HomeMy WebLinkAboutORD 25-4963 & CZA - Rezoning East of N. Dodge St and south I-80 (REZ25-0008)- PUBLISH 09-11-25 Ordinance No. 25-4963 Ordinance conditionally rezoning approximately 33.6 acres of property located east of N. Dodge St, and south of I-80 from Office Research Park (ORP) zone to Community Commercial (CC-2) zone. (REZ25-0008)
Whereas, JNB Iowa City, LLC has requested the rezoning of property located north of N. Scott Blvd. and east of N. Dodge St. from Office Research Park (ORP) zone to Community Commercial (CC-2) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for uses consistent with General Commercial, Mixed Use, and Public/Private Open Space; and Whereas, the property has never been platted and the rezoning allows for increased
development potential and creates a public need to subdivide the property to ensure an interconnected street and block network prior to the issuance of any building permit for the construction of new buildings or additions to existing buildings; and
Whereas, the rezoning creates a public need to verify that the existing sanitary sewer infrastructure can accommodate the full buildout of the area being rezoned, a flow study is
required prior to final plat approval of the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch of the North Branch Dam Trunk sewer with potential upgrades made and accepted by the City prior to the issuance of any building permits; and Whereas, due to the increased development potential the rezoning creates a public need to provide a transition from existing residential uses by ensuring that commercial areas that either abut either N. Dodge Street or land that is zoned residential must include a 30’ wide landscaped buffer strips that are landscaped according to the plan approved by the City Forester, and Whereas, the rezoning creates a public need for the installation of a 10’ wide sidewalk on the
eastern/southern portion of the N. Dodge Street right-of-way between N. Scott Blvd and ACT Circle subject to review and approval by the City Engineer; and
Whereas, the rezoning allows for increased development potential and creates a public need for intersection improvements at ACT Circle and N. Dodge Street. Specifically, a southbound left-turn lane and northbound right-turn lane on N. Dodge Street at ACT Circle subject to review and
approval by the City Engineer and the Iowa DOT. Installation of improvements shall be required prior to issuance of building permits; and Whereas, the rezoning creates a public need to ensure access to N. Dodge Street is appropriately limited and any request for an additional driveway access to the subject property north of the N. Dodge St/ACT Circle intersection shall be limited to a right-in/right-out access only; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the approval of a preliminary and final plat, ensuring that the existing sewer system has capacity to support the rezoned area, landscaped buffer strips, a 10’ wide sidewalk
along N. Dodge Street, and installation of turn lane improvements at the ACT Circle/N. Dodge Street intersection, as well as limiting access to the subject property from N. Dodge Street the rezoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2025) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and Whereas, the owner, JNB Iowa City, LLC has agreed that the property shall be developed in
accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the City. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby classified Community Commercial (CC-2) zone, as indicated: Auditor’s Parcel #96022, recorded in Plat Book 37 – Page 4, and a portion of Auditor’s Parcel #96016, recorded in Plat Book 36 – Page 348, and Auditor’s Parcel #96015, recorded in Plat Book 36 – Page 347, and a portion of Auditor’s Parcel #96021, recorded in Plat Book 37 – Page 3, and a portion of Auditor’s Parcel 2005047, recorded in Plat Book 49 – Page 123, and a portion of survey plat, recorded in Plat Book 17 – Page 27 and a portion of a survey plat, recorded in Plat Book 4 –
Page 160, and a portion of the W1/2 NW 1/4, Section 1, Township 79 North, Range 6W of the Fifth P.M, and all located within the E1/2 NE 1/4, Section 2, Township 79 North Range 6 West, of the Fifth P.M, and the SW 1/4 SW 1/4 Section 36, Township 80 North Range 6 West, of the Fifth P.M,
and the SE 1/4 SW 1/4 Section 36 Township 80 North Range 6 West, of the Fifth P.M, and the W1/2 NW 1/4, Section 1, Township 79 North Range 6 West, of the Fifth P.M, and all located within Warranty Deed as described in Book 6644 – Page 171 and Recorded in Johnson County
Recorder’s Office, described as follows: Beginning at a 5/8” iron rod with an IDOT cap located on the southern right of way of Interstate I80 and the SW corner of Auditor’s Parcel 96022; Thence N73° 25’ 54”E – 183.16 feet along said right of way, to the point of intersection of the east line of SW1/4 SW1/4 Section 36-80-06, which is also the NE corner of said Auditor’s Parcel, Thence N73°50’43”E – 11.07 feet along said southern right of way, to the point of intersection of the extension line of the east line of the NW 1/4 NW 1/4 Section 01-79-06; Thence S01°46’34”E - 584.70 feet along said east line; Thence S88°31’12”W - 402.09 feet; Thence S43°10’00” – 851.17 feet; Thence S01 50’00”E - 150.00 feet to the southern line of the NW 1/4 NW 1/4, Section 01-79-06; Thence S88°10’00”W - 255.23 feet along said southern line, the easterly right of way of Old Solon Rd., which is now ACT DR.; Thence
S05°34’20”E - 140.77 feet along said easterly right of way; Thence S05°30’01”W - 179.68 feet along a 473.80 foot radius curve concave westerly, with a central angle of 21°43’42”, having a Chord length of 178.60 feet, along said easterly right of way; Thence S00°00’00” – 229.52 feet; Thence
S88°41’21”W – 129.33 feet; Thence S81°04’58”W – 222.27 feet; Thence S81°48’39”W – 73.31 feet; Thence S89°48’36”W – 121.43 feet to the SE Corner of property survey recorded in Bk 4 – Pg 160, which is also on the northern right of way of Old Solon Rd; Thence N00°18’17”W – 568.41 feet along the easterly line of said property survey; Thence N85°04’45”W – 315.20 feet; Thence N22°03’06”W – 103.86 feet to the NW corner of said property survey to an iron rod with cap #15747, also located on the southern right of way of North Dodge Street and Highway 1; Thence along said southern Highway 1 right of way the following courses: N55°02’56”E – 1007.60 feet; N49°52’15”E – 228.74 feet; N60°18’11”E – 213.93 feet; Thence N58°59’27”E – 235.92 feet to the NW corner of Auditor’s Parcel 96016, which is also the southerly right of way of Interstate I80; Thence N58°01’55”E – 397.37 feet; Thence N73°52’08”E – 215.20 feet to the Point of Beginning. The described area contains 33.64 acres and is subject to easements and restrictions of record.
Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and any agreements or other documentation authorized and required by the Conditional Zoning Agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner’s expense, upon the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication in accordance with Iowa Code Chapter 380.
Passed and approved this 2nd day of September 2025. s/Bruce Teague, Mayor
Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 09/11/2025 Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and JNB Iowa City, LLC (hereinafter referred to as "Owner”). Whereas, Owner is the legal title holder of approximately 33.6 acres of property located east of N. Dodge Street and south of I-80, legally described below; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for uses consistent with General Commercial, Mixed Use, and Public/Private Open Space; and Whereas, the property has never been platted and the rezoning allows for increased development potential and creates a public need to subdivide the property to ensure an interconnected street and block network prior to the issuance of any building permit for the construction of new buildings or additions to existing buildings; and Whereas, the rezoning creates a public need to verify that the existing sanitary infrastructure can accommodate the full buildout of the area being rezoned, a flow study is required prior to final plat approval of the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the North Branch of the North Branch Dam Trunk sewer with potential upgrades made and accepted by the City prior to the issuance of any building permits; and
Whereas, due to the increased development potential the rezoning creates a public need to provide a transition from existing residential uses by ensuring that commercial areas that either abut either N. Dodge Street or land that is zoned residential must include a 30’ wide landscaped buffer strips that are landscaped according to the plan approved by the City Forester, and
Whereas, the rezoning creates a public need for the installation of a 10’ wide sidewalk on the eastern/southern portion of the N. Dodge Street right-of-way between N. Scott Blvd and ACT Circle subject to review and approval by the City Engineer; and Whereas, the rezoning allows for increased development potential and creates a public need for intersection improvements at ACT Circle and N. Dodge Street. Specifically, a southbound left-turn lane and
northbound right-turn lane on N. Dodge Street at ACT Circle subject to review and approval by the City Engineer and the Iowa DOT. Installation of improvements shall be required prior to issuance of building permits; and Whereas, the rezoning creates a public need to ensure access to N. Dodge Street is appropriately limited and any request for an additional driveway access to the subject property north of the N. Dodge
St/ACT Circle intersection shall be limited to a right-in/right-out access only; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the approval of a preliminary and final plat, ensuring that the existing sewer system has capacity
to support the rezoned area, landscaped buffer strips, a 10’ wide sidewalk along N. Dodge Street, and installation of turn lane improvements at the ACT Circle/N. Dodge Street intersection, as well as limiting
access to the subject property from N. Dodge Street the rezoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2025) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and
Whereas, the Owner agrees to develop this property in accordance with the terms and conditions
of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
1. Owner is the legal title holder of the property legally described as:
Auditor’s Parcel #96022, recorded in Plat Book 37 – Page 4, and a portion of Auditor’s Parcel #96016, recorded in Plat Book 36 – Page 348, and Auditor’s Parcel #96015, recorded in Plat Book 36 – Page 347,
and a portion of Auditor’s Parcel #96021, recorded in Plat Book 37 – Page 3, and a portion of Auditor’s Parcel 2005047, recorded in Plat Book 49 – Page 123, and a portion of survey plat, recorded in Plat Book 17 – Page
27 and a portion of a survey plat, recorded in Plat Book 4 – Page 160, and a portion of the W1/2 NW 1/4, Section 1, Township 79 North, Range 6W of the Fifth P.M, and all located within the E1/2 NE 1/4, Section 2,
Township 79 North Range 6 West, of the Fifth P.M, and the SW 1/4 SW 1/4 Section 36, Township 80 North Range 6 West, of the Fifth P.M, and the SE 1/4 SW 1/4 Section 36 Township 80 North Range 6 West, of the
Fifth P.M, and the W1/2 NW 1/4, Section 1, Township 79 North Range 6 West, of the Fifth P.M, and all located within Warranty Deed as described in Book 6644 – Page 171 and Recorded in Johnson County Recorder’s
Office, described as follows:
Beginning at a 5/8” iron rod with an IDOT cap located on the southern right of way of Interstate I80 and the SW corner of Auditor’s Parcel 96022; Thence N73° 25’ 54”E – 183.16 feet along said right of way, to the point
of intersection of the east line of SW1/4 SW1/4 Section 36-80-06, which is also the NE corner of said Auditor’s Parcel, Thence N73°50’43”E – 11.07 feet along said southern right of way, to the point of intersection of the extension line of the east line of the NW 1/4 NW 1/4 Section 01-79-06; Thence S01°46’34”E - 584.70 feet along said east line; Thence S88°31’12”W - 402.09 feet; Thence S43°10’00” – 851.17 feet; Thence S01
50’00”E - 150.00 feet to the southern line of the NW 1/4 NW 1/4, Section 01-79-06; Thence S88°10’00”W - 255.23 feet along said southern line, the easterly right of way of Old Solon Rd., which is now ACT DR.; Thence
S05°34’20”E - 140.77 feet along said easterly right of way; Thence S05°30’01”W - 179.68 feet along a 473.80 foot radius curve concave westerly, with a central angle of 21°43’42”, having a Chord length of 178.60 feet, along said easterly right of way; Thence S00°00’00” – 229.52 feet; Thence S88°41’21”W – 129.33 feet; Thence S81°04’58”W – 222.27 feet; Thence S81°48’39”W – 73.31 feet; Thence S89°48’36”W – 121.43 feet
to the SE Corner of property survey recorded in Bk 4 – Pg 160, which is also on the northern right of way of Old Solon Rd; Thence N00°18’17”W – 568.41 feet along the easterly line of said property survey; Thence N85°04’45”W – 315.20 feet; Thence N22°03’06”W – 103.86 feet to the NW corner of said property survey to an iron rod with cap #15747, also located on the southern right of way of North Dodge Street and Highway 1; Thence along said southern Highway 1 right of way the following courses: N55°02’56”E – 1007.60 feet; N49°52’15”E – 228.74 feet; N60°18’11”E – 213.93 feet; Thence N58°59’27”E – 235.92 feet to the NW corner
of Auditor’s Parcel 96016, which is also the southerly right of way of Interstate I80; Thence N58°01’55”E – 397.37 feet; Thence N73°52’08”E – 215.20 feet to the Point of Beginning The described area contains 33.64 acres and is subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2025) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Zoning Code, as well as the following
conditions:
a. Prior to issuance of building permits for the construction of new buildings or additions to existing buildings, the subject property shall go through the subdivision process and obtain approval of a preliminary and final plat.
b. Prior to final plat approval, Owner shall prepare a flow study for the full length of the North Branch of the Northeast Trunk sewer to its point of connection with the
North Branch Dam Trunk Sewer. If any of the existing sections of the North Branch of the Northeast Trunk sewer do not have the capacity to support the full buildout of the area being rezoned, upgrades will need to be made and accepted
by the City prior to the issuance of any building permits. If sewage from the area being rezoned will be conveyed to the Highlander Lift Station, Owner shall prepare a flow study for the Highlander Lift Station. c. Prior to site plan approval, commercial areas along N. Dodge St that abut either N. Dodge Street or land that is zoned residential must include landscaped buffer strips that do not allow any development. These strips shall be located on the commercial property, shall be 30’ wide, shall be located along N. Dodge Street, which is an important gateway to the City, as well as in areas that abut residential zones, and shall be landscaped according to the plan that is approved by the City Forester.
d. Prior to issuance of a building permit, Owner shall install a 10’ wide sidewalk on the eastern/southern portion of the N. Dodge Street right-of-way between N.
Scott Blvd and ACT Circle, subject to review and approval by the City Engineer. e. Prior to final plat approval, Owner shall submit construction drawings for a
southbound left turn lane and northbound right-turn lane on N. Dodge Street at ACT Circle subject to review and approval by the City Engineer and the Iowa DOT. Improvements shall be installed by the Owner prior to issuance of building permits. f. Prior to final plat approval, Owner shall submit construction drawings for the 4th
leg of the ACT Circle / N. Dodge St intersection subject to review and approval by the City Engineer and the Iowa DOT. Improvements shall be installed by the Owner prior to issuance of building permits. g. Any request for an additional driveway access to the subject property north of the N. Dodge St/ACT Circle intersection shall be limited to a right-in/right-out access only. This access requires review and approval by the City Engineer and the Iowa DOT.
4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code
§414.5 (2025), and said conditions satisfy the public needs that are caused by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, shall inure to the benefit of and bind all successors, representatives, and assigns of the parties, and shall remain in full force and effect unless and until released of record by the City for the above-described property, upon which occurrence these conditions shall be
deemed satisfied and this agreement of no further force and effect. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable
local, state, and federal regulations.
6. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner’s expense.
Dated this 2nd day of September 2025. City of Iowa City s/Bruce Teague, Mayor
Attest:s/Kellie Grace, City Clerk JNB Iowa City, LLC
By: s/Steve Long, Member *Submitted to publish on 09/11/2025