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HomeMy WebLinkAboutORD 25-4968 & CZA - Rezoning 611 Greenwood Dr (REZ25-0010)- PUBLISH 09-25-25 Ordinance No. 25-4968 Ordinance conditionally rezoning approximately 9.9 acres of land located at 611 Greenwood Drive from Neighborhood Public (P-1) zone to Medium Density Multi-Family Residential Zone with a Planned Development Overlay (OPD/RM-20) (REZ25-0010). Whereas, TWG Iowa City, LP, has requested the rezoning of approximately 9.9 acres of land located at 611 Greenwood Drive from Neighborhood Public (P-1) zone to Medium Density Multi-Family Residential Zone with a Planned Development Overlay (OPD/RM-20); and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential development at a density of 16-24 du/acre and the Southwest District Plan envisions Medium to High Density Multi-Family development; and Whereas, the Comprehensive Plan establishes goals that accommodate all modes of transportation while encouraging walking and bicycling and maximizing the safety and efficiency of the transportation network; and Whereas, due to the topographic challenges with providing a sidewalk along Greenwood Drive, the rezoning creates a public need for the installation of a 10’ wide publicly accessible pedestrian connection from West Benton Street north through the subject property to Greenwood Drive; and Whereas, the rezoning creates a public need to screen the parking spaces located within the eastern parking area from the abutting neighbors to the S3 standard in order to maintain an appropriate buffer between the parking area and abutting residential properties; and Whereas, the rezoning creates a public need to restrict vehicular access to Greenwood Drive and ensure that access is provided at a near 90-degree angle with Greenwood Drive; and Whereas, the rezoning creates a public need to improve pedestrian facilities through the installation of a raised crosswalk across Greenwood Drive near the entrance to the site subject to review and approval by the City Engineer; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improved pedestrian facilities including a raised crosswalk and a 10’ wide public pedestrian path, vehicular access restricted to Greenwood Drive, and the drive to the site on Greenwood Drive at a near 90-degree angle, 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, TWG Iowa City, LP 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 Medium Density Multi-Family Residential Zone with a Planned Development Overlay (OPD/RM-20), as indicated: ALL THAT PART OF LOT 7, IN SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., LYING AND BEING NORTH OF THE PUBLIC HIGHWAY RUNNING EAST AND WEST (BENTON STREET) THROUGH SAID LOT 7, SAID LOT 7 BEING SO DESIGNATED ON A PLAT OF SAID SECTION 16 RECORDED IN THE OFFICE OF THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA, ON MAY 18, 1848. THIS CONVEYANCE IS MADE SUBJECT TO A LEASE COVERING THE PREMISES ABOVE DESCRIBED TO JAMES A. HENNESSEY AND REGINA HENNESSEY, EXPIRING MARCH 1, 1928, WHICH LEASE HAS BEEN ASSIGNED TO THE GRANTEE HEREIN. AND BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 3 IN SCHOOL COMMISSIONERS SUBDIVISION OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., WHICH SAID POINT OF BEGINNING IS 1927 FEET WEST AND 670 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SAID SECTION 16, RUNNING THENCE WEST 693 FEET, THENCE NORTH 64 FEET MORE OR LESS TO THE CENTER LINE OF MYRTLE AVENUE (NOW KNOWN AS GREENWOOD DRIVE) IN IOWA CITY, IOWA, THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID MYRTLE AVENUE (GREENWOOD DRIVE) TO A POINT DIRECTLY NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH TO THE PLACE OF BEGINNING. AS A FURTHER CONSIDERATION FOR SAID CONVEYANCE AND AS A COVENANT RUNNING WITH THE LAND, THE GRANTEE HEREIN HEREBY AGREES AND COVENANTS THAT THE EAST 60 FEET OF THE ABOVE DESCRIBED PREMISES SHALL BE AND THE SAME IS HEREBY OPENED AND DEDICATED AS A PUBLIC HIGHWAY OR STREET AND THE SAID GRANTEE SHALL NOT BE PERMIT THE SAME TO BE OBSTRUCTED OR INTERFERED WITH IN ANY WAY AS A PUBLIC STREET, AND THE SAID HIGHWAY SHALL BE KEPT OPEN FOR THE USE OF THE PUBLIC AS FULLY AND EFFECTUALLY AS IF THE SAME HAD BEEN PLATTED AND DEDICATED AND THE SAME ACCEPTED BY THE CITY OF IOWA CITY, IOWA AS A PUBLIC STREET, AND THE ACCEPTANCE THEREOF BY THE CITY OF IOWA CITY, IOWA, AS A PUBLIC STREET, AT ANY TIME HEREAFTER SHALL COMPLETE THE SAID DEDICATION AS FULLY AND EFFECTUALLY AS IF THE SAME WERE ACCEPTED BY THE CITY AT THIS TIME. GRANTEE SHALL CONSTRUCT SUCH FENCES AS SAID GRANTEE MAY DESIRE ALONG THE WEST SIDE OF THE STREET HEREIN DEDICATED BUT SHALL BE UNDER NO OBLIGATION TO CONTRUST (CONSTRUCT) AND FENCES ALONG THE EAST SIDE OF THE STREET SO DEDICATED. 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 16th day of September 2025. s/Bruce Teague, Mayor Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 09/25/2025 Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and TWG Iowa City, LP (hereinafter referred to as "Owner”). Whereas, Owner is the legal title holder of approximately 9.9 acres of property located at 611 Greenwood Drive, legally described below; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential development at a density of 16-24 du/acre and the Southwest District Plan envisions Medium to High Density Multi-Family development; and Whereas, the Comprehensive Plan establishes goals that accommodate all modes of transportation while encouraging walking and bicycling and maximizing the safety and efficiency of the transportation network; and Whereas, due to the topographic challenges with providing a sidewalk along Greenwood Drive, the rezoning creates a public need for the installation of a 10’ wide publicly accessible pedestrian connection from West Benton Street north through the subject property to Greenwood Drive; and Whereas, the rezoning creates a public need to screen the parking spaces located within the eastern parking area from the abutting neighbors to the S3 standard in order to maintain an appropriate buffer between the parking area and abutting residential properties; and Whereas, the rezoning creates a public need to restrict vehicular access to Greenwood Drive and ensure that access is provided at a near 90-degree angle with Greenwood Drive; and Whereas, the rezoning creates a public need to improve pedestrian facilities through the installation of a raised crosswalk across Greenwood Drive near the entrance to the site subject to review and approval by the City Engineer; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improved pedestrian facilities including a raised crosswalk and a 10’ wide public pedestrian path, vehicular access restricted to Greenwood Drive, and the drive to the site on Greenwood Drive at a near 90-degree angle, 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: ALL THAT PART OF LOT 7, IN SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., LYING AND BEING NORTH OF THE PUBLIC HIGHWAY RUNNING EAST AND WEST (BENTON STREET) THROUGH SAID LOT 7, SAID LOT 7 BEING SO DESIGNATED ON A PLAT OF SAID SECTION 16 RECORDED IN THE OFFICE OF THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA, ON MAY 18, 1848. THIS CONVEYANCE IS MADE SUBJECT TO A LEASE COVERING THE PREMISES ABOVE DESCRIBED TO JAMES A. HENNESSEY AND REGINA HENNESSEY, EXPIRING MARCH 1, 1928, WHICH LEASE HAS BEEN ASSIGNED TO THE GRANTEE HEREIN. AND BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 3 IN SCHOOL COMMISSIONERS SUBDIVISION OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., WHICH SAID POINT OF BEGINNING IS 1927 FEET WEST AND 670 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SAID SECTION 16, RUNNING THENCE WEST 693 FEET, THENCE NORTH 64 FEET MORE OR LESS TO THE CENTER LINE OF MYRTLE AVENUE (NOW KNOWN AS GREENWOOD DRIVE) IN IOWA CITY, IOWA, THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID MYRTLE AVENUE (GREENWOOD DRIVE) TO A POINT DIRECTLY NORTH OF THE PLACE OF BEGINNING, THENCE SOUTH TO THE PLACE OF BEGINNING. AS A FURTHER CONSIDERATION FOR SAID CONVEYANCE AND AS A COVENANT RUNNING WITH THE LAND, THE GRANTEE HEREIN HEREBY AGREES AND COVENANTS THAT THE EAST 60 FEET OF THE ABOVE DESCRIBED PREMISES SHALL BE AND THE SAME IS HEREBY OPENED AND DEDICATED AS A PUBLIC HIGHWAY OR STREET AND THE SAID GRANTEE SHALL NOT BE PERMIT THE SAME TO BE OBSTRUCTED OR INTERFERED WITH IN ANY WAY AS A PUBLIC STREET, AND THE SAID HIGHWAY SHALL BE KEPT OPEN FOR THE USE OF THE PUBLIC AS FULLY AND EFFECTUALLY AS IF THE SAME HAD BEEN PLATTED AND DEDICATED AND THE SAME ACCEPTED BY THE CITY OF IOWA CITY, IOWA AS A PUBLIC STREET, AND THE ACCEPTANCE THEREOF BY THE CITY OF IOWA CITY, IOWA, AS A PUBLIC STREET, AT ANY TIME HEREAFTER SHALL COMPLETE THE SAID DEDICATION AS FULLY AND EFFECTUALLY AS IF THE SAME WERE ACCEPTED BY THE CITY AT THIS TIME. GRANTEE SHALL CONSTRUCT SUCH FENCES AS SAID GRANTEE MAY DESIRE ALONG THE WEST SIDE OF THE STREET HEREIN DEDICATED BUT SHALL BE UNDER NO OBLIGATION TO CONTRUST (CONSTRUCT) AND FENCES ALONG THE EAST SIDE OF THE STREET SO DEDICATED. 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. Owner will install a 10’ wide pedestrian connection and dedicate an associated public access easement along the eastern portion of the property to extend from West Benton Street to Greenwood Drive prior to issuance of a Certificate of Occupancy. Pedestrian path shall also include pedestrian scale lighting to be reviewed and approved by the City during the site plan review process. Owner shall install and maintain lighting. b. Restrict vehicular access to the site from West Benton Street to emergency vehicles only. c. Owner will screen the parking spaces located within the eastern parking area from the abutting neighbors to the S3 screening standard. Only the parking spaces must be screened to the S3 standard, not the driveway. d. Owner will install a raised crosswalk across Greenwood Drive near the entrance to the site prior to issuance of Certificate of Occupancy, subject to review and approval by the City Engineer. e. Owner will ensure that the design of the access drive from Greenwood Drive to the subject property is at or near a 90-degree angle as part of the site plan approval, subject to review and approval by the City Engineer. 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 16th day of September 2025. City of Iowa City s/Bruce Teague, Mayor Attest:s/Kellie Grace, City Clerk TWG Iowa City, LP By: s/Louis Knoble, Authorized Representative *Submitted to publish on 09/25/2025