HomeMy WebLinkAbout2003-07-15 Public hearing NOTICE OF PUBLIC HEARING
Notice is hereby given that a public
hearing will be held by the City Council of
Iowa City, Iowa, at 7:00 p.m. on the 15th
day of July, 2003, in Emma J. Harvat Hall,
Civic Center, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City
Council thereafter as posted by the City
Clerk; at which hearing the Council will
consider:
An ordinance conditionally changing the
zoning designation of 5.69 acres from
RS-5, Low-Density Single-Family
Residential, to RM-12, Low-Density Multi-
Family Residential, for property located
at 1715 Mormon Trek Boulevard.
Copies of the proposed ordinances are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK
Prepared by: Jessica Hlubek, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 5.69 ACRES FROM LOW DENSITY SINGLE-
FAMILY RESIDENTIAL (RS-5) TO LOW DENSITY MULTI-FAMILY RESIDENTIAL (RM-12)
LOCATED AT 1715 MORMON TREK BOULEVARD.
WHEREAS, All Nations Baptist Church, is the owner and title holder of approximately 5.69 acres of
property located at 1715 Mormon Trek Boulevard; and
WHEREAS, the applicant, Jong Koo Lee, on behalf of All Nations Baptist Church, has requested the
rezoning of the approximately 5.69-acre property from RS-5, Low Density Single-Family Residential, to
RM-12, Low Density Multi-Family Residential; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring that any future development of the property is in accordance with the design policies of the
Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which
is part of the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2001) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the owner and applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Southwest District Plan; and
WHEREAS, the owner and applicant have agreed to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive
Plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional
Zoning Agreement, attached hereto and incorporated herein, the property described below is hereby
reclassified from its current designation of Low Density Single-Famity Residential (RS-5) to Low Density
Multi-Family Residential (RM-12):
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20; TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH
PRINCIPAL MERIDIAN; THENCE S00°20'30'~/V, A RECORDED BEARING, 532.40 FEET ALONG THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT ON
THE NORTHEASTERLY RIGHT OF WAY LINE OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY
NO. 218; THENCE N47°47'O0"VV, ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00
FEET; THENCE N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE S00°24'00"E
ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE NORTH LINE OF SAID
NORTHWEST QUARTER; THENCE S89°57'38"E, ALONG SAID NORTH LINE, 33.00 FEET TO THE
POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 5.69 ACRES MORE OR LESS AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II ZONING MAP. The Building Inspector 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 this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional
Zoning Agreement between the property owner and applicant of the 5.69-acre property requested for
rezoning.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of this 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, as required by law.
Passed and approved this day of ,20.__
MAYOR
ATTEST:
CITY CLERK
Approved by
ppdadm/ord/REZ02qx)018.doc
Prepared by: Jessica Hiubek, planning intem, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), All Nations Baptist Church (hereinafter "Owner") and Jong Koo Lee representing All
Nations Baptist Church (hereinafter "Applicant").
WHEREAS, Owner is owner and legal title holder of approximately 5.69 acres of property located at
1715 Mormon Trek Boulevard; and
WHEREAS, the Applicant has requested the rezoning of the approximately 5.69-acre property from
RS-5, Low Density Single-Family Residential, to RM-12, Low Density Multi-Family Residential; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
ensuring that any future redevelopment of the property is in accordance with the design policies of the
Southwest District Plan, the proposed rezoning is in conformance with the Southwest District Plan, which
is pad of the Comprehensive Plan; and
WHEREAS, Iowa Code {}414.5 (2001) provides that the City of Iowa may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure that the development of the property is in general accordance with the
neighborhood design policies of the Southwest District Plan; and
WHEREAS, the Owner and Applicant have agreed to use this property in accordance with the terms
and conditions of a Conditional Zoning Agreement to ensure that the above-referenced Comprehensive
Plan policies are addressed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. All Nations Baptist Church is the owner and legal title holder of the property legally described as
follows:
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°20'30'W, A RECORDED BEARING,
532.40 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE
OF THE RELOCATED PRIMARY ROAD U.S. HIGHWAY NO. 218; THENCE N47°47'00"W,
ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, 951.00 FEET; THENCE
N83°41'55"E, 677.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF
MORMON TREK ROAD (ALSO KNOWN AS MORMON TREK BOULEVARD); THENCE
S00°24'00"E ALONG SAID RIGHT OF WAY LINE 180.94 FEET TO A POINT ON THE
NORTH LINE OF SA~D NORTHWEST QUARTER; THENCE S89°57'38"E, ALONG SAID
NORTH LINE, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND
CONTAINS 5.69 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD,
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the neighborhood design policies contained within the
Southwest District Plan. Further, the Parties acknowledge that Iowa Code §414.5 (2001) provides
that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning
request, over and above the existing regulations, in order to satisfy public needs directly caused by
the requested change. Therefore, Owner and Applicant agree to certain conditions over and above
City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that any
future redevelopment of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. A 70-foot wide evergreen buffer planted with evergreens shall be established along Highway
218 in the event that the subject property redevelops for residential use in the future.
b. A Planned Development Housing Overlay (OPDH) plan shall be approved )rior to any future
residential redevelopment of the subject property.
4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2001), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with the title to this land, unless or until released of record by the
City of Iowa City.
The Parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the Parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner or Applicant from complying with all applicable local, state and federal regulations.
8. The Parties agree that 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 Applicant's expense.
Dated this day of ,2002.
OWNER CITY OF IOWA CITY
Jo~(~o e t -- /~, Ernest Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
Cit~,~tt~mey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /,._5' day of ~ , 20~',E, , before me, the undersigned, a Notary
Public in and for said Cour~y, i~ said State, personally appeared ~ 1/~ Lee
, to me known to be the identical person(s) named in and/wh~executed the within
and foregoing instrument and acknowledged that (he!~c!thc';) executed the same as (his/hcr/thc!;~
voluntary act and deed.
Notary~Public in and for the State of Iowa
My commission expires: ~-~..~
STATE OF IOWA
SS:
JOHNSON COUNTY
On this day of , A.D. 20 , before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Kan', to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is
the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers
acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppd adnVagtJCZA-REZ02-00018.doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Jessica Hlubek
Item: REZ03-00018, Date: May 21, 2003
1715 Mormon Trek Boulevard
GENERAL INFORMATION:
Applicant: All Nations Baptist Church
Contact Person: Jong Koo Lee, senior pastor
All Nations Baptist Church
1715 Mormon Trek Boulevard
Iowa City, IA 52246
Phone: (319) 354-7801
Requested Action: Rezoning from RS-5 to RM-12
Purpose: To allow for a larger self-standing sign at
the entrance to All Nations Baptist Church
Location: 1715 Mormon Trek Boulevard
Size: 5.69 acres
Existing Land Use and Zoning: Religious Institution; RS-5
Surrounding Land Use and Zoning: North: Residential; PDH-8
South: Highway 218, Agriculture
East: Residential; PDH-8
West: Highway 218, Agriculture
Comprehensive Plan: Public Services/Institutional
File Date: May 15, 2003
45-day Limitation Period: June 29, 2003
BACKGROUND INFORMATION:
The applicant has requested a rezoning from RS-5, Low Density Single-Family, to RM-12, Low
Density Multi-family for the 5.69-acre property located at 1715 Mormon Trek Boulevard. The
proposed rezoning would allow All Nations Baptist Church to erect a sign with 24-square feet of
area per side at the church's entrance, thereby increasing sign visibility and exposure to the
facility. Additionally, the proposed rezoning would permit high-density single-family and Iow-
density multi-family dwellings should the property ever redevelop in the future.
The All Nations Baptist Church currently exists on the subject property as a special exception of
the RS-5 zone. Should the property be rezoned to RM-12, the church will continue to exist as a
special exception.
ANALYSIS:
The primary intent of the current RS-5, or Low Density Single-Family Residential Zone is to
provide for single-family residential development consistent with the single-family residential
character of Iowa City. The proposed RM-12, or Low Density Multi-Family Residential Zone is
intended to provide for high-density single-family development and Iow-density multi-family
residential development.
It is the applicant's concern that the existing sign at the church's entrance is not large enough
for passing drivers on Mormon Trek Boulevard to see. The current RS-5 zoning allows a
maximum sign face of 12-square feet. The RM-12 zoning designation would allow the church
to erect a sign with 24-square feet of area per side. The applicant sees the larger sign as a
means of increasing the church's exposure to the community.
Under normal circumstances, a rezoning would not be considered solely to facilitate a larger
sign. However, the subject property has characteristics that may warrant consideration of the
RM-12 zoning designation. These characteristics include the location of the property between
an arterial and an expressway, the property's relatively small size compared to most RS-5
neighborhoods, and the character of surrounding neighborhoods.
At this time, there are no plans to redevelop the subject property. However, should the property
redevelop in the future, the current RS-5 zoning designation would allow only detached single-
family dwellings as permitted uses. The proposed RM-12 zoning would allow duplexes and
multi-family dwellings, as well as detached single-family dwellings. Staff feels this property is
more appropriate for medium-density duster development or for nonresidential uses such as the
religious institution currently in place.
Mormon Trek Boulevard and Highway 218 border the subject property to the east and
southwest respectively, and act as an effective separation between it and other single-family
uses. To the north, the property is abutted by Mormon Trek Village, a mixed development that
would be compatible with the RM-12 zone proposed. Mormon Trek provides the property with
adequate access to the rest of southwest Iowa City and ensures that any redevelopment would
not be disruptive to local residential streets. As suggested in the Southwest District Plan, any
type of residential development in this area should include a landscaped buffer along Highway
218. Staff recommends that a 70-foot wide buffer planted with evergreens be required if this
property ever redevelops for residential uses.
The relatively small size and triangular shape of the subject property would make it difficult to
subdivide the property into single-family lots. Access to Mormon Trek Boulevard would be an
issue with detached single-family housing.
In accordance with the Comprehensive Plan, the entire Southwest Planning District promotes a
diversity of housing types. The area along Mormon Trek Boulevard specifically contains a
mixture of duplexes, townhouses and apartments, as well as single-family dwellings. Any future
multi-family development on the subject property would fit in with the surrounding area,
especially with the multi-family character of Mormon Trek Village directly to the north of the
property.
SUMMARY
The applicant's request to rezone this property to allow a larger sign for the existing church is
not a compelling reason to rezone this property. However the property's size, triangular shape
and location in relationship to Mormon Trek Boulevard and Highway 218, make this property
more suitable for the Low Density Multi-Family Zone, RM-12, than the Low Density Single-
Family Zone, RS-5. Any residential development on this property should include a 70-foot wide
evergreen buffer between Highway 218 and dwelling units.
STAFF RECOMMENDATION:
Staff recommends that REZ03-00018, a rezoning from RS-5, Low Density Single Family
Residential to RM-12, Low Density Multifamily Residential for 5.69 acres located at 1715 Mormon
Trek Boulevard, be approved conditioned upon the establishment of a 70-foot wide evergreen
buffer along Highway 218 in the event that the subject property redevelops for residential use in
the future.
Approved by: ,~"~~~ Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENTS:
1. Location map
2. Applicant letter
T£ LIMITC~
EARL ROAD
SITE LOCATION: 1715 Mormon Trek Blvd. REZ03-O0018
ALL NATIONS BAPTIST CHURCH
1715 MORMON TREK BLVD., IOWA CITY, IA 52246
PHONE: (319) 354-7801 FAX: (319) 354-4984
May 15, 2003
Dear Department of Planning and Development
Please regard this as a formal request to change our Iow-density zoning to
a high-density zone of our property aimed at clearing the way for us to have
a bigger self-standing sign at the entrance.
We, an international community of believers, have been meeting spiritual
needs of Americans and many ethnic groups who live in Iowa City and
Coralville. The current sign size does not give enough exposure of our
church to the general public, necessitating a bigger sign.
We have been trying to make contributions to the community by offering our
facilities as the polling place of voting and neighborhood meetings.
We do not think that the proposed rezoning of our property will be
detrimental to our neighborhood at all. The current sign is not large
enough for passing drivers to see. Please consider our peculiar situation
and grant us the rezoning of our property to a Iow-density zone. Thank you
for your cooperation.
Sincerely,
¢~'ong~)oo Lee, senior pastor
All Nations Baptist Church
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing wiJl
be held by the City Council of Iowa City, Iowa at
7:00 p.m., on the 15th day of July, 2003, in Emma
Harvat Hall, 410 E. Washington Street, iowa City,
Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk; at which hearing the Council will
consider:
Implementation of a 25¢ fare on the Shuttle
route of Iowa City Transit.
For further information contact Ron Logsden,
Iowa City Transit Manager, at 319-356-5154.
Persons wishing to make their views known for
Council consideration are encourage to appear at
the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m., on the I5th day of July, 2003, in Emma
Harvat Hall, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk; at which hearing the Council will
consider:
Plans, specifications, form of contract, and
estimate of cost for the construction of the Court
Street Transportation Center Project.
The Court Street Transportation Center is a
multi-modal transportation facility which will be
located on the east half of Block 102 south of
Burlington Street in Iowa City, Iowa. For further
information, contact Jeff Davidson, Assistant
Director of Planning and Community Development
at (319) 356-5252; or Joe Fowler, Director of
Parking and Transit at (319) 356-5156.
Beginning on Thursday, July 10, 2003, copies of
the proposed plans and specifications will be on
file for public examination in the office of the City
Clerk, Civic Center, 410 E. Washington St., Iowa
City, Iowa. Persons wishing to make their views
known for Council consideration are encouraged
to appear at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
ppdadrcVr es/CSTCnph .do::