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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::