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HomeMy WebLinkAbout2014-09-02 Ordinanceor-M-7, 5a Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00012) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5). (REZ14- 00012) WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density single family residential uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the improvement of Camp Cardinal Road and the extension of water and sewer lines; and WHEREAS, Iowa Code §414.5 (2013) 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 caused by the requested change; and WHEREAS, the owner and applicant 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 reclassified from its current zoning designation of Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5): COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N1D02'35 "W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING N1D02'35 "W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88D43'06 'E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER; THENCE SOD05'11 "W 978.41' ALONG SAID W LINE TO THE SE CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N89D19'26 'W 1457.29' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW CORNER THEREOF; THENCE N9D31'39 "W 504.26' ALONG THE W LINE OF SAID AUDITOR'S PARCEL2012062; THENCE S88D58'29 "W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING. Ordinance No. Page 2 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 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, as provided by law. Passed and approved this day of , 2014. MAYOR ATTEST: CITY CLERK y ttved o by a. AY., City Attorney's Office �/� //t-/ Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration Vote for passage: Botchway. Second Consideration _ Vote for passage: Date published 09/02/2014 that the AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, NAYS: None. ABSENT: Hayejcc. Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and St. Andrew Presbyterian Church (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and WHEREAS, Owner has requested the rezoning of said property from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS- 5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Camp Cardinal Road and the extension of water and sewer lines, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) 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 caused by the requested change; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and its requirements for adequate street access; and WHEREAS, Owner acknowledges the need to improve Camp Cardinal Road to provide street access to this property; and WHEREAS, Owner recognizes that the extension of water and sewer lines is necessary for the future development of surrounding properties; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. St. Andrew Presbyterian Church is the legal title holder of the property legally described as the following: ppdadm/agttconditional zoning agreement at andrew.docx 1 COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N1D02'35 "W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING N1D02'35 "W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88D43'06 "E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER; THENCE SOD05'11 "W 978.41' ALONG SAID W LINE TO THE SE CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N89D19'26 "W 1457.29' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW CORNER THEREOF; THENCE N9D31'39 "W 504.26' ALONG THE W LINE OF SAIDAUDITOR'S PARGEL2012062; THENCE S88D58'29 "W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING. 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 (2013) 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 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 other requirements of the zoning chapter, as well as the following conditions: a. Camp Cardinal Road will be reconstructed to City collector street standards. b. Water and sewer lines will be extended to the north and west property lines in locations acceptable by the City Engineer. c. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. d. Emergency vehicle access and extension of water lines to the construction site must be complete prior to the issuance of any building permit. e. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. ppdadm/agt/conditional zoning agreement st andrew.docx 2 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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 title to the land, and shall remain in full force and effect as a covenant with title to the 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. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other 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 the Applicant's expense. Dated this day of CITY 0F.I -Q.WA CITY .° ` ST. ANDREW PRESBYTERIAN CHURCH Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: / City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) By/ � A] o jTm"7 Is This instrument was acknowledged before me on , 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. ppdadrrVagUconditional zoning agreement st andrew.docx 3 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT: State of County of This record was acknowledged before me on �� :,j V ✓2e /1 ` (Date) by�D , r1 ��; a'� /'�.G�` (Name(s) of individual(s) as (type of authority, such as officer or trustee) of was executed). (name of party on behalf of whom record Notary Public in and for th tate of (owa (Stamp or Seal) 7v t 1 Title (and Rank) My commission expires:// ppdadnVagticonditional zoning agreement st andrew.docx 4 2fP1 Y61-111 Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and St�ndrew Presbyterian Church (hereinafter "Owner"). WHEREAS, Ownh- is the legal title holder of approximately 33 acres of property located north of Camp Car ' al Boulevard and east of Camp Cardinal Roa , and WHEREAS, Owner h s requested the rezon/and property from Interim Development Single Family Resl ential (ID -RS) to Low DFamily Residential (RS- 5); and WHEREAS, the Planning and ning Commission d that, with appropriate conditions regarding the improvement f Camp Cardinal extension of water and sewer lines, the requested zoning is con istent with the Co Plan; and WHEREAS, Iowa Code §414.5 (2 13) reasonable conditions on granting an ap icE regulations, in order to satisfy public needs d@L WHEREAS, Owner acknowledges tt to ensure the development of the property requirements for adequate street access; ar, K that the City of Iowa City may impose zoning request, over and above existing the requested change; and in conditions and restrictions are reasonable istent with the Comprehensive Plan and its WHEREAS, Owner acknowledg)A the ne d to improve Camp Cardinal Road to provide street access to this property; and WHEREAS, Owner recogni es that the extension of water and sewer lines is necessary for the future development of surr unding properties; and WHEREAS, Owner a ees to develop this property in accordance with the terms and conditions of a Conditional Z Wing Agreement. NOW, THEREFORE, in onsideration of the mutual promises contained herein, the parties agree as follows: 1. St. Andrew PXsbyterian Church is the legal title holder,of the property legally described as the followlna: ppdadm /agt/conditional zoning agreement st andrew.docx 1 COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N1D02'35 "W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NlD02'35 "W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCEL 2012062; t THENCE N88D43'06 "E 1562.51' ALONG THE NORTH LINE O/SAID DITOR'S PARCEL2012062 TO THE WEST LINE OF WALNUT RIDGE- ART 3 IOWA CITY, IOWA AED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, I A RECORDER; THENCE SOD05'11 "W 978.41' ALO G SAID W LINE TO THE R OF SAID AUDITOR'S PARCEL 2012062; THENCE N89D19'26 "W 1457.29' ALO %THE S LINE OF ID AUDITOR'S PARCEL 2012062 TO THE SW CORNER THEREOF; THENCE N9D31'39 "W 504.26' ALONG LINE 0/ SAID AUDITOR'S PARCEI2012062; THENCE S88D58'29 "W 12.18' ALONG SAID W NN) TO THE POINT OF BEGINNING. 2. Owner acknowledges that the City is s to ensure conformance to the principles of the Comprehensive Plan. Further, th parti s acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa ty may ' pose reasonable conditions on granting an applicant's rezoning request, ov r and abo a the existing regulations, in order to satisfy public needs caused by the re , ested Chan 3. In consideration of the City's rezoning th subject property, Owner agrees that development of the subjecX�'`property will confor to all other requirements of the zoning chapter, as well as the following conditions: a. Camp Cardinal Road will be reconstructed to CiV collector street standards. b. Water and sewer lines will be extended to t \untilll h and west property lines in locations acceptable by the City Engineer. c. Construction plans for Camp Cardinal Road anand sewer infrastructure must be approved by the City and under constructr to issuance of any building permit. d. Emergency. Vehicle access and extension of was to the construction site must be complete prior to the issuance of any building e. A final certificate of occupancy will not be issue II infrastructure improvements are complete and accepted by the City. 4. The Ow er and City acknowledge that the conditit ined herein are reasonable conditins to impose on the land under Iowa 41 .5 (2013), and that said conditions satisfy public needs that are caused by test , zoning change. ppdadm/agt/conditional zoning agreement st andrew.docx 2 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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 title to the land, and shall remain in full force and effect as a covenant with title to the 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 nd bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning>agr/other ment shall be construed to relieve the Owner or Applicant from complying with applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement all be incorporated by reference into the o dinance rezoning the subject property, a#d that upon adoption and publication of the or finance, this agreement shall be re co ed in the Johnson County Recorder's Office at t e Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY STATE OF IOWA JOHNSON COUNTY This instrument ACKM` LEDGEMENT: ss: acknowledged before me on 2014. ST. AVDREW PRESBYTERIAN CHURCH By: Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of ppdadm/agt/conditional zoning agreement at andrew.docx 3 2014 by Matthew J. City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ST. ANDREW PRESBYTERIAN C URCH ACKNOWLEDG ENT: State of County of This record was acknowledged before by (Na was executed). (Date) of in ' idual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record ry Public in and for the State of Iowa (S amp or Seal) Titl (and Rank) My ommission expires: ppdadm/agt/conditional zoning agreement st andrew.d= 4 To: Planning and Zoning Commission Item: REZ14 -00012 St. Andrew Presbyterian Church GENERAL INFORMATION: STAFF REPORT Prepared by: Kirk Lehmann, Planning Intern Date: August 7, 2014 Applicant: St. Andrew Presbyterian Church 1300 Melrose Avenue Iowa City, IA 52241 319- 338 -7523 Contact: Nick Bettis, P.E. Hall & Hall Engineers Inc. 1860 Boyson Road Hiawatha, IA 52233 319- 362 -9548 nick @halleng.com Requested Action: Rezoning from Interim Development Residential Single Family (ID -RS) to Low Density Single Family Residential (RS -5) Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning File Date: To build a church and allow for single family residential development North of Camp Cardinal Boulevard and east of Camp Cardinal Road 33.37 Acres Undeveloped and Agricultural (ID -RS) North: Undeveloped (ID -RS) South: Undeveloped /Right -of -Way (ID -RS) East: Residential (OPD /RR1) West: Undeveloped (IDRP) July 17, 2014 45 Day Limitation Period: August 31, 2014 2 BACKGROUND INFORMATION: The applicant, St. Andrew Presbyterian Church, has requested a rezoning of 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5). The purpose is to allow for the construction of a new church for St. Andrew and the potential construction of single family homes in the northwest corner of the property. There have also been discussions between St. Andrew Church representatives, the City, and the owner of the northern adjacent lot to coordinate the development of both properties. St. Andrew Church indicated that they used the `Good Neighbor Policy' and held a neighborhood meeting on July 30th, 2014. St. Andrew Church representatives have also considered rezoning the area along the northwest corner of their property to Medium Density Single Family Residential (RS -8) and the portion directly adjacent to Camp Cardinal Road as Low Density Multi - Family Residential (RM -12) for the purpose of constructing a retirement community. However, this would be a future development, and St. Andrew Church would have to go through a separate rezoning process to have this considered. ANALYSIS: Comprehensive Plan: The Comprehensive Plan future land use map indicates that the property is appropriate for low to medium density single family residential uses (2 to 8 dwelling units per acre) while noting the importance of a diversity of housing options. The proposed RS -5 zoning is in compliance with the Comprehensive Plan. The Comprehensive Plan also states that that new development should be designed to be compatible with surrounding land uses and to protect environmentally sensitive areas. Zoning: The current Interim Development Single Family Residential (ID -RS) zoning designation was established because there was not adequate street access or water and sanitary sewer service at the time it was zoned. With Camp Cardinal Boulevard completed, street access can be provided through Camp Cardinal Road. However, Camp Cardinal Road is a narrow, unimproved rural road without curbs, gutters, or sidewalks. As a condition of this rezoning, Camp Cardinal Road must be reconstructed at City collector street standards to provide adequate access to the proposed church and future residential areas. The proposed zone is Low Density Single Family Residential (RS -5). This zone's purpose is to provide housing opportunities for individual households that will create, maintain, and promote livable neighborhoods. The RS -5 zone requires a minimum lot size of 8,000 square feet and lot widths of 60 feet. Religious Institutions, such as churches, are permitted in RS -5 zones by special exception through the Board of Adjustment. Neighborhood Compatibility: The surrounding neighborhood is undeveloped to the north, west, and south, with a large -lot Rural Residential (RR -1) subdivision to the east (Walnut Ridge). It is staff's opinion that with adequate street access and a parking and landscaping plan to be reviewed by the Board of Adjustment as a part of the special exception application for the Church, the proposed church will be compatible with present residential uses. Environmentally Sensitive Areas: The property contains woodlands, a stream corridor, and protected slopes (more than 40 %) in the southern portion. There are also two shallow ravines that protrude into the property composed of steep (18% to 25 %) and critical (25% to 40 %) slopes, and the property potentially contains a wetland. However, staff has not yet received St. Andrew's Sensitive Areas inventory, nor has staff recieved a final site plan for the church. Depending on the outcome of the inventory and their final site plan, a Sensitive Areas 3 Development Plan (and Planned Development Overlay Rezoning) or a Sensitive Areas Site Plan may be required prior to construction. Traffic Implications: With the development of this area, traffic will increase on Camp Cardinal Road, especially during Sunday mornings and events such as weddings and funerals. Given the size of the proposed church, some 2,015 trips are estimated each Sunday. In addition, further residential development will require street access through Camp Cardinal Road due to steep ravines between Camp Cardinal Boulevard and the developable areas. The large volume of traffic necessitates the improvement of Camp Cardinal Road to City collector street standards, and beginning the improvement of Camp Cardinal Road prior to development should be a condition of rezoning. Infrastructure: Typically sewer and water lines are extended to edge of property in the subdivision process. However, St. Andrew Church may not need to subdivide their land to build their church. Because there is undeveloped land to the north and west which will need to tap into this infrastructure in the future, it is staff's recommendation that St. Andrew Church should begin extending water and sewer lines prior to the issuance of a building permit as a condition of the rezoning, similar to what would be required if a subdivision was being implemented. STAFF RECOMMENDATION: Staff recommends that REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5), be approved subject to a Conditional Zoning Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. ATTACHMENTS: 1. Location Map 2. Aerial Photograph Approved by: -7.,,4 John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services Wd bS :LO:Z bTOZ/ T£ /L'Bmp•g0- 6u]uOZ\ZVd \47d \DN3 \:S m rD El (D (f) 07 l< r-t CD -n. X m N 6 O ip PLANNING AND ZONING COMMISSION APPROVED AUGUST 7 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, John Thomas, Charlie Eastham, Ann Freerks, Paula Swygard, Phoebe Martin MEMBERS ABSENT: Jodie Theobald STAFF PRESENT: John Yapp, Kirk Lehmann, Sara Hektoen OTHERS PRESENT: Mary Gravitt (3714 Wayne Avenue #6), Nick Bettis (1860 Boyson Road, Hiawatha, IA), John Roffman (1314 Burry Drive) RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5), subject to the Conditional Zoning Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt asked if the property at College Street and Gilbert Street was rezoned. Yapp explained it was not. Gravitt asked if an application was submitted to rezone it. Yapp replied no application has been submitted. Rezoning Item REZ14 -00012 Discussion of an application submitted by St. Andrew Presbyterian Church for a rezoning of approximately 33.37 acres of property from the Interim Development Single Family Residential (ID -RS) zone to the Low Density Single Family Residential (RS -5) zone located at the east side of Camp Cardinal Road, north of Camp Cardinal Boulevard. Planning and Zoning Commission August 7, 2014 - Formal Page 2 of 6 Lehmann introduced the site by showing the location maps from an aerial view. He explained that the Walnut Ridge subdivision was to the east, Camp Cardinal Boulevard was to the south, and Camp Cardinal Road abutted the property to the west. Lehmann noted that the site is currently Interim Development because Camp Cardinal Road, the only street access to the site, is currently an unimproved rural road with no sidewalks, gutters, or pavement. He continued that environmentally sensitive features are on the site with woodlands, a stream corridor, and critical and protected slopes to the south and two ravines with steep slopes protruding into the center of the property. He added that wetlands may be present on the site, but that St. Andrew had not yet heard back from the Corps of Engineers. Lehmann noted that it is likely development would require a sensitive areas site plan or sensitive areas development plan which would require an OPD designation. Lehmann said that St. Andrew Presbyterian Church owns the land, so the purpose of the rezoning to Low Density Single Family Residential is to build a church. He noted that religious institutions are allowed as special exceptions in RS -5 zones, but that any specifics regarding the church, like lighting, parking, or landscaping, will be reviewed by the Board of Adjustment. Lehmann said St. Andrew had been in discussions with the property owner to the north about the possibility of an RS -8 zoning designation for the northwest corner of the property or senior housing adjacent to Camp Cardinal Road, but that this requires a future rezoning application. Lehmann said the Comprehensive Plan shows the area as low to moderate density single family residential uses (2 -8 units per acre), and that churches are allowed in single family residential zones. He added that the surrounding properties to the north, west, and south were undeveloped, but that the land to the east has been developed as a large -lot subdivision (Walnut Ridge). Staff believes RS -5 is compatible with the Comprehensive Plan and surrounding areas. Lehmann continued that some issues needed to be addressed before the site could be developed. He pointed out that Camp Cardinal Road needed to be improved for adequate street access to the church and future development. He also noted normally the subdivision process was when water and sewer lines are extended to adjacent property lines, but that in this case staff is recommending these infrastructure requirements as a condition of rezoning, as the Church may be constructed without a subdivision. He concluded that staff recommended making the reconstruction of Camp Cardinal Road to collector street standards and extending water and sewer lines to the north and west property lines should be conditions for the rezoning to allow future development in the adjacent properties. He added that this recommendation was revised and has been distributed to the Commission. He said that infrastructure improvements should be planned and construction underway before the issuance of building permits. He ended his presentation by showing additional pictures of the site. Freerks asked if all sites with wetlands and sensitive areas required an OPD. Yapp responded that if the development activity was nonintrusive enough, it was not necessarily required. He added that there is a difference between a Sensitive Areas Development Plan and a Sensitive Areas Site Plan, and the required plan depends upon the sensitive areas inventory in combination with the eventual development plan for the property. He concluded that there is a chance a Sensitive Areas Development Plan may come to the Commission. Freerks asked for the staff report to better reflect this. Yapp agreed. Eastham asked for clarification regarding drainage through the possible wetland. Yapp said that if it is a wetland, then it a mitigation strategy would need to be discussed with the applicant. He added that this may include drainage from the area, depending on the wetland delineation. Planning and Zoning Commission August 7, 2014 - Formal Page 3 of 6 Martin asked where the parking lot would be. Yapp replied the applicant brought a conceptual development plan of the church for when he speaks. Eastham asked about the rationale of rezoning the entire site to RS -5 when the immediate plan for a church only requires a small portion of the land. Hektoen noted that it is currently under common ownership and that the applicant chose not to do so. Eastham asked if it had to be rezoned RS -5 for the construction of the church. Hektoen said that is the application before the Commission. Freerks opened public discussion. Nick Bettis of Hall and Hall Engineers introduced himself as representing the owner. He showed the preliminary conceptual plan for the church. He noted that the presence of a wetland could alter the current layout; the church is planned for between the two ravines and parking is on the edges of the building. He added that there was discussion with the neighbor to the north of sharing road improvement costs and that the plan shows single family lots in the northwest corner but those are subject to change. Bettis also pointed out that trails were planned for the open space on the site's east side. He said they had a public meeting with neighbors and that their primary concern was parking lot lighting and the trail location. Eastham asked if stormwater management was determined. Bettis responded that they have preliminary stormwater basins at the bottom of the ravines. Freerks asked if they have to figure out stormwater before their special exception hearing. Bettis said they did, but that plans the Commission is seeing are all preliminary. Eastham asked if the trails would be public. Bettis said that current discussion wasn't that detailed other than that members wanted nature to be involved in their church. Yapp noted that these considerations are typically overseen by the Commission in the subdivision process, but this may not occur in this circumstance. He continued that if they build without subdividing, these issues would be addressed by the Board of Adjustment. Freerks asked if that included sensitive areas. Yapp said that it would. Freerks ask for clarification about whether the Board of Adjustment typically reviews these issues. Yapp noted that this situation was unusual, but that staff would require all these issues to be addressed. He added that if sensitive areas are being disturbed and an OPD was required, then it would return to the Commission. Dyer asked why the proposal was coming to the Commission in this preliminary stage. Yapp responded that the residential zoning needed to happen before a special exception application was made. Eastham asked if any other residential development is currently being considered for the east side of the site. Bettis responded that at this time, the church is keeping that as open space. Bettis finished by showing an architectural rendering of the church. John Roffman introduced himself as the Chair of the St. Andrew Building Committee, and said he wanted to address Eastham's question about the land to the east. He continued that secondary access to the east is difficult because of the sensitive areas and that members wanted their church's ministry to include nature as much as possible. He added that the church didn't think the revenue would have been sufficient to justify its development. Freerks closed public discussion. Thomas moved to recommend approval of REZ14- 00012, a request by St. Andrew's Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Interim Development Single Family Residential (ID- RS) to Low Density Single Family Residential (RS -5), subject to the Conditional Zoning Planning and Zoning Commission August 7, 2014 - Formal Page 4 of 6 Agreement requiring the reconstruction of Camp Cardinal Road to City collector street standards and the extension of water and sewer lines to the north and west property lines. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. All other site development code requirements including construction and emergency vehicle access to the construction site and extension of water lines to the site are required prior to issuance of any building permit. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. Martin seconded. Eastham said that he thinks it is a fine site for a church and that there will be plenty of vehicular access for the site, but that he wanted to make sure the sensitive areas codes are applied. He added that he is worried the area may be too big to rezone all at once when the church only needed a fraction of the site. Freerks said she thinks it is hard for a growing church to find enough land within the city, so she likes that they are trying to be good stewards of the land. She added that she sees no problem with rezoning the whole area because it will be utilized. Thomas said it seems like they are dealing with a procedural issue and that the site has many sensitive features. He expressed concerns that the church and parking may have a negative impact on the site's natural features. Martin liked that the church is paying attention to the land and that the view from the sanctuary church was considered important to the church. Eastham asked if there was a way to make the rezoning contingent on the ownership of the church so that if the land was sold to a developer, they would have to rezone it again. Yapp replied that zoning is tied to the land, not the owner. Hektoen agreed. Yapp added that there have been some discussions about residential development, but that any applications would be made in the future. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: July 17, 2014 Dyer moved to approve the minutes. Swygard seconded. A vote was taken and the motion carried 6 -0. OTHER Yapp clarified that one of the Board of Adjustment standards for special exception applications was that all City codes must be followed. He added that this is when a sensitive areas inventory would be made, and either a sensitive areas site plan, which is administrative, or sensitive areas development plan, which comes to the Commission, would be created. Yapp continued that Jesse Allen, the developer of the project discussed at the consultation with Council, has withdrawn that application for a planned development and has submitted a new single family application for the August 21St agenda. He noted that the consultation was an hour Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00012) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5). (REZ14- 00012) WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Ir4terim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5); an WHEREAS, the C prehensive Plan indicates that the area is appropriate for ow to medium density single family residential u es; and WHEREAS, the Plan 'ng and Zoning Commission has the reviewed then proposed rezoning and determined that it complies 'th the Comprehensive Plan provided that it meetsconditions addressing the need for the improvement of C p Cardinal Road and the extension of water and sewer lines; and WHEREAS, Iowa Code §4 .5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applica 's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the r uested change; and WHEREAS, the owner and applic it has agreed that the property stfall be developed in accordance with the terms and conditions of the Con 'tional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINE BY THE CITY COUNOiL OF THE CITY OF IOWA CITY, IOWA: r' SECTION I APPROVAL. Subject to the onditional Zoniclg Agreement attached hereto and incorporated herein, property described below is h by reclassifi96 from its current zoning designation of Interim Development Single Family Residential (ID -RS to Low DOsity Single Family Residential (RS -5): COMMENCING ATTHE NW CORNER OF THE SW FRACTI SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCI IOWA; / IN THENCE N1D02'35 "W 57.38' ALONG THE WEST LINI1 OF SAID BEGINNING; OF THE SW QUARTER OF IOWA CITY, JOHNSON COUNTY, THENCE CONTINUING NlD02'35 "W 429.25' rNG SAID W LINE TO THE PARCEL 2012062; QUARTER TO THE POINT OF CORNER OF AUDITOR'S THENCE N88D43'06 "E 1562.51' ALONG HE NORTH LINE OF SAID AUDITOR'S PARC�L2012062 TO THE WEST LINE OF WALNUT RIDGE -PART YIOWA CITY ' IOWA AS RECORDED IN BOOK 33 \RAGE 62 IN THE OFFICE OF THE LINN COUNTY, THENCE SOD05'11 "W 978.41' 2012062; THENCE N89D19'26 "W 1457.29 CORNER THEREOF; )W RECORDER; o e� X_ NG SAID W LINE TO THE SE CORNER OF SAID AUD PRCEL -- X`°'"" ' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 201 T12- JHESM THENCE N9D31'39 "W 504.26' ALONG THE W LINE OF SAID AUDITOR'S PARCEL2012062; 77, THENCE S88D58'29 "W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING. Ordinance No. Page 2 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 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 onflict.with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the rdinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity f the Ordinance as a whole or any section, provision or`R}�art thereof not adjudged invalid or unconstitutionay.' cG( T1nhl Vii FYFFCTIVE DATE. This Ordinance shall be in effect after its final passage, approva' and publication, as provhqed by law. Passed and approve this day of 2014. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office �rni E Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, I a, a municipal corporation (hereinafter "City ") and St. Andrew Presbyterian Church "Owner" WHEREAS, Owner is the legal title holder of appro ' ately 33.37 acres of property located north of Camp Cardinal Boulevard and east of Campl ardinal Road; and \thereque e Owner has requested the rezoning of said property from Interim Develoamily Residential (ID -RS) to Low Dd6sity Single Family Residential (RS- 5); and Planning and Zoning CommissipQ�`n has determined that, with appropriate conditihe improvement of Camp Cardyfial Road and the extension of water and sewer s d zoning is consistent with tie Comprehensive Plan; a nd WHEREAS, Iowa C e §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on gra ng an applicant' rezoning request, over and above existing regulations, in order to satisfy pu c needs caus d by the requested change; and WHEREAS, the Owner acknb+ reasonable to ensure the development Plan and its requirements for adequate that certain conditions and restrictions are property is consistent with the Comprehensive :cess: and WHEREAS, the Owner acknowl dges 6a need to improve Camp Cardinal Road to provide street access to this property; a ` WHEREAS, the Owner rec nizes that the ext sion of water and sewer lines is necessary for the future developme t of surrounding propert and WHEREAS, the Owner a rees to develop this property in 4Ccordance with the terms and conditions of a Conditional Zon' g Agreement. NOW, THEREFORE, in co sideration of the mutual promises contal ed herein, the parties agree as follows: 1. St. Andrew Pres terian Church is the legal title holder of the property legally described as the following, -�C .10 t t andrew.docx ppdadm /agt/conditional zoning agreemen s 1 COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER • SECTION 7, TOWNSHIP • N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COLIN IOWA; I THENCE NlD02'35"W 57. AR' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING N1D02 5"W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88D43'06"E 1562.51' A ONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2Q12062 TO THE WEST LINE OF WALNUT RIDGE -PAT 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, IOW RECORDER; THENCE SOD05'11"W 978.41' ALONG ID W LINE TO THE SE CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N89D19'26"W 1457.29' ALONG E S LINE OF SAID AUDITOR'S PARCEL 201 ,62 T01HE SW C= =0 'n CORNER THEREOF; THENCE N9D31'39"W 504.26' ALONG THE INE OF SAID AUDITOR'S�ARCEI-20120 rn THENCE S881)58'29"W 12.18' ALONG SAID W L E To THE POINT ot BEGINNING. 17-7 2. The Owner acknowledges that the Cit wishes t ensure conformance to th-Cprinciples of the Comprehensive Plan. Further, t e parti acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa Cit mayr mpose reasonable conditions on granting an applicant's rezoning request, over a ,above the existing regulations, in order to satisfy public needs caused by the reque d change. 3. In consideration of the City's rez i1nc � t e subject property, Owner agrees that development of the subject onf all other requirements of the zoning 10 �ropert will m to wl chapter, as well as the following riditions: a. Camp Cardinal Road will b econstructed to ity collector street standards. b. Water and sewer lines ill be extended to he north and west property lines in locations acceptable by e City Engineer. c. Construction plans for amp Cardinal Road an water and sewer infrastructure must be approved by the ity and under constructio prior to issuance of any building permit. d. All site developme t requirements including emerg ncy vehicle access and extension of water lines to e construction site are required pr i r to the issuance of any building permit. e. A final certific e of occupancy will not be issued until all infrastructure improvements are complet and accepted by the City. 4, The Owner d City acknowledge that the conditions contained herein are reasonable conditions impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. ppdadmiagticonditional zoning agreement st andrew.docx 2 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenan running with the land and with title to the land, and shall remain in full force and effect a covenant with title to the land, unless or until released of record by the City of Iowa 'ty. II ' to th benefit of and bind The parties furth acknowledge that this agreement sha inure all successors, re esentatives, and assigns of the parties. 7. The Owner acknowle ges that nothing in this Conditional Zo/ith Agreement shall be construed to relieve th Owner or Applicant from complying all ot her applicable local, state, and federal r ulations. 8. The parties agree that this Conditional Zoning Agreement'f shall be incorporated by reference into the ordinance r zoning the subject property, and that upon adoption and publication of the ordinance, th' agreement shall be recorded in the Johnson County Recorder's Office at the Applican expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor 2014. ST. ANDREW PRESBYTERIAN CHURCH Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOW DGEMENT: STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. ppdadm /agt/conditional zoning agreement st andrew.docx 3 Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT: State of County of This record was acknowledge efore me on Z(Date) by (Name(s) of individual(s) s (type of r thority, such as officer or trustee) of (nnmP/nf party on behalf of whom record r the State of Iowa p or Seal) Rank) y comNssion expires: ppdadm /agt/condilional zoning agreement st andrew.docx 4