Resolution WHEREAS, The church is proposing to expand to the east, and

Transcription

1 Resolution A Resolution Approving a Special Provisional Use for Vineyard Community Church of Waverly for Property Located 319 West Bremer Avenue. WHEREAS, Vineyard Community Church has requested the special provisional use for the expansion of their current facility at 319 West Bremer Avenue, and WHEREAS, The zoning of the property is C-3 (Commercial Central Business District) and the Comprehensive Land Use Map designates this area as Commercial, and WHEREAS, The church is proposing to expand to the east, and WHEREAS, Approval of the current location was granted by the City in December of 2004, and WHEREAS, the Planning and Zoning Commission unanimously recommended approval of the special provisional use after the public hearing at their September 4, 2008 meeting. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAVERLY that the special provisional use Vineyard Community Church of Waverly for Property Located 319 West Bremer Avenue is hereby approved. PASSED AND ADOPTED this 15 th day of September, Ivan J. Ackerman, Mayor ATTEST: Richard J. Crayne, City Administrator

2 TO: Mayor and City Council FROM: Zoning Department BY: Ben Kohout MEETING: September 15, 2008, Regular Session PREPARED: September 10, 2008 Vineyard Community Church of Waverly Special Provisional Use Approval for the Property at 319 West Bremer Avenue Summary: Vineyard Community Church has requested the special provisional use for the expansion of their current facility at 319 West Bremer Avenue. The zoning of the property is C-3 (Commercial Central Business District) and the Comprehensive Land Use Map designates this area as Commercial. The Church is proposing to expand to the east. Approval of the current location was granted by the City in December of In October of 2007, this similar request was voluntarily removed by the applicants from the Commission's review at the time of public hearing. The Planning and Zoning Commission unanimously recommended approval of the special provisional use at their public hearing on September 4, Attachments: Request Letter, Letter of Intent, Surrounding Property Owner List, General Location Map. Important Dates: August 7, 2008 Planning & Zoning Commission review and set public hearing. September 4, 2008 P & Z held public hearing and gave recommendation. September 15, 2008 City Council approval. Requested Action: Approve the special provisional use request. Q:\City Council\staff summary - Vineyard Church Spec. Prov. Use for expansion doc

3 July 14, 2008 Planning & Zoning Commission City of Waverly st Street NE Dear Commission Members: I am writing on behalf of the Vineyard Community Church. As you know, our current facility at 319 W. Bremer is located next to the building currently used by the Waverly Newspapers at 311 W. Bremer Ave. The newspapers' owners are interested in selling the 22' width of building space located adjacent to our current building. As in the past, we are in need of more space for children's ministry and would like to seek your approval for special provisional use of this property. Over the past 2 years we have been forced to hold children's activities in member's homes and at an elementary school. The acquisition of this property would allow us to have everything under "one roof' as well as allow the Waverly newspapers to continue to have an accessible downtown location within a space more suited to their needs. Your attention to this request is most appreciated. I will wait to hear from you concerning any further information you might need. Sincerely, Bill Carpenter, Pastor Vineyard Community Church 319 W. Bremer Ave

4 LETTER OF INTENT July 11, 2008 Sent by Fax TO: Cass County Publishing Co. Attn: Deb Weigel 25 l st St. S.E. P. 0. Box 511 Oelwein, IA Dear Ms. Weigel: On behalf of Vineyard Community Church (VCC), 319 W. Bremer Ave.,, the undersigned does hereby submit a letter of intent to purchase from Cass County Publishing Co. (CCP), 805 S. Logan, P. 0. Box 10, West Frankfort, IL 62896, the following described in Waverly, Bremer County, Iowa, to-wit: The West twenty-two feet (W 22') of the following-described property: The West one-third (W 1/3) of Lot Two (2) and the East one-third (E 1/3) of Lot Three (3); and the West half (W 1/2) of the East Two-thirds (E 2/3) of Lot Three (3) all in Block Seven (7), Wm. Sturdevant's Addition to Waverly, Iowa The principal terms and conditions of the acquisition will include the following: 1. The purchase price of the real estate will be $52, in cash, payable at closing, which closing would occur on or before October 1, 2008; 2. The purchase will be subject to the following contingencies: a) The City of Waverly will grant to VCC a special provisional use penuit which would enable it to use the real estate as part of its operations at 319 W. Bremer Ave., Waverly, Iowa; CCP will close, at its expense, any of the openings and/or connections to the real estate and segregate the real estate mechanically from the remainder of the property it will retain. It will also take any actions necessary at the City and County level to convey the real estate to VCC. CCP and VCC will enter into a party wall, roof and front facade agreement that will be acceptable to both parties.

5 Community Media Group July 11, Page Two d) VCC will cleanup any remaining flood debris in the real estate at its expense. The parties will execute a Purchase Agreement to consummate this transaction. 3. CCP acknowledges that VCC will spend considerable time, effort and money in connection with the acquisition of this real estate. Accordingly, and to induce VCC to proceed with its investigation in working toward the definitive document, CCP agrees that until the closing date: a) Effective immediately upon the execution of this Letter of Intent, it will cease any pending negotiations or discussions for the sale of the real estate to any other person. CCP will not cause or permit any of its representatives or agents to contract, negotiate or discuss with, or solicit any offer from any third party regarding the sale of the real estate. This Letter of Intent does not purport to cover all matters which will be addressed in the definitive agreement. However, the parties agree that this letter generally summarizes the basic terms of the acquisition of the real estate and will serve as a mutual declaration of good faith intent to proceed with acquisition and preparation of the definitive agreement (Purchase Agreement). Sincerely, Kent E. Prescott, Pastor of Community Life and VCC Council Representative

6 Vineyard Church Special Provisional Use Property Owner List Gade's Appliance, Inc. 223 West Bremer Avenue Woltz Physical Therapy 413 West Bremer Avenue State Farm Insurance 301 West Bremer Avenue Duane Hess 307 West Bremer. Avenue Financial Architects 416 West Bremer Avenue Mitchell Insurance Agency 416 West Bremer Avenue Iowa Realty 309 West Bremer Avenue Fareway Stores 222 West Bremer Avenue Waverly Newspapers PO Box 858 William Schrage 200 3rd Street SW William Waggett st Avenue SW David & Linda Schrock th Street Janesville, IA Bremer Co. Historical Society 400 West Bremer Avenue Dell's Diner 404 West Bremer Avenue Keith Schuldt PO Box 28 J & K Properties PO Box 28 Waverly-Shell Rock United Way 406 West Bremer Avenue PO Box 271 American Family Insurance Kristi Demuth 408 West Bremer Avenue Serenity Massage 408 West Bremer Avenue Jimmy Smith 2428 Grand Avenue Cheryl DeBower st Avenue SW Wayland Gade 709 3rd Street SW Vineyard Community Church 319 West Bremer Avenue Farmers Insurance Group 221 West Bremer Avenue Aaron Forest st Avenue SW Gary Debower 3091 St Avenue SW Waverly Investments LLC do Jim Benda 4501 Prairie Pkwy. Cedar Falls, IA 50613

7 Dean's Light Box Principal Financial Group Tews & Young 217 West Bremer Avenue 217 West Bremer Avenue 958 Palau Parkway Rockford, IL Darrel Wiltse st Avenue NW Timothy Kuethe 204 4th Street SW Dale's Service 119 4th Street SW Hobson's Dairy Queen th Street NW Judith Stevenson 201 4th Street SW Steve Negen 409 West Bremer Avenue KLFoIk Holdings LLC 187 Dakota Avenue

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9 noname 1:3209 8/31/2007 Printed with the TatukGIS Viewer.