IOWA CITY — The Johnson County Board of Adjustment approved a conditional use permit allowing Jordan Creek Church to move forward with their plans to build a church just west of the current Solon city limits. The Board gave their approval following a public hearing on the church’s request during their regular meeting Wednesday, July 23.

The church currently meets in the Solon Community Center (former middle/high school), owned by the Solon Community School District (SCSD) and leased to the City of Solon. The SCSD has stated the building will be demolished (as one of several projects included in the 2023 bond issue) in the spring of 2027. On April 9 of this year the church filed an application for a conditional use permit with the County Planning, Development, and Sustainability (PDS) Department for a parcel of land located south of Hwy. 382 and across from 4164 Hwy. 382 NE, owned by Robert Upmeyer. On May 1 the church closed a real estate transaction purchasing the triangular 11.23-acre plot with Hwy. 382 on the north and the Hoover Trail running diagonally along the west. A site plan shows a phased development of the site with an estimate of five full-time staff during the normal work week, 175-250 parishioners on site during Sunday worship, and 130 parking spaces with land available for additional parking later. The permit request also noted the church would rely on a private well and would handle their own wastewater.

In a memo to the Board of Adjustment dated July 23 Joseph Wilensky, a planer with PDS, stated though the site is zoned A-Agricultural churches are listed as a conditionally permitted use under the County’s Unified Development Ordinance (UDO), subject to approval from the Board of Adjustment.

“Staff believe that a Church serving the community is in accordance with the character of the area and is similar to many Churches in the county located near residential and agricultural property,” Wilensky wrote. He acknowledged concerns raised by the City of Solon, and the City’s recommendation to the Board of Adjustment to deny the conditional use permit or approve with a number of conditions the City deems necessary in the name of ordered development with an eye toward future annexation.

However, Wilensky stated PDS staff recommend approval with two conditions – 1, that the church seek the Board of Supervisors’ approval of a site plan prior to beginning work on the site, and 2, that the church complete a traffic impact letter or study in coordination with the Johnson County Secondary Roads Department (for any potential turn lanes or other considerations regarding the church’s access to Hwy. 382) prior to any work on site.

As the public hearing began board member Adam Hahn recused himself from the discussion and ensuing vote citing a conflict of interest based on his relationships with the City and church.

Paul Desmond with Form Function Studio, the project’s architecture and design firm, told the Board the church had two routes they could follow – work with the City of Solon and have the property annexed, or staying with Johnson County and pursuing the conditional use permit. Annexing, he said, was the first choice.

“We want to be great partners unto the city they (the church) are serving, (and) where a majority of their congregants live,” Desmond said noting the City’s expectations for water and sewer posed a financial hardship for the church. “For complete transparency, we’re looking at a $3.5-4-million budget. Through our studies with our selected GC (general contractor) the compliance of bringing utilities to the site to meet City compliance requirements for annexation is roughly between $1.2 and $1.8 million. So, almost 50% of our budget would be totally anchored to utilities.”

Desmond said through meetings with PDS Director Josh Bussard and his staff, it was determined pursuing a conditional use permit was not only feasible but would allow Jordan Creek Church to have a new home within the timeline imposed by the impending demolition.

“The CUP (conditional use permit) was the clear path of least resistance,” said Desmond. “And while we are looking forward to being able to have an annexation opportunity when the land between us gets developed, we feel this is the best for the client and it minimizes any financial burden for the City and the church.”

Desmond acknowledged the City’s desire for the church to be ready for connection to city utilities.

“We are completely open to that,” said Desmond.

Aaron Kampman, an Elder with the church, told the Board, “This is something we have to do.

The Board heard three public comments in support of approving the conditional use permit.

Solon City Engineer Dave Schechinger, with Veenstra & Kimm, spoke in opposition to the approval but emphasized the City is not opposed to the church.

“The City has continued to work with the applicant with ongoing discussions as recent as this week, and agrees that the church will be an asset to the community,” Schechinger said. “The City wishes to convey to the Board that the need to continue to manage growth and development adjacent to city boundaries is critical. Typically you will see that orderly development will distribute development costs over affected properties with utilities, streets, and amenities installed,” he said.

The proposed church, said Schechinger, is an out-of-order site without infrastructure that will result in the overall development cost being shifted to the remaining 11 acres (between the church site and the current city limits).

“The concern that the City has with this is that if the church is built out there and not included in the overall development of this parcel, that this out-of-order development puts the responsibility for all utilities and infrastructure on the remaining lots, likely making it not cost effective to develop,” Schechinger said.

Factoring one acre for a street, the remain ten acres, with 40 quarter-acre lots, would generate approximately $8,000/year per lot in taxation, said Schechinger.

“That’s a pretty significant financial impact,” he said. “Again, the City is not opposed to the church, the City is just requesting that the ability to maintain the management of orderly growth be kept with the City, (and) that if approved that the items recommended by staff be provided and that the City have review rights, and also application of our Municipal Improvements Agreement that would’ve been required if it was developed orderly.”

City Attorney Kevin Olson reminded the Board that if the church was being built in Solon they would have to abide by all City requirements including water, sewer, curb, gutter, and stormwater management. He clarified the City’s Municipal Improvements Agreement, as applied to recent housing developments including Oak Meadow and Spartan Hollow, does not require the church to put in infrastructure to city standards upfront.

“What we’re saying is if you put it in this way (well and septic system) and it ever annexes into the city limits, that the city council at the time would have the option to make them bring their subdivision up to city standards when it annexes,” said Olson. “And they would pay the cost of bringing it up to city standards. It would not be the existing taxpayers of the City of Solon. We have a responsibility to the city to be good stewards of the residents’ tax money. We are asking (as a condition of approval) that they enter into this Municipal Improvements Agreement.”

Olson clarified for a board member that this agreement would only apply if the church site were to be annexed.

“If they never annex, this agreement never happened,” Olson said.

Mayor Dan O’Neil reiterated the City is supportive of the project but also noted the City’s concerns.

“I think the concept is a great concept. I am standing here tonight as I have an obligation as an elected official of Solon to look out for our taxpayers and not create unnecessary financial burdens for our residents and taxpayers. We understand their pain (in losing the Community Center), we’re in a similar boat. If the church is not annexed there wouldn’t be any additional cost. We have stated that we are onboard with them putting in a well or septic system now knowing the expenses construction has. Our ask is that if this moves forward that we have the requirement of the Municipal Improvement Agreement as well as a formal site plan and a formal traffic study to ensure that this comes up to city standards but not at the expense of the City.”

O’Neil added the City worked with Johnson County for over a year to update the 2-Mile Fringe Area Agreement, “to help prevent situations just like this.”

“We want to ensure that we have orderly growth and that we want to ensure that we continue to have mindful growth and planning as our community continues to grow,” said O’Neil.

Resolution 25-26 passed 5-0 by the City Council to deny the application because of the financial burden that would be passed onto the taxpayers, O’Neil said. “We need to be sure development is paying for itself.”

The Board voted 4-0, to approve the Conditional Use Permit with Board of Supervisors approval of a formal site plan compliant with the requirements of the UDO and a traffic study.