Item Coversheet

Council Communication

Department: City Clerk
Case/Project No.: ZC-18-004
Submitted by: Chris MeeksĀ 
Ordinance 6323Council Action: 4/23/2018
Description

Ordinance to amend the zoning map as adopted by reference in Section 15.02.070, by rezoning approximately 10.743 acres of land with complete legal description in Council packet, from a combination of R-3/Low-Density Multifamily Residential and C-1/Commercial District to R-1/Single-Family Residential District as defined in Chapter 15.08b  Location:  North of the Hills of Cedar Creek subdivision.  ZC-18-004.
Background/Discussion

The Community Development Department has received an application from HCC Investments, LLC, represented by William A. White, Jr. of Ehrhart Griffin and Associates, to rezone the property legally described as a portion of the Southwest Quarter of the Southeast Quarter, a portion of the Northeast Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, Section 34, Township 75 North, Range 43 West, Pottawattamie County, Iowa, from a combination of R-3/Low-Density Multifamily Residential and C-1/Commercial District to R-1/Single Family Residential District.  The property is comprised of 10.743 acres or currently undeveloped land.  The rezoning of this property is requested to facilitate the future subdivision platting processes for the land, which will be a future phase of the Hills of Cedar Creek Subdivision.

 

Land Use and Zoning

Surrounding zoning includes primarily R-1/Single Family Residential to the South, East, and West.  There is also area zoned C-1/Commercial District to the North, and R-3/Low-Density Multifamily Residential to the North and South.  Existing land uses in the general vicinity of this request are residential to the South and West, and agricultural to the North and East.

 

The future land use plan of the Bluffs Tomorrow 2030 (Comprehensive Plan) designates the subject property as Low-Density Residential.

 

Public notices were mailed to all property owners within 200 feet of the request.  No comments were received for the request.

 

All City Departments and local utilities were notified of the proposed rezoning.  The Council Bluffs Public Works Department and Council Bluffs Water Works had no objections to the rezoning request.  MidAmerican Energy stated they have no objections, but indicated there has been no agreement to extend electric distribution facilities to the area at this time.

 

The following attachments are included with the case staff report:

  • Attachment A:  Location/zoning map
  • Attachment B:  Applicant’s Submitted Site Plan
  • Attachment C:  Site Photos

 

Discussion

1.  If approved, the subject properties will be zoned in the same district as properties located in the area.

2.  The proposed rezoning will be consistent with the Bluffs Tomorrow 2030: Land Use Plan.

3.  Adequate utilities (e.g., water, sanitary sewer, electric, etc.) are available to accommodate commercial use(s) on the subject property.

4.  The applicant will be required to satisfy preliminary and final plat requirements prior to any construction activities on the property.

Recommendation

The Community Development Department recommends approval of the request to rezone property legally described as a portion of the Southwest Quarter of the Southeast Quarter, a portion of the Northeast Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, Section 34, Township 75 North, Range 43 West, Pottawattamie County, Iowa from a combination of R-3/Low-Density Multifamily Residential and C-1/Commercial District to R-1/Single Family Residential District., based on reasons stated above.

 

Public Hearing

Speakers in favor:

1.  Terry Morrison, 19402 Ruggles Circle, Omaha, NE  68022

 

Speakers against:  None

 

General Inquiry:

1.  Robert and Kathy Gutshall, 5402 Greenview Road, Council Bluffs, IA  51503

 

Planning Commission Recommendation

The Planning Commission recommends approval of the request to rezone property legally described as a portion of the Southwest Quarter of the Southeast Quarter, a portion of the Northeast Quarter of the Southeast Quarter, and a portion of the Southeast Quarter of the Southeast Quarter, Section 34, Township 75 North, Range 43 West, Pottawattamie County, Iowa from a combination of R-3/Low-Density Multifamily Residential and C-1/Commercial District to R-1/Single Family Residential District., based on reasons stated above.

 

VOTE:  AYE   6      NAY   0      ABSTAIN   1    ABSENT   4     Motion:  Carried

ATTACHMENTS:
DescriptionTypeUpload Date
ZC-18-004 HCC Investments, LLC PH Notice (3-26-18) CCResolution3/16/2018
ZC-18-004 HCC Investments, LLC Attach A, B and C (3-26-18) CCResolution3/16/2018
Ordinance 6323Ordinance3/19/2018