Ordinance to amend the Zoning Map as adopted by reference in Section 15.02.070, by rezoning the South 135 feet of Lot 5, J.W. Squire’s Subdivision of the West 216 feet of Outlot 5, Jackson’s Addition from R-1/Single-Family Residential District to A-P/Administrative-Professional District as defined in Chapter 15.13.  Location:  526 South 3rd Street.  ZC-18-006

The Community Development Department has received an application from Kate Cross to rezone property legally described above from R-1/Single-Family Residential District to A-P/Administrative Professional District.  The purpose of this request is to allow the applicant to use the subject property as their residence and as a professional psychotherapist office with other practicing therapists.  A letter of intent along with professional qualifications from the applicant are included with this report as Attachment ‘A’.

Land Use and Zoning

The subject property is zoned R-1/Single-Family Residential District and is being used as a single-family residential dwelling.  Surrounding zoning includes R-1/Single-Family Residential District to the north, south and west along with R-2/Two-Family Residential District to the east (see Attachment B).  Existing land uses in the general vicinity of this request includes a place of religious assembly (Meeting Rooms Inc.,) to the north; two single-family residential dwellings to the west; a parking lot and two single-family residential dwellings to the south; along with the Greenville Place Townhomes and the Historic Grenville M. Dodge House to the east.

The subject property is located within the Gibraltar Neighborhood Association as well as the Willow/Bluff/3^rd Street Historic District, which is listed on the National Register of Historic Places List.  The subject property is not a designated local historic landmark and is not located within a locally designated historic district.  Exterior modifications to the building and subject property do not require approval by the Council Bluffs Historic Preservation Commission.

The future land use plan of the Bluffs Tomorrow 2030 (Comprehensive Plan) designates the subject property as Low Density Residential.  The proposed A-P/Administrative Professional District is not consistent with the future land use plan of the Bluffs Tomorrow 2030 (Comprehensive Plan).

The following exhibit shows the subject property and surrounding area:

Exhibit A:  Aerial view of the subject property and surrounding area facing west (please see attached Exhibit A).

Public notices were mailed to all property owners within 200 feet of the rezoning request.  The following responses were received:

• Norma Jean Morford, 20 Grenville Court, Council Bluffs, IA, stated she is opposed to the rezoning, as the property is located within the Gibraltar Neighborhood Association whose purpose is to maintain the historic residences and look of the area.  Ms. Morford further stated that she believes the property should remain as residential as the neighborhood already has a lot of traffic and people parking on the street.
•  Christine Melton, 2 Grenville Court, Council Bluffs, IA stated she is opposed to the rezoning request as the property is located in a residential area and should remain as a residential property, not a business.
• Mary Claussen, 22 Grenville Court, Council Bluffs, IA stated she is opposed to the rezoning request due to traffic concerns associated with the proposed therapy office.
• Mike Taylor, 12 Grenville Court, Council Bluffs, IA stated he is opposed to the rezoning due to traffic concerns associated with the proposed therapy office.
• Nancy and Terry Mulvania, 24 Grenville Court, Council Bluffs, IA stated they are opposed to the rezoning.  Their neighborhood is located within a historic district and they want the area to remain totally residential.  They are opposed to allowing any businesses to operate in the neighborhood and do not want to see additional cars parked along South 3^rd Street where it could make pulling out onto South 3^rd Street unsafe.  They claim traffic and parking is already problem in their neighborhood any time the Historic Dodge House hosts an event.
• Rita M. and John L. Doidge, 8 Grenville Court, Council Bluffs, IA stated they are opposed to the rezoning request.  An email dated March 29, 2018 and addressed to the City Planning Commission explains their opposition and is included with this report as Attachment C.

All City Departments and local utilities were notified of the proposed rezoning.  No adverse comments were received for this request as of the date of this report.

Discussion

1.  The subject property was included in two neighborhood-led efforts to “down-zone” properties located in the Historic Bluffs/Willow/3^rd Street District in 2002 and 2004.  The first effort rezoned the subject property from R-3/Low Density Multi-Family Residential District to R-2/Two Family Residential District (see Case #ZC-02-015, Ordinance No. 5737).  The second effort rezoned the subject property from R-2/Two Family Residential District to R-1/Single-Family Residential District (see Case #ZC-04-005, Ordinance No. 5800).  The intended results of both requests were to reduce blight and vandalism by eliminating the multi-family dwellings, boarding, lodging and rooming houses.  The Community Development Department recommended approval of the first rezoning request and denial of the second request.  Both rezoning requests have helped revitalize the neighborhood through an increased number of single-family residential dwellings and a decrease in multi-family dwellings.

2.  Per Chapter 15.08B.010, R-1/Single-Family Residential District of the Municipal Code (Zoning Ordinance” the R-1 District is “intended for low to moderate density residential neighborhoods characterized by single-family structures with supporting community facilities”.  The applicant is utilizing the subject property as a single-family residential dwelling, which is a permitted use in the R-1 District.  The applicant has the ability to use a portion of the dwelling for her own therapy business but may not employ any individuals other than residents of the dwelling, as per requirements stated in Chapter 15.24.030, Home Occupation of the Municipal Code (Zoning Ordinance).  The Community Development Department is of the opinion that the subject property is zoned appropriately to meet the residential and office needs of the applicant only.

3.  Per Chapter 15.08B.010, A-P/Administrative-Professional District of the Municipal Code (Zoning Ordinance) the A-P District is “intended and designed to provide, in certain areas of the city, for the development of professional and low-intensity business offices and uses in areas where residential dwellings exists”.  The Municipal Code (Zoning Ordinance) allows a wide-variety of land uses in the A-P District including, but not limited to, professional offices, parking lots, boarding/lodging/rooming house/bed and breakfast, residential dwellings (single, two-family and multi-family), schools and places of religious assembly.  The subject property is located within an established residential neighborhood and is surrounded by residential zoning.  Approval of the request would allow the applicant and/or future property owner(s) to convert the subject property into a different land use that may not be compatible with the character of the surrounding residential area.

The Community Development Department recommends denial of the request to rezone property at 526 South 3^rd Street, legally described as being the South 135 feet of Lot 5, J.W. Squire’s Subdivision of the west 216 feet of Outlot 5, Jackson’s Addition from R-1/Single Family Residential District to A-P/ Administrative-Professional District, based on reasons stated above.

Public Hearing

Speakers in favor:

1. Kate Cross, 526 South 3^rd Street, Council Bluffs, IA  51503

2.  Carolyn Anderson Burgher, 508 South Main, Council Bluffs, IA  51503
3.  John Burgher, 16 Locust Lodge Avenue, Council Bluffs, IA  51503

Speakers against:

1.  Rita and John Dodge, 8 Grenville Court, Council Bluffs, IA  51503

2.  Kathy Bess Walters Jill, 220 5^th Avenue, Council Bluffs, IA  51503

The Planning Commission recommends denial of the request to rezone property at 526 South 3^rd Street, legally described as being the South 135 feet of Lot 5, J.W. Squire’s Subdivision of the west 216 feet of Outlot 5, Jackson’s Addition from R-1/Single Family Residential District to A-P/ Administrative-Professional District, based on reasons stated above.