Resolution granting preliminary plan approval for 46-lot residential subdivision to be known as Hills of Cedar Creek Central, legally described as being a part of the SE1/4 of Section 34-75-43.  Location:  Extension of Ardmore Drive and Eastern Hills Drive. North of the existing Hills of Cedar Creek subdivisions.  SUB-18-005

The Community Development Department has received an application from HCC Investments, LLC requesting preliminary plan approval for a 46-lot (and seven outlot) residential subdivision to be known as Hills of Cedar Creek Central, legally described as being a part of the SE1/4 of Section 34-75-43, City of Council Bluffs, Pottawattamie County, Iowa.  The proposed subdivision is comprised of 27.8724 acres of land (more or less) and will be accessed by an extensions of Eastern Hills Drive and Ardmore Drive.  The proposed subdivision is identified in two phases.  Two of the platted Outlots will be used for permanent drainage, with a third outlot being necessary for the earthwork.  The grading outlot will be re-platted and converted to right-of-way and additional lots in the future.

Current Zoning/Land Use – The subject acreage and all abutting property to the south is zoned R-1/Single-Family Residential District.  There is property to the north that is zoned C-1 Commercial and R-3: Low Density Multi-Family Residential District.  Property located to the east is zoned A-2/Parks, Estates and Agricultural District.  The property located south is primarily platted subdivisions that comprise the Hills of Cedar Creek.  The future land use plan of the Bluffs Tomorrow:  2030 Plan (comprehensive plan) designates the subject property as Low-Density Residential to High-Density Residential.  The proposed subdivision is generally consistent with the Bluffs Tomorrow:  2030 Plan.

For reference purposes, the following attachments for the proposed subdivision are included with this report:

• Attachment A:  Location and Zoning Map
• Attachment B:  Letter of intent prepared Ehrhart Griffin & Associates
• Attachment C:  Preliminary subdivision plan
• Attachment D:  Taggart Circle Community Letter
• Attachment E:  Site Photos as submitted by Kathy Rieken Gutshall

Comments

1.  Approval of the preliminary plan is tentative and does not constitute acceptance of the final plat, ‘but is deemed to be an authorization to proceed with the preparation of the final construction plans or performance guarantee and the final plat’ (§14.11.060.04-Subdivision Ordinance).  A final plat application for the first phase must be filed within one year of the date of action by the City Council.  A request for extension may be made by the sub-divider in writing prior to the expiration date.  One year extensions are considered by the City Planning Commission.  Subsequent phases are automatically granted a one year extension.

2.  The proposed subdivision is comprised of 46 single family lots. Each lot appears to meet the minimum lot size requirements for the R-1 District.

3.  Each lot excluding lots 8, 9, 10, 36, 37, 38, and 39 appear to meet the minimum R-1 District lot frontage requirements. The lots that do not appear to meet the required frontage are located on cul-de-sacs.

4.  The subdivision is located in Flood Zone ‘X’ and does not contain any floodplain.

5.  A Preliminary Drainage Analysis has been provided by the applicant. The Council Bluffs Public Works Department will require the engineer to provide a completed drainage study for the subdivision.

6.  A traffic study is not required, as the subdivision is consistent with the original development plan for the area.

7.  Temporary hammer head turn-arounds are required western end of Ardmore Drive, the southern ends of Hampton Drive and Quenby Drive, and the eastern end of Morrison Drive.  The geometric design of the turn-around will exceed the width of the proposed right-of-way and will require a temporary easement.  The portion of the hammer head that extends beyond the right-of-way will not be dedicated to the City.  The easement is to be automatically released at the time of additional street improvement.  Easement language shall be recorded on the final plat for relevant phases.

8.  The Public Works Department requires street naming to be consistent with previous phases of the subdivision.

9.  The City of Council Bluffs will build the extension of Eastern Hills Drive, but modifications to the trail and all trail connections will be the responsibility of the developer.

10. Sidewalks will need to be installed though Outlots and adjacent to all roadways with street improvements.

11. The Council Bluffs Fire Department has no comments regarding the request.

12. Council Bluffs Water Works stated the applicant must enter into a main extension agreement to provide water to the subdivision.

13. MidAmerican Energy Company has no objections to the request, but notes the applicant has not entered into an agreement to extend electric distribution facilities into the area at this time.

14. All utilities shall be installed underground.  All costs to construct, remove and/or relocate any utilities for the proposed subdivision shall be the responsibility of the applicant and not the City.

15. All future street lights shall meet Public Works Department standards. All costs associated with the installation of street lights shall be the responsibility of the developer and not the City.

16. The Council Bluffs Public Works Department, Fire Department, and Police Department request that the proposed Hampton Drive be renamed to avoid confusion with an existing Hampton Lane.

17. The Community Development Department received a letter from residents of Taggart Circle, which is south of the proposed preliminary plan. Members of Taggart Circle express concerns with the location of the proposed extension to Steven Road, and the increased traffic flow around their homes. The letter has been included as Attachment D. Site photos that were submitted to the Planning Commission by Kathy Rieken Gutshall, who lives on Taggart Circle, has also been included as Attachment E.

18. No additional comments have been received at the time of this report.

The Community Development Department recommends approval of the preliminary plan for a subdivision to be known as Hills of Cedar Creek Central, as shown in Attachment ‘C’, subject to compliance with all above stated comments and the following conditions:

1.  Approval of the preliminary plan is tentative and does not constitute acceptance of the final plat, but is ‘deemed to be an authorization to proceed with the preparation of final construction plans or performance guarantee and the final plat’.  (§14.11.060.04- Subdivision Ordinance).

2.  With adequate engineering and construction controls, the land is suitable for the proposed development.  Construction plans for streets, sanitary sewer and storm drainage shall be submitted to the Public Works Department for review and approval prior to beginning construction.  Construction plans and comprehensive plans for grading, drainage and erosion control, including right-of-way during site preparation, utility installation and construction shall be submitted to the Public Works Department for review and approval prior to beginning any earth disturbing activity.  All applicable permits necessary to meet local, state and federal requirements shall be the developer’s responsibility.

3.  An erosion and sediment control along with a grading plan shall be submitted with the construction plans.  The erosion and sediment control plan will include temporary and permanent vegetative cover, structural measures, phasing and a maintenance and inspection program to address removal of sediment during construction and following any rainfall.

4.  All utilities shall be installed underground.

5.  Sidewalks shall be installed along the street frontage of each lot at no expense to the City, prior to issuance of a certificate of occupancy for each house.

6.  Temporary easements shall be in place for each occurrence of a hammer head turn-around that extends beyond the right-of-way.  It is intended that the easement(s) will be released from each impacted lot at the time of the street extension improvement when the turn-around is no longer necessary.  The pavement of the turn-around shall be removed at the sole expense of the developer.  Appropriate easement shall be required on each relevant final plat.

7.  Street naming should be consistent with previous phases, meaning “Ardmore Drive” should be called “Ardmore Street”.

8.  The proposed “Hampton Drive” must be renamed, as there is already a “Hampton Court” located approximately two miles north of the proposal.

9.  A completed drainage study must be submitted to the Council Bluffs Public Works Department.

Public Hearing

Speakers in favor:

1.  Bill White, 401 North 2^nd Street, Council Bluffs, IA  51503

Speakers against:

1.  Kathy Rieken Gutshall, 5402 Taggart Circle, Council Bluffs, IA  51503

2.  Dave Johnson, 5403 Taggart Circle, Council Bluffs, IA  51503

Planning Commission Recommendation

The Planning Commission recommends approval of the preliminary plan for a subdivision to be known as Hills of Cedar Creek Central, as shown in Attachment ‘C’, subject to compliance with all above stated comments and the following conditions:

1.  Approval of the preliminary plan is tentative and does not constitute acceptance of the final plat, but is ‘deemed to be an authorization to proceed with the preparation of final construction plans or performance guarantee and the final plat’.  (§14.11.060.04- Subdivision Ordinance).

2.  With adequate engineering and construction controls, the land is suitable for the proposed development.  Construction plans for streets, sanitary sewer and storm drainage shall be submitted to the Public Works Department for review and approval prior to beginning construction.  Construction plans and comprehensive plans for grading, drainage and erosion control, including right-of-way during site preparation, utility installation and construction shall be submitted to the Public Works Department for review and approval prior to beginning any earth disturbing activity.  All applicable permits necessary to meet local, state and federal requirements shall be the developer’s responsibility.

3.  An erosion and sediment control along with a grading plan shall be submitted with the construction plans.  The erosion and sediment control plan will include temporary and permanent vegetative cover, structural measures, phasing and a maintenance and inspection program to address removal of sediment during construction and following any rainfall.

4.  All utilities shall be installed underground.

5.  Sidewalks shall be installed along the street frontage of each lot at no expense to the City, prior to issuance of a certificate of occupancy for each house.

6.  Temporary easements shall be in place for each occurrence of a hammer head turn-around that extends beyond the right-of-way.  It is intended that the easement(s) will be released from each impacted lot at the time of the street extension improvement when the turn-around is no longer necessary.  The pavement of the turn-around shall be removed at the sole expense of the developer.  Appropriate easement shall be required on each relevant final plat.

7.  Street naming should be consistent with previous phases, meaning “Ardmore Drive” should be called “Ardmore Street”.

8.  The proposed “Hampton Drive” must be renamed, as there is already a “Hampton Court” located approximately two miles north of the proposal.

9.  A completed drainage study must be submitted to the Council Bluffs Public Works Department.