First Consideration: Ordinance for Case REZ21-01 being the request of Dan Lorentzen on behalf of Rock Church Ministries Inc to rezone Lot 2 of Nims Acres from S-OS Open Space District to R-1 Single-Family Residential District. [Ward 7]

PLAN AND ZONING COMMISSION RECOMMENDS DENIAL. 8 VOTES REQUIRED FOR PASSAGE.

The purpose of the rezoning is to construct a church. A a rezoning requires analysis of all potential uses within the requested zoning. The Plan and Zoning Commission considered Case REZ21-01 at its March 2, 2021 meeting and voted to forward the request to City Council with a recommendation for denial. 

The Commission vote was 5 yes, 3 no, and 0 abstention. 

The Public Hearing before City Council was held on March 17, 2021 with no public comment. Staff has received one comment opposing the rezoning which has been included in the background information.  

The property currently has no viable access to 46th Street. The petitioner has provided a signed statement indicating potential agreement to grant access with adjacent property owners; however no recorded easement agreement is in place and property ownership has not been verified. The statement and draft easement have been included in the background information. 

The 2019 zoning code specifically assigned the Open Space Zoning to align with the +2035 Comprehensive Land Use Plan.

Findings:

1. The proposed amendment does not promote the orderly development of Davenport in accordance with the Comprehensive Plan and adopted land use policies.
2. The rezoning petition does not promote the preservation, protection, and conservation of natural resources.
3. The existing S-OS Open Space District is compatible with the zoning of nearby property.