HomeMy WebLinkAbout1977-10-25 Public HearingW'ity of Iowa Cit*
DATE: October 20, 1977
TO: Neal Berlin, City Manager
FROM: Bob Bowlin, Asst. City Attorney
RE: Procedures Relating to Mount Prospect Addition Part 4
Dear Neal:
Attached to this memo please find a copy of procedures that
Ilrio's help for dealing with the
have designed with hick Plasn
lication of the Storm Water Manage -
problem of haw to avoid the app
ment.ordinance to Mount Prospect Addition Part 4. This procedure
assures that there will not be six affirmative votes to repeal
the Storm Water Management ordinance.'"
You'will also note that I have added a public hearing to this
procedure.; The initial public hearing on the rezoning`, of Mount
Prospect Addition Part 4 was held on October 19,'.1976. The pur-
pose of the public hearing is to assure that the current' views', of
local residents will be taken into consideration by the Legislative
Body. see 'Rat hkopf on Planning and Zoning, section 10.09. I
believe that a period in excess of one year between the original,
public hearing and the final adoption of the ordinance places the
validity of the adoption in question. 'For an 'example, see, Taylor v.
Shetzen, 212 Ga. 101;'90 S.E.2d 572,where the enactment of an
amendment changing a zone more than twelve months after the adver-
tisedpublic hearing
thereon was held without the hearing having
n
been .continued or adjourned to thedate of theadoption of the ordi-
nance was held to be invalid and the permits issued thereunder, were
held to have no validity. See also'Forest View Hoo Owners Associa-
tion Inc. v. County of Cook, ,309 N.E.2d 763 Ill. App. 1974F I am
Saving one of; :the interns get these cases from the Law'8chool so
that we might have a closer look at them, but at this point it appears
to me that there is substantial risk in rezoning the Mount Prospect
Addition Part 4 property without having another public hearing.
If you need any further information, please do not hesitate to
contact me. Thank you.
Bob Bowlin
cc: Dick Plastino, Dir. of Public Works
Dennis Kraft, Dir. of Community DevelDprrent
Don',Schrreiser, Senior Planner
Abbie'Stolfus,,City Clerk`
John Hayek, City Attorney
3931
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PROCGDURCS
1.
bate approximately October 25, 1977. Publish notice of public hearing on
proposed rezoning.
'l.
November 3, 1977. Approval of final subdivision plat by P 6 7, at its
rogular meeting.
3.
November 15, 1.977. Public hearing on Rezoning Ordinance.
4.!
November 22, 1977. (A) First reading of ordinance repealing Storm Water
Management Ordinance; (B) First reading of Rezoning Ordinance.
5.
November 29, 1977. (A) Second reading of ordinance repealing Storm Water
Management Ordinance; (B) Second reading of Rezoning Ordinance.
'
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S. .
December 6, 1977. _(N Final passage of ordinance repealing Storm Water Management
Ordinance; (B) Final passage or Rezoning Ordinance.
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7.
December 13, 1977. (A) Publish the ordinance repealing the Storm Water
Managc�mnt Ordinance and the Rezoning Ordinance in the afternoon Press-
"'
Citizen- (B) At; the evening meeting approve the preliminary and final, plat
of the subdivision; (C) Suspend the rules and readopt the Storm Water Manage-
meet Ordinance.
December 14, 1977. Publish Storm Water Management Ordinance.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Iowa City proposes to rezone from RIA to
RIB , the following described property to -wit:
Commencing as a point of reference at the Northeast corner of the
Northwest quarter of Section 23, Township 79 North, Range 6 West of
the Fifth Principal Meridian, Iowa City, Johnson County, Iowa;
thence South 10 39' 10" Fast 375.40 feet to a point of intersection
with centerline Station 222 + 12.6 of U.S. Highway N6 Bypass (this is
an assumed bearing for purposes of this description only); thence South
00 O1' 03" Fast 150.00 feet to a point; thence North 890 27' 44" East
50.00 feet to a point of intersection with the easterly right-of-way
line of Sycamore Street, said point being 150.00 feet normally distant
from the centerline of said U.S. Highway b6 Bypass; thence South 00 01' 03"
East 403.07 feet along said easterly right-of-way line of Sycamore Street
to a point; thence South 890 58' 57" West 15.00 feet along said easterly
right-of-way line of Sycamore Street to a point; thence South 00 O1' 03"
East 246.93 feet along said easterly right -of -nay line of Sycamore Street
to a point; thence North 890 58' S7" East 200.00 feet to point beginning of
tract herein described; thence South 00 O1' 03" East 200.00 feet to a point
of intersection with the northerly line of Mount Prospect Addition Part 3,
Iowa City, Iowa; thence South 590 58' 00" East 135.00 feet along said
northerly line of Mount Prospect Addition Part 3 to a point; thence North
840 25' 10" East 135.00 feet along said northerly line of Mount Prospect
Addition Part 3 to a point; thence North 870 55' 20" East 268.00 feet
along said northerly line of Mount Prospect Addition Part 3 to a point;
thence NOrth "080 59' 27" East 263.00 feet along said northerly line of
Mount Prospect Addition Part 3 to a point; thence North 00 O1' 08" East
480.00 feet along the westerly line of said Mount Prospect Addition Part 3
to a point; thence South 880 59' 27" West 125.00 feet to a point; thence
South 340 23' 02" West 79.72 feet to a point; thence South 880 59' 27"
West 120.00 feet to a point; thence South 00 01' 08" West 96.00 feet to a
point; thence South 8lu 56' 00" West 319.00 feet to a point; thence South
550 37' 23" West 51.36 feet to a point; thence South 890 58' 57" Nest 134.00
feet to point of beginning; and containing 6.2 acres, more or less.
Notice of Public Hearing
for Rezoning
Page 2
and further proposes to rezone from RIA to R2, the following described
property to -wit:
Commencing as a point of reference at the Northeast corner of the
Northwest quarter of Section 23, Township 70 North, Range 6 West
of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa;
thence South 10 39' 10" East 375.40 feet to a point of intersection
with the centerline station 222 + 12.6 of U.S. Highway 06 Bypass
(this is an assumed bearing for purpose of this description only);
thence South 00 O1' 03" East 150.00 feet to a point; thence North
890 27' 44" East 50.00 feet to a point of intersection with the
easterly right-of-way line of Sycamore Street, said point being
150.00 feet normally distant from the centerline of said U.S. Highway
H6 Bypass and point of beginning of tract herein described; thence
South 00 Ol' 03" East 403.07 feet along said easterly right-of-way
line of Sycamore Street to a point; thence South 890 58' 57" West
15.00 feet along said easterly right-of-way line of Sycamore Street
to a point; thence South 00 O1' 03" East 246.93 feet along said
easterly right-of-way line of Sycamore Street to a point; thence North 890
58' 57" East 334.00 feet to a point; thence North 55u 37' 23" East 51.36
feet to a point; thence North 810 56' 00" East 319.00 feet to a point;
thence North 00 O1' 08" East 96.00 feet to a point; thence North 880
59' 27" East 120.00 feet to a point; thence North 340 23' 02" East
79.72 feet to a point; thence North 880 59' 27" East 125.00 feet to
the Northwest corner of Lot 157, Mount Prospect Addition Part 3,
Iowa City, iowa; thence North 880 59' 27" Fast 17.5,00 feet along
the northerly line of said Mount Prospect Addition Part 3 to a point;
thence North 140 51' 23" East 128.00 feet along said northerly line
of Mount Prospect Addition Part 3 to a point; thence South 520 51' 00"
East 50.00 feet along said northerly line of Mount Prospect Addition
Part 3 to a point; thence North 240 28' 04" East 150.00 feet along
said northerly line of Mount Prospect Addition Part 3 to point of
intersection with the southerly right-of-way line of said U.S.
Highway 46 Bypass; thence Northwesterly 140.51 feet along a 2,715 foot
radius curve concave southwesterly, said line being said southerly
right-of-way line of U.S. Highway 06 Bypass to a point; thence North
880 26' 29" West 688.28 feet along said southerly right-of-way line of
U.S. Highway H6 Bypass to a point; thence North 30 20' 24" East
110.00 feet along said southerly right-of-way line of U.S. Highway
H6 Bypass to a point; thence Westerly 183.75 feet along a 2,715 foot
radius curve concave southerly, said line being said southerly right -
of -way line of U.S. Highway H6 Bypass to a point; thence South 89 o
27' 44" West 229.51 feet along said southerly right-of-way line of
U.S. Highway #6 Bypass to the point of beginning; and containing 12.4
acres, more or less.
Notice of Public Hearing
for Rezoning
Page 3
as requested by Frantz Construction Company, Inc., located south of Ioy. H6
Bypass and east of Sycamore Street.
Notice is further given that pursuant to Section 414.4 of the 1977 Code
of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said proposed
rezoning will be hold at the Council Chambers in the City Hall of Iowa City,
Iowa, at 7:30 on November 15th_, 19 77 , and any person having
objectP.M. ions to said proposed action may appear and file objections at said
hearing.
Dated at Iowa City, Iowa this 29thday of October 19 77
ff.. .
City Clark
Please publish 1 time, on October 29,1977.
0 0.
Page 3 Council Activities
October 19, 1976
A public hearinn was held on the rezoning of Mt,_ErD_spect,
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Iv, from RIA to R1B and R2 as submitted by Frantz o�-
uc_tion_Co. Senior Planner Schmeiser and Dick Kratoska,
ve-Hattery and Associates, discussed the sanitary sewer
acity and infiltration. Ben_Donat, 1647 Hollywood Blvd.,
eared and expressed concern over increases in traffic in
neighborhood. Public hearing was closed. —/-'�9—
It was moved by deProsse, seconded by Vevera, to defer the
ORDINANCE AMENDING ORD. N0: 2238 BY CHANGING THE USE REGULA-
TIONS OF COURT HILL - SCOTT BLVD. ADD. 65 FROM R1A AND R3A
TO R1A AND R3A ZONES for one week. Motion carried, 6/0. Coun-
cilman Balmer absent.
Mayor Neuhauser declared a five minute recess.
It was noted the Oct. 15 memo presented by staff concern-
ing Chapter 8.10.40.4.C. was to pjrLeJld_t_h..e section to read as
follows: "8.10.40.4.C. Except when the alterations to the
principal structure do not increase the floor area by more
than 10 percent or provided that there is no change in the
use of the principal structure." Qxty A_tty,Jiavek expressed
concern over the legality of requiring expenditures of money
on private property for public purposes, noting in the Courts,
the principal of "reasonableness" would be considered and sug-
gested loosening of the strictness as staff recommends. Obser-
vations made by Council included, (1) downtown businesses are
not affected, (2) requirement for appropriate number of park-
ing spaces should be taken up in the zoning ord.
It was moved by Perrot, seconded by deProsse, to,amend
Chapter 8.10.40.4.C. by using the proposed staff amendment,
striking the 108 and substituting "258 of the assessed value of
the principle structure." Atty. Robert Downer appeared and
explained operational problems caused by use of word, "assess-
ed," and urged its deletion. City Atty. Hayek agreed, and
after the City Mgr, stated that this whole concept would be
unworkable, suggested adding a sentence, "The City Assessor's
evaluation of the property shall be presumptive evidence of
the value." This would give the building official a rule of
thumb to go by. Al Strepand PatMoore_offered observations.
Roll call vote on motion to amend: Ayes: deProsse, Perret.
Nays: Foster, Neuhauser, Selzer, Vevera. Motion failed, 2/4.__/_r_;/ —
It was moved by Foster, seconded by Selzer, to delete
Chapter 8.10.40.4.C. and substitute the staff language (see
4th paragraph, 1st sentence). Upon unanimous roll call vote,
motion was adopted, 6/0, Balmer absent. ?__
0 0
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of Iowa City, Iowa,
will hold a public hearing on the proposed arterial Highway 518 which will
connect with Hwy 218 to the south of Iowa City and proceed in a north-
westerly direction through Sections 33, 28, 29, 20, 19, 12 and 35 in
Johnson County and the City of Iowa City to intersect with Interstate 80
at the junction with Interstate 380, as shogun on the map attached hereto
and by this reference made a part hereof.
Notice is further given that the hearing by the City Council of
Iowa City on the proposed arterial highway will be held at the Council
Chambers in the City Hall of Iowa City, Iowa, at 7:30 P.M. on October 25,
1977, and any person having com ents, or objections to the proposed highway may
appear and file then at said hearing.
1977.
Dated at Iona City, Iowa, this 7th day of October
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City ClerYd
Publish 1 time , October 7th , 1977.
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NI • NOTICE OF PUBLIC HEARING ONO
PAPER RECYCLING PROJECT
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City, Iowa,
r at 7:30 P.M. on the liar day of October, 1977, in
2 the Council Chambers in the Civic Center, Iowa City,
Ioti,,a, at which hearing the Council will consider
arguments for and against the proposed Paper Recy-
cling Project. This project is for once a month
pickup of newspaper by private contractor within the
City limits of Iowa City.
Dated at Iowa City, Iowa, this 6th day of Octo-
ber, 1977.
10/6/77 /s/ ABBIE STOLFUS, City Clerk
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