Loading...
HomeMy WebLinkAbout1978-05-23 CorrespondenceY.I r H n i MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MUINLJ, IUvJA DATEI July 13, 1978 TO: Planning & Zoning Commission FROM:•Iowa City City Council RE: Referral At the regular Council meeting of May 23, 1978, the Council set public hearing on the Ordinance Regulating the Location of Adult Businesses in Iowa City, and stated that the Ord. would be referred to the Planning $ Zoning Commission for recommendation. There was no formai motion for referral. The public hearing has been held. It was pointed out that PF,Z had not con- sidered this Ordinance, so the City Manager asked me to formally refer it to you.for recommendation. Abbie Stolfusf CMC City Clerk MICROULMED BY JORM MICR+LAB CLOAR RAI !I!; • !715 MOINIII MICROFILMED BY JORM MICROLAB A CEDAR RAPIDS AND DES MOINES, IOWA Iowa Cit NOME OF UNIVERSITY OF IOWA O'hamber of Commerce P.O. BOX 2358 IOWA CITY. IOWA 52240 PHONE 337.9637 12 May 1978 evera and Cit Council FMI AY1 n?978 D T0: Mayor V y City of Iowa City ABBIE S"i 0LFl1S Civic Center CITY CLERK Iowa City, IA 52240 The Iowa City Chamber of Commerce would like to commend the citizens, staff and Council for their time, effort and dedication on -the formulation of the new comprehensive plan for our city. We realize this plan is an all en- compassing document that probably will affect the style of life for the people of this community in the immediate future and consequently, your task of pleasing everyone is impossible. However, we would like to make some comments resultant from discussions and meetings that the Chamber has held relative to the plan. We have little if any disagreements with the goals and objectives of the study committee and staff, however, we are con- cerned about implementation of some of the recommendations and the impli- cations of those recommendations. Our immediate concern relates to land use and transportation policies. We believe it is vitally important that the Council is cognizant that the plan, supposedly general in nature, is too specific on residential land use. We appreciate the need to show all the land usages and the separation of these uses, but feel the specifics should be in the zoning ordinance and not in this document. We have fears about the number of non -conforming uses created and the subsequent potential of litigation and the possibility that planning and zoning will see land use as defined, as definite rather than general in scope. We again want to emphasize the need for suffici- ent industrial, manufacturing, commercial and office park land as generally shown in the plan. We believe that a good transportation system is an essential element for the community if we are to achieve the ultimate goal as stated in the comprehensive plan. "To protect the health, safety and welfare of its residents; to allow for individual development and enjoyment; to protect and enhance the heritage and character of the city; to effici- ently provide an adequate level of municipal services; to pro- tecL- the use, value and enjoyment of all land; to protect and enhance the environmental quality of the city and its environs FIVEVEAAE and to wisely use and conserve energy; and further, to provide a balanced transportation system which allows for the safe, orderly and efficient movement of people and goods throughout the city". ACCREDITED Y:.... �� .. .._ 1 IdICROFILMP.D DY JORM MICR+LAB CI.0Z RAPIDS all 977 i 0ILR0FIL;1ED BY JORM I4ICROLAB CEDAR RAPIDS AND UCS IAOINLS, INA Page L f We have repeatedly voiced our support or 518 during the past ten plus years. Our position still solidly supports a four lanQ facility and be- The ve thefooueast-shoud westlandenorth-south crosst ttown arterialsnVillcbe just as important in the future as it has been in the past and remains today• We think the Council sroblemrecAnnaffirmativeze this evoteand Ontake thelMelrose-Grandsteps to help resolve this p of the Council eanI of the comprehensive pian. We agree that Avenue "cross-over would be an indication that the majority supports the goals and objectivesimportant as it relates to attracting new in - a truck route is also very is a necessity dustry ample- nd would hope that the Council might accelerate plans for ecessi agree that a viable mass transit systemest that mentation. We also ears. for the total transportation plan within proventtheupastu5'� year it can't possibly be the total answer as p Generally, we agree wrti- ith the important t economic expandpolicies thean neresidentialutax abase cularly feel it is most imp employers. Communication channels by seeking new industry and other major between the City and the Chamber should trustnue andtfaithimprove withlthethe realizat of cooperation with a mutual feelindisagreements on some issues. tion that there will be disag We certainly have some reservations about mandatory park dedication or We also are concerned about the cost of payment in lieu of dedication from developers because of the ramifications relative to the cost of housing• providing riverfront parks for the total spaof joint green facilities usage belt along Ralston. We support the conceptgood library whenever and wherever feasible. We endorse the need for a g but ttfeel Cityandshoeaid the1proposed tsite oon the omarket for lresale rasdor bowned ce ginally planned for urban renewal* We strongly support the continued use of the airport for general aviation because of the implications to ecdeovelopersmic eandmcontractoent We rslinva new sub - Council should work closely and hopefully fdivision act, we wantntoccurtailwthedincreaseallow oinithercosteofphousingsan if in provide housing for the elderly, handicapped and lower income citizens. The Chamber has spent a great deal of time studying the comprehensive plan. Our ultimate goal is also to make Iowa City a good community to live, work Of our members express and display and plan, and believe that the dyappreciate it very since thethe philosophy almost daily. Council reacts in a positive manner to our recommendations and suggestions. Sincerely, Aolflvelelf Don Hebert President �MCROFILRED BY I JORM MICR6LAB UJU KA;9 „II i 1-101'U S IA(LRDFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINLS, IOWA s-1�3 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON SF IOWA CITY IOWA 52240 (319) 354.18030 June 5, 1978 Mr. Don Hebert, President Iowa City Chamber of Commerce P. 0. Box 2358 Iowa City, Iowa 52240 RE: Your letter of May 12, 1978, Iowa City Comprehensive Plan Dear Don: r, Thank you for your response on the Iowa City Comprehensive Plan. I believe that the working relationship which has been developed recently between the Chamber and the City is indeed a positive one which should provide sound benefits to the entire community. i The City Council agrees with the Chamber in that there is a need to have sufficient land available for industrial, manufacturing, commercial and office park use. As you are perhaps aware, the Comprehensive Plan text has been amended in order to provide for future industrial -office park area subsequent to additional findings being made on this subject. i We do not share your opinion relative to the level of specificity of the resi- dential uses shown on the Land Use Plan. It is true, however, that the Zoning Ordinance will deal with the subject at a greater level of specificity. As was indicated at the last meeting between the Chamber and the City staff, the work on the new Zoning Ordinance will be continuing for the next four to six months. I would like to take this opportunity to invite the Chamber to work closely with the City in the development of this important ordinance. Sin cerely yours, / Ne'erlin City Manager is cc: Keith Kafer Tim Brandt / City Clerk ✓ I4ICROFIL14E0 BY JORM MICR+LA9 LLOAR RA; 1 1 • V, V10117f.S 917 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS MOINES, IOWA V' EL, M 'Y.121978 A6BIr STOLFUS CrfY CLERIC v U J _ /�/�J/%i�ra� ate.- �-�w,-r/ yrt�_ ter,•-ca:� . a-ya.�,-.----- -J. n -�141CROFIL1410 BY DORM MICRbLAB C¢4Ar RiVTI', • -1.a 110MIS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL) , .�GGiGGLFi)2/ . �G:Y'i....�pi-.CGCLNCR' CCi . �'�GL¢ifi - t f• �c�l �J_.—�irtGL ..c.cr_4_!L /._1 _.,ter✓ /o--ct� --- --✓✓L/,/G+Iz�GGa,_�f= �_.o-r�2za/1__...rrr_Jwc�l�_.. i��-e�h.._a�A.. -_.. ✓!_w_f^_..Oo-cvi___��-�='wa='V.._.l'cr�i`--�-��i.�Q..'-- _�„�_._4.e2: doing: :4ICROTILMED BY r JORM MICR+LA© CI:Jf,I; F.,u'!i.. :L: Ifll'iIS N MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IOWA `s/23 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1BOD June 2, 1978 Mr. and Mrs. Tom Neuzil R.R. 2 Oxford, Iowa 52322 Dear Mr. and Mrs. Neuzil: Thank you for your letter expressing concern about traffic volumes in Iowa City and the use of salt. The problem of automobiles and resulting pollution is a difficult one to solve. Most of the automobile traffic in Iowa City is going from one part of the City to another part of the City and it would be difficult to reroute such traffic around the City. The choice between using the private automobile or mass transit continues to be a highly individual choice in Iowa City and the majority of our citizens continue to prefer the car for personal transportation. Air quality monitoring in the Iowa City area has been done by both the University of Iowa and the Iowa Department of Environmental Quality. The Department believes that air quality is generally within acceptable standards except possibly in the down- town area. Sulfur dioxide is not a problem in the Iowa City area; however, occasionally, particulate standards are violated as a result of construction activity. We are extremely concerned about the vegetation damage caused by salt usage. Once again, we are faced with a trade off that the community must make between traffic safety and damage to vegetation. In an effort to strike a compromise we are going to propose that a mixture of salt and sand be used in the winter of 1978-79. We believe this will strike a proper compromise between traffic safety and damage to vegetation. In summary, we believe we will be able to take positive steps to correct the extensive salt damage that was caused this past winter, but the problems of traffic volumes, traffic noise, and traffic emissions is one that defies ready solution. We do appreciate your letter. Through this means, policy makers are made aware of the feelings and viewpoints of the citizens in and around Iowa City. Sinc clyff Ncal G. Berlin City Manager NGB/jp C ,�'1 •r 141CROFIL14ED BY I JORM MICR+LAB UJNt iS5P1US • JL; 710If1111 T79 i I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES hI0INES, IOWA Honorable City Council Civic Center Iowa City, Iowa 52240 RE: Master Plan - Rezoning Dear Members of the City Council: For many years I have represented John and Erma Alberhasky who had owned and operated John's Grocery Store at 401 E. Market Street for almost 30 years. Their grocery store is located on the southeast corner of the intersection of Gilbert and Market Streets. They also own the apartment building located just south ofthe grocery store parking lot on the north side of the alley, all of which is on the east side of Gilbert Street. This property is presently zoned R3 -B, whereas all of the property across Gilbert Street to the west is commer- cial. It is our understanding that proposed rezoning would rezone this property for use as office space. We respect- fully request that consideration be given to rezoning this property as commercial, not only to conform to the properties on the other side of the street but also to allow for ex- pansion of the parking lot. Mr. Alberhasky and I would be very happy to appear before the Council or any other parties in connection with this request. Thank you kindly for your consideration. Very truly yours, V%�a-9MAA, 'c'i, William M. Tucker WMT: 1s cc: Mr. & Mrs. John Alberhasky Y�.. `kI "-'111CROFILMLD BY JORM MICR+LAB CLi)AR Wil'1 �1", • '.)LS I101!11S REJ­EILIFD MAY 1 71978 SHULMAN, PHELAN, TUCKER, BOYLE & MULLEN ATTORNEYS AT LAW LGm B.LILMAN BRLMCR BUILDING WILLIAM V. PRCLwN P. ❑, BOX 2150 DANIEL W. S.uL. LR DANIEL W.. LL IOWA CITY, IOWA 52240 T.L.IUGNL CNARLC9 M p54.1104 JAIL. COC. JIB) F. .,.,,.N STLPN CN F. BRIGHT BRuC[ L.WALRCR RICNARG M.T..... May 17, 1978 Honorable City Council Civic Center Iowa City, Iowa 52240 RE: Master Plan - Rezoning Dear Members of the City Council: For many years I have represented John and Erma Alberhasky who had owned and operated John's Grocery Store at 401 E. Market Street for almost 30 years. Their grocery store is located on the southeast corner of the intersection of Gilbert and Market Streets. They also own the apartment building located just south ofthe grocery store parking lot on the north side of the alley, all of which is on the east side of Gilbert Street. This property is presently zoned R3 -B, whereas all of the property across Gilbert Street to the west is commer- cial. It is our understanding that proposed rezoning would rezone this property for use as office space. We respect- fully request that consideration be given to rezoning this property as commercial, not only to conform to the properties on the other side of the street but also to allow for ex- pansion of the parking lot. Mr. Alberhasky and I would be very happy to appear before the Council or any other parties in connection with this request. Thank you kindly for your consideration. Very truly yours, V%�a-9MAA, 'c'i, William M. Tucker WMT: 1s cc: Mr. & Mrs. John Alberhasky Y�.. `kI "-'111CROFILMLD BY JORM MICR+LAB CLi)AR Wil'1 �1", • '.)LS I101!11S ,A' MICROFILMED BY JORM MICROLAB June 5, 1978 CEDAR RAPIDS AND UES MOINES, IOWA Mr. William M. Tucker Attorney at Law Shulman, Phelan, Tucker, Boyle & Mullen P. 0. Box 2150 Iowa City, Iowa 52240 RE: Your letter of May 17, 1978, Northside Rezoning Dear Mr. Tucker: As the City Council was in receipt of your letter of May 17, 1978, prior to the rezoning of the subject property located at 401 East Market Street, the Council was aware of the considerations which you discussed. At its meeting of May 30, 1978, the City Council did rezone this property to the R3 zoning classification. If you have further questions about this, please contact.Mr. Don Schmeiser, Senior Planner, whose telephone number is 354-1800, extension 315. Sincerely yours, Neal G. Berlin City Manager Is cc: City Clerk Don Schmeiser 14ICROFILMED BY JORM MICR+LAB CEOAI'. RAI 19; • fA" M0VIES �Jti$ 979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES 1101NES. IU'viA f� ' L May 18, 1978 LLff�� MAY 19 ,E78 city council Civic Center A B B I E S T O L F U 5 410 Fast Washington CITY CLERK Iowa City, Iowa Dear Council Members, I wish to take this opportunity to express my objections to the rezoning that is currently being considered in the near north side of Iowa City. This involves several specific items: First - The Comprehensive Land Use Plan that is being proposed lowers the density permitted in much of the area. It is my belief this is counter productive. By lowering density the cost of housing in these areas will rise and further it will cause additional sprawl which will tY and the reliance upon the automobile for transportation. the University Campus are focalMately surrounding thea points. Areas should contain high density caning• The boundaries east of the Iowa River could better drawn - for example, south of Brawn, west of Governor and north of Bowery should all be considered for high density zoning. Second - I object to the rezoning that is proposed for the same general reasons i.e. lowering of density in areas that are within walking distance to the downtown, University of Iowra campus, Mercy Hospital etc. Specifically my objection is to a Re -zoning of a specific one-half block area. This particular half block is proposed to be rezoned from R3A to R2. It is bounded on the south by Market, east by Governor, west by Lucas and on the north by the alley. There are presently eight individually awned parcels. Parcel 1 - 218 N. Lucas contains two structures - a 5 unit roaming house and a single family dwelling. 2 - 804 & 810 Market contains two structures - a single family dwelling and a duplex. 3 - 814 Market contains one structure - a four plea. 4 - 816-818 Market contains one structure - a five multiple 5 - 824 Market contains one structure - a duplex. 6 - 626 Market contains one structure - a single family dwelling. 7 - 209 N. Governor contains one structure - a duplex. dwelling 8 - 213 N. Governor contains two structures - a single family and a barn/garage. Respectfully request that the proposed rezoning for this half block not be approved. STIViA, ely� / G. Seyd' 445 Garden Street Iowa City, Iowa 1 NICRO[ILMED BY ! JORM MICR+LAB LJ:JP,U RAI P1, • AL. M0111i:' 9sy tAICROFILMED BY JORM MICROLAB PETITI011 CEDAR RAPIDS AND UES MOINES, IOWA We the undersigned, owners of property located in the half block bounded by Market Street, Lucas Street, Governor Street, and the east/west alley between Market Street and Bloomington Street,, object to the proposed re -zoning. This petition is being filed pu uant to Section 8.10.32 of the Zoning Code. 445 Garden Street, Iowa City, Iowa Lyle G. Seydel &6`1 /i/ 445 Garden Street, Iowa City, Iowa i Gc 1�A.� Sey- l�j / 5 1031 William, Iowa City, Iowa 1 le Kjonaa"s/1lj' / , - V 1031 William, Iowa City, Iowa Eileen Kjo as )yl:.) -lo, � old Flo ref �,, y 804 East Market, Iowa City, Iowa Richard T. Corcoran S/ 17 7d ') (ve�� �� 804 East Market, Iowa City, Iowa �ilz, Margaret J. Cbr✓ Oran g l4/ 7 $� � 1 � ��` 213 North Governor, Iowa City, Iowa Joseph WpIlter Sal 91q3 741 l n I .. Q L J O pti 213 North Governor, Iowa City, Iowa Mildred Walter t.Ilq /7 i I, Lyle G. Seydel, prepared and circulated this petition and hereby affirm that the signatures hereon were affixed by the person so indicated. Sworn and subscribed to me on the 22nd. day of May, 1978 at Iowa City, I Johnson County, State of Iowa. otary Pulic/ n and for M� the State -of Iowa Certificate #105432 expiration date - 30 Sept. 1979 Fad'0 MAY2 21978 ABBIE STOLFU`> CITY CLERK Y :41CROFILMED BY DORM MICR+LAS (DAR RA'IX: • JCS MOVIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINLS, 10WA MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS TELEPHONE WILLIAM L.MCAROON 338.0222 WILLIAM f.SUCPPEL 122 SOUTH LINN STREET AREA CODE 310 RO0 CRT N. DOWNER JAMES P. HAYES IOWA OITY, IOWA 52240 JAMES D. MCCARRAGIICR THOMAS J. CILCE MARK T HAMER THOMAS D.HOBART May 20, 1978 MARGARET T. LAIN50N ll Mr, Dennis R. Kraft L D Director of Commmity Development MAY2 21918 D City of Iowa City j Civic Center ABBIE STOLFUS 410 E Washington St. CITy CLERK Iowa City, Iowa 52290 Re: Peninsula Property Dear Dennis: On two or three occasions I have written to the City of Iona City regarding the foregoing property in which I own an interest, l tt,and I have appeared before the City Council on certain matters pertaining to t. Under the new caTrpreheasive plan proposed a substantial portion of this property is designated for park or other public use. What is the intent of the persons j preparing this plan and in particular' of the staff reccmnending it as to the method of acquisition of this property' In other Words, is it to be acquired by condalmation, mandatory dedication, or sane other method' In describing the various uses in your recent letter ] kind Of May 1If 1978, is this particular property listed as any part serfs On o, what kind of a use under the existing land use plan and that being prof behalf of all of the owners, I solicit your property. The the yivwas involuntarily City proposes to furnish this particular property. annexed on December 1, 1965 upon the premise that various municipal services,ee including sewer, water, surfaced roads, fire and polios pro available within the foreseeable future. As we loth know, none of these eresponding have been famished. Accordingly, we now ask when we may expeo I would appreciate having you give me sane idea as to the specific service to which you refer, such as the sewer being available at a certain location by a certain proposed date. We will appreciate receiving your response within the near future and in any event prior to the consideration of the new o mprehensive plan by the City Council of Iowa City. IdICROFILIdEO BY JORM MICR+LA6 cLOAR k14 !a', • A'; MMars m Em tAICROFILMED BY JORM MICROLAB WILLIAM L. MCARDON WILLIAM F. SU EPPEL ROBERT N. DOWNER JAMES P. HATES JAMCS D.MCCARRAOHER THOMAS J. CILEK MARK T HAMER THOMAS D. HOBART MARGARET T. LAINSON • CEDAR RAPIDS AMD UES MOIMES, IOWA MEARDON, SUEPPEL, DOWNER & HAYES LAWYERS 122 SOUTH LINN STREET TELEPHONC 338.9222 IOWA CITY, IOWA $2240 AREA CODE 319 May 20, 1978 �Mr. Dennis R. Kraft FMAY2o'219'78 j Director of Commmity Developnent i City of Iowa City ABBIE STOLFUS Civic Center CITY CLERK 410 E Washington St. Iowa City, Iowa 52240 i Re: Business Ventures, Inc. I Dear Dennis: I am sure you have a copy of the Supreme Court decision telling about a tract Of property Owned by Business Ventures, Inc. located West of Dubuque, South of Foster Road and North of Taft Speedway. I believA that this tract of land has an area something in excess of 30 acres. The purpose of this letter is to specifically request from you a statement as to the use of this property under the proposed ccpprehensive plan. Are you recmmending some density requirement? We will appreciate hearing from you prior to the time that the Council considers the new comprehensive plan proposal for final adoption. 141CROFILIIED BY JORM MICR#LAB C[OkP. RAI'If; :115 MDIIIES hf!CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA MEARDON, SUEPPEL. DOWNER & HAYES WILLIAM L.MCAROON LAWYERS TELEPHONE WILLIAM F. SUEPPEL 122 SOUTH LINN STREET 338-4222 ROBERT N. DOWNER AREA CODE JIB JAMES P. HAYES IOWA CITY, IOWA 52240 JAMES D.MCCARRAGHER THOMAS J.CILEN MARKT HAMER THOMAS D.HOBART MARGARET T. LAINSON May 20, 1978 Mr. Dennis R. Kraft Director of Community Development MAY 2 21978 L City of Iowa City Civic Center ABB 1 E ST O L F U 9 410 E Washington St. CITY CLERK Iowa City, Iowa 52240 Dear Mr. Kraft: Your letter dated May 19, 1978, concerning the Proposed Ioora City Carmprehensive Plan has been received and I thank you for the information contained in it. since you indicated that if I had further questions I should contact you, I am taking the liberty of making a few additional requests for information which I believe will assist me in understanding the proposal. Since you have recently oanpiled the information necessary to respond to my questions, I am sure you will be able to answer the following questions Per- ! taining to non -conforming uses so that I will be better able to comprehend the percentages indicated by you in your letter of May 19, 1978. 1. Hou many of the uses at present are single family dwelling uses, how many are duplexes, haw many are multi --family, how many are commercial, and how many are industrial? 2. Using the above categories, please furnish me with the number of non -conforming uses in each under the existing ordinance. 3. Using the above categories, please indicate the number of additional non- conforming uses to be created if the general terms of the new comprehensive plan are to be followed. I realize that there will be a subsequent zoning ordinance, but I am interested in obtaining this information as I believe that the proposal being submitted as a comprehensive plan is in fact a zoning ordinance in same aspects. Please furnish this information assuming that the new zoning ordinance follows the recommendations made in the comprehensive plan. I Mould appreciate WLm. sb from you as soon as possible. wlcmonuaen BY JORM MICR+LA8 CEMIZ era ^,n':. •urs !•Im ns i MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND UES MOINES, IOWA PrOTEST I',".' D u NAM2 21918 To: City Council, City of Iowa City, Iowa A B B I E S T O L F U S CITY CLERK you ARE HEREBY NOTIFIED: 1. Earl Yoder Construction Co., an Iowa corporation having its principal place of business in Johnson County, Iowa, Earl Yoder, Individually, Governor- Dodae Street Rentals, a general partnership, Wayne Kempf, and Kenneth L. Albrecht are the owners of more than 208 of the area designated on the plat attached as "Exhibit A" by this reference being made a part hereof, which area is being proposed for rezoning from R3B to R2 and MA as more particularly shown on "Exhibit C" attached hereto and by this reference made a part hereof. 2. Public hearing on said rezoning is to be held at 7:30 p.m. on May 23, 1978 3. This Protest against such rezoning change is signed and filed by the property owner of such real estate pursuant to the provisions of Section 414.5, Cade of Iowa, and the undersigned is the owner of 208 or more of the area included in such proposed rezoning. 4. This Protest being placed on file, any such proposed rezoning of the area owned by the undersigned and others from an R3B District shall not become effective except by the favorable vote of at least 3/4 of all manbers of the Council, pursuant to the provisions of Section 414.5, Code of Iowa. 5. The proposed rezoning is opposed because: A. The area and its present zoning and zoning application is the subject of litigation now pending in the District Court of Iowa, in and for Johnson County B. There is no valid relationship between the proposed rezoning and the public health, safety, morals or welfare. C. The proposed rezoning could make a certain portion of the property a non -conforming use. MICROFILMED 6Y DORM MICROLA6 Ctmnr, RAPMS • U. >+Dnns MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IUWA D. The proposed rezoning will impose a hardship upon the property owners and cause substantial damages by reducing the value of property. E. The proposed rezoning will deprive the owners of a reasonable economic return for their property considering the development costs already incurred and the installation of certain improverents pursuant to specific permits issued by the City of Iowa City. F. The proposed rezoning is unreasonable and arbitrary. G. The proposed rezoning would constitute a "taking" of the property rights of the owners under Section 18, Article I, Constitution of the State of Iowa. i H. The proposed rezoning discriminates against the owners of this , property and constitutes a tortious interference with the business rights of the 1 owners. Because of the foregoing, the undersigned owners object and protest the proposed rezoning of their property and demand that any such rezoning fully canply i with the laws of the State of Iowa and in particular with the provisions of 414.5, Code of Iowa. C0RP01'ZA"1"E SEAL EARL YODER CONSTRUCTICU CO. ne L. Albrecht Eari. Yoder%President DRDON, SUEPP�L�DO1 R %HAYES Earl Yoder.�Individually ////GOVERNOR -DODGE STREET RENTALS 122 South Linn Street Iowa City, IA 52240 / By U/ ATTORNEY FOR OBJECTORS Wayne K Ge ea mer �Wayne K pf; In v JORM MIC R+LAB CNAII RAPIDS • DCS 110VCS FO L r II I 1AAY2 21978 ABBIE STOLFUS CITY CLERK i I! 1,1ICROFILMED BY JORM MICROLAB STATE OF IOWA ) ss: JOHNSON COUNTY ) CEDAR RAPIDS AND UES 1,10INES, 106iA I� ll Iv. r l 1??3 P-5 ABEH : STOLFUS CITY CLERK Before me on this day of May, 1978, personally appeared Earl Yoder, President of the corporation executing this instrument, who acknowledged that the seal affixed thereto is the seal of the corporation and that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and the said Earl Yoder as pr of said instrument to be the by him voluntarily executed. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ,2 �_ day of May, 1978, before -me, the in and for said County and State, personally appeare the idential person named in and who ecui~ed the fo nowledged that he executed the sane as his�vplun ary STATE OF IOTA ) a Notary Public to me known to be wrest, and ack- ss: JOHNS( COUNTY ) Before me on this 't(� d y of May, 1978, personally appeared Wayne Kempf, who stated and acknowledged that he is a General Partner of Governor -Dodge Street Rentals, a General Partnership, and that he executed the foregoing instrument on behalf of said partnership and acknowled ed that the execution.of the same is in compliance with the Articles of said ership and�t execution thereof is the voluntary act of said partnership an� q�,, the sad/e 11 General KaV, Gral Partner. said a: 9_ • � r, ss: JOHNSON COUNTY ) u�/ On this P-62 day of May, 1978, before me, the undersigned, a Notary Public in and for said County and State, perso ly appeareVW?a e -Kempf to me known to be the identical rson named in and who a ted fn �u� e, and ack- nowledged thatphe executed the same a hj jvo} ttalYnd,"u5� said County and STATE OF IOWA ) ss: JOHNSON COUNTY ) On this � day of May, 1976, before me, the undersigned, a Notary Public in and for said County and State, personallly appeared Anneth.'L�Albrecht to me known to be the identical person named in anU ]fo px�ey,� ed // a foregoi,ainstrument, and acknowledged that he executed the same a ism Mum rY ac and deed. t , 't Public in anrrWilamLMardOr said County and CraE� MILKVILM6U by ;T JORM MICR+LAE CUM P.AI'I!lS DES MINE" m L1i6RUFILi•iLO BY JORM MICROLAB CEDAR RAPIDS AND DLS CIUII+L�, ,u+in I.,A1111,11' A• LA15T1NG Z0141I4k: Arens to i�ni,Iin undlanjud under Planning and Zoning recommendation TM I4ICROFILMED BY JoRM MICR6LAB II � AL3°(i S(OLFUS C i:i E—R. K r R3B to, R3A 1,11L OFILMED BY JORM 141CROLAB • CEDAR RAPIDS AND UES MUINLS, 100111 'EaNIUIT C" ZONING CHANGES UNUER REZOIJING PROPOSAL IdILRWILMED BY JORM MICR+LA6 li.JAI: - it '!(Wi! S � d E r MAY 2 21978 ABBIE STOLFUS CITY CLERK i 141CROFIL14ED BY JORM MICROLAB To: City Council, City of Iowa City, Iowa YOU ARE HEREBY NOTIFIED: CEDAR RAPIDS AND ULS MOINES, IOWA MAY 2 21978 ABBIE STOLFUS CITY CLERK 1. Consolidated Properties, Inc., an Iowa corporation having its principal place of business in Iowa City, Johnson County, Iowa, and the owner of real estate located north of North Dodge Street and east of Home Town Dairies (1109 North Dodge) in Iowa City, Iowa, or as mare particularly shown on "Exhibit C" by this reference being made a part hereof, a portion of which is proposed for rezoning from a CH District to R3, or as shown on said "Exhibit C". 2. Public hearing on said rezoning is to be held at 7:30 p.m. on May 23, 1978. 3. This Protest against such rezoning change is signed and filed by the property owner of such real estate pursuant to the provisions of Section 414.5, Code of Iowa, and the undersigned is the owner of 208 or more of the area included in such proposed rezoning. 4. By virtue of this Protest being placed on file, any such rezoning of the real estate owned by the undersigned from a CH District to an R3 District shall not became effective except by the favorable vote of at least 3/4 of all members of the Council, or pursuant to the provisions of Section 414.5, Code of Iowa. 5. The proposed rezoning is opposed because: A. It constitutes the only parcel being rezoned in the immediate area. B. The proposed rezoning would substantially reduce the value of said real estate as well as other adjacent real estate awned by the undersigned in a CH District. C. There is no valid relationship between the proposed rezoning and the public health, safety, morals or welfare. ,..._�I IdICROFILMCm OY DORM MICR<�LAS CIDNt RAPIT, • AS NOVIE5 WA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES NUINES, IOWA D. The proposed rezoning will impose a hardship upon the property owner and cause it substantial damage in reducing the value of said property and likely preventing its sale. E. Said rezoning would deprive the a%ner of a reasonable economic return for its property. F. Said rezoning would be discriminatory against this owner in that no other real estate in the area is being rezoned. Because of the foregoing, the undersigned owner objects and protests the proposed rezoning of its property and demands that any such rezoning fully comply with the laws of the State of Iowa and in particular with the provisions of 414.5, Code of Iowa, as above stated. 1 CONSOLIDATED PROPERTIES, INC. 1 p I By 7��c l Ratj, E. Swaner, 6ecretary 122 South Linn StfdV ATTORNEY POR OBJECTOR STATE OF IOWA ss: JOHNSCN COUNTY ) /`�I Before me on this /day of May, 1978, personally appeared Ruth E. Swaner, Secretary of the corporation executing this instrument, who acknowledged that the seal affixed thereto is the seal of the corporation and that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and the said Ruth E. Swaner as secretary of said corporation acknowledges the execution of said instrument to be the voluntary act end deed of said corporation by it and by her voluntarily executed. JORM MICR+LAS (,IDA[.. PP10S • JCS "domr,. R3B to- R3A MILiW ILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLi, Wv4A I41CROf ILI4LO BY • JORM MICR6LAB Ll AiL