Loading...
HomeMy WebLinkAbout1984-10-11 CorrespondenceNOTICE Or OBJBCrION M: Johnson County Board of Supervisors City Council of Iowa City, Iowa Iadies and Gentlemen: The purpose of this letter is to give you notice of objection to the proposed zoning for airport purposes which is presently the subject of your hearing on this 11th day of October, 1984, at the Johnson County Courthouse, Iowa City, Iowa, connencing at 7:30 p.m. In this regard, I file this objection on behalf of myself as well as all other persons owning land, the value of which may be affected by the imposition of a "clear zone". Specifically objections are made by Kenneth Hagen, Clarence Hagen, Frank Boyd, Old Capitol Mbtors, and Plumber Supply Company. At this point in time, we do not know exactly how many properties are located within the clear zone or if any structures might interfere with the proposed glide path. Clarence and Kenneth Hagen, Frank Boyd, and Old Capitol Motors' properties are located outside the City Limits of Iowa City, Iowa. Although we object to the imposition of this restric- tion estrio-tion on the land in its entirety, there are certain specific questions for which I request a response in writing from the appropriate authority. These questions are: 1. Is the Johnson County 4-H Fairgrounds in the clear zone? If so, does it became a nonconforming use and would further additional structures and any further construction on the property be prohibited? 2. If the FAA indicates that a clear zone must be clear, can any structure, even though permitted by the proposed zoning ordinance, be erected in the clear zone? If so, who will decide this (the City, County, /9 ;7G -2 - new zoning comnission, or the FAA)? If action is taken under the present zoning ordinance and it is determined that the regulation constitutes a "taking" or violation of other applicable statutes, who is liable --the City, County, the FAA., or some other entity? 3. Who determines the length of the clear zone and the height of the glide path? Why are sane 20:1 and others 34:1? 4. Does the new proposed ordinance extend the clear zone at the northeast runway. 5. What specific notice is being given to individual property owners concerning this rezoning? 6. Does the proposed ordinance make every existing structure presently located in a clear zone "nonconforming"? If so, what happens if a structure (a) is destroyed by fire or wind, (b) needs to be sub- stantially repaired, or (c) the use of the structure is clanged? Addi- tionally, I would like to know who will determine the answers to these questions? 7. It is our position that the enactment of the present ordinance as well as any extension of it as proposed in this hearing does in fact constitute a "taking" of property rights for which compensation must be paid. Dated this 11th day of October, 1984. & HAYFS Iona City, Iowa 52242 ATTORNEYS ISR ADOVE-NN4f.•:f) OR,=RS 1976 BARKER, CRUISE & KENNEDY October 11, 1984 Iowa City City Council Civic Center 410 East Washington Street Iowa City, Iowa 52240 Johnson County Board of Supervisors 400 South Clinton Street Iowa City, Iowa 52240 AREA CODE 319 TELEPHONE 351.8181 T o I E I OCT 1 11984 MARIAN K. KARR CITY CLERK (3) Re: Airport Overlay Zoning Ordinance Public Hearing on October 11, 1984 Dear Councilpersons/Supervisors: I am writing this letter on behalf of West Side Company. I would request that this letter be considered by the Council/ Board as part of the public hearing on the airport overlay zoning ordinance. West Side Company is the owner and developer of West Side Park which is a 41 -lot subdivision, containing approximately 71 acres. A copy of the subdivision plat is enclosed for your reference. Approximately 31.5 acres of West Side Park land is beneath the so-called "Approach Zone" of Runway Six. Lots 1, 2, 3, 4, 21, 22, 23, 34, 35, 36, 37, 38, 39, 40 and 41 are affected by the airport overlay ordinance. West Side Company has objected to and still objects to the Iowa City Airport Overlay Zoning Ordinance (Section 36-38 through 43). It is West Side Company's position that the current ordinance is invalid and voidable because the City did not meet necessary notice requirements. The information made available to the public prior to public hearing in connection with the current ordinance was not accurate and/or complete. Pertinent airport maps and related documents were unavailable and/or inaccurate. / 976 LAWYERS CHARLES A BARKER 311 IOWA AVENUE • P.O. BOK 2000 JOHN D. CRUISE IOWA CITY, IOWA MICHAEL W. KENNEDY 52244 JAMES O. HOUGHTON DAVIS L FOSTER ANN M. CRUISE October 11, 1984 Iowa City City Council Civic Center 410 East Washington Street Iowa City, Iowa 52240 Johnson County Board of Supervisors 400 South Clinton Street Iowa City, Iowa 52240 AREA CODE 319 TELEPHONE 351.8181 T o I E I OCT 1 11984 MARIAN K. KARR CITY CLERK (3) Re: Airport Overlay Zoning Ordinance Public Hearing on October 11, 1984 Dear Councilpersons/Supervisors: I am writing this letter on behalf of West Side Company. I would request that this letter be considered by the Council/ Board as part of the public hearing on the airport overlay zoning ordinance. West Side Company is the owner and developer of West Side Park which is a 41 -lot subdivision, containing approximately 71 acres. A copy of the subdivision plat is enclosed for your reference. Approximately 31.5 acres of West Side Park land is beneath the so-called "Approach Zone" of Runway Six. Lots 1, 2, 3, 4, 21, 22, 23, 34, 35, 36, 37, 38, 39, 40 and 41 are affected by the airport overlay ordinance. West Side Company has objected to and still objects to the Iowa City Airport Overlay Zoning Ordinance (Section 36-38 through 43). It is West Side Company's position that the current ordinance is invalid and voidable because the City did not meet necessary notice requirements. The information made available to the public prior to public hearing in connection with the current ordinance was not accurate and/or complete. Pertinent airport maps and related documents were unavailable and/or inaccurate. / 976 Iowa City city Council Johnson County Board of Supervisors Page Two October 11, 1984 In fact, the zoning impact study was not even complete until January of 1984, which was well after the passage date of the ordinance. In addition to the notice deficiencies it is West Side Company's position that the City is estopped from enforcing the airport overlay ordinance against West Side Company. West Side Company agreed to be annexed to the City only upon the condi- tion that the property be zoned and developed commercially. The City agreed to this when the West Side Company property was annexed. West Side Company had designated its desired commer- cial zoning in the annexation petition and the Council approved it. The annexation ordinance states that an annexation appli- cant that does not designate a zoning classification in the annexation petition shall automatically be zoned R -1-A and be subject to all other provisions of the zoning ordinance (such as Airport Overlay Zones). An annexation applicant like West Side Company which requests a zoning is only subject to that particular zoning. The City agreed with West Side Company that the property should be annexed and developed commercially and is thus estopped from preventing this development at a later date. The current ordinance and the proposed ordinance is objec- tionable to West Side Company because an approach slope of 34:1 off Runway Six severely restricts development on many of the West Side Company lots. The existing terrain of West Side Company property is at or near a 34:1 approach zone slope in many areas and actually extends into the slope in one or two areas. I urge the Council/Board members to review carefully the map attached to the Howard R. Green Company zoning impact report which shows the Runway Six obstructions. In particular, special attention should be given to the elevations of existing contours of the West Side Company and the approach slope elevations. A 34:1 approach slope off Runway Six is so,restric- tive that it would be impractical to do any building in some areas. Such restrictions amount to a taking of property rights which need to be compensated. The impact zoning study recom- mends that the most acceptable approach would be for the Iowa City Municipal Airport Commission to purchase aviation or fee simple interests where the vertical separation between the approach slope and existing terrain does not exceed 35 feet. The cost of purchasing property rights would be tremendous. A commercial development located at the interchange of an inter- state highway and a state highway is extremely valuable land. I believe preliminary estimates as to the cost of acquiring /9�G Iowa City City Council Johnson County Board of Supervisors Page Three October 11, 1984 property rights are totally unrealistic compared with the actual market values in the area. I would urge the City and County to proceed very cautiously until there is a better esti- mate of the cost. The County and City may find themselves in a series of condemnation suits where they are required to pay con- demnation awards far exceeding preliminary estimates. In summary, West Side Company objects to the current and Proposed Airport Zoning Ordinance for the following reasons: 1. Deficiencies in notice requirements 2. The City and West Side Company had previously agreed that the property could be developed commercially. 3. The restrictions created by the ordinance amount to a taking of property without just compensation. I Please give the above matters your consideration. The City has given a lot of consideration to the costs of not com- plying with FAA standards. However, I suggest that the City i should give an equal amount of consideration to the cost of enacting and enforcing a Zoning ordinance which amounts to the taking of property rights without compensation. i Very t yours, I Charles A. Barker CAB/tcw Enclosure CC: Mr. Don Schmeiser Mr. Jud TePaske /976� �,��.� • 1 a 0.00'00• [ Jna. u'...., /rolxl f •YO•'y ui\In'y n;/ •,�. �.✓ •�•i iwii •mn u„1 �• Mw I��n'I �NI/•; •• I II q, Nn J la ------------------ !a IiC�ii• ii ��•' �-__- ;. ^..n � �.... 'I L•'^^..1."^.:•i �._ __ 7.�. .__ ______.-1 •1 :I:ate-, 4 Y't .n M.'.; 1 I ]f. q ], ]> '. t_ �1 )t ©i Q :i it •'� L•' '.1 _ .\e.�� O'~T• O .� Q Q i Oa Y Qa OT iI Q '[. ;'�I�+(�'=���: i�`.,.,, „•„� • n••n Y. u.• -I M 0. 0)'JJ C • •/•.•II r XC Cd1 n •. b•n wur M•uW Yae rnrM � O nm Mrn tmt wT• (��n . 1 • I on...r w.uln'+. r 1, 1. 11 • , O. n e n• 1 u• • n• m• W M .. w 1+• w• .. a n• ]a• u• Y• �.• I[etxN MwNt IYM . ,. NI,n• lrtII Ilu N 1Y n I •1 uN Y•1,Y Au T 11' V•• r, 'i • • -tm, . Jm• 1 • Te.m' 1 • lL•!1' • • Yf.A h .... • . rel Y • wIN ••nI w • •1 w 14 .W � I. • I••1 m • nl•n d • ]Ir.l) � M • ]•I.Y .� M • irt.N' /I AI.1✓ M • IM.1] r IT.•. ., '^ 1 I ••1• Ywl•• AI • T Ot' IY II N Y • • nn Ilr h w �1 n 11M lu � N 1�'m•..uY.� (w. i'• � T • 1>.Y f • 111.4 � ]Lal a . Jm.n 1 • IY.,) I . !1:.11 • l • !I•.•1' ....•. •.,w.,nn •I 1 Nt =.n Alun:• 1,11. :..`.::;Y.A 1 w1b N ::I m' Nn•nnN lu. T, 11 ac _ r .•T,h Y,...n.nl IY• N.•N Y•11 i '• M MYI t NIN I•L '„{1 1!•„'•.n••n M•nY• • M1II•YY•• •I YY II.1 •N Y Ilnl ••r111W ••n : '•r".•l Crn • •1 RI h ' •r:inl Q• I! W m(1,1 W n' U• , i• mu ly1 •Y WLf N:N•I ,, 1 • d.11• • • b411, NM'Y11:•m• 1"n W ,n � n;Nw:w i'+•Yn I t YA11• d • Yl.b' Ire•••�•'r' •Ing l., Y'a rt'w M•nnl 1•.1 u•••uur. I • l•/.M' 1 IN.11' p]Y II •'11.11•' w:l Y L.. ,wl•NnN N'In.JI.1CM MI • \ • MLII' L Hldl' q w tN tY•. 0. NOTION T II N•• .et tw Co. iC y. atociox 20 _. :I-sa; .,w--Ff�=� Ilnnhy k�jNm•q c'Inpo•q�.::' ry '— —.. --'--- —.._._ __L•'^,. A �' fit-- Ileal. OIN) 01 ((CINMIMO 1 0 IFLL Ra.lrt)[. 1 r•r11tr W\ YrIN Y •f >:.•T) :MI N W h 1 w •f W yr. W[1N WrrY rlrx\ INIW r«Yw Y Ir�11n�yW �rrl•'"i1 rf W w\ rn .r hllnr� o �M�;: �'J ,' __ - _��. -.•�_- •-••rte La •n•�{r'�ru1�N"____ i___-_ __�V•:'_.-) 1•.•i,ISJ � if\ Fii: liYi":VI r. LN.Y4ii0 ff e_ :'. «. I. \ . J u � �•^ h _ S i'>lr::.":: _:�. �.••YA.i vr. i R n oi.o. .Ir - .,.1 • .:, ; i) r .r.. .� = I O '~:1 r YIN rYl�l ul:y.«YIII 'aC y v =, 1 )[ a rO I =' 'I • IR.. vF;n.wllw .r l..r. ): CNV `. ...�� i L :i ^ ' i Y.r. r�..e •I i t 7[: : ] ":• "w� I G [ • '". a. r O• n. Q O O O O y I i _ _ nlr M1. wl. ' C C O I•G. •. • '�+- 1 Ip. M)i4 Y9 CIITrIC ••`�•______•'__ _ruH__ _n ^.T_ _l _r!! �LNY___ �1___ _______-��_ T �V. ���� 1007.) I n r.rr Yr W u. •i - V �r.w - ) )Rpm acolnl x4,1114[. reN Fv •� l[CJO T)IC{•g m LVr[ Y1L Lun whr h.W.... r•r+r•r '� 1R+;%(j n•a• N vn•ri•Ji � rt[.aariVv .%r r 11• ur Y. I .( urY I.li.. :+�i.i Irl � )n: in..l I.iThwl'•I 1 r � ' 4 L r )y.Y.• • W,A L 0[FO YOryL IYN• rr yyM • �y •;V.V Irl •IW rr •/�q• ]E.%' Ltr IM.I[ .11I"r.%'IIr1r'Ip �"MIn:WI'�M�1 X91 YwrOR 11•%[ il, .1) ` i r FI.11. T r ITrY: 'IWr:rl,l:hur. Al Wnr�Nl%' M •'rl •)I L r !1)nl• r IWr:rl r. F' "tr l[ ' _ ....., � N=;•^III I' N;y•fw •; :. IV•�_ilrr, nl' , U r.rryr nu=11Y. Win..rn um::NrLY rouC'n :: l.... • IXC {p11 1 'MR RwY.nrrr).FNnNr •w hrYnrr V YI. rlrl W YIA4N[, lNll h I�rIrIR• rw':iM N Ywnl^ �IIIr�r = .url CrtYClGll pl �. a u 1 .r.r rr I IyrIW � rrrrllll.n. Rr rnrnN .Wrrr NJ.1: r' W Ir I`rol {Ih . r� •u7: "t:: i. nul'� o rn N• . Y. �.r.r u mmm x.0 w w .mw.r r)n.n.( `I«..::: :� .Y rr r...n I•wl \.n.uur. j,•, cl. c ..:.m-... WE CIA. Wl.r . hn.r ICCMa. Ip t" p:r.�Ir.. �Tw I' rf{V IIOVrr1) L•a[.'♦Jp.aI1 Wn�' I Iw' J I I I 1 I