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Home My WebLink About1974-07-16 OrdinanceBE IT ORDAINED BY THE CITY COUNCIL OF THE.C;111 eby reclassified from Section 1. The property described below is her and the boundaries R1A its present classification of indicated upon the Zoning Map of shall be enlarged to include the follow - of Iowa City, Iowa, of the City _ it• ing property, to w The north 465.0 feet of the 6Ewest ofethe 4Fifth hP.M , Johnson lon 4, township 79 north, County, Iowa - as ' tract of land ' Corporation, 660 x 465 Laura as requested by Amerexand Corp wood Drive and west of located north and south of Hay Drive The building inspector is hereby authorized and directed Section 2. Iowa, to conform to to change the Zoning Map of the City of Iowa City, this amendment upon the final passage, approval and publication of this Ordinance as provided by .law. Section 3. The City Clerk is hereby authorized and directed to Recorder of certify a copy of this Ordinance to the rovaounty and publication ashnson provided County, Iowa, upon final passage, PP by law. Davidsen that Brandt and seconded by It was moved by and upon roll call there were: the Ordinance be adoptedAYESNAYS: ABSENT: Brandt --— Czarnecki X— Davidsen — g deprosse White passed and approved this ATTEST: City - July July _ day of Pro Tem First Readi Second Read Third Readi 197 4 :U 'v - - rk 197 4 :U 'v WILL J. HAYEK JOHN W-HAYEK C. PETER HAYEK ATTORNEYS AT LAW-- 110 EAST WASHINGTON STREET IOWA CITY. IOWA 52240`=' July 15, 1974 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Amerex Rezoning Mayor and Council Members: You requested, at your last meeting, a report from me concerning the above matter. Specifically, you asked about the implications of splitting the 7. 05 acre Amerex tract into two or more separate zoning categories in order to reduce the number of units that could be constructed on the tract. I have further reviewed the files of the case in regard to this question. Also I have been contacted. by Plaintiffs` Attorney, William Meardon, to express their position. It is Plaintiffs position that anything other than a rezoning to R -3-A, accomplished promptly, would not be compliance with the Court's order and would lead them to seek further remedies. My review of the Declaratory Judgment of January 24, 1974, along with the Ruling on the motion to clarify of March 12, 1974, leads me to the conclusion that the Court's intent was for the City to apply the appropriate zoning category to the entire 7. 05 acre tract. Although using two or more separate zoning categories might arguably be a technical compliance with the Court's order, I do not think it would be a good faith compliance with the intent of the Court's order. I would also call your attention to the fact that the use of other zoning categories could well necessitate further referrals to planning and zoning, another public hearing, and thus considerable further delay. The Court, in both of the rulings discussed above made particular reference to the fact that the rezoning should be accomplished "immediately". Further delay in accomplishing the zoning might well be in violation of the Court's order. The Honorable Mayor and -2- July 15, 1974 City Council of Iowa City In conclusion, I think the Council should proceed immediately to adopt the R -3-A7 oning category for the tract in question in order to be in good faith compliance with the Court's order. Although I can understand the desire on the part of members of the Council to enact the most restrictive zoning possible in order to protect the existing nature of the neighborhood, under our present zoning ordinance the R -3-A category is the most restrictive zoning that can be applied to the tract in conformity with the Court's order. JW'H: mp Respectfully s bmitt d, 1oh W. Hayek o L E 0 JUL1 59174 ABBIE STOLFUS CITY CLERK WILLIAM L. MEARDON - LAWYERS - WILLIAM F. SUEPPEL 100 SOUTH LINN STREET ROBERT N. DOWNER - JAMES P. HAYES IOWA CITY, IOWA 52240 r JAMES D.McCARRAGHER July 16, 1974 THOMAS J. CILEK MARK T. HAMER MEARDON, SUEPPEL, DOWNER & HAYES WILLIAM L. MEARDON - LAWYERS - WILLIAM F. SUEPPEL 100 SOUTH LINN STREET ROBERT N. DOWNER - JAMES P. HAYES IOWA CITY, IOWA 52240 CLAIR E. HAMILTON JAMES D.McCARRAGHER July 16, 1974 THOMAS J. CILEK MARK T. HAMER Tha Honorable Mayor and City Council of the City of Iowa City Civic Center Iowa City, Iowa 52240 Ladies and Gentlemen: This letter is being written to you in connection with the Amerex-Belle- Short lawsuit and decision pertaining to certain property located near the Forest View Trailer Court in Iowa City, Iowa. A declaratory judgment was entered by The Honorable Clinton E. Shaeffer on January 24, 1974, a portion of•which states: "and that defendants immediately take whatever action necessary to legally zone the property in question ." On January 29, 1974, I filed a copy of judge Shaeffer's decision with the City Clerk asking that action be immediately instituted to implement his order. Subsequently, the City sought a clarification which was filed February 19, 1974, and in response thereto Judge Shaeffer entered an order on March 12, 1974, a portion of which states: "The Court calls attention to the fact that in its Judgment filed January 24, 1974, it directed the defendants to 'immediately' take such action." The time for appeal expired March 15, 1974, but the City Council took no action until the latter part of April when this matter was referred to Planning and Zoning on April 23, 1974. On May 9, 1974, Planning and Zoning acted upon the matter and a public hearing was set on May 21, 1974. The hearing was held on June 18, 1974. I believe the above dates are correct as I obtained them from the City Clerk and from other public records. It seems to me that a question has now fairly arisen as to whether or not the City is acting in good faith and intends to follow the order of the District Court. Obviously, that portion of the Court's order which directs immediate action has not been followed. The Honorable Mayor and City Council of the City of Iowa City July 16, 1974 Page 2 The purpose of this letter is to request that you take immediate action and comply with the Court order without the necessity of further litigation or court procedures by the plaintiffs. Accordingly, and without waiving any of our rights in this case, we again request that you take immediate action to enable the plaintiffs to obtain a building permit as ordered by the Court. WLM:lg ery truly yours, " Oe William F o L F 0 JUL 1 619 74 ABBIE STOLFUS CITY CLERK DATE: TO: Planning and Zoning Commission Attn: Don Madsen, Chairman FROM: Iowa City City Council RE: Referral July 18, 1974 At their regular meeting on July 16th, the Iowa City Council adopted the motion concerning the Amerex Tract, that the 7.05 acre tract, less 24,000 square feet immediately surrounding and adjacent to the existing 24 units, be referred to the Planning and Zoning Commission for review and recommendation on the question of rezoning to R3 Zone. The motion was adopted 4/1, Brandt voting 'no'. City Clerk \/d' • ORDINANCE NO. 74-9726 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RIA TO M1 ZONE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of RIA and the boundaries of M1 as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: Beginning at the center of Section 24, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Ictiva; thence South 8^0`40'00" West 341..17 feet along the North line of the Southwest quarter of said Section 24 to a point (this is an assumed bearing for purposes of this description only); thence South 050'00" hast 630.18 feet to a point of intersection with the Northerlv.r.ight-of-way line of U.S. Highway 06 (formerly known as Wyoming Road); thence South 51056'03" East 100_0 feet along the Northerly ricght-of-way line of said U.S. Highway --tF6 to a point; thence South 55°51'48"East 199.97 feet along the Northerly right—of— way line of said U.S. Highway :L6 to a point; thence South 57" 18'25" East along the Northerly right-of-way line of said U -S. Highway --'r'6 to a point of intersection with the East line of the Southwest quarter of said Section 24; thence Nortilerly along the East .line of the Southwest quarter -of said Section 24 to point of beginning of tract herein described, and. containing 5.9 acres. more or less, As requested by Business Development Co., Inc. Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. It was moved by Brandt and seconded by White that the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed and approved this 16th day of July 1974 Mayor Mayor Pro Tem First Readinp� J :2 �L 7-0. ATTEST' Second Reading- p • City Clerk Third Reading -t"w