Loading...
HomeMy WebLinkAboutA011 - memo Council regarding calculation of rezoning area CITY OF AMA MEMORANDUM I TO: Mayor Paul Goodland and Members of City Council FROM: Patrick J. Switz, Jr. , Director of Community Development DATE: January 22, 1980 SUBJECT: Stonebrooke Rezoning When City Council conducted a public hearing on the above rezoning on December 18, 1979, Pauline Williams, a member of the Top-0-Hollow Neighborhood Association, presented a petition in opposition to the proposed rezoning which, by staff calculation represented a 70.42% protest to the rezoning. Information was filed with the City Clerk at that time. Since that time, Donald Smith, Attorney for C & B Investments, has taken exception to staff's calculation of 70.42% protest by presenting a new map of the area including new calculations showing only 18.544% opposition to the rezoning. Donald Smith reasons, as per the attached map, that parcel 17 should not have been included as subject to rezoning, as was the case in staff's calculations,. since this 4-acre-tract is already zoned R-1 and is not being asked to be rezoned. By deleting this parcel , the protest perimeter of 200 feet recedes from the south of Top-0-Hollow to the north of Top-0-Hollow. Donald Smith also' reasons that land title holders Witter (for parcels 1, 2, & 3) and Kinyon (for parcel 7) were not entitled to exercise rights as owners in j protest of this rezoning; but, that, Iowa Realty Company and Hallett Construction j Company (being land contract holders of the above parcels) have status as owners and, therefore, right of protest. They did not sign the petition. Staff agrees with Donald Smith that Parcel 17 should not have been included in calculating protest to this rezoning. John Klaus, City Attorney, agrees with Donald Smith 's contention that Witter & Kinyon are not owners insofar as right of protest. Staff has checked Donald Smith's calculations and find them to be correct. Staff, therefore, offers these calculations in substitution to previous calculations submitted to the City Clerk on December 18, 1979. cc: Robert Bartolotta, Acting City Manager John Klaus, City Attorney ,,'ina Bicknese, City Clerk Ronald Wooldridge, Chief Planner Donald Smith, Attorney Pauline Williams I � C a � N 3� 200-FOOT PRO=AREA FOR REZCUM A-1 TRACr TO R-1 N Parcel Sq. Ft. Percent 1 Iowa Realty Co., Inc. 30,416 2 Iowa Realty Co., Inc. 179,670 3 Iowa Realty Co., Inc. 257,770 4 Hallett Construction Co. 31,416 5 Hallett Construction Co. 263,408 6 Hallett Construction Co. 31,416 7 Hallett Construction Co. 253,450 14 Nyle H. 6 Mary J. Nims 59,174 15 Eugene S. 6 Mirimn F. Takle 12,625 16 W. C. 6 J. F. Schloerke 12,000 17 C 6 B Investments 93,408 ti Total Non-protestors. . . . �'12�453 -8I 43b - — 8 Doris L. Kinyon 121,450 - 9 Doris L. Kinyon 31,416 N) N� 10 M. Kim&Janet 0. Sharp 20,000 11 Margaret M. Faden ) 12 R. W. S N. P. Willies ) 105,000 13 Lillian RingFenberp, ) 18 Gladys Alien Witter �78 000 Total Protestors. . . . . . GRAND TOTAL . . . . . . . l .1,503,819 100.000 I In Q. 330.0' • /3P' ' yP /Oo�: zC�o 4t p� a LT a 202'_ ❑ J...... - i.as' 3N6.5 I i D LU '© cuo O /On' ROAD i D t- � I f ill "� O � C O ❑ --C'Glrn, ; ❑ > o - ,