HomeMy WebLinkAboutA002 - Email from City Attorney dated February 10, 2014, regarding protest language Re: 200 ft. protest language
Judy K Parks to: Sharon Guber 02/10/2014 03:22 PM
Cc: Karen Marren, Kelly Diekmann, Diane R Voss
Judy K Parks Sharon, Thank you for your inquiry about how to word the language on
Judy K Parks Sharon, Thank you for your inquiry about how to word the language o
Sharon,
Thank you for your inquiry about how to word the language on the protest when there is only one
alternative that the petitioners would support. I know you have spoken with a couple of staff members and
were trying to make sure you are clear on what to do.
The provision of the Iowa Code which refers to protests reads, in pertinent part, as follows:
Section 414.5 Changes- Protests
In case, however, of a written protest against a change or repeal which is filed with the
city clerk and signed by the owners of twenty percent or more of the area of the lots
included in the proposed change or repeal, or by the owners of twenty percent or more of the
property which is located within two hundred feet of the exterior boundaries of the property
for which the change or repeal is proposed, the change or repeal shall not become effective
except by the favorable vote of at least three-fourths of all the members of the council. The
protest, if filed, must be filed before or at the public hearing. . . .
It doesn't really speak to the situation where there are choices about what the change is, some of which
the petitioners wish to protest but others (or here, one)which they specifically do not wish to protest. Also,
I did not find any Iowa case law that made this more clear.
The best thing to do is to try to make very clear what the protest is against, and also, what it is not against.
Thus, of the two forms of language you propose, the second is clearer. However, I would make a
separate sentence that clearly states that this petition s not a protest of a change from S-GA to RL for all
29 acres. That separate sentence should help make it clear what this is not, as well as what it is.
Judy K. Parks, City Attorney
City of Ames Legal Department
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
Phone: 515-239-5146
Fax: 515-239-5142
Email: jparks@city.ames.ia.us
Pmes",
Sharon Guber Hi Judy, Don't know if you've had a chance to lo... 02/10/2014 11:58.58 AM
From: Sharon Guber<sguber50014@yahoo.com>
To: Judy Parks<JParks@city.ames.ia.us>
Date: 02/10/2014 11:58 AM
Subject: 200 ft. protest language
Hi Judy,
Don't know if you've had a chance to look at the wording for a 200 ft. protest on the South Parcel. We
would like to protest every zoning except RL, so I had asked if the following was acceptable:
11l,we... do hereby protest the requested re-zoning from S-GA to any zoning except RL.H We would
now add "...for all 29 acres."
I spoke with Charlie Kuester Friday. He said he deferred to you as to legality of language; also offered the
idea of listing the zones being protested since there wouldn't be many (he didn't specifically identify
them). Since the City favored FS-RL with a limit of 7.25 units per acre ( about which we have
concerns), I'm wondering about limiting the wording to just the listed zoning. So would still add the
catchall phrase, "...or any other zoning, except for RL on all 29 acres.":
1/we, the undersigned, being owner of property within 200' of the outside boundaries of the Ames Middle
School South Parcel, 601 State Ave., which is under application for rezoning submitted by
BRECKENRIDGE GROUP AMES IOWA LLC, do hereby protest the requested re-zoning from S-GA to
FS-RM, RM, FS-RL, PRD, or any other zoning, except for RL for all 29 acres."
Maybe this would be cleaner language.
We will be taking a Protest Form to the School Board meeting tonight, so if you aren't able to relay an
opinion on this that will be okay. We will probably use the latter.
Thanks,
Sharon
VT F
Verification of Protest submittal for 321 State Avenue from College
Creek/Old Ames Middle School Neighborhood Association
Karen Marren to: Diane R Voss 02/06/2014 08:52 AM
Karen Marren Verification of Protest submittal for 321 State Avenue from College Creek/Old
Diane,
I did a check of the signatures that were submitted for the protest of the rezoning of 321 State from
"S-GA" (Govern me nt/Ai rpo rt)to"RL" (Residential Low Density).
All the signatures match with deed holder records from the county database.
There are a total of 36 properties that intersect the 200 ft buffer area around the subject site. The
neighborhood has received signatures from 18 owners represented 24 of 36 total properties for a total of
66% of the properties within the buffer area.
I have attached a spreadsheet that lists all 36 properties within the 200 ft buffer area of the subject
property. The green highlighted properties are those in which signature has been received on the protest
submittal.
Please let me know if you need any additional information.
BufferProperties_Middle Parcel.pdf
Thanks,
Karen
Karen Marren
Planner
515.239.5400-main 1515.239.5447 direct 1515.239.5404-fax
kmarren@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CitvofAmes.org I -Caring People-Quality Programs- Exceptional Service