HomeMy WebLinkAbout05-07-09 P&Z
PLANNING AND ZONING COMMISSION
Thursday, May 7,2009 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. JCCOG Metro Bicycle Master Plan Presentation
D. Development Items:
SUB09-00001: Discussion of an application from A.F. Streb for a preliminary and final plat of Scott-Six
Industrial Park, 2nd Addition, a 2-lot, 3.06 acre industrial subdivision located at 2802 Independence
Road. (45-day limitation period: June 1, 2009)
E. Consideration of Meeting Minutes: April 16, 2009
F. Other
G. Adjournment
Informal
Formal
~JCCOG
r,....... m e m 0
Date: April 30, 2009
To: Iowa City Planning & Zoning Commission
From: Kristopher Ackerson, Assistant Transportation Planner
Re: JCCOG Metro Bicycle Master Plan
This memorandum provides a brief summary of the planning process and progress update on the
JCCOG Metro Bicycle Master Plan. The executive summary is enclosed for your reference but the
complete draft plan is available online at:
http://www.jccog.org/documents/DRAFTBikePlan_2_17 _ 09.pdf
Background
In 2007, the City of Iowa City received the Bicycle Friendly Community designation of "Honorable
Mention" from the League of American Bicyclists. As a result, the City of Iowa City and all other
JCCOG entities agreed a new regional bicycle plan would provide an inventory of existing facilities
and identify new opportunities to improve bicycle access. As the metropolitan planning organization
for the area, the Johnson County Council of Governments (JCCOG) was asked to develop this plan.
Planning Process and Public Involvement
The JCCOG Regional Trails and Bicycling Committee - composed of representatives for each
JCCOG entity - has served as the project steering committee.
The planning process involved three steps: 1) an inventory of existing bicycle accommodations and
the level of service; 2) undertaking a community needs assessment; and 3) developing
Recommendations and Bicycle Infrastructure Projects. Together, these components make up the
Metro Bicycle Master Plan for communities in the Urbanized Area - giving the communities direction
to accommodate the needs of current and future cyclists.
Over 640 residents provide input into local bicycling trends and residents' priorities for the plan
through two bike plan workshops and an online survey. The JCCOG planning team also met with
staff from the cities of Coralville, Iowa City, North Liberty, Tiffin, University Heights, the Clear Creek
Amana and Iowa City Community school districts, the University of Iowa, and local bicycle
advocates.
Conclusion
I will be at your May ih meeting to present the draft plan, answer questions, and gather your
feedback. In May, the JCCOG Transportation Technical Advisory Committee will consider giving its
approval of the draft bike plan. Following TTAC approval, many JCCOG entities will consider
adopting the plan. Feel free to contact me with questions at 356-5247 or Kristopher-
Ackerson@iowa-city.org.
Enclosed:
CC:
Executive Summary, JCCOG Metro Bicycle Master Plan
Bob Miklo, Planning
JCCOG Bicycle Master Plan
Executive Summary
Since 1968, six bicycle and trail plans have been created by the
communities in the Iowa City urbanized area: Coralville, Iowa City,
North Liberty, Tiffin, University Heights, and Johnson County. Today,
most of the recommendations identified in those plans have been
implemented.
The JCCOG Metro Bicycle Master Plan outlines new strategies to
create an accessible and coordinated bike network bolstered by
targeted education and encouragement programs, and enforcement
and policy recommendations that build upon the existing bicycle
network. The scope of the plan includes the urbanized area and
linkages to surrounding areas.
This executive summary highlights existing bikeway facilities,
community needs, goals and objectives, and recommendations for the
urbanized area.
Community Needs Assessment
Future bicycle facilities need to reflect identified community needs.
JCCOG engaged community input in a public involvement process,
which included two community workshops and an online survey. The
purpose of the workshops was to identifY the most well-liked
programs. Table ES-1 shows the commonly requested on-street
facilities. Residents indicated a desire for a number of improvements,
including:
Engineering - Install more on-street accommodations
Education - Publish bike rack location map online, including
sheltered racks and lockers
Encouragement - Continue to offer free operational space to Iowa
Bicycle Coalition and I.C. Bike Library
Enforcement - Enforce headlight/reflector laws during non-daylight
hours
Evaluation - Conduct peak hour counts of bicycle commuting on-
street
Metro Bicycle Master Plan Executive Summary
Page 1
Table ES - 1. Preferred on-street bike facilities at 2008 bike plan public
workshops
On-Street Facilities
Bike Lanes (new streets)
Bike Lanes (existing streets)
Sharrows
Way Finding Signs
Bike Boulevards
Bike Routes
Signed "Share the Road"
Total
Count Percent
118 32%
96 26%
65 17%
38 10%
28 7%
21 6%
8 2%
374 100%
Goals and Objectives
The JCCOG Regional Trails and Bicycling Committee assisted in
identifying ten goals to address the findings of this master plan. They
provide a framework to plan for the future of the Urbanized Area's
bike network. The goals, in non-priority order, are highlighted below.
Goal!. Implement the Metro Bicycle Master Plan
Goal 2. Increase the number of people bicycling for
transportation and recreation
Goal 3. Improve bicyclist safety
Goal 4. Reduce greenhouse gas emissions
Goal 5. Improve health and fitness
Goal 6. Education, enforcement, and encouragement
Goal 7. Enhance economic development
Goal 8. Build "Safe Routes to Schools"
Goal 9. Provide bicycle parking
Goal 10. Ensure high quality of service
The plan goals provide objectives that JCCOG entities can pursue.
The goals respond to suggestions and concems that arose through the
process of developing this plan.
System-wide Recommendations
As the bicycle network evolves, prioritizing improvements is a
challenge. The master plan recommendations synthesize an inventory
of bicycle facilities, input of 24 local staff and elected officials, and
Metro Bicycle Master Plan Executive Summary
Page 2
priorities identified through the public input process (645
participants). The following system-wide recommendations can be
pursued by all communities in the Urbanized Area to become more
bicycle-friendly.
Engineering - Install on-street accommodations, which can include
the following options depending on site conditions:
. Shared lanes
. Bike lanes
. Wide curb lanes
. Striped shoulders
. Traffic calming
Education - Facilitate bicycle safety through:
· Public service announcements targeted at young adults;
· Drivers' education classes; and
· Elementary schools' physical education classes.
Encouragement - Implement a coordinated way-finding system on
trails and roadways across the Urbanized Area to assist route finding.
Enforcement - Implement and publicize bike light enforcement
program during the fall and offer discount bike lights to encourage
safety.
Evaluation - Achieve the platinum "Bicycle Friendly Community"
designation from the League of American Bicyclists.
Summary
Completion of this plan is the next step toward continuing to become
more bicycle friendly. With careful attention, bicycling will continue to
be a viable option both for recreation and commuting.
Metro Bicycle Master Plan Executive Summary
Page 3
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Doug Ongie, Planning Intern
Item: SUB09-00001
Scott-Six Industrial Park, 2nd Addition
Date: May 7, 2009
GENERAL INFORMATION:
Applicant:
A. F. Streb
P.O. Box 3327
Iowa City, IA 52244
Contact Person:
MMS Consultants, Inc.
1927 S. Gilbert Street
Iowa City, IA 52240
Phone:
319-351-8282
Requested Action:
Preliminary and final plat approval
Purpose:
Establish a two-lot industrial subdivision
Location:
2802 Independence Road
Size:
3.06 acres
Existing Land Use and Zoning:
Developed and undeveloped industrial- 1-1
Surrounding Land Use and Zoning:
North:
South:
General Industrial (1-1)
General Industrial and County Agricultural
(1-1 and A)
County Agricultural
General Industrial (1-1)
East:
West:
Comprehensive Plan:
Industrial
File Date:
February 26, 2009
45 Day Limitation Period:
60 Day Limitation Period:
April 12, 2009
April 27, 2009
BACKGROUND INFORMATION:
Scott-Six Industrial Park, a 42-lot subdivision, was platted in 1997. In 2001, the applicant split Lot
36 of Scott-Six Industrial Park into two parcels. Auditor's Parcel 2001-068 came from the
southern part of Lot 36. It measures approximately 150 x 505 feet and contains approximately 1.7
acres. The remainder of Lot 36 is approximately 265 x 505 feet and contains approximately 3
acres. To create a third lot, the applicant, A.F. Streb, is requesting approval of a preliminary and
final plat to resubdivide Scott-Six Industrial Park, 2nd Addition located at 2802 Independence
2
Road. The proposed subdivision will create two lots. Lot 2 will contain approximately one acre
and is currently undeveloped. Lot 1 has an existing warehousing structure and will contain 2.06
acres.
ANAL YSIS:
Comprehensive Plan
The Comprehensive Plan identifies properties along Independence Road as appropriate for
industrial use. Although the subdivision will not affect the zoning of the properties, dividing up the
existing parcel would allow for small-scale industrial uses, such as warehousing structures. The
undeveloped area of proposed Lot 2 would allow for a structure at a similar scale to what already
exists on the property.
Access
The proposed subdivision will only allow Lot 1 to have a frontage on Independence Road. Access
to Lot 2 will be provided by a 55-foot access easement from Independence Road and across Lot
1. In order for emergency vehicles to locate Lot 2, an address sign must be placed adjacent to
the right-of-way along Independence Drive.
Storm water management
Storm water run-off will be contained in three existing storm water management facilities. There
is an existing 35-foot drainage easement along the north lot line and two storm water detention
facilities on Lot 1. Storm water calculations must be submitted to the City Engineer to verify that
storm water management is adequate.
STAFF RECOMMENDATION:
Upon resolution of all deficiencies and discrepancies, staff recommends that SUB09-00001, a
preliminary and final plat on the east side of Independence Road be approved, subject to staff
approval of legal papers and construction drawings prior to City Council consideration.
DEFICIENCIES AND DISCREPANCIES:
1. Storm water calculations must be submitted to the City Engineer to verify that storm water
management is adequate.
2. The preliminary plat and final plat should show a 15-foot water main easement across Lot 2
for the water main extension to the east side of the development.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Final Plat
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
s:\PCD\Staff Reports \SUB09-00001\SUB09-00001.doc
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MINUTES
PLANNING AND ZONING COMMISSION
APRIL 16, 2009 -7:30 PM - FORMAL
CITY HALL, EMMA J. HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Tim Weitzel, Michelle Payne
MEMBERS ABSENT:
Wally Plahutnik
STAFF PRESENT:
Bob Miklo, Karen Howard, Sara Greenwood Hektoen
OTHERS PRESENT:
Sarah Hansen, Dana Figlock, Tom Walz, Libris Fidelis,
Peter Nathan
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6-0 to approve amendments to the Zoning Code regulating Drinking
Establishments and Alcohol Sales-Oriented Retail Uses and to establish minimum spacing
requirements of 500 feet between Drinking Establishments and 1000 feet between Alcohol sales-
Oriented Uses.
CALL TO ORDER:
The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
ZONING CODE ITEMS:
Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol
Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses.
Howard briefly summarized the matter before the Commission. She said the goal was to reduce or
prevent the concentration of bars and liquor stores in the community, particularly in the downtown area.
She stated that the City Council had directed Staff to draft regulations with the goal of reducing the
concentration of bars and liquor stores in the community, particularly in the downtown area. The draft
regulations require a separation of 500 feet between bars and 1,000 feet between new liquor stores.
Howard said the goals and policies of downtown according to the Comprehensive Plan and the Zoning
Code support reducing the concentration of bars and liquor stores. She said one of the stated goals of
the Comprehensive Plan is to encourage continued investment in the downtown and to assure its place in
the community as a cultural and commercial center. She said in the Zoning Code it states that the
purpose of the Central Business Zone is a high density, compact pedestrian-oriented shopping, office,
service, and entertainment area in Iowa City. It is intended to accommodate a wide-range of retail,
service, office, and residential uses. Howard said there is a concern that the concentration of alcohol-
Planning and Zoning Commission
April 16, 2009 - Formal
Page 2
related uses such as bars and liquor stores predominate to the extent that it is preventing a diversity and
balance of other uses that ensure a healthy economy in downtown as envisioned by the Comprehensive
Plan and the Zoning Code. She said that was also confirmed by a market study recently done for
downtown. The consultants who performed this study said Iowa City needs to do a better job diversifying
uses downtown, that there is too much of this single use. Howard showed a visual aid representing the
approximately 50% increase in Class C liquor licenses issued for the area in the last ten years.
Howard said the Staff recommendation is to: 1) Establish either a 250 or 500 foot separation between any
new drinking establishments throughout the community in any commercial zone where they are allowed.
She said that in staffs view either 250 ft or 500 ft. separation standard would be effective in meeting the
goals of the City Council. 2) To establish a minimum of 1000 foot separation between alcohol sales
oriented uses, Le. liquor stores and convenience stores, but establishing this regulation just in the central
business zones which are comprised of the CB1 0, CB5, and CB2 zones.
Howard said she would discuss the specific definitions of "drinking establishment" and "alcohol sales-
oriented retail" if there were questions.
Eastham asked about the reasoning behind proposed regulations which identify a establishing greater
regulation citywide for drinking establishments versus just regulating liquor stores in the downtown area.
Eastham identified the CN1, CH1, and CC2 zones as zones which would be regulated for drinking
establishments but not for alcohol retail uses. He asked about the possibility of limiting the regulation of
drinking establishments to the smaller number of zones predominantly found in the downtown area and if
there was a rationale for expanding the limitation of that use in other zones.
Howard said the request from Council was to consider citywide regulations. She said, therefore, the
different definitions used to define what a drinking establishment is and what a liquor store is informed the
decision to reduce the number of zones impacted. Staff defined a drinking establishment as a business:
1) whose principal activity is eating and/or drinking, 2) is licensed by the State to sell alcohol for
consumption on-site, and 3) is open on a regular basis anytime between the hours of midnight and 2:00
a.m. Howard said by not using a "Percentage of Sales" to define drinking establishments the regulations
would be easy to implement citywide as requested by council, would not require much administrative
time, nor would they cause difficulty for businesses to be classified. Howard said for liquor stores,
however, "Percentage of Sales" was an element of the definition and therefore could be burdensome for
some businesses, including grocery stores, which would have to submit income statements to the city
every year when obtaining a liquor license. She said that staff felt that it was a rather heavy regulatory
burden to place on these businesses given that there has not been much evidence of a concentration of
liquor stores in other parts of the community_
Freerks asked if there were other questions for Staff from the Commission. As there were none, she
opened the public hearing.
Sarah Hansen, Associate Director for Education at the University of Iowa Student Health Service, spoke
about research on alcohol showing the relationship between outlet density, alcohol consumption, and
alcohol related consequences. She felt this information could assist the Commission when considering
alcohol regulations. She summarized two research approaches: 1) Research can focus on a point in time
and might look at the number of establishments or consumption, for example Iowa City in 1995, or; 2)
Research can look at a community over time. Hansen referred to earlier staff slide showing increase in
alcohol licenses over the last ten years as an example.
Hansen said she will address first the relationship between alcohol establishment density and alcohol
consumption, then on alcohol establishment density and the consequences, specifically its relationship to
violence. There have been a lot of studies on outlet density and consumption and most have shown that
in areas with greater density there is greater consumption. She said not all studies have shown that, and
some research shows it makes a difference what role the establishment plays within the community. She
said if the establishment is used mainly for cultural gathering or aspects of the neighborhood they may
not necessarily be associated with an increase in consumption. However, she said, on the whole,
research does support the relationship. Hansen said Iowa City was a part of a study that looked at
Planning and Zoning Commission
April 16, 2009 - Formal
Page 3
college towns and high outlet density. She said that study did find that towns with high outlet density
experienced college students with heavier drinking, more alcohol-related negative consequences, and
more frequent drinking overall. She said greater alcohol outlet density is also associated with higher
consumption at younger demographics, though she noted there are other factors for that as well.
Hansen said perhaps the strongest relationship in research literature is between high outlet density and
violence and crimes in communities. She said there is a very strong relationship over time and as density
increases communities can expect more crime of various types, including assaults, crimes against
property, vandalism, theft, and more serious crimes. She said this has been studied in various ways,
including zip codes, street blocks, city blocks, census tracts, neighborhoods and across all those
measurements the relationship is clear that neighborhoods with greater alcohol outlet density experience
more negative consequences. She said it is not known why that happens but research supports many
reasons. Hansen pointed out it can be the result of the sheer number of people in a given area, the
effects of alcohol on lowering inhibitions, and the area providing opportunity for perpetrators of crime.
She said, as an example, an individual inclined to start a fight probably would not choose Sycamore Mall
because it would be clear who the instigator was. In a downtown area, however, where many people are
present, many are already under the influence of alcohol, and some individuals might already be loud, an
individual might be more likely to engage in certain negative behaviors, and would possibly benefit from a
certain degree of anonymity within the crowd.
Hansen gave specific research examples of how outlet density increases impact crime. She said for a
study of L.A. County including with populations over 10,000 a town of about 50,000 could expect with
each additional alcohol outlet about 3.4 additional assaults per year. Similar research in Cleveland which
looked at the city block level and multiple crimes found that every crime type increased as alcohol outlet
density increased and each added outlet per block would add about 3.3 crimes per year per block.
Hansen said there are also medical and health consequences to the density of alcohol outlets. She said
a study in California determined that transports to Emergency Rooms increased with the density of
outlets. She said that outlet density also changes community norms, what is accepted and what is not.
Hansen concluded with what is still unknown about zoning and outlet density. She said the Center for
Disease Control does recommend regulating the density of alcohol outlets as a strategy for addressing
problems associated with alcohol use in communities but that more research is needed which looks at
change over time. She said it is also hard to predict what improvements can be expected by a
community at one level of outlet density by decreasing to a lower level of outlet density because density
and changes in zoning take many years to take place and research hasn't been done long enough to
document positive changes.
Hansen turned over the floor to colleague Dana Figlock and mentioned that Dr. Peter Nathan was here to
answer questions as well.
Figlock, a graduate student in Clinical Psychology focusing on binge drinking, presented some of her
master's thesis research. She said that while looking at very high binge drinking rates she wondered
whether there were any specific social or contextual factors unique to Iowa City that might be associated
with high rates of binge drinking. She said outlet density was one of the factors she looked at. She
pointed to slide showing Class C liquor licenses issued in the CB10 zone. In 1983 18 licenses were
issued, in 2005 when she stopped collecting 43 licenses were issued. She said she thought she heard
that in 2009 54 licenses were issued establishing a pretty sharp increase over 26 years not
commensurate with the student body increase at the University of Iowa.
Figlock said she also wondered whether increased outlet density would result in increased levels of
alcohol consumption. She said because it was impossible to go back and collect actual estimates of
consumption levels she used alcohol related citations issued as a proxy for consumption levels. She said
she realized this would be an underestimate of student drinking since less than 10 percent of the student
body reports having an altercation with police. Figlock pointed to slide showing liquor law violations,
public intoxication violations, and OWls, and noted that there is a sharp increase over the same period of
time and that it is highly correlated. Figlock recognized potential increases in enforcement to partially
Planning and Zoning Commission
April 16, 2009 - Formal
Page 4
explain the sharp increase in violations in 1996. She pointed out, however, the concurrent rise in
violations with alcohol outlets and says it is a significant relationship even after controlling for changes in
population.
Eastham asked to see Figlock's first slide and asked if the increase begins in 1999 or 2000. Figlock said
the graph represents a time period beginning in 1983 and going until 2005 with the increase beginning in
about 1997.
Greenwood Hektoen asked Figlock to clarify what is meant by "outlet," if it means liquor stores and bars.
Figlock said her research used Class C liquor licenses (which are the license issued to bars).
Hansen returned to the microphone to clarify that her research went across types of outlets but the
relationships she discussed with the Commission are stronger with bar licenses.
Freerks asked if there were other questions.
Eastham asked Hansen about research between outlet densities and violence and the difficulty of
research to identify thresholds. He indicated he feels compelled to identify an allowed density.
Hansen indicated that the relationship between violence and outlet density is very linear; with higher
outlet density comes more violence. She said thresholds are difficult to figure out because they vary by
community. She said what research has had a more difficult time with is establishing what improvements
communities can expect with interval decreases in outlet density. She said research is still underway.
Hansen emphasize that it is clear what happens with continued increases in outlet density. She said
keeping density at a certain level would prevent further increases in negative effects associated with
alcohol outlet density.
Freerks asked if there were other members of the public who wished to address the Commission.
Tom Walz, Executive Director Uptown Bill's Small Mall and Extend the Dream Foundation, spoke to how
his organizations are affected by alcohol establishments. He noted in the last few years two liquor stores
have opened on each side of his establishment, approximately 30 and 60 feet away. He expressed
concern regarding the impact of alcohol establishments on property values and the ability to sustain his
non-profit program which serves handicap people and people in recovery in a convenient location to the
Capitol House and Ecumenical Towers and low-income apartments nearby. Walz said in 2001 his rent
was $11 per square foot but has been notified to re-new his lease will cost $20 per square foot which is
beyond his means. He said the increase cost will drive him out and hurts the ability of the community to
sustain diversity of businesses in the downtown area. He said alcohol establishments are the only type of
business that can afford the high rents.
Libris Fidelis, Founding Director Iowan's for Economic Human Rights, supported the distance
requirements for alcohol establishments. Fidelis wondered whether distance requirements will result in
the rest of the city experiencing the same negatives consequences associated with alcohol
establishments now experienced in the downtown. He noted, though, that the density downtown also
gives the city a bad reputation. Fidelis said he lives at Capitol House and is bothered by the noise of
individuals in surrounding communities that make Iowa City a destination point for alcohol consumption.
He said spreading alcohol establishments out throughout the community will have less negative effects,
including reduced "bar crawls." Fidelis proposed requiring establishments to sell food along with alcohol
to be consumed on-site,
Peter Nathan, Emeritus Professor at the University of Iowa, commented on the themes of alcohol
consumption, alcohol outlet density, and violence. He said they differ in their relationships with each
other. He Said researchers don't know and haven't been able to determine whether density increases
consumption or whether increased consumption increases outlet density; there is a reciprocal
relationship. He said what is not reciprocal, though, is the relationship between consumption and
violence. Nathan said there is no question that increased consumption results in a greater likelihood of
violence.
Planning and Zoning Commission
April 16, 2009 - Formal
Page 5
Freerks asked if there were any more public comments, or any individuals who wished to speak a second
time. Seeing none, public hearing was closed.
Freerks asked for a motion.
Busard moved to approve the zoning code item for alcohol distance requirements of 500 feet for
bars and 1000 feet for liquor stores.
Weitzel seconded.
Busard said he didn't know whether the zoning amendment would decrease the negative consequences
of binge drinking, but it couldn't hurt. He said it is unfortunate that there is sufficient density now to
support current drinking habits. He said the proposal is in conformance with the Comprehensive Plan
and the Downtown Strategic Plan. Busard said he worries that at some point the downtown will reach a
tipping point when the downtown will become an exclusive entertainment district catering to college kids,
instead of a family-friendly mixed-use district. He, therefore, supports the amendment.
Weitzel said he also supports the amendment. He said rather than a specific entertainment district for
use by college-aged individuals, the market study supports the notion that the general population wants a
downtown available for all to use. Weitzel said the purpose of zoning is to limit those things which
become a bad influence on the community. He addressed concerns expressed by the business
community regarding the idea of a fair market value and rhetorically questioned if alcohol establishments
are really those things why not distribute these economic centers throughout the community.
Payne said she thought some sort of ordinance is a good idea but didn't know if 500-feet separation for
bars is a good idea. She said she was fine with the 1000 foot distance requirements for liquor stores.
She thought the same benefits could be achieved with a 250 foot or 300 foot separation requirements for
bars. She asked about the protocol of expressing support for the idea while disagreeing with the specifics
of the amendment.
Freerks said a lesser footage could be discussed even before a motion to amend was offered. Payne
said she wished to hear others' ideas.
Freerks asked Staff what the effect would be south of Burlington, especially on Burlington, with a reduced
distance requirement.
Miklo responded that the immediate consequences of reducing the distance requirement to 250 foot
would be limited. He said because there are enough establishments currently located downtown that a
distance requirement of 250 feet would provide very few gaps to locate a new bar but that 500 feet may
be more effective over the long-term if the goal is to reduce the number of alcoholic establishments in the
downtown area.
Howard said the area South of Burlington is an area of concern if the interest is to expand downtown into
that area. She said density needs to be considered for this area as new development occurs in light of
what has happened along South Gilbert Street. Howard showed maps illustrating the difference between
the 250 feet distance requirements and 500 feet distance requirements. She said a reduced distance
requirement would open some space for some new venues but then those venues would be required to
be separated 250 feet.
Payne said she thought there would only be room for one new venue south of Burlington with a 250 foot
distance requirement unless the venue was located far enough away to permit another establishment.
Miklo said the commercial area would potentially extend farther south.
Freerks said the goal is to expand downtown south of Burlington Street. She said a reduced distance
requirement merits conversation but that they need to look at the goal.
Planning and Zoning Commission
April 16, 2009 - Formal
Page 6
Howard said a member of the public spoke to alcohol outlet density along South Gilbert. She said having
no distance requirement south of Burlington Street will result in an outlet density similar to downtown.
Eastham asked about the map showing six alcohol outlets along South Gilbert Street. He asked for
confirmation that at least two of those have been in existence for some time and that they were all bars
and no liquor stores. Howard said she thought a number of new bars have been established along S.
Gilbert. She also said there were two recently opened liquor stores represented on the map. Miklo and
Howard pointed to three new alcohol establishments. Payne said one of the "new" establishments had
previously been a drinking establishment.
Howard emphasized that the market is there to perpetuate an outlet density south of Burlington Street
similar to downtown with the absence of distance requirements between alcohol establishments. Payne
said she wasn't suggesting the absence of distance requirements south of Burlington Street but was
attempting to question what the distance should be. Miklo said 500 feet will be more effective, that 250
feet will be effective, at least in the downtown.
Busard said he agreed with Miklo, that a distance requirement of 250 feet is only effective to the point of
the Central Business District and that once the downtown is expanded new bars will be established.
Busard said that with a distance requirement of 500 feet the area for potential downtown expansion is
covered until Court Street.
Eastham said he would like more discussion but is ready to support a reduced distance requirement if
Payne offers an amendment to the Motion to reduce separation distance for drinking establishments to
250 feet. He said the difficulty is in finding a distance that doesn't allow any additional drinking
establishments in the CB10 zone and probably in the CB5 zone since those encompass the downtown
area without unduly limiting the location of new drinking establishments in more outlying areas. His
concern is to reduce the unnecessary consequences for businesses. He said he doesn't disagree with
reducing drinking establishments in the downtown area. Eastham said there is plenty of data to support
that that is allowed by the Comprehensive Plan and that it is a good strategy for the community to pursue.
He said he questions whether this approach will accomplish the stated goal in a rational length of time.
Eastham said he doesn't think reducing the distance requirement from 500 feet to 250 feet will
compromise the goal of reducing alcoholic establishments in the downtown area.
Miklo offered to add information. He said outside of the downtown area, for instance the CC2,
development is less concentrated due to parking lots, shopping centers, etc. so business tend to be
farther apart whether you restrict it or not. He said that due to the nature of things being spread out
businesses are not likely to be burdened by a 500 foot distance requirement. Howard added that the
definition of drinking establishment also only affects those businesses that stay open past midnight and
doesn't impact every business with a liquor license. She said businesses, such as restaurants that serve
alcohol and close by midnight will remain unaffected. She said it seems the preponderance of
businesses that remain open past midnight are located downtown.
Eastham said he doesn't have enough information to say for sure that a 500-foot requirement would not
have undesirable consequences for businesses in other zones.
Eastham moved to amend the motion on the floor to reduce the separation requirement for
drinking establishments in proposed zones to 250 feet.
Payne seconded.
Payne said the 250 foot distance requirement will have the desired effect in the downtown area.
Freerks disagreed. She said 500 feet is the appropriate distance. Freerks said there is a lot of territory
that needs to be planned for and that the opportunity to address the issue now avoids having to address
the issue in the future. She said she is convinced there will be a negative effect outside of downtown.
Planning and Zoning Commission
April 16, 2009 - Formal
Page 7
Busard said as we expand the downtown a distance requirement of only 250 feet allows greater
opportunity for a bar to open. He said he would rather address it now rather than leave it to a future
commission to address when problems arise. Busard said it also provides for stability for business
owners that then know a distance requirement won't be expanded at some future point.
Koppes said she agrees with Eastham. She said we need to look at the whole community and not just at
the downtown.
Weitzel said he is convinced a 500 foot distance requirement is the right approach. He said we are past
the point where this issue should have been addressed. He said as a city we have tried other
approaches without success and in the meantime more bars have been established. Weitzel said he
doesn't think any bars will close in the near future because it would require the loss of the liquor license
for over a year.
Freerks called for a vote.
The amendment to the motion to reduce the distance requirement from 500 feet to 250 feet failed
3-3 (Freerks, Busard, Weitzel voting against).
Freerks asked for further discussion.
Koppes addressed the distance requirements for liquor stores. She pointed to Uptown Bill's Small Mall
and the liquor stores surrounding, She asked whether liquor stores could simply locate in CC2 zones,
such as the one currently occupied by The Mansion on the corner of Gilbert Street and Bowery Street,
and whether that would exempt them from the distance requirements. She said that by focusing on
downtown pockets of alcohol outlet concentration could occur in unexpected places. Koppes said
including only the "CB" zones in the distance requirements are problematic.
Freerks confirmed that Koppes is interested in increasing the zoning area covered by the distance
requirements for liquor stores. Koppes identified a number of CC2 zones along South Gilbert of concern.
She said CC2 zones do not regulate liquor stores.
Freerks asked if there was wording that would cover other zones within the intended distance of alcoholic
establishments in the CB Zones. Greenwood Hektoen said language would probably have to be included
regarding regulation in a CC2 zone, Miklo said liquor stores in a CC2 zone could be a provisional use
unless it is within 1000 feet of "CB" Zone. Howard said it could be written so that the CC2 is regulated if it
is within 1000 feet of a Central Business zone. She said it would need to be determined that that is the
only zone within 1000 feet of the "CB" zones and that use would have to be made provisional. Miklo said
one thing to consider is to vote on the proposal as is and a second recommendation that the Council
consider an ordinance for any Community Commercial Zone within 1000 feet of CB5 zone. Miklo iterated
that staff has not looked at that closely and would need time to determine how the regulation should be
written.
Freerks said it would be good for the Commission to proceed this evening. She said the Commission can
revisit the possibility of a second recommendation once the Commission has determined its desired
course of action.
Eastham asked for clarification on why liquor stores are disallowed in C01 zones. Howard answered that
liquor stores are not allowed in C01 zones because C01 zones are intended primarily for office uses.
She said that there are no liquor stores or bars currently located in the CO-1 Zone and it didn't seem like
a good zone to allow them in the future. Miklo said liquor stores are not allowed because they are a retail
use.
Eastham said he would support the zoning amendment for distance requirements of 500 feet for bars,
though he felt pained to do so. He said what he supports is the regulation of the number of drinking
outlets to some reasonable number. Eastham said after listening to others' comments, he doesn't know
what that number is. He said he knows the community is very interested in changing the use and conduct
Planning and Zoning Commission
April 16, 2009 - Formal
Page 8
of commercial establishments in the downtown area, and that is a laudable goal. He said he would prefer
an approach that focuses on density rather than separation because that accomplishes the goal of
reducing the number of outlets while giving owners greater flexibility in deciding where those outlets are
located. Eastham said he has been unable to come up with a suggestion for a density approach that
could garner support. He said another issue regarding the proposed ordinance is uncertainty about
whether the number of drinking establishments in the CB10 zone will actually be different ten years down
the road because of the lack of an enforcement mechanism to actually reduce the number of
establishments with the distance approach. He said he is generally reluctant to support zoning measures
that are ineffective in accomplishing their stated goals. He said he will support the proposal despite
reservations.
Koppes expressed concern that by grandfathering the existing bars it would increase those property
values for the approximately fifty properties currently allowed to sell alcohol. She said she will support the
proposal despite mixed feelings because of the reasons stated by Eastham and the potential expense for
new ownership. She said she would rather treat liquor stores consistently throughout the city instead of
just downtown. She encouraged continued exploration of regulating liquor stores outside downtown.
Payne agreed with Eastham and Koppes. She said she also has reservations but that something has to
be done, and if 500 feet is the starting point she will support that.
Weitzel said he considers the testimony from the University of Iowa researches expert testimony
regarding the correlation between outlet density and consumption and the correlation between alcohol
consumption and violence. He said he also considers the staff proposal expert advice and that he will
support the proposal.
Freerks said she sees the downtown with one dominant use that is becoming the most viable use and
that doesn't help us to reach the goals established by the community for a viable and diverse commercial
area downtown. She said there are no guarantees about the effectiveness of the proposal now or over
time but that some steps need to be taken to repair damage being done to the commercial district and to
address the fact that downtown has become a destination spot for drinking in the state. She pointed out
that Council has asked them to address this issue through zoning. She said she was comfortable tying
this issue to the viability of downtown and that over time a number of positive effects may result. Freerks
said she was happy to see the level of community input and the involvement of the University of Iowa to
offer information. She said she has struggled with some of the things that Koppes said regarding the
potential increase in property value but said she doesn't feel the Commission ever guarantees the value
of properties. She pointed out decisions made by the Commission often affect the value of a property but
that the Commission needs to consider the community as a whole, Freerks said it is uncertain what use
will be most economically viable in the future, that it may not be alcohol related. She said she does
support the proposal.
Busard said he wants to do everything possible to support a downtown with a mix of uses. He said he
wants to be able to take his family downtown without tripping over the consequences of over consumption
of alcohol and that the proposal is a very good step to achieve that.
Freerks said all is not lost downtown but that this is a proposal that can strengthen the qualities of
downtown.
Freerks called for a vote.
A vote was taken and the motion carried 6-0.
Freerks addressed the concern of the Commission regarding what happens in the CC2 zones
surrounding the downtown area. She said if the Council wish to address the potential of liquor stores
relocating to other zones, the Commission feels such a discussion has merit.
Planning and Zoning Commission
April 16, 2009 - Formal
Page 9
CONSIDERATION OF MEETING MINUTES: March 30 & April 2. 2009:
Eastham offered a correction to the minutes.
Payne motioned to accept the minutes as amended.
Weitzel seconded.
The minutes were approved on a vote of 6-0.
OTHER:
Miklo spoke to property owner notification for the Northside local historic district. Miklo said the property
owner complaining at the last meeting that he was not notified had in fact received three letters, originally
to the address listed on the Assessor's website and later to his home address after Staff had received a
call from the property owner upon seeing signs in the neighborhood notifying of the public hearing. Miklo
said individual complaints about meeting notice often come from individuals attending the meeting.
Freerks said it was helpful to know things are being done properly.
Weitzel said he shared Freerks's concern because the breakdown in the notification process held so
much weight with the City Council the last time the local historic district was considered.
Greenwood Hektoen mentioned the Council on Monday April 20,2009 will set the public hearing for the
zoning amendment just approved by the Commission. She said at that time the moratorium will take
effect the morning of Tuesday April 21, 2009.
Miklo said there was some concern due to recent vacancies downtown.
Freerks said she is scheduled for the next City Council meeting.
Miklo said Country Club Estates is still a concern to neighbors. He said the Council initially approved it 5-
2 on first reading then asked for further information regarding the wetlands and asked the wetlands
specialist to attend the next meeting.
Greenwood Hektoen mentioned the lawsuit regarding the Shelter House site plan against the Planning &
Zoning Commission was dismissed. The dismissal has been appealed.
Miklo said approximately 120 people attended the Southeast District Planning Workshop and that Staff
will continue to keep the Commission apprised of the progress.
Eastham asked if Staff could give a presentation in the future about the newly released JCCOG bike trail
plan. Miklo agreed that it was a good idea and would look into it.
ADJOURNMENT:
Payne motioned to adjourn.
Weitzel seconded.
The meeting was adjourned on a 6-0 vote at 8:36 p.m.
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