HomeMy WebLinkAbout06-02-2011 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Thursday, June 2, 2011 - 7:00 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. Code Amendment Item
Discussion of an amendment to Title 14, Zoning Code, to add a definition of "Parental Group Home"
as a type of Group Household, where up to three single parents could live together with their
babies/toddlers in a single dwelling unit for purposes of social and/or economic support.
D. County Conditional Use Item
Consider a request submitted to Johnson County by Michael and Helen Rittenmeyer for a
Conditional Use Permit to allow a truck and equipment storage business as a home business for
property located in the Agricultural (A) zone at 4525 Taft Avenue SE. This property is within Area B
of the Johnson County/Iowa City Fringe Area.
E. Consideration of Meeting Minutes: May 16 and May 19, 2011
F. Other
G. Adjournment
* Meeting cancelled due to holiday
Parental Group Home: A type of group household containing not more than three teenagers
or adults and up to four children under five years of ape, each of whom is related by blood to at
least one of said teenagers or adults, placed in a residential dwelling unit by a government or
social service agency and occupying said dwelling unit as a single housekeeping unit for
purposes of social and/or economic support.
Amend Subsection 14-4A-3A, Household Living Uses, subparagraph 2a, as follows:
a. Group Households
Group Households include only the following specific uses: elder family homes, elder
group homes, parental Group homes, and family care homes, as defined in Article 14-
9A, General Definitions.
Amend Subsection 14-4B-4A., Residential Uses, subparagraph 6a, as follows:
a. The proposed use must meet the definition of elder group home, elder family home,
parental Group home, or family care home.
Approved by:
~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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CITY OF IOWA CITY
MEMORANDUM
Date: June 2, 2011
To: Planning and Zoning Commission
From: Sarah E. Holecek, First Assistant City Attorney
Jann Ream, Code Enforcement Assistant
Karen Howard, Associate Planner
Re: Parental Group Homes
Jim Swaim, director for United Action for Youth, has inquired about occupancy restrictions
under a residential program where they provide housing to teenage mothers. They will be
getting a HOME grant to purchase property for a program where they provide this housing. In
the past, they have run into problems with occupancy of rental units, as they prefer to have two
moms together with their infants to provide mutual support. Since most of the residential zones
only allow for one family or 3 unrelated persons within a dwelling unit, two unrelated mothers
with their two infants constitutes an over-occupied situation.
What UAY wishes to do is have a small group of teen mothers living together in a situation
where they would be receiving supportive services (i.e. parenting classes, work skills,
education) from an area non-profit (In this case, the UAY transitional teen living program).
Notably, City STEPS addresses the need to assist "unaccompanied minors" financially and
through programs, so there is some acknowledgement of the need in the community and an
expressed political will to facilitate this type of housing.
To allow for this agency-supported use, we propose that a new definition of "Parental Group
Home" be added to the zoning code. As proposed, a Parental Group Home" would be
considered a "group household" for purposes of zoning and therefore would be allowed within
any housing type allowed in the subject base zone. Up to three pregnant teens or young adults
could live in one dwelling unit and be considered one household, similar to any other group of
three unrelated individuals. Once the babies are born, the parents and their babies would meet
the new definition of "parental group home" and would continue to be allowed within one unit
as a "group household."
To add this new category of group household, staff recommends amending the zoning code as
follows:
In Article 14-9A, General Definitions, modify the definition of Group Household and add a
definition of Parental Group Home, as follows:
Group Household: A family care home, elder family home, parental group home, or elder
group home, as defined in this Title, wherein a collective number of individuals live together in
one dwelling unit as a single housekeeping unit, where the relationship between the individuals
is of a regular and permanent nature and has a distinct domestic character, similar to a tamily.
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~~,I~.®~~ CITY OF IOWA. CITY
MEMQR~N
DuM
Date: June 2, 2011
To: Planning and Zoning Commission
From: Erika Skemp, Intern
Re: Conditional Use Permit Application: Rittenmeyer Trucking Co.
Rittenmeyer Trucking Co. has submitted an application to the Johnson County Board of Adjustment for a
Conditional Use Permit to allow operation of a truck and equipment storage business as a home business
at 4525 Taft Ave SE.
The property is located on the west side of Taft Ave SE approximately 3000 feet south of its intersection
with Highway 6 in Scott Township, outside of the City's growth boundary but within Fringe Area B of the
Fringe Area Policy Agreement. The Johnson County Ordinance requires that cities be allowed to review
Conditional Use Permits within their extraterritorial jurisdiction. Conditional Use Permits in Johnson
County require a 4/5 majority vote of the Board of Adjustment to approve if the use is opposed by a vote
of the City Council.
The current zoning of the site is Agricultural (A). To the south, west, and north of the property is
agricultural zoning. Also to the north and to the east of the site is residential zoning, with a nearby
manufactured home park and RV storage.
The applicant wishes to store his businesses' three dump trucks, three earthmovers, a Bobcat tractor and
a dirt pulverizer on site. The hours of operation would be limited to 7AM until 5PM on weekdays and 7AM
until 12PM on Saturdays to reduce potential disturbance that the movement of heavy equipment may
have on the nearby manufactured home park. Two non-family employees will work from this site and will
pick up the dump trucks and other equipment for transport to a job site. No business, other than storage,
will be conducted at this location.
As noted above, the proposed site is outside of the Iowa City growth boundary and is therefore unlikely to
have negative impacts on existing or planned development within Iowa City in the near future. However,
the future land use of the area is uncertain and as the city expands into growth areas it is important to
ensure compatible land uses. If the County chooses to approve the Conditional Use Permit, staff
recommends that it be limited for a term of 10 years. At the end of the 10 year term the status of city
growth within the area could be reassessed. If it is determined that the city is not growing in that direction
the County could then consider reapproving a Conditional Use Permit, however if growth patterns indicate
that the trucking business has become incompatible with development in the area, the County could
choose to not extend the permit.
Staff Recommendation
Staff recommends that the City forward a letter to the Johnson County Board of Adjustment
recommending that if a Conditional Use Permit is granted to allow a truck equipment and storage
business at 4525 Taft Avenue, it be limited to a period of 10 years with the possibility of future renewals.
~~
Robert Miklo, Senior Planner
Dept. of Planning and Community Development
Attachments: 1. Location Map
2. Aerial View
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PRELIMINARY
PLANNING AND ZONING COMMISSION
MAY 19, 2011 - 7:00 PM -FORMAL
LOBBY CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Michelle Payne,
Tim Weitzel
MEMBERS ABSENT: Wally Plahutnik, Carolyn Stewart Dyer
STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen, Doug
Boothroy
OTHERS PRESENT: Anne Bendixen, Paula Swaggard, Curt Ranshaw, Ron
Christenson
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 4-0 (Eastham abstaining; Plahutnik and Dyer absent) to
recommend approval of CPA11-00002, an amendment to the Comprehensive Plan to
change the land use designation from Single-Family/Duplex Residential to General
Commercial for property located at the northeast corner of the intersection of Highway 1
West and Hudson Avenue.
The Commission voted 4-0 (Eastham abstaining; Plahutnik and Dyer absent) to
recommend approval of REZ11-00008, an application submitted by Ranshaw Limited
Partnership for rezoning from Medium Density Family Single (RS-8) zone to Community
Commercial (CC-2) zone for approximately .69 acres of property located at 1014, 1016
and 1022 Hudson Avenue subject to a Conditional Zoning Agreement addressing
neighborhood compatibility.
The Commission voted 4-1 (Eastham voting no, Plahutnik and Dyer absent) to
recommend approval of amendments to Title 14, Zoning Code, Chapter 4, Use
Regulations, Article D, Temporary Uses to add the new temporary use "football game day
commercial vending" to provide specific approval criteria for football game day
commercial vending and Chapter 9A, Definitions to define tailgating.
The Commission voted 5-0 (Plahutnik and Dyer absent) to send the following statement
to the City Council regarding football game day activities in neighborhoods near the
stadium: Activities associated with University of Iowa football games result in serious,
trash, litter, and public urination issues for the Melrose Avenue neighborhood. The
neighborhood and Melrose Avenue commercial vendors agree that there is a need for
more trash containers, litter clean-up and portable toilets. The University of Iowa has the
primary responsibility to address these issues. Therefore the Planning and Zoning
Planning and Zoning Commission
May 19, 2011 -Formal
Page 2 of 9
Commission recommends to the City Council that staff be directed to meet with the
University of Iowa officials to develop a plan to help address game-day trash, litter, and
public urination problems.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
COMPREHENSIVE PLAN ITEM:
CPA11-00002: A public hearing to amend the Comprehensive Plan to change the land
use designation from Single-Family/Duplex Residential to General Commercial for
property located at the northeast corner of the intersection of Highway 1 West and
Hudson Avenue.
Eastham noted that he has a conflict with this item and the next item on the agenda, and will not
be participating in consideration of those matters.
Kuecker noted that the applicant has requested that the Comprehensive Plan be changed to
show this area as commercial rather than residential. Kuecker said that in 1991 members of the
Miller Orchard neighborhood requested that the Comprehensive Plan be changed to sho~r tha
area as residential. Prior to that time, there had been several rezoning requests for two of these
parcels and the neighborhood felt that by changing the Comprehensive Plan designation they
could prevent future rezoning requests, keeping those parcels zoned residential. Kuecker noted
that in 1991, staff had recommended against changing the designation from commercial to
residential; however, the Planning and Zoning Commission and City Council voted to make the
amendment. Kuecker said that staff's opinion continues to be that these properties are
appropriate for commercial development. She said that the general principals of the
Comprehensive Plan encourage commercial development along arterial streets like Highway 1.
Kuecker noted that the subject properties are surrounded on three sides by commercial
properties, and that zoning them commercial would make a clear demarcation between the
residential and commercial areas of the neighborhood. The Comprehensive Plan also
encourages commercial development in already-existing commercial centers as a means of
discouraging sprawl. Kuecker said that it is also a good planning principal to zone both sides of
a street for similar uses.
Kuecker noted that some neighborhood residents have expressed concerns about the rezoning
and Comprehensive Plan amendment; however, staff believes that the northern boundary of
these properties would clearly demarcate the commercial and residential parts of the
neighborhood. Staff is recommending approval of the Comprehensive Plan change.
Planning and Zoning Commission
May 19, 2011 -Formal
Page 3 of 9
Koppes noted that Lot 22 was not changed in 1991 when the other parcels were; she asked for
clarification. Kuecker said that at the time it had a commercial use, and is currently zoned
commercial.
Weitzel asked if there was any chance that the commercial uses would start to creep up Hudson
Avenue. Kuecker said that the conditions toward the northern parts of Hudson are not
conducive to commercial in the same way that these particular parcels are, so she did not think
that was a concern.
Freerks opened the public hearing.
Ann Bendixen, 902 Hudson, said that the neighborhood has been working since at least 199 to
keep these parcels residential. The Southwest District Plan, adopted in 2002, included this
residential designation. Bendixen said that the Miller Orchard Neighborhood Plan, which was
submitted to Council in 2009, represents the culmination of a lot of work by a lot of residents
and business owners from the neighborhood. Bendixen said that she would like to see
preservation of the existing housing stock, as is recommended in these plans. She said that
joint-decision making and plans are worthless unless use is made of them.
Paula Swaggard, 426 Douglass Street, said that though it does make sense to her to rezone
those three properties, her concern is that the commercial designation would creep into other
areas of the neighborhood based on a similar rationale.
Freerks closed the public hearing and invited a motion.
Weitzel moved to approve CPA11-00002, public hearing to amend the Comprehensive
Plan.
Payne seconded.
Freerks invited discussion.
Weitzel said that he thought the neighbors' concerns regarding "creep" of the commercial zone
into the residential neighborhood was a reasonable one. He said that nevertheless he did not
see a reason not to approve this amendment.
Payne said that she agreed with Weitzel. She said that Hudson Avenue is a beautiful tree-lined
street and she would hate to see the commercial continue to creep into it. She said that the
back lot-line on Douglas Court does provide a natural break for the separation of the
commercial and residential. She said that there should probably be a CZA to limit what can be
done on the lot. Freerks noted that that would be a rezoning matter and this was a
Comprehensive Plan item.
Koppes asked if there was anything more the Commission could do to ensure that the
commercial did not creep further up Hudson. Freerks said her understanding was that there is
not really any language in the Comprehensive Plan to address this; rather there is just a
designation on the map. Miklo said that one.of the zoning principles staff tries to follow is
making zoning changes at side or rear lot lines and not across the street from each other. Miklo
said that it is much easier to get a transition at side or back lot lines where there can be more
Planning and Zoning Commission
May 19, 2011 -Formal
Page 4 of 9
fencing and landscaping. Miklo said that he does not know that it is necessary to add more
language to the Comprehensive Plan as that has been the City's practice and policy. Kuecker
noted that there is language in the Comprehensive Plan saying that commercial should have
access to arterial streets, as well as language stating that the Miller Orchard neighborhood
should be preserved as residential.
Freerks said that she thinks this issue is more difficult than it appears, and that the
neighborhood is one in which good things are happening thanks to a lot of hard work on the part
of many community members. While she understands the concerns, she does believe that there
are factors that make this a change that makes sense. Freerks said she wanted to make very
clear that she does not want commercial any further up Hudson Avenue. She said that she
thought this change would even out the area and was a reasonable request and would be
supporting it.
A vote was taken and the motion carried 40 (Eastham abstaining; Plahutnik and Dyer
absent).
REZONING ITEM:
REZ11-00008: Discussion of an application submitted by Renshaw Limited Partnership
for rezoning from Medium Density Family Single (RS-8) zone to Community Commercial
(CC-2) zone for approximately .69 acres of property located at 1014, 1016 and 1022
Hudson Avenue.
Kuecker said that she wished to clarify a comment regarding lighting on the Paul's site that was
made at the last meeting. She noted that the City has provisions in its zoning code governing
lighting and HIS will ensure that any new lighting on site complies with those requirements. Staff
is recommending approval of this rezoning with conditions that prohibit the vehicular access
onto Hudson Avenue, a vegetative screen on the north side of the property, that the north and
Hudson Avenue elevation be a decorative wall for aesthetics purposes, and a building facade
incorporating traditional building materials such as brick or wood that has a more pedestrian
scale with windows, awnings and bike/pedestrian access, with views into the commercial space,
from Hudson Avenue.
Greenwood Hektoen asked if it was staff's recommendation that the property goes through
design review. Kuecker said that it is, and that the purpose of the design review would be to
ensure that those conditions are met. Freerks asked if these items had been discussed with the
applicant and Kuecker said that they have been.
Payne asked if Kuecker's recommendations for vegetative screening were intended to indica~e
a specific screening level, such as S2 or S3. Kuecker said that it would likely depend on the
building plan. Miklo said that at a minimum the S2 screening is required so staff would likely
recommend something taller than that. Koppes asked if that needed to be in the CZA and Miklo
said that he believed the design review committee would look at the specific plan and see what
is appropriate. He noted that the Commission could certainly put that in if they felt and S3
screen was appropriate.
Freerks opened the public hearing and invited the applicant to speak.
Planning and Zoning Commission
May 19, 2011 -Formal
Page 5 of 9
Curt Ranshaw, part owner of Ranshaw Limited Partnership, spoke on behalf of the application.
Ranshaw said that he is in agreement with staff recommendations and would just like to see the
application pass. He said there is no tenant at present so a specific building design has not yet
been proposed.
Anne Bendixen, 902 Hudson, said she had four points to make in regard to the application.
Bendixen said that she would like to remind everyone that Hudson Avenue is only one block
long, so changing just a few homes has a major impact. She said that the concern of the
neighbors is that Hudson will be nibbled away by commercial properties: the current properties
represent 10% of the street. She said that already there is commercial truck traffic on Hudson
Avenue and expanded commercial would further jeopardize children living in the area. Bendixen
said that she has always supported Paul's as a way of being a good neighbor. She said that she.
would like to see some reciprocation toward the neighborhood from Paul's. She said that
instead of beautification efforts from Paul's, she sees adult trees and bamboo plants being
taken down and she does not trust that more commercial development will be an aesthetic
asset to the community.
Paula Swaggard, 426 Douglas Street, said that she had e-mailed Commission members with
her concerns. She said that allowing any curb cut onto Hudson concerns her, as there is already
a lot of commercial traffic on the street. She said she has faith that the building design will
blend into the neighborhood, but she is concerned about the house at 1012 Hudson, as she
does not know how much of a buffer it will have from the building. Miklo explained that generally
commercial has a zero setback for side lot lines; however, if it is adjacent to a residential, it has
to observe the same setback. In this case, Miklo said, he believed that would be five feet.
No one else wished to speak to the issue and the public hearing was closed.
Payne moved to approve REZ11-00008, an application submitted by Ranshaw Limited
Partnership for rezoning from Medium Density Family Single (RS-8) zone to Community
Commercial (CC-2) zone for approximately .69 acres of property located at 1014, 1016
and 1022 Hudson Avenue, with design review and conditions stated in the staff memo.
Weitzel seconded.
Freerks noted that those conditions included the prohibition of a curb cut onto Hudson Avenue.
Koppes said that there is no semi-truck traffic on First Avenue, and wondered if Hudson Avenue
residents could contact someone to see about getting similar prohibitions on semi traffic. Miklo
said that Transportation Planners would be the ones to contact, though he said he knew they
were already studying that particular area for traffic calming measures. Koppes said it seemed
logical to prohibit truck traffic on Hudson Avenue. Payne said that at the very least a sign could
be put up.
Payne asked if the Commission wanted to say anything specific about the vegetative screening.
Koppes noted that the Design Review Committee would be looking at any plans. Greenwood
Hektoen advised the Commission to discuss what they wished to see and then the comments
would be in the record of the. minutes when the design review is done. Koppes said that if it is a
nice looking building it would be a shame to require it to then be covered up. Weitzel said that
was his concern as well. Freerks said that the idea is that the plantings will soften the tra:~sition
from the adjacent residential property to the commercial area. Freerks said that it would be good
Planning and Zoning Commission
May 19, 2011 -Formal
Page 6 of 9
for the City to try to see if the very nice street trees that are along Hudson can be maintained
when the sidewalk project goes in. Kuecker said she had spoken with the City Engineer, and
they said they are going to try to keep as many trees as possible.
Freerks said she would be voting in favor of this application as it is her belief that it can be done
well and be an asset to the neighborhood. She said that she would not want to see commercial
creep any further down Hudson Avenue, but this seems reasonable to her, particularly with
design review being in place.
A vote was taken and the motion carried 40 (Eastham abstaining; Dyer and Plahutnik
absent).
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article
D, Temporary Uses to add the new temporary use "football game day commercial
vending" to provide specific approval criteria for football game day commercial vending
and Chapter 9A, Definitions to define tailgating.
Doug Boothroy, Director of Housing Inspector Services, noted that there is a change to the
language governing signage so that it now only pertains to the location of the sign.
Greenwood Hektoen said that there had been discussions about the Magic Bus and whether or
not it could charge for the live music it offers. Greenwood Hektoen said that if there was a
charge to listen to the music then that would be considered a commercial game day use and
would be governed by the regulations being discussed. She said that if there was no charge, the
Building Official could review it as a temporary use for a concert. She said that it could possibly
be allowed so long as the use does not become commercial. Koppes asked if the same issues
would come up of there was agood-will donation and the area was still fenced off. Greenwood
Hektoen said that it would be for the Building Official to review. Boothroy said that one of the
advantages of these regulations is that there will be inspectors in the area, whereas before
there were not. Freerks said that the City Council had seemed like they wished to accommodate
the Magic Bus and the Magic Bus went through lots of hoops last year and received no
complaints, but that does not seem to matter because these regulations still do not allow them
to operate. Boothroy said that they would not be allowed to operate as a business. Freerks
asked if they could not operate as anon-profit. Greenwood Hektoen said that the City does not
distinguish between for-profit and non-profit businesses. She said that it is very difficult to draw
up some exception or regulation that allows the Magic Bus, but does not allow other ventures
that Council has specifically said that they do not want to allow. Koppes said that what she is
hearing is that if Magic Bus wishes to operate it could only operate on good-will donations. She
asked if they could then operate anywhere, and Boothroy said that if they were not a business
they could locate anywhere. He noted that if there was alcohol it could not be provided by the
Magic Bus; it would have to be "BYOB," just like any other tailgate. Boothroy said that opening
the regulations up to vending alcohol is not something Council would support. Koppes said that
she had spoken with Mayor Hayek and he had expressed that same sentiment. Freerks said
that she understood the dilemma, but she is trying to understand what it is that they can and
should control. She said that she has issues with eliminating a program that was cleanly run and
did good work.
Planning and Zoning Commission
May 19, 2011 -Formal
Page 7 of 9
Eastham asked if any of the vendors along Melrose had applied for a temporary use permit
under the current code. Boothroy said that they were not regulated under the current code and
nobody applied except The Magic Bus and the Stadium Club, which he required to apply.
Boothroy said that the City had notified vendors at the start of the 2010 football season that
there would be a permitting process effective with the 2011 season. Eastham asked if any of the
vendors had applied for a temporary use permit prior to the 2010 season and Boothroy said that
none had ever done so, nor has it been required. Boothroy said that the only things they had
regulated prior to 2010 were set-up and tear-down times and ensuring that there were no
permanent improvements made.
Eastham asked if the sale prices of the properties Boothroy had discussed in his memo were
reflective of the current market as well, and Boothroy said that he did not think they had sold
again.
Koppes said that there had been some discussion about allowing vendors to set up by 9:00 AM
rather than 12 PM, and that change was not reflected in the ordinance before the Commission.
Boothroy said that his opinion is that there could be traffic conflicts and congestion resulting
from a 9 AM start time, and so he had left the set-up time as 12 PM.
Freerks opened the public hearing.
Ron Christenson, 122 N Westminster, said that he is the owner of Game Day Iowa. Christenson
said that Game Day Iowa has had a temporary use permit in Iowa City for the past several
years to sell anywhere in the community. He said that they were explicitly told that they did not
have to have one for their Melrose location.
He said he had requested the 9 AM start time and he would really appreciate it as what they are
doing is not congesting anything. Koppes asked how long Game Day has to do set up in other
communities they travel to. He said that it is different in every community, but that he is
supportive of the permitting process and the efforts that have been put in to getting it done.
Boothroy clarified that there are no permits issued on the plaza by HIS; those are issued directly
out of the City Manager's office.
Koppes suggested a 10 AM set-up time to avoid both the lunch-time traffic and the early
morning work traffic. Boothroy said that 10 AM would be better than 9 AM, though in his opinion
the later the better.
The public hearing was closed.
Koppes moved to recommend amendments to Title 14, Zoning Code, Chapter 4, Use
Regulations, Article D, Temporary Uses to add the new temporary use "football game day
commercial vending" to provide specific approval criteria for football game day
commercial vending and Chapter 9A, Definitions to define tailgating, changing the
recommended set-up time from 12 PM to 10 AM.
Payne seconded.
Weitzel asked if there was interest in discussing how far east the vending can go. Eastham said
he would be in favor of discussing it. Freerks said she would rather not change it as there is one
Planning and Zoning Commission
May 19, 2011 -Formal
Page 8 of 9
vendor who uses that space. Koppes and Payne said they too would rather not change it.
Eastham noted that the Southwest District Plan encourages the preservation of the residential
character of the Melrose neighborhood. Boothroy had noted in his memo that sales in the area
had been selling at greatly inflated prices due to their commercial potential. Eastham said that
those prices are supported only by non-residential uses. The recommendation before the
Commission is to allow commercial uses in a residential neighborhood, whether they are
seasonal or temporary. Eastham said that allowing commercial uses in this neighborhood wiil
price out potential residential buyers. He said that this is an inevitable step toward
commercialization of this neighborhood in a way that is not supported by the Comprehensive
Plan or the zoning code.
Freerks pointed out that these are temporary uses, which are not actually addressed by the
Comprehensive Plan. Eastham said that he does not share that opinion, as he does not think
these are actually temporary uses. Freerks said that the proximity to the hospital, the University,
and the athletic facilities has much more to do with the cost of these homes than does game
day vending. Payne said there are a lot of homes in Iowa City that have sold for $500,000; she
said that the home Eastham was discussing was a fluke, as the use they wanted for it was
disallowed. Koppes said there are many places in the community that get the same temporary
use permits year in and year out, and the same arguments could be made against those
properties. She said that the fact that the vendors are putting their facilities up and down each
game day makes it a temporary use; they are not leaving them up from August through October.
Weitzel said that the increased property values have multi-variant causes. He said he did not
think that the 26 vendors being discussed are the reason for the increased property values. He
said that while the neighborhood does need to have its residential nature protected, the vendors
are not the entity from whom it needs protection. Payne said that the measures being discussed
will speak to this.
Greenwood Hektoen said that staff had considered imposing an overlay zone, giving zoning
rights for these types of uses, but decided against it. There will be no zoning rights or
grandfathering for these types of permits. Boothroy nosed that there are provisions which allow
the privilege to vend to be removed if there are re;~eat offenders. Eastham asked where else in
the city commercial vending in a residential zone would be permitted. Weitzel said that it would
be constructive to reduce Eastham's point to its bare essentials; namely, that the code should
not be approved because the vending should not be allowed. Eastham said that the
Comprehensive Plan does not support commercial uses in this area. Koppes said that City
Council does support it. Weitzel said because the use is temporary it sort of exists beyond the
scope of the Comprehensive Plan. Freerks agreed. Eastham said that his opinion is that the
uses are not temporary, but long-term and recurring. Weitzel said that he would not support a
motion to deny this matter. Koppes said that she will support it, but she certainly hopes that City
Council and HIS figure out a way to allow them to continue. She said she understands that there
is not a perfect solution, but she thinks there can be a solution of some kind. She said that these
are good regulations for evening the playing field for vendors, but she does want to see the
Magic Bus issue addressed and resolved. Weitzel said that it is important to be careful with this
historic, residential neighborhood. He said that there are decades of tradition with tailgating in
the neighborhood. He said the vendors are not the problem, and eliminating them would change
nothing. He said he is inclined to follow the direction given by Council. Payne said she agrees
that the vendors are not the problem on game day, but it is good to regulate part of what is
going on. Freerks said she is tern by this issue. She said she understands the concerns that the
neighborhood has, and this is a fairly creative compromise. She said that she does believe it is
Planning and Zoning Commission
May 19, 2011 -Formal
Page 9 of 9
important to figure out a way to creatively allow activities like the Magic Bus to occur. She said
she agrees with most of the criteria, but she would like to propose that something be done about
the public urination and trash issues that occur. Weitzel noted that he is not against the Magic
Bus or moderate alcohol consumption.
A vote was taken 4-1 (Eastham voting no; Dyer and Plahutnik absent)
CONSIDERATION OF MEETING MINUTES: Mav 2 & 5, 2011:
Koppes moved to approve the minutes.
Payne seconded.
The motion carried 5-0 (Plahutnik and Dyer absent).
OTHER:
Freerks suggested that the Commission make a recommendation to resolve some of the game
day issues that had been discussed in recent weeks. Recommended wording was as follow:
Activities associated with University of Iowa football games result in serious, trash, litter,
and public urination issues for the Melrose Avenue neighborhood. The neighborhood
and Melrose Avenue commercial vendors agree that there is a need for more trash
containers, litter clean-up and portable toilets. The University of Iowa has the primary
responsibility to address these issues. Therefore the Planning and Zoning Commission
recommends to the City Council that staff be directed to meet with the University of Iowa
officials to develop a plan to help address game-day trash, litter, and public urination
problems.
Payne moved to recommend this statement be sent to City Council.
Wetzel seconded.
Eastham said he is glad that the statement is being sent. Freerks said that there are some fairly
easy things that can be done to prevent some of the chaos, and this is a way of addressing
some of the real issues rather than pointing fingers at vendors. Weitzel said that this would go a
lot father to address nuisance issues than regulating vendors would. Freerks noted that this is
not about alcohol, but about trash, litter and public urination.
A vote was taken and the motion carried 5-0 (Dyer and Plahutnik excused).
ADJOURNMENT:
Koppes motioned to adjourn.
Payne seconded.
The meeting was adjourned on a 5-0 vote (Plahutnik and Dyer absent)
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