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HomeMy WebLinkAboutA002 - Minutes of Mayor's meeting on downzoning, November 18, 1981 MINUTES OF MAYOR'S MEETING ON DOWNZONING AMES, IOWA NOVEMBER 18, 1981 F. Paul Goodland, Mayor of Ames, had set the meeting to provide an opportunity for neighborhood representatives, developers, realtors and students to dis- cuss neighborhood issues and downzoning. The basic purpose of the meeting was to share concerns , to provide a forum for hearing and listening , to help communicate to the Council possibilities for a policy statement and decision, and to have the listening done informally and not within the context of either the Planning and Zoning Commission or the City Council . The meeting was called to order at 7 :30 p.m. in the Community Room of the First National Bank with Mayor Goodland presiding. Mayor Goodland had prepared a "white paper" on the downzoning issue which he summarized. One concern is the need for self-enforcement of rental housing . The enforcement should come both from those who own the property and from those who rent the property. Another is the conern for an exception for prop- erties that were purchased under the R-2 zoning classification in areas that are to be downzoned to R1-6. Also, the life style must be protected for those who have moved to an area for a family atmosphere. A fourth concern is the protection of low rent housing for students and others . Court cases on the issues of downzoning have varied decisions from case to case, but it generally appears that those who have purchased property are to have just compensation for the intended use. Two values are involved - human value and property value. Neighborhood compaints include noise, garbage and refuse, occupancy violations , front-yard parking, speeding and animals. The Mayor then opened the floor for comments from the audience. Scott Clark, Off-Campus Student Association, spoke of the Association which is in the process of being established to offer services and information to students , particularly those off campus . The position of the Association is that downzoning does affect students . Some of their concerns and ideas are: 1) since students are a major part of the community they deserve to be heard; 2) there needs to be communication between the students and the City; 3) de- signing a community is a challenge to form something that is desirable for everyone; 4) the main purpose of zoning is to ensure that the land is used to its best use for the health, safety, and welfare of the citizens ; 5) down- zoning defeats the health, safety, and welfare issue; 6) downzoning will not solve the problems of the neighborhoods; 7) downzoning lately has been focused on existing problems; 8) downzoning is not the only solution to the problems or the problems of the future; 9) there is a need for cooperation within the community; 10) more rental housing will be needed in the future; 11) people need to become more involved; 12) the first step is to get stu- dents and residents working together and then have realtors and landowners become involved; 13) there needs to be more strict enforcement of owners the Rental Housing and Zoning Codes; 14) when a problem does come up, deal with the rentors involved first before involving the realtor or owner; 15) the "Hammer Amendment " (the Zoning Ordinance requirement, that in areas zoned R-2 no two-family dwelling may be constructed or a structure converted to a two-family dwelling until the Zoning Board of Adjustment issues a permit for the same) is very viable and will provide for communication between people. Mr. Clark offered the assistance of the Off-Campus Student Association to help work towards a solution of the problems. NOVEMBER 18, 1981 10INUTES - DOWNZONING . PAGE 2 of 4 Linda Bunton, 126 S. Franklin, wanted to make the point that neighborhood associations are not anti -student, what they are against are irresponsible people whether they be students or landlords. Mrs . Bunton disagreed with Mr. Clark ' s statement that there will be a continuing need for more housing. She spoke of houses in her neighborhood that have not been rented for some time and did not feel that conversions are needed in neighborhoods that are trying to be status-quo. What is needed is more lower priced single-family housing. Mrs. Bunton filed a listing of properties for rent which she had compiled from local newspapers. She encouraged a focus on the long range needs of the community. Bob Friedrich, Friedrich Realty and Construction, expressed his opposition to downzoning when it would affect people who have purchased property under a particular zone (like R-2) with the intent of developing the property with a use allowed by the zone. Mr. Friedrich shared the concerns of the resi- dents . He believed that landlords need to be in better control of their rental housing units and that better laws are needed with more strict enforce- ment. Fie then gave a slide presentation which showed that Ames does have some beautiful rental properties that are compatible with single-family housing and what can be done to accomplish this . The slides also had examples of undesirable dwellings. Mr. Friedrich pointed towards the Noise Ordinance as an area that could be changed. Rather than giving a ticket to the person making the noise violation, perhaps cite the owner of the property involved or at least send the owner a copy of the ticket so that he/she is aware that there is a problem with a tenant. Karol Crosbie, Old Town Neighborhood Association, reported that about 1/3 of the buildings in Ames that are architecturally significant are located in the Old Town Neighborhood Association area which contains quite a lot of R-3 (medium-density residential ) and R-4 (high-density residential ) . The Associa- tion is reviewing the possibility of downzoning to R-2 (low-density residen- tial ) which they believe would benefit the entire community. The Association is opposed to any more growth in their neighborhood. Jay Miller, 1212 Iowa Avenue, spoke in opposition to downzoning in the Hyland Avenue area. Fie explained that he had purchased a piece of property there with the intention of developing it as income property in the future. Sue Weiss, Director of Tenant/Landlord Service, went back to the comment that there is no need for more rental property. Ms . Weiss noted that there is adequate housing available now, but the availability of housing is based very closely on what ISU does with their student housing. It is important for students to be able to have the choice to live off campus. She pointed out that there have been very few complaints from neighborhood associations in connection with Rental Housing Code violations. Before new laws are drafted , Ms. Weiss encouraged utilization of what already exists. A recent survey indicated that neighborhood association leaders are not aware of what City laws already exists. With the way that Iowa law is written, mutiple- family units are taxed 33% higher than single-family units which means that students pay for a larger percentage of City services than do single-family property owners. She was very pleased to hear that neighborhood associations are welcoming students . Don Biggs, 531 Hayward, did not feel that anyone fails to understand that ISU is not a negative aspect of the community. He made a plea that everyone slow down references to classes by occupations - what is being discussed is irresponsi- ble vs. responsible people. Mr. Biggs did not believe that downzoning will • NOVEMBEP#, 1981 - MINUTES - DOWNZONING PAGE 3of4 answer the problems, but that a considerable amount of working together is needed from the standpoint of getting students involved and in getting renters interested in upkeep of properties . Erb Hunziker, H & F Realty and Construction, believed that at the present there is adequate rental housing available but that the situation will change - progress is very important. Mr. Hunziker requested that neighborhood associa- tions be managed differently so that the requests and desires of the associa- tions are those of all members , notjust of a select few. The issue of down- zoning is upward vs. outward growth with neither side wanting theirs to grow. Some cities are proposing rezoning all R-1 property to R-2 so that people in single-family homes can afford to live in their homes by renting part of the dwelling. Mr. Hunziker also encouraged better enforcement of the existing laws before new legislation is written. Betty Ibrahim, Manning Avenue Neighborhood Association, read from a letter she had written when the Planning and Zoning Commission was holding land use meetings. The letter spoke of the Association ' s desire for more responsible landlords to help improve the problems that currently exist like snow removal , parking, garbage, etc. The Association did not object to students , but to the irresponsibility of landlords. Mrs. Ibrahim encouraged other associations to hold liaisons meetings with residents , renters , and landlords . Tom Jackson, Government of the Student Body, reported that the Government of the Student Body had passed on November 17 a resolution codemning downzoning on the basis of discrimination of students . They do not condone misuse of property rights and encouraged collectively working together to solve the problems. The community atmosphere must be preserved and must include every- one. Shawn Jacobson, Friley Hall - ISU, explained that dorm people want to keep the feeling of neighborhoods. On the question of declining population, Mr. Jacobson did not feel that the need for rental housing would be reduced. Currently the residence halls at ISU have very crowded conditions and some of the student housing is temporary. If the university would again assign housing at the level that the dorms were designed to handle, there would be a large increase in the need for rental properties . Mr. Jacobson also encourage cooperation. Ralph Bicknese, 419 Walnut, stated that he did not favor downzoning and ex- pressed the need for more affordable single-family housing. The problems of the neighborhoods are not of density but of irresponsibility. Upzoning may help bring people together if it is done properly through architectural integrity and taking into consideration surrounding buildings. Such planning could also reduce the number of vehicles which would alleviate the parking problems that have been mentioned. There must be an attempt to work together towards solu- tions. Jim Hamre, 3426 Coy, agreed that single-family housing will become less viable in the future because of cost. Automobiles can be a negative factor. Mr. Hamre reminded everyone that many of the young people coming to Ames have never been on their own before which can be a difficult experience and a learn- ing process. There needs to be an education process which must be continuing since Ames is a transient community to a large degree. It is very important that people become involved, especially at the personal level . NOVEMBER 18, 1981 OINUTES - DOWNZONING PAGE 4 of 4 • Max Porter, 3224 Kingman, expressed his opinion that the downzoning in the West Campus Area has not really helped. He suggested that City ordinances be reviewed as well as the procedures followed for enforcement of those ordinances . Mr. Porter believed that the existing laws are good and strong laws and that new requirements at this time are not warranted. Mayor Goodland thanked everyone for their comments and interest. He spoke of housing in England which is single-family but very close together. The Possibility of neighborliness depends on everyone reaching out. Enforce- ment must begin in the neighborhoods with a cooperative spirit. Mayor Good- land believed that the types of problems that have been mentioned and down- zoning are two separate issues. The problems can be solved by everyone working together. The Mayor then read a proposal for neighborhood unity as prepared by Mayor Goodland and John Klaus, the City Attorney. The proposal referred to the Mayflower Compact which our forefathers signed before leaving the ship that brought them to the new world. It set out how they ought to live with each other as free people. This type of "social contract" for the neighborhoods could be useful . It would be a written document whereby all of us could more clearly establish that the necessary governance comes with the consent of the governed and not imposed by "government". Mayor Goodland proposed that the arduous but hopeful process be initiated of drafting a document for each neighborhood wishing to participate. For each it would be a statement of quidelines for responsible behavior and community life for all . It would become a document to which every member of the neighborhood community, home owners , tenants and rental property owners and developers could subscribe as a member of the community. However, such a document would be the last act of the process . The first act is to designate a forum for discussion and deliberation. Mayor Goodland requested that the University/Student/City Committee serve as the forum and that they develop and set in motion a process of hearings and deliberations that will result in a body of written guidelines for community life and a process for mediating any disputes that might arise within the scope of the "neighborhood compact" which every citizen of the community will be able to sign and live by. Mayor Goodland again thanked everyone for their participation and adjourned the meeting at 9:11 p.m. t - ina 1c nese, i y er Wau an , iayor