HomeMy WebLinkAbout09-18-2024 Planning & Zoning CommissionPLANNING AND ZONING COMMISSION
Wednesday, September 18, 2024
Formal Meeting — 6:00 PM
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
Agenda:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
4. Case No. REZ24-0007
Consideration of an amendment to Title 14, Zoning Code, to allow redemption centers in
commercial and industrial zones.
5. Consideration of meeting minutes: September 4, 2024
6. Planning and Zoning Information
7. Adjournment
If you will need disability -related accommodations to participate in this meeting, please contact
Anne Russett, Urban Planning, at 319-356-5251 or arussett(a),iowa-city.oro. Early requests are
strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: October 2 / October 16 / November 6
Informal: Scheduled as needed.
r
—t^_--.-4 CITY OF IOWA CITY
MEMORANDUM
Date: September 18', 2024
To: Planning & Zoning Commission
From: Madison Conley, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ24-0007) to allow redemption centers in commercial
and industrial zones
Introduction
In 1978 the state of Iowa enacted Iowa's Beverage Containers Control Law, also known as the
"Bottle Bill," which allows consumers to receive their return deposit when returning the empty
beverage container to a store or redemption center. Redemption centers are facilities where
consumers may return empty beverage containers and receive payment for the refund value of
the containers. In June 2022, the Bottle Bill was amended to allow stores, like grocery stores, to
opt out of redeeming containers if there is a redemption center nearby or if other criteria are met.
Some grocery stores have redemption centers affiliated with them. For example, the North Dodge
Hy-Vee located at 1125 N Dodge St. and zoned Community Commercial (CC-2) provides a space
for customers to redeem empty cans and bottles. Additionally, Iowa City has an existing
redemption center known as the Can Shed. This property is located at 611 Hollywood Blvd #3
and located in a General Industrial (1-1) zone; however, they would like to operate within a
commercial zone to expand their services, improve their collection process, and provide easier
access to the community. In order to allow for these changes, a code amendment is necessary.
Staff developed the proposed amendment (Attachment 1) which creates redemption centers as
a land use type, allows the use within commercial and research and industrial zones, and applies
appropriate standards for this use within commercial zones.
Current Regulations
Currently, the Zoning Code (Title 14) does not contain any specific language that assists with
defining, classifying, or regulating redemption centers. Historically, redemption centers located
within grocery stores have been allowed within commercial zones. However, any stand-alone
redemption center related use has been classified under the Waste Related Use category. The
Waste Related Use category is characterized by any uses that receive solid or liquid wastes from
others for disposal on the site or for transfer to another location; uses that collect sanitary wastes;
uses that recycle solid waste or recyclable materials; and uses that manufacture or produce goods
or energy from biological decomposition of organic material. Examples of this land use category
include recycling process facilities, sanitary landfills, limited use landfills, waste composting,
waste transfer stations energy recovery plants, sewage treatment plants, portable sanitary
collection equipment storage and pumping, and hazardous waste collection sites (14-4A-4). This
use is provisionally allowed in the General Industrial (1-1) and Heavy Industrial (1-2) zones.
With this interpretation, stand-alone redemption centers are only allowed in industrial zones. In
reviewing the proposal from the Can Shed, it became apparent to staff that classifying redemption
center uses as very intense industrial land uses comparable to landfills and recycling facilities did
not accurately reflect the intended use or how they proposed to operate.
September 18, 2024
Page 2
Proposed Amendments
The proposed amendment includes the following:
1. Creates a new use category — "Redemption Center',
2. Amends the table of allowable uses in commercial and industrial zones,
3. Provides a definition for "Redemption Center',
4. Creates provisional use standards for "Redemption Center', and
5. Outlines minimum parking requirements for "Redemption Center".
Use Regulations
The proposed amendment includes the creation of "Redemption Center" as a use category
characterized as an indoor facility that collects empty bottles and cans from consumers,
distributes payment of the refund value, and may utilize compressing machines. The proposed
accessory uses are offices and off-street parking. This use would include the following exceptions:
recycling processing facilities will continue to be classified as waste related uses, and
establishments that offer beverages for sale are classified as either sales -oriented retail, alcohol
sales oriented retail, eating establishment, or drinking establishment.
The proposed amendment proposes changes to the tables of allowable uses in the commercial
and industrial zones. Staff is proposing that redemption centers be allowed either as a use
permitted by right (P) or a provisional (PR) use subject to additional standards. Table 1 provides
further clarification.
Table 1: Zones Allowing Redemption Centers Either Provisionally or Permitted By -Right.
Zone
Provisional v. Permitted Use
Commercial Office CO-1
PR
Neighborhood Commercial CN-1
PR
Highway Commercial CH-1
P
Intensive Commercial CI-1
P
Community Commercial CC-2
PR
Central Business Service CB-2
PR
Central Business Support CB-5
PR
Central Business CB-10
PR
General Industrial 1-1
P
Heavy Industrial 1-2
P
Research Development Park (RDP)
P
Office Research Park (ORP)
P
Staff recommends allowing redemption centers by -right in research and industrial zones. Staff
has determined that the size limitations and prohibition on outdoor storage recommended for
provisional uses, which are discussed in the next section, are not needed in these more intensive
zones that allow outdoor storage.
Staff proposes that redemption centers be allowed by -right in the CH-1 and CI-1 zones. Although
these are commercial zones, these zones allow outdoor storage when certain standards like
adequate concealment of materials, setbacks, and screening requirements are met (14-2C-6).
These zones would allow more flexibility with size and outdoor storage of redemption centers
compared to the commercial zones in which this use is provisionally allowed.
Staff recommends allowing redemption centers provisionally in most commercial zones in order
to help protect the surrounding properties by mitigating potential negative externalities associated
with this use. Redemption centers that are allowed provisionally would be required to meet
specific use standards discussed below.
September 18, 2024
Page 3
Use Specific Standards
The proposed amendment recommends that zones where redemption centers are allowed as a
provisional use be subject to the following use specific standards:
1. Size of use limited to no more than 5,000 square feet.
2. Outdoor storage of any materials is not allowed.
The recommended use specific standards include a size limitation of no more than 5,000 square
feet and the prohibition of outdoor storage. Based off the research of other local jurisdictions,
restricting the size and outdoor storage is a common practice. Several jurisdictions in Oregon
have a 5,000 square foot size limitation. Additionally, the City's zoning code already uses 5,000
square feet as a maximum for other uses in commercial zones, such as Indoor Commercial
Recreational Uses in the CO-1 and CN-1 zones and Office Uses in the CN-1 zone. The proposed
size limitation is consistent with other size restrictions in the zoning code.
Regarding the prohibition on outdoor storage, the zones that would allow redemption centers
provisionally already prohibit outdoor storage. However, staff recommends adding this use
standard to provide further clarify to any redemption center business looking to operate in Iowa
City.
Staff is recommending that redemption centers be allowed in all commercial zones, including the
neighborhood commercial zones and zones that apply to the core of the city. Staff determined it
would be appropriate to apply these use specific standards in commercial zones that may abut
residential land uses in order to maintain the character and scale of intensity of the surrounding
properties. To further clarify, staff recommends applying these standards in all commercial zones
except the CH-1 and CI-1 zones where this use would be permitted by right, as well as industrial
zones. Therefore, if a redemption center wanted to increase their footprint or incorporate outdoor
storage, they would have the option to locate in a zone with more permissive standards.
Parking Requirements
The proposed amendment alters the minimum parking standards to include an on -site parking
ratio for redemption center uses. Staff recommends a ratio of 1 space per one thousand (1,000)
square feet of floor area with no required bicycle parking. Staff does not anticipate that this use
will require many parking spaces due to the nature of the business. Patrons will likely visit the
space to quickly receive their redemption and leave. Additionally, this is a minimum requirement.
If a particular redemption center anticipates a greater parking need, providing more parking
spaces would be allowed.
Analysis
Since the City's current regulations do not contemplate redemption centers, staff looked to how
other jurisdictions regulate this land use. Staff developed a list of local jurisdictions (Attachment
2) and analyzed how redemption centers are regulated.
Staff found value in looking to the State of Oregon. In Oregon, redemption centers are most often
considered commercial uses and viewed as some type of service provided to the community.
Many of the Oregon jurisdictions viewed redemption centers as a commercial use, but also felt it
was necessary to implement use specific standards in certain zones. Additionally, staff evaluated
how redemptions centers are regulated in Iowa. In Iowa, redemption centers are typically
industrial land uses, not the commercial land uses that exist in Oregon and envisioned by the Can
Shed. Table 2 summarizes how the cities of Portland, Bend, Gresham, and Des Moines regulate
redemption centers.
September 18, 2024
Page 4
Table 2: Examples of Redemption Center Regulations
City of Portland, OR
Use Classification:
Commercial, Retail Sales and Services, Repair Oriented
Definition:
Recycling Drop Off. A facility for the drop-off and temporary
holding of materials such as paper, cardboard, glass, metal,
plastic, batteries, and motor oil. Processing of materials is
limited to glass breaking and separation. Recycling materials
are not sold to a recycling drop-off center. A recycling drop-off
center is intended for household or consumer use. Use by
commercial or industrial establishments is not included.
Unattended drop-off stations for single materials, such as
newsprint, are also not included.
Zones Allowed:
Allowed in a variety of mixed use and commercial zones,
including general employment and industrial zones.
Use Specific Standards:
None
City of Bend, OR
Use Classification:
Commercial
Definition:
Indoor retail facility approved by the Oregon Liquor Control
Commission facilitating the return of empty beverage
containers and serving dealers of beverages, where any
person may return empty beverage containers and receive
payment of the refund value of such beverage containers.
Zones Allowed:
Allowed in both commercial and industrial zones.
Use Specific Standards:
- If the use is accessory to a primary industrial use, the
size limit cannot exceed 10 percent or 2,500 square
feet (whichever is greater).
- If the total gross floor area of use does not exceed
2,500 square feet, the use is considered primary. If
there are multiple uses that share one building, the
total building area shall not exceed 5,000 square feet.
A single use may occupy 5,000 square feet if approved
through a Conditional Use Permit and comply with
Commercial Design Review Standards.
City of Gresham, OR
Use Classification:
Commercial, Business and Retail Service and Trade
Definition:
An indoor retail facility approved by the Oregon Liquor Control
Commission facilitating the return of empty beverage
containers and serving dealers of beverages, where any
person may return empty beverage containers and receive
payment of the refund value of such beverage containers.
Zones Allowed:
Allowed in a variety of commercial zones, including
neighborhood commercial, downtown, and industrial zones.
Use Specific Standards:
None
City of Des Moines, IA
Use Classification:
Industrial, Industrial Service -Intensive
Definition:
Industrial Services -Industrial: Light uses involving outdoor
storage areas and uses involved in repair and maintenance
directly to business consumers or involving large equipment.
Examples include redemption centers.
Zones Allowed:
Industrial zones
Use Specific Standards:
- No part of the use may be a residential use.
- No odors, gases, noise, vibration, pollution of air, water
or soil, or lighting shall be emitted onto any adjoining
property so as to create a nuisance.
September 18, 2024
Page 5
For intensive uses, the owner or occupant must
provide the neighborhood services director with an
acceptable impacts statement describing the use and
the nature of any odors, gases, noise, vibration, and
other environmental impacts that may be generated by
such use; and certifying that the use upon the property
will be operated in a manner that does not permit any
odors, gases, noise, vibration, pollution of air, water or
soil, or lighting to be emitted onto any adjoining
property as to create a nuisance.
For intensive uses, the use shall be operated in strict
conformance with the written statement provided to the
neighborhood services director.
For intensive uses, all outdoor storage areas shall be
designed to allow no part of any stored material,
vehicles, or equipment to encroach into the required
setbacks.
Outdoor storage of inoperable or unsafe vehicles in
quantities constituting a junk or salvage yard is
Table 2 demonstrates the range of different regulatory approaches that jurisdictions have taken.
For example, the City of Portland considers redemption centers as a "Retail Sales and Services"
use under the commercial category. "Retail Sales and Services' includes providing product repair
or services for consumer and business goods. Portland views redemption centers as a "Repair -
oriented" service and has classified them as "recycling drop-off' which accepts materials like
paper, cardboard, glass, metal, plastic, batteries, and motor oil.
The cities of Bend and Gresham categorize redemption centers as a commercial use. Both
jurisdictions recognize redemption centers as a stand-alone use make it clear that redemption
centers are indoor facilities that facilitate the return of empty beverage containers. This differs
from the City of Portland, which treats this use as a "recycling drop-off' and accepts a variety of
materials other than empty beverage containers.
The City of Des Moines moves further away from the approach that the cities of Bend or Gresham
have taken by considering redemption centers as an "Industrial Service'. This jurisdiction finds
redemption centers to be similar to uses that deal with repair, maintenance, and large equipment.
Table 2 shows that while some jurisdictions consider redemption centers as a commercial service,
others, like Des Moines, classify these uses as industrial. This is also how the City of Iowa City
has historically classified these uses. Additionally, there is variation in how cities regulate this use
within commercial zones. On one end, the City of Portland allows the recycling of all types of
materials whereas the City of Gresham focuses on the redemption of empty beverage containers.
Anticipated Impact
Staff has prepared two maps that visually represent how the proposed amendment would apply
to land within the city.
Figure 1 shows the location of the zones where the proposed amendment would allow redemption
centers. Most of the areas are concentrated in the southern portion of the city since most of the
city's commercial and industrial land is in this area. Additional areas where the proposed
amendment would allow redemption centers include the center of the city, Old Towne Village,
Towncrest, and the area near the intersection of N. Dodge St and 1-80. See Attachment 3 for a
larger version of this map.
September 18, 2024
Page 6
Figure 1. Proposed Zones to Allow Redemption Centers
N
N-6E
5
Legend
Proposed Zones to Allow Redemption Centers
Iowa City Zoning
C01rnw^m cnmmealal
General lMoamal(IU
MMM Uu (MU)
(CQ)
Heald IWuWal(12)
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- Central Bu9r,,5
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0 05 1 2
0 Miles
Figure 2 shows where the proposed amendment would allow redemption centers either as a
permitted use or as a provisional use. The green areas identify the areas where redemption
centers would be permitted by right. The yellow areas reflect land that would require compliance
with the proposed provisional use standards. See Attachment 4 for a larger version of this map.
September 18, 2024
Page 7
Figure 2. Redemption Centers: Proposed Permitted v. Provisional
Consistency with Comprehensive Plan
The vision of the Comprehensive Plan supports a resilient economy that increases tax base,
stimulates job growth, and promotes the overall people's prosperity and progress. The plan
includes a goal to "Increase and diversify the property tax base by encouraging the retention and
expansion of existing businesses and attracting business that have growth potential and are
compatible with Iowa City's economy". A strategy that supports this goal is to provide an attractive
economic environment with streamlined, business -friendly culture by making regulatory and
permitting processes clear, predictable, and coordinated. Allowing redemption center uses in
commercial zones would make it easier for redemption center uses to locate in Iowa City.
One of the plan's economic development goals focuses on "Encouraging a healthy mix of
independent, locally -owned businesses and national businesses" with a strategy that aims to
establish strategies to retain and encourage growth of existing locally -owned businesses. The
Can Shed's proposition to expand to other areas of the community represents an opportunity to
help support local businesses and remove barriers to their growth in the community. The
proposed amendment helps existing businesses to want to stay in the community instead of
looking to relocate to neighboring cities.
The vision of the Comprehensive Plan focuses on protecting and enhancing the environment and
encouraging the responsible use of our natural and energy resources with a goal to "Continue to
track, measure and reduce energy consumption and greenhouse gas emissions," and "Raise
awareness and expand opportunities for waste reduction, energy efficiency, stormwater
management and other environmental issues". By allowing redemption centers in more areas of
September 18, 2024
Page 8
the city, community members will have increased access and opportunities to contribute to waste
reduction efforts.
Since the IC2030 Comprehensive Plan was adopted in 2013, the city has increasingly focused
on climate action. The city adopted the Climate Action and Adoption Plan in 2018, declared a
Climate Crisis in 2019 and Adopted the Accelerating Iowa City's Action Plan in 2020. The goal
set by these plans is to reduce carbon emissions by 45% from 2010 levels by 2030. The proposed
amendment would help further these goals by promoting waste reduction and contributing to the
community's recycling efforts.
Staff Recommendation
Staff recommends that Title 14, Zoning Code be amended as illustrated in Attachment 1 to allow
redemption centers either as a provisional use subject to use specific standard or permitted use
in commercial and industrial zones.
Attachments
1. Proposed Zoning Code Text Amendments
2. Local Jurisdiction Research
3. Map of Proposed Zones to Allow Redemption Centers
4. Map of Permitted vs. Provisional Zones
Approved by:
Department of Neighborhood and Development Services
ATTACHMENT 1
Proposed Zoning Code Text Amendments
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike -through notation indicates language to be
deleted
Amend Table 2C-1, Principal uses allowed in commercial zones, as follows:
Use Categories
Subgroups
CO-1
CN-1
CH-1
CI-1
CC-2
CB-2
CB-5
CB-10
MU
Redemption Center
I
I PR
PR
P
P
PR
PR
PR
PR
PR
Amend Table 2D-1, Principal uses allowed in industrial zones, as follows:
Use Categories
Subgroups
1-1
1 1-2
1 RDP
I ORP
Redemption Center
I
IE
IE
IE
P
Amend 14-4A-4, Commercial use categories, as follows:
J. Redemption Center Uses:
1. Characteristics: An indoor facility that collects bottles and cans from consumers,
distributes payment of the refund value, and may utilize compressing machines.
2. Examples: Redemption center facilities.
3. Accessory Uses: Offices: off street parking.
4. Exceptions:
a. Recycling processing facilities are classified as waste related uses.
b. Establishments that offer beverages for sale are classified as either sales
oriented retail, alcohol sales oriented retail, eating establishment, or drinking
establishment.
K J. Surface Passenger Services:
L K. Vehicle Repair Uses:
Amend 14-4B-4, Specific approval criteria for provisional uses and special exceptions, as follows:
B. Commercial Uses:
24. Redemption Center Uses in the CO-1, CN-1, CC-2, CB-2, CB-5, CB-10, And MU Zone:
a. Redemption center uses are limited to five thousand (5,000) square feet gross
floor area.
b. Outdoor storage of any materials is not allowed.
Amend Table 5A-2, Minimum parking requirements for all zones, except the CB-5, CB-10,
Riverfront Crossings zones and Eastside Mixed Use District, as follows:
Use Categories
Subgroups
Parking Requirement
Bicycle Parking
Redemption Center
I
11 space per 1,000 square feet of floor area
None reguired
ATTACHMENT 2
Local Jurisdiction Research
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ATTACHMENT 3
Map of Proposed Zones to Allow Redemption Centers
N
W 4
E
S
Legend
Iowa City Zoning
Mixed Use (MU)
_ Commercial Office
(COS)
Neighborhood
Commercial (CN1)
- Highway Commercial
(CHI)
Proposed Zones to Allow Redemption Centers
1
-
Community Commercial
Q General Industrial (It)
(CC2)
Heavy Industrial (I2)
-
Central Business
Services (CB2)
Research Development
0
Park (RDP)
Central Business (CBS)
Support
- Office Researh Park
(ORP)
0
Central Business (CB10)
Q Iowa City Limits
-
Intensive Commercial
(CII)
0
ILA
COURT ST `
ERIDgD C
LEGION RD
'1 %
420
T SE
0 0.5 1 2
Miles
Data: hUps:/Imaps.iowa-city.org/umer/r; services/GenemIData/lC_zoning/
FeatureServer
.� of Prepared by: Sanzida Rahman Setu, Planning Intern, NDS
Data: September 10, 2024
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ATTACHMENT 4
Map of Permitted vs. Provisional Zones
N
Redemption Centers: Proposed Permitted v. Provisional
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Permitted Use: CH-1, CI-1, I-1, I-2, RDP, ORP
0 0.5 1 2
Provisional Use: CO-1, CN-1, CC-2, CB-2, CB-5, C13-10, MU Miles
Data. https://maps.Iowa-city.org/server/re:t/seNices/0eneraiData/IC_zon'rg/
FeatureServer
Iowa City Limits Prepared by: Santida Rahman 5etu, Planning Intern, NOS
,.. Date: September 10, 2024
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
SEPTEMBER 4, 2024-6:OOPM—FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Steve Miller, Scott Quellhorst, Billie
Townsend, Chad Wade
MEMBERS ABSENT: Mike Hensch
STAFF PRESENT: Eric Goers, Anne Russett
OTHERS PRESENT: Kristian Nixon, Jonathan Lewallen, Dana Haverkamp, Jenna Dyroft
RECOMMENDATIONS TO COUNCIL:
By a vote of 5-1 (Wade dissenting) the Commission recommends approval of REZ24-0006 an
amendment to Title 14 Zoning as detailed in Attachment 1 to enhance land use regulations
related to tobacco retailer use and to further implement the City's goals related to public health.
CALL TO ORDER:
Craig called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. REZ24-0006
Consideration of an amendment to Title 14, entitled "Zoning Code", to address tobacco sales -
oriented uses.
Goers began the staff report with a little bit of the history about why tobacco regulation comes
before the Planning & Zoning Commission as it is not something they are normally tasked with
addressing. At the April 2 City Council meeting the Council voted to deny several tobacco
permits, notifying staff that there was something up and that Council wanted to discuss the issue
of tobacco regulation. Staff came back with a moratorium at their May 7 meeting that put the halt
on all new tobacco permit applications at that point so Council would have time to consider how
to regulate, if at all, tobacco permits. Goers explained that moratorium runs through the end of
this calendar year. Council then engaged in several work sessions, the first being on July 16, at
which Council tasked him with drafting three ordinance amendments. One is a zoning ordinance
amendment that is for their consideration this evening having to do with distance separations
between retailers and each other, and also retailers and either K - 12 schools or University
property. The second ordinance amendment was having to do with putting a cap on tobacco
permits issued throughout the City and the third had to do with banning kratom, an herbal
substance that he is still learning about. Ultimately through a couple of additional work sessions
on August 6 and August 20, Council directed to not to move forward with the permit cap, but to
move forward with the other two ordinance amendments of a kratom band and the zoning
ordinance.
Goers noted the draft ordinance amendment was included in the agenda packet and he worked
Planning and Zoning Commission
September 4, 2024
Page 2 of 8
closely with the assistance of the urban planning staff on it. He also just wanted to make it clear
tobacco retailers use is not something that's currently regulated under Iowa City zoning and it is
a use that they've had to create in order to effectuate change that Council would like to consider.
Therefore, there's nothing in the zoning code at present to compare to see how this is going to fit
in with present regulation. The ordinance structure is modeled on alcohol zoning which at
present has a couple of different separation distance measures in the code. One is 500 feet
between drinking establishments, places that have licenses for on -premises consumption (bars),
and the other is 1000-foot separation distance for off -premises consumption (liquor stores or
places that sell alcohol for off -premises consumption). With the alcohol ordinance there are a
couple of other caveats regarding accessory uses and so forth and it gets to be a little tricky but
with tobacco is quite a bit more straightforward, either they have a tobacco permit or they don't.
Staff did include some grandfather provisions, as they are apt to do on zoning measures
because there are a number of retailers that are within 500 feet of each other at present or are
within 500 feet of a school or university property. In the ordinance amendment it is stated that
grandfathered retailers will have 60 days to allow their permit to lapse and if their permit lapses
for more than 60 days they lose their grandfather rights and will have to cease selling tobacco.
Goers noted that could mean a rehabilitation or remodeling project that would close down a shop
and not sell for more than 60 days would also lose grandfather rights and their tobacco permit
revoked.
Goers showed a map that displayed the present location of both school property and current
tobacco retailers, of which there are presently 62. He pointed out the tobacco retailers within a
500-foot buffer around University property or K - 12 school property. He noted in the downtown
area there would likely not be an ability of any new retailers to come in but in other parts of the
City there would be a little bit more opportunity.
In so far as staffing is concerned, because the clerk's office already does tobacco permit
applications and manages all of that, they would likely just continue managing this part of it and
all they would really need to do is type in an address and then see whether it falls under one of
the buffers or if it was in the clear and thus could be approved.
Therefore, staff recommends that Title 14 Zoning be amended as detailed in Attachment 1 to
enhance land use regulations related to tobacco retailer use and to further implement the City's
goals related to public health.
Townsend asked if this is a new issue and are there more tobacco retailers. Goers explained
there has been an increase in tobacco retailers recently, insofar as tobacco retailers include
convenience stores, grocery stores, drug stores, a lot of businesses for which the sale of tobacco
and tobacco products is not their primary concern. Additionally vape shops and everything they
sell would fall under the tobacco licensing. Goers also clarified the tobacco permits cover both
traditional tobacco products like cigarettes and cigars, pipe tobacco, but also vapes, alternative
nicotine delivery systems, but not kratom, that is a separate ordinance amendment.
Wade noted Goers mentioned alternative nicotine products and that the definition of tobacco
sales -oriented business would include any business that sells alternative nicotine products.
Looking at the definition in the Iowa code it seems pretty broad, like it might pull in, for example,
Target which sells nicotine lozenges, is that accurate, and if so, is that the intent of the
ordinance. Goers stated he would need to look to see whether nicotine lozenges fall under the
definition of products that require a tobacco permit. For this ordinance amendment the definition
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September 4, 2024
Page 3 of 8
is if they need a tobacco permit, then this applies to them. If they do not need a tobacco permit,
then it does not. Wade stated he is just trying to understand whether these restrictions would
apply to something like ZYN which is an alternative to chewing tobacco and would be sold at a
grocery store or pharmacy, it's more of a recreational nicotine product, as opposed to lozenges
and gums which would typically be used for smoking cessation. Goers will look at Iowa Code
Chapter 453A which defines some of those products and can circle back.
Wade also asked if this were to pass would new tobacco shops need to seek approval for a
provisional use from the Board of Adjustment or would they just go to the City Clerk. Goers
stated it would be handed by the City Clerk's office.
Goers noted in the ordinance that there are a number of charts that talk about whether they
would be allowable under certain zones and there he would depend on the planning staff to help
with the process by which they would secure the approvals that they need and if it's a provisional
use, or something like that in a particular zone, planning staff would assist but in so far as the
Clerk's concerned in issuing the tobacco permit, it would just be are they within 500 feet, yes or
no.
Wade asked if there would be any mechanism for an exception to that rule other than
grandfathering. Goers confirmed there would not.
Townsend asked if a company that has been grandfathered in goes out of business or for some
reason can't continue to operate, no one can come in and replace that shop. Goers confirmed
that would only be correct if there is a lapse of a permit of more than 60 days and/or a cessation
of sales for more than 90 days. If a convenience store went out of business, and a month later
got bought up by Casey's or something, Casey's can open up shop and get a permit, that would
be fine. There are 62 permits at present and while Council originally wanted a cap on permits
they chose not to move forward with that. Permits will be allowed so long as they are not within
the 500 feet of another permit.
Miller noticed when looking at the map he was just kind of surprised that Hy-Vee and grocery
stores were on there, he was thinking that vape shops was what they're trying to limit with this
legislation. It doesn't seem like anyone would want to limit having another grocery store within a
certain radius of vape shop. Goers stated there was some discussion of that and City staff met a
couple times with Susan Valetta, who's a Johnson County Public Health Educator, and based on
her research she indicated that she's more concerned with the convenience stores and the
grocery stores because there's greater exposure to children as children go into those places all
the time. Whereas it would be surprising and unusual for a child to wander into a vape store and
it's about exposure and normalizing of use that leads to greater problems down the line. If there's
a higher density and higher availability of exposure, particularly to young people, then they're
more likely to become users.
Miller asked if all or most grocery stores have tobacco permits. Goers hasn't checked on that but
believes most grocery stores have tobacco permits as well as most convenience stores also.
Craig stated then if the Hy-Ve Drug that's on First Avenue, which certainly is within 500 feet of
Regina, if that went out of business, unless someone else came along and bought the business
or secured a permit within 60 days of a lapsed permit they would lose their grandfather rights.
Goers confirmed that was correct.
Planning and Zoning Commission
September 4, 2024
Page 4 of 8
Craig stated the impetus for this concern from Council is a health one and Goers replied that was
correct.
Goers stated regarding the question about the alternative nicotine products and the list under
State code which is incorporated through this ordinance states alternative nicotine product
means a product not consisting of/or containing tobacco that provides for the ingestion, into the
body of nicotine, whether by chewing (nicotine gum), absorbing, dissolving, inhaling, snorting or
sniffing, or by any other means. Alternative nicotine product does not include cigarettes, tobacco
products or vapor products as each of those also require a tobacco permit, or a product that is
regulated by the Food and Drug Administration. So, it appears that any kind of nicotine gum or
anything like that would require a tobacco permit.
Wade asked if a location had a move because of loss of lease or something like that do they fall
under the new rule as soon as they move locations and have to be greater than 500 feet, and the
grandfathering would no longer apply. Goers confirmed that is correct because zoning regulation
is about the use and not the user. So, if a tobacco retailer wants to move from location B to
location C it has to be outside of 500 feet and eligible.
Wade asked also about an explanation on why locations of education facilities from 18 and
younger and college or universities are the treated the same. Goers stated the law used to be
one only need to be 18 to consume tobacco products but now it is 21 and probably half or more
of the student body at the University of Iowa is under 21.
Craig opened the public hearing
Kristian Nixon (student, University of Iowa College of Law) was wondering if there's been any
research on the increase in property value that the smoke shop owners might have, since they
already have these locations that are close to the schools. Goers stated they haven't done any
research on that but are cognizant of the changes because of the alcohol one upon which this
tobacco ordinance is largely modeled. The proposed ordinance is kind of locking in some
locations, because if they ever stop that use they will lose those grandfather rights and they are
aware of landlords who require, as part of their lease with their tenants, that they continue to
engage in the sale of alcohol and so forth as to preserve that right. Nixon also asked if there is
currently a limit to how much product they could have, for example could one of these places
expand upwards if they have a tall building. Goers replied that would be an expansion of a non-
conforming use and would not be allowed.
Jonathan Lewallen (student, University of Iowa College of Law) asked if there's been any
consideration to the effect this ordinance could have on currently vacant properties with
infrastructure for gas station use. For example, the closed gas station on Mormon Trek and the
closed gas station downtown. Is there a risk that would be locking out the reopening of those
businesses with this ordinance. Goers is not sure the Council would use the word risk to
characterize that, but yes there is some possibility that if this passes and the use ceases.
Currently there remains a tobacco permit in place for the former Kum & Go at Mormon Trek and
Benton. He doesn't recall if there's one at the intersection of Burlington and Madison.
Dana Haverkama (student, University of Iowa College of Law) stated as per the Iowa code,
under the alternative tobacco products, or nicotine products, nicotine patches would also fall
under that definition, is there a benefit for restricting the sale of nicotine patches that an
Planning and Zoning Commission
September 4, 2024
Page S of 8
exception would not be a better idea to allow the sale for reducing the usage of nicotine in the
first place. Goers noted there is an exception for products that are regulated as a drug or device
by the US Food and Drug Administration and if nicotine patches fall under that category it would
not apply. If they do not, and they otherwise fall under the definition of alternative nicotine
products, this ordinance would apply to their application. Haverkamp stated there's no intent to
make an exception for things that are preventative. Goers replied no, the City is bound by the
State's regulations regarding alternative nicotine products and how they are defined. Haverkamp
asked specifically for this new zoning permission why not make an exception for products that
are aimed at reducing the use of nicotine, rather than having a blanket statement preventing this
sale of nicotine and tobacco products. Goers stated the City is defaulting to the State's definition.
There's a reason why some products are regulated and require a tobacco permit and that some
are not and so they're just following the State code in that way. Haverkamp noted the majority of
individuals that start smoking to begin with are individuals who are interacting with already
people that smoke, such as family and friends, things of that nature, so how would they view
restricting the locations themselves as a way that would actually reduce the influence of nicotine
usage in the first place, like in children. The locations in themselves are not typically what's
actually getting them to start smoking in the first place. Goers acknowledged it's difficult to
regulate tobacco use within the home.
Jenna Dyroft (student, University of Iowa College of Law) wanted to put forth the idea that
perhaps this measure might be a little bit counterintuitive, they were speaking about how many
grocery stores sell tobacco products, but primarily this seems like it's targeted at a typical vape
shop, but because it's modeled off of alcohol prohibited measures it's including grocery stores,
etc. She thinks it's worth considering looking at how the City is set up, a lot of the bars and liquor
stores are concentrated in the downtown area and this measure is making it so that it's basically
prohibiting any new stores from being in the downtown area which might encourage people to
open new stores in the peripheral of the City, which would, in effect spread out tobacco use
across the whole City, instead of maybe concentrating it in more of that downtown nightlife area.
Russett noted residential zones do not permit tobacco or alcohol -oriented retail.
Craig closed the public hearing.
Elliott moved to approve REZ24-0006 an amendment to Title 14 Zoning as detailed in
Attachment 1 to enhance land use regulations related to tobacco retailer use and to
further implement the City's goals related to public health.
Townsend seconded the motion.
Wade states he generally supports the proposal but would oppose the motion because he thinks
that they should exclude alternative nicotine products, or at least tobacco cessation products like
gums and lozenges. His concern is that this definition of alternative nicotine products sweeps
pretty broadly and makes it would make it more difficult for businesses like pharmacies, for
example, or Target to enter downtown and other areas. And then, relatedly, the impetus behind
this measure is to protect public health and he doesn't see the same public health concerns with
lozenges, gums and other tobacco cessation products as he does with vapes and cigarettes, for
example. For those reasons he supports the notion behind the proposal but doesn't support this
particular motion.
Planning and Zoning Commission
September 4, 2024
Page 6 of 8
Quellhorst appreciates Wade catching that because that's something he would not have realized,
the nicotine patches and so on.
Elliott noted they don't know for sure that that's the case, there is an exception perhaps for
nicotine patches and she assumes they're somehow regulated by the FDA.
Wade wouldn't want to get in a situation where a new Walgreens, for example, is interested in
doing business downtown but either couldn't do so or would get caught up in a lot of red tape,
due to this ordinance.
Townsend would be in favor of this, 500 feet is not a long way to walk if someone can't find the
products that they're looking for. Iowa City doesn't need more vape and tobacco shops in the
downtown area there's already an abundance of the vape shops and tobacco shops and places
that offer those things.
Wade's concern is less with another vape shop, which he agrees that they don't need more of
and more that a business that may happen to sell tobacco cessation products, like a Target or
CVS, can't get a tobacco license because of the ordinance. If the City Attorney is of the opinion
that those sorts of businesses wouldn't be prohibited by this ordinance, then he'd be comfortable
supporting it.
Goers noted looking it up, according to the CDC nicotine patches are an FDA approved medicine
and nicotine gum, also, according to the Center for Disease Control, is an FDA approved
medicine. Therefore, both would fall under the exception of alternative nicotine product.
Miller asked just to clarify that would mean that they do not need a tobacco permit to sell it.
Goers confirmed that is his reading of the definition of alternative nicotine products.
Miller stated he will support this as the intent behind this is reducing the number of vape shops,
especially downtown. His only concern is about what Commissioner Wade brought up with
institutionalizing these locations as forever a vape shop. What happens if this becomes a
problem. Goers replied there could be an ordinance amendment and because this is a zoning
ordinance it would need to come before this Commission again before Council took it up if there
was a change. He also noted insofar as the question about institutionalizing, that was something
at the staff level they considered as well but also have to consider the alternative, and that there
will just be more of them.
Craig stated that's why she's in favor of this zoning change, because it's always a tradeoff, they
have to trade something away to get something that they feel is important enough, and she
thinks in this case, it's a fair trade.
Wade thinks the intention is probably good, the devil is in the details and it may have some
unintended consequences. He also thinks that 90 days without the sale of tobacco products is a
little on the short side and would hate to have a business get hit with a tornado or natural
disaster and then as a result lose their permit and ability to sell.
Wade asked if there is a reason why they did not take a different approach, like a per capita
permit approach, and instead really focused on zoning mechanism. Goers stated one point
Council was considering that, and had him draft one, but ultimately looking at the map they
Planning and Zoning Commission
September 4, 2024
Page 7 of 8
thought that the zoning would really address their concerns and it wouldn't prevent a new
grocery store from going into an area that maybe is underserved at present, part of a food desert
or something. And if that grocery store felt like they needed to sell tobacco in order to pencil out
and make a go of it, that that was probably a net benefit, and they didn't want a permit cap to get
in the way of something like that.
A vote was taken and the motion passed 5-1 (Wade dissenting).
CONSIDERATION OF MEETING MINUTES: JUNE 26, 2024:
Elliott moved to approve the meeting minutes from June 26, 2024. Wade seconded the motion,
a vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Craig introduced the new Commission member, Steve Miller. Miller stated he is an architect who
is really interested in planning and zoning and looking forward to learning more. His first City
board or commission was public art and he did that for just over two terms.
Russett updated that the two rezonings that were considered in June were both approved by
Council, the 1215 Camp Cardinal Road and 2255 North Dubuque Road for the school district
property.
ADJOURNMENT:
Elliott moved to adjourn, Wade seconded and the motion passed 6-0
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2023-2024
6/21
7/5
7/19
8/2
8/16
10/4
10/18
11/15
12/6
12/20
1/17
217
2/21
4/3
5/1
6/26
9/4
CRAIG, SUSAN
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
X
X
X
ELLIOTT, MAGGIE
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
O/E
X
HENSCH, MIKE
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
O/E
MILLER, STEVE
-
-
-
—
-
-
—
-
—
-
-
-
—
-- --
-- --
X
PADRON, MARIA
X
X
O/E
X
X
X
X
X
O/E
X
X
X
X
O/E
O/E
-- --
-- --
QUELLHORST, SCOTT
- --
- --
X
X
X
X
X
X
X
X
X
O/E
X
X
X
TOWNSEND, BILLIE
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
WADE, CHAD
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I O/E
I X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
= Not a Member