[Vision2020] Downtown Parking
James Nelson
hammered at moscowmail.com
Sun Jan 30 09:10:10 PST 2005
Visionaries & Ted,
I predicated my argument on the Comprehensive Plans use of the
word principal, which modifies the phrase retail shopping area
in Moscow. I then illustrated my point, as it applies to downtown
parking. However, I failed to note the obvious, viz., NSA does not
fall into the category of retail shopping, or any other category
mandated by the Comp. Plan for the Central Business District. They
are in fact a learning institution, which Moscow code prohibits in
that zone. These parts of my argument are factual. And to my
understanding, this is the only legal issue on the table.
Re your assertion, I dont think the actual facts of who spends
what in what circumstances when parked in downtown Moscow is
written into the law as a determining factor regarding what sort of
school is allowed in the downtown area, I have to say that, in
principle, I do not agree because City Code is essentially a
codified version of the Comp. Plan, which clearly shows the
planners sought to foster an environment desirable to shoppers:
The compactness of the downtown area and the variety of businesses
there also encourage people to make the trip to downtown. Many
different consumer needs could be met in the space of a few blocks
(Comp. Plan, 41).
Title 4 § 3-5(A) of Moscow City Code is entitled, Central Business
Zoning District (CB), which states, The principal purpose of the
CB Zoning District is to provide a location for groups of
compatible commercial uses having the common characteristic of not
involving more than incidental and minimal assembly, fabrication or
storage of commodities; for example, enterprises dispensing retail
commodities, and those providing professional and personal services
to the individual. The CB Zoning District is the most intensive
commercial Zoning District. To promote pedestrian use, unbroken,
street-level, commercial frontage is encouraged in this Zoning
District.
The framers intents seem plain to me.
This then becomes the premise for the codes prohibition against
learning institutions. City planners knew that institutions of
higher learning evolve into land hoards. Indeed, the potential
growth of higher-learning institutions should come as no surprise
to Moscowans. In 1896 the first graduating class at the UI had only
four members. Today, the UI student body has over 12,000. The
history of NSA to date is remarkably similar, graduating only two
in its first class but now having a student body of nearly 150,
which explains why the city planners fenced the Central Business
District from college campuses.
I aimed my argument at the parking issue because it illustrated the
adverse ripple effects generated by only one incompatible
business in the Central Business District. NSAs illegal presence
downtown has created a parking problem, which has some people on
this list talking about parking garages. And as far as I can see,
Moscow can remedy this parking problem with one swing of the gavel.
Or, to paraphrase Nancy Reagan, Just say no to Dougs.
Sincerely,
James Nelson
Bill et. al.
Parts of this argument are not based on a fair factual
investigation of the actual financial conduct and behavior of the
individuals in question. It is easy to create a scenario out of
thin air comparing 150 teenagers with sparse allowances depriving
another group with a median income exceeding $75,000 from spending
their riches downtown to make this argument, but this scenario is
almost certainly hyperbole, and is tangential from a strict legal
standpoint to deciding whether or not NSA is legally operating
downtown. The writer also misses the point of one of Donovan
Arnolds arguments in defense of NSAs current location based on
economic issues.
NSA may very well subtract from the total cash spent in the
downtown core from what was being spent when Verizon operated the
NSA building. But I dont think the actual facts of who spends what
in what circumstances when parked in downtown Moscow is written
into the law as a determining factor regarding what sort of school
is allowed in the downtown area.
What is the disposable cash of NSA students and faculty and where
do they spend it when parked downtown? The writer might present
some actual data to support his assumptions. Why assume the
students are teenagers with sparse allowances? Some private
schools have rather privileged students in attendance. And I doubt
that NSA faculty are limited in their expenditures downtown to
dropping a dime at Zume.
Lets assume that NSA students and faculty have more disposable
income than most who park downtown, and they spend it downtown when
parked there. It would not really matter regarding whether NSA is
legally operating downtown. This would not change the application
of the law regarding operation of an educational noncommercial
school in the downtown area, if this is indeed what NSA is doing.
It would still be illegal, according to this interpretation of the
law, even if all NSA associated individuals were millionaires
dropping thousands every day into Moscows downtown while they
parked their Rolls-Royces.
I think Donavans point about NSA students was that when they sit
in class, they are using a service they have purchased with cold
hard cash. So the comment that NSA students fill up spaces not to
shop, but to sit in class misses Donovans point. They shopped for
a school and purchased the product NSA offers, with some of this
money they spent for this product no doubt coming back into the
Moscow economy somewhere. If I purchase a years worth of massage
from a local masseuse who operates in downtown Moscow, and drive
downtown and park to get my massage every week, am I driving
downtown just to get rubbed, not to shop? No, I am using the
service I purchased with cash when I shopped for a masseuse in
downtown Moscow, and the service I shopped for, that I paid good
money for in downtown Moscow, happens to be provided in downtown
Moscow over a period of a year. Ditto for NSA students, if you
follow this argument.
Suggesting extreme unfounded scenarios to argue against NSA, and
overlooking the fact that, as Donovan points out, NSA students have
shopped and spent money for a service NSA is providing in downtown
Moscow, suggests bias whether or not the person creating the
scenario intends this or not.
Ted Moffett
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