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Mayor’s Real Non-Veto Message: Zoning Code Needs More Certainty

02.13.14

During his first five years in office, Park Ridge Mayor Dave Schmidt acquired the nom de veto “Mayor No” because of his numerous vetoes of profligate budgeting and overspending by the City Council – most of which were ultimately sustained, saving taxpayers hundreds of thousands of dollars.

Each of those vetoes was usually accompanied by a veto message in which Schmidt explained in detail why he was exercising his veto power.

But at last Monday’s (February 3) Council meeting, Schmidt provided a “dog bites man” twist to the proceedings when he read his first-ever non-veto message.

The Council action that provoked such an oddity was the two week-earlier Council approval – by a slim 4 (Alds. Sweeney, Shubert, Knight and Maloney) to 3 (Alds. Milissis, Smith and Mazzuca) vote – of the 116-unit planned development apartment building by Trammell Crow to be constructed at 205 West Touhy, which also got Planning & Zoning Commission approval by a similarly slim 5 to 4 margin.

The project’s biggest sticking point was that it exceeded the Zoning Code-prescribed residential density ceiling for that area by 31% because of its primarily 1-and-2-bedroom units, even though it could have complied with the Code’s density requirement if the same-sized structure consisted totally of 3-bedroom units.

Frankly, that sounds just plain goofy to us.

Whether one agrees or disagrees with the P&Z Commission, the Council and the Mayor, the way this process played out demonstrates the need for some serious revisions to Section 5 of the City’s Zoning Code for “planned developments,” a kind of hybrid neither-fish-nor-fowl concept that effectively allows City officials to ignore our conventional zoning standards and regulations in exchange for certain other considerations.

Unfortunately, almost all of those other considerations are subjective and, therefore, subject to the vagaries and even arbitrariness of the folks applying them.  That makes for a highly unpredictable process when what we should have is just the opposite: a set of clear, understandable standards regulated by a predictable process, so that a developer knows right out of the blocks what standards will be applied to its project.

The current process for planned developments like Trammel Crows seemed dominated by a number of fingers held to the wind.  Some members of P&Z wanted “green” roofs; others wanted LEED gold certification; still others, more underground parking, or tree preservation and a “pocket park,” or additional storm water detention.

It was that last factor – with Trammel Crow offering to double the size of the City’s water detention basin adjacent to the development site – that seemed to seal the deal not only at the P&Z and Council levels, but also for the mayor’s non-veto.  It also seemed to carry the day with flood-beleaguered neighbors who normally can be counted on to oppose any development of any kind in that area, including Whole Foods.  That lack of vigorous opposition was another factor which Schmidt cited for his non-veto, and from the sound of things that also may have influenced the P&Z and Council votes.

We’ve regularly ripped on folks who charge that Park Ridge is “unfriendly to business” – which tends to be code for “the City won’t give us what we want,” or “the City won’t look the other way,” or “the City won’t give us money.”  Since Schmidt became mayor, however, several of City staff’s biggest obstacles to business and development either have been terminated or have resigned after reading the handwriting on the wall.

Zoning Code provisions that reek of uncertainty and arbitrariness, however, truly are “unfriendly to business.”  That’s why we commend Schmidt for pointing that out, and for asking Procedures & Regulation Committee chair Marc Mazzuca and Staff to get cracking on some Code revisions to dispel the uncertainty of the planned development process and standards.

Trammel Crow played the game by the City’s current rules, scaling down the project twice and substantially enhancing those project features that counted to City officials at every level of the decision-making.  Under these circumstances, therefore, we agree with P&Z’s, the Council’s and Schmidt’s decisions.

But now the City must move expeditiously on the needed revisions to Section 5 of the Zoning Code.  And developers need to take to heart Schmidt’s warning that this vote, and his non-veto, should not be viewed as a precedent for future 30% density variances or other significant departures from the Zoning Code’s basic requirements.

Because the next “squeaker” decision may well go the other way.

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