Update on Milwaukee Avenue “pedestrian street” designation

Business as usual

On December 13, 2011, the Chicago Committee on Zoning conducted a public hearing regarding removing the “pedestrian street” designation for the portion of Milwaukee Avenue between Kedzie and Sawyer Avenues.  This despite the fact that the applicant (in this case the alderman/the city) did not meet (as acknowledged by the acting city Zoning Administrator) the notice requirements necessary for the hearing to take place.

According to the Chicago Zoning Ordinance, Section 17-13-0100:

No hearing will be scheduled or conducted until the applicant complies with all applicable notice requirements.

As the applicant, the alderman explained that he introduced the ordinances in order to allow the McDonald’s franchise at 2707 N. Milwaukee Avenue to construct a new building and maintain its driveway and drive-through.  He stated that the dimensions and diameters of the existing driveway and drive-through would not change.  He also said that he would later re-designate Milwaukee Avenue a “pedestrian street.”

Five residents (myself, Steven Vance, Christy Prahl, Mike Jaskula, and Nicole Semple) testified in opposition to the proposed lifting of the “pedestrian street” designation for a variety of reasons.

The McDonald’s franchise owner and her attorney were the only people to speak in favor of the proposal.  Contrary to the alderman’s statement, they (and the acting city Zoning Administrator as well) revealed that they planned to increase the drive-through capacity at this site.  Oddly, the owner touted another McDonald’s franchise she owns on four-lane North Avenue at the busy, car-centric intersection of Grand and Kostner Avenues as an example of how nice it will be for Milwaukee Avenue.  She really wasn’t grasping the concept of a pedestrian oriented street.

As is typical of zoning in Chicago, the Committee on Zoning deferred to the alderman’s desire and unanimously passed the ordinances.  The next day, City Council also deferred to the alderman’s desire and unanimously passed the two ordinances.  That section of Milwaukee Avenue no longer has the pedestrian designation.

Now, as before, a drive-through still remains as a “special use” permitted at the site.

Next steps

After the Zoning Committee meeting, the attorney for the McDonald’s franchise stated that the franchise plans to hold a community meeting about its next application.

Once McDonald’s voluntarily tears down its building, its special use for a drive-through is null.  It must again apply to the Zoning Board of Appeals for a special use for a drive-through.

The Zoning Board of Appeals–a different body than the Zoning Committee–must also hold a hearing on the special use application.  I expect business as usual at the Zoning Board of Appeals as well, but the Board can place conditions on its approval of the drive-through, for example dictating the layout of the site or location of the building.  The Board’s decision is final.  The matter does not have to go before City Council.

Save Milwaukee Avenue’s pedestrian orientation

Public Hearing December 13

If you’re able, please attend the Zoning Hearing on Tuesday,
December 13, 2011 at 10:00 a.m. at City Hall in order to preserve the “pedestrian street” designation of Milwaukee Avenue between Kedzie and Sawyer Avenues.

The official meeting agenda of the December 13 meeting of the Zoning Committee has not yet been posted, but the specifics of the proposed zoning change to remove the “pedestrian street” designation of a part of Milwaukee Avenue are posted on page 9 of the matters referred to the Committee on Zoning on November 2, 2011.

Milwaukee Avenue’s “pedestrian street” designation runs from Kedzie Avenue north to Central Park Avenue, but the area in question is Milwaukee Avenue between Kedzie Avenue on the south and Sawyer Avenue on the north as shown on the zoning map below.

Zoning Map of Milwaukee Avenue in Logan Square

The reason for the existing “pedestrian street” designation in the Zoning Ordinance is:

…to preserve and enhance the character of streets…that are widely recognized as Chicago’s best examples of pedestrian-oriented shopping districts.  The regulations are intended to promote transit, economic vitality and pedestrian safety and comfort.

Do you prefer the look and feel of a Milwaukee Avenue like this (below) with the “pedestrian street” designation?

Conforming “Pedestrian Street” Storefronts
on Milwaukee Avenue

or like this (below), and

Storefronts Non-Conforming to “Pedestrian Street”
Standards on Milwaukee Avenue

this (below) that would be permitted without the “pedestrian street” designation?

Curb Cut, Driveway and Visible Parking Non-Conforming
to “Pedestrian Street” Standards on Milwaukee Avenue

The two last photos are of current conditions on the stretch of Milwaukee Avenue in question, but they are not a direction to aspire to.  They are legally non-conforming to the “pedestrian street” requirements because their conditions existed before the Zoning Ordinance was changed in 2004 to include “pedestrian streets” as part of the city’s nearly four-year long, thoughtful and fairly comprehensive overhaul of the Zoning Ordinance for the first time since 1957.

I’ve written before about different components of the “pedestrian street” designation in the context of other issues, twice in 2008, in 2009 and again in 2010.

The designation prevents blank windowless walls, buildings set back more than five feet from the sidewalk, curb cuts, driveways and drive-throughs, parking in front of buildings, strip centers, and banks crowding together.

The designation encourages pedestrian-scaled entrances on the street, outdoor display of produce and plants, transparent windows for pedestrians to look into, outdoor eating areas, and limited and hidden parking.

Removing the designation would not only encourage car-centric development, but require some future development to provide parking that is not currently provided (or needed due to the proximity of the Emmett Street parking lot).

I don’t know why the alderman has proposed to make Milwaukee Avenue more car-centric.  I don’t know why he chose not to meet with the community about this proposed change. I do know that your views can be heard though at the Public Hearing December 13 before the Zoning Committee, a committee on which he sits.