DuPage County Board votes 16-0 for new regulations for proposed religious congregations

Amidst a number of proposed mosques in DuPage County (see the latest example just south of Naperville), the DuPage County Board voted unanimously on Wednesday to institute new regulations for religious congregations:

The measure, approved 16-0, came in the wake of five recent applications for new Islamic centers or mosques in residential areas in the county over the last two years. Three of those applications were approved by the board, one near Naperville was rejected, and one near West Chicago is pending. The new regulations would not affect those applications or other existing facilities.

Under the changes, a new place of assembly will be prohibited in a single-family house without a variance granted by the County Board. Variances also will be needed for any facility, regardless of its size, that does not have primary access on an arterial street or is not hooked up to public sewer and water service.

The county originally had considered barring all new places of assembly from unincorporated residential neighborhoods, but the board scaled back on that plan during the committee process. Along with religious houses of worship, the measure applies to other gathering spots, such as lodges for veterans groups.

Several quick thoughts:

1. I’m glad they scaled back their plans. No new religious buildings in unincorporated residential neighborhoods?

2. I wish these articles say how much land this applies to in DuPage County. These regulations cover unincorporated areas in the county, not land that is part of a municipality. Individual municipalities can develop their own zoning regulations.

3. Here is the reasoning behind these new regulations:

Board member Jim Zay, R-Carol Stream, said the measure is necessary to control disruptive changes to neighborhoods.

“What we’re worried about is people’s property rights,” Zay said. “In our district, we have a lot of single-family homes being bought, and the next thing you know, there are 25 cars in the driveway, and (neighbors) are up in arms.”

Translation: “disruptive changes” are bad for property values. In other words, having religious assemblies in houses or veteran’s groups meet in houses would bring down the whole neighborhood.

4. What exactly would the Board say precipitated this move? Why don’t reporters ask the Board members?

When Naperville property switches from proposed church to proposed mosque, opposition emerges

I’ve thought about this scenario before: in an American community, would a proposed church and proposed mosque of roughly the same sizes and impact on the neighborhood encounter the same amount of opposition from neighbors and community members? Here is a case in Naperville that fits this scenario:

For years, HOPE United Church of Christ advertised on its front lawn plans to build a church on 14 acres it owned just southwest of Naperville, and the minister there says he never heard so much as a peep of displeasure.

But those plans fell through, and now that the church wants to sell the property to another religious group, protests have erupted at the Naperville Planning and Zoning Commission. Handmade signs critical of the deal have sprouted on utility poles…

In DuPage County, the Islamic Center is asking Naperville’s Planning and Zoning Commission to recommend annexing the unincorporated Will County land into Naperville. The city surrounds the parcel, and desirable Naperville subdivisions — Tall Grass and Pencross Knoll — are on three sides of the property.

The Islamic Center says it wants to hold gatherings on the property and use the home located there as an office — just as HOPE United has done in the past.

None of the people who publicly addressed the commission about the center’s proposal at Wednesday night’s meeting specifically objected to a mosque.

But more than a dozen said they opposed the annexation and long-term plan to place a religious center on the site.

Fascinating. The complaints from neighbors sound like a lot of typical NIMBY complaints: concerns about traffic, safety due to more kids being in the neighborhood, whether the mosque will be used late at night or at odd times, and the implicit idea that property values might be negatively influenced by this construction.

At the same time, it seems like there is more going on here. One resident would really rather have a trailer park? In Naperville? So a mosque is more problematic than a trailer park? And there are signs being put up to oppose the mosque? This sounds unusual – but also hints at the real reasons mosques are opposed by suburban residents.

I’ll keep watching the situation.

(I’ve been keeping track of several other mosque proposals in the Chicago region. Here are several posts on a proposed mosque in unincorporated Lombard: 9/13/11, 6/29/11, and 1/28/11. In the Lombard case, it appeared the neighborhood was much more welcoming. One survey suggests Americans would be open to a large Buddhist temple nearby but I would guess this question has some social desirability bias and opinions would change if the proposed temple was right near the respondent’s home.)

The Wall Street Journal on turning McMansions into affordable housing

Others have already suggested this idea but the Wall Street Journal reports on another call for turning McMansions into affordable housing:

McMansions, a type of home became popular with affluent boomers during better times, have fallen out of favor as more consumers seek smaller, more affordable homes that cost less to operate. They also want to trim the gas tab by living closer to their jobs and public transportation – the opposite of McMansion developments deep in suburbia filled with gas-guzzling SUVs. (There’s no precise definition of a McMansion, but it’s often a case of you know it when you see it.)

Such changes in taste — and, of course, the foreclosure crisis — has left America saddled with about 30 million more homes on large lots than the market needs, The Atlantic Cities writes. But rather than let them languish on the market indefinitely, Mr. Nelson suggests converting these excess homes into affordable housing or housing for multi-generational or multi-family households. (Developments called Mr. Nelson for comment, but he was not available.)

Such homes, he points out, can have more bathrooms than bedrooms, allowing for residential space that could be divided into private units, with a common kitchen and living room. Some already have or could be outfitted with second or third kitchens. Plus, there’s plenty of room for several cars and, usually, enough of a backyard for a swing set or two.

“When you add up the spaces and how they’re distributed, the typical McMansion can be occupied by three-to-five households with their own splendid privacy, their own large space,” Mr. Nelson is quoted as saying.

Just because there may be these larger housing units available does not mean that it would be easy to make them into affordable units and/or rentals. Here are some obstacles:

1. Whoever owns these houses would have to agree to this. Would the owners want this or is this an idea from critics who don’t like these homes that want this to happen? If the homes are in foreclosure, do the banks want to jettison them quickly and do the new buyers want to convert them into more units?

2. One can’t go into many neighborhoods where McMansions are located and simply subdivide the houses into five or six units. This would require zoning changes or special exemptions from a community. If the neighbors found out about this, I imagine many would not be happy. How many would want several houses in a large neighborhood to start being effectively apartments/condos? There would be questions about traffic, safety, and perhaps under the surface, who exactly would be moving into these affordable housing units.

3. The locations of many of these homes could still lead to affordability issues. If the McMansions are in exurbs, it would require a lot of driving to get to jobs, schools, and other places. The houses may be more affordable but the other costs of sprawl would still show up.

These are not insurmountable issues but it is not necessarily an easy or quick path from McMansion to source of affordable housing.

Chicago couple moves into trendy West Loop area, mad when it attracts new developments and changes

This could be the cynical alternative headline one might apply to the front-page story of Friday’s Chicago Tribune Business section. Here is a quick overview of this story titled “West Loop project building discontent“:

In recent years, the West Loop has become a magnet for young professionals like Dore who like a balance between urban convenience and peaceful suburbs. But as Dore reached an empty parking lot on the southeast corner of Madison and Green streets, he glared at what he and his neighbors fear will be the end of their peaceful lifestyle — a parking lot that soon could be the site of a 22-story hotel.

“I’m just disappointed,” said Dore, who earlier this year became the reluctant leader of a group of neighbors who fought a losing battle against the high-rise. The first phase of the project, a three-story retail building anchored by a Mariano’s Fresh Market grocery store, is expected to break ground next month.

Their arguments that the project will block views, increase traffic and change the neighborhood’s dynamic have been made by residents in up-and-coming locations for years. As neighborhoods like the West Loop, the South Loop or the Near North Side grow, residents can be at odds with business owners, developers and city officials over the kind of development they want in their communities…

Dore and his wife, who moved to their three-bedroom condo in May 2009, say they are disappointed. Two years ago, they thought they had found a neighborhood close to the Loop that was also an ideal place to raise a family. Five weeks ago, their daughter, Anna, was born. But they are not sure they will stay in the West Loop.

The general argument here is not unusual: residents move into a neighborhood, whether in the city or suburb, the neighborhood starts changing, and residents are unhappy and start making NIMBY arguments. But several things struck me about this article:

1. I’m always somewhat surprised when residents act like the neighborhood can’t change. Particularly in this case, they moved into a trendy West Loop area. They like what this gentrified area has become. But other people and businesses want to move there as well. City neighborhoods often change rapidly and not only is this one trendy, it is relatively close to the Loop. Proponents of the new development suggest that the retail stores are needed and could be profitable. Did the residents really think that the neighborhood was going to be frozen in time?

1a. The site in question was formerly a parking lot. This unattractive use is preferable in a neighborhood? In many cities, parking lots are simply holding spaces until the owners can find a more profitable use. The money in parking lots is not the daily parking but rather waiting for the land to become really valuable and then selling the lot for big money.

2. The residents followed a typical path: form a community group, show up at public hearings, and let your local politicians know about your opinions. Just because their opinions were not followed doesn’t mean the system is broken.

3. At the same time, the article sounds like a classic example of the political economy model of growth. The neighborhood has succeeded to the point where bigger businesses now want to make money in the neighborhood. Politicians like these projects because they bring in more money in terms of jobs and property and sales tax revenues. I don’t know that there is much that the residents could have done to slow this down.

4. This really is written more as a human interest story rather than an overview of the development process. The perspective the newspaper readers get is that these residents have a legitimate grievance. Only later in the story do we hear the reasons why some want the new development to happen. Are we supposed to think that these city residents should be pitied because their West Loop paradise has been lost? The story could have been told in a completely different way that wouldn’t have made this one couple out to be victims. I’m kind of surprised this leads off the Business section because it really is a negative story when it could have highlighted how this neighborhood continues to thrive and attract development.

Building intermodal facilities to relieve traffic congestion

After examining a new report that Chicago has some of the worst traffic bottlenecks in the country, the suggestion is made not to add lanes to the highways but rather to build more intermodal facilities:

“This is a roadway that has 1950s technology that we are using for 2011 traffic,” said Don Schaefer, executive vice president of the Mid-West Truckers Association. “Aside from a few locations on the Illinois Tollway, there are very few roadways in the Chicago area that are engineered to handle 2011 traffic volumes.”

Adding highway lanes is unlikely to produce the capacity necessary to ease congestion, experts said. A partial solution involves building more intermodal facilities where truck trailers are loaded onto flatbed train cars and transported long distance by rail, then transferred to trucks for the last segment of trips.

One such facility is the sprawling CenterPoint Intermodal Center near Joliet, on the site of the former Joliet Arsenal. But even there, truck traffic is a problem on Arsenal Road leading to Interstate Highway 55.

“The state is building a new interchange to relieve traffic, but today truck traffic trying to get off I-55 southbound is backed up on to the highway,” Schaefer said.

While adding lanes may seem like “common sense,” studies consistently show that this simply encourages more traffic. Think about places have kept adding lanes like downtown Atlanta (I-75 corridor in particular) or the Los Angeles region. Traffic is still an issue during peak times and those roads are already at six or more lanes in each direction.

Intermodal facilities are an intriguing solution. A few thoughts about these:

1. Do most Americans even know what they are? If not, they should as many of their consumer items are routed through these facilities.

2. Part of the reason this article caught my attention is that just last week I drove right by the Centerpoint Intermodal Center which is just east of I-55 and just south of the Des Plaines River. The area was an interesting one: the large facility itself is surrounded by a number of warehouses and distribution centers, including Wal-Mart. When driving a car through such places, I tend to feel out of place as everything is a little bigger: the buildings, the space, the trucks. And yes, the ramp to get on I-55 northbound at Arsenal Road had a long backup of trucks.

Here is some more information on the CenterPoint Facility that just opened in 2010:

The facility will be a central spot where train containers from California, Texas and the Pacific Rim will be delivered for pick-up by trucks moving goods to warehouses and distribution centers throughout the Midwest.

CenterPoint already has an international intermodal facility in nearby Elwood. Combined, the sites will be the country’s largest inland port. In an era of high fuel costs and declining numbers of cross-country truck drivers, the facility is expected to be a more efficient, environmentally-friendly mode of hauling.

A third CenterPoint facility also is planned for Crete.

The $2 billion Joliet development – located on 3,800 acres south of Laraway Road between Brandon and Patterson roads – is the largest construction project in Will County.  It has created about 1,000 construction jobs.

3. What would it take to build more of these? One obvious question is where to put them. This one near Joliet is just outside the Chicago region and there is not much around it: an oil refinery and the Abraham Lincoln National Cemetery. Most importantly, there are not a lot of houses nearby. If you tried to build these closer to cities, I’m sure there would be NIMBY issues. Imagine if someone wanted to build a new one near the Circle Interchange in Chicago – residents would complain and the price of land would likely be prohibitive. There are some older facilities embedded in the Chicago region; for example, there is one in Chicago just south of Midway Airport between 65th and 73rd Streets. You can see Union Pacific’s Chicago region facilities here.

But these facilities are needed, particularly in the Chicago region with its radial railroad system and many at-grade crossings. In recent years, the goal has been to relieve some of the rail traffic closer to the city which was behind the fight over whether Canadian National should be allowed to purchase the Elgin, Joliet & Eastern beltline railroad that runs around the city and on which CN wanted to run more freight trains.

Balancing libertarian and humanitarian instincts when using the word “NIMBY”

Megan McArdle discusses how the word NIMBY is a prejorative term that tends to be used in instances when the user doesn’t approve of particular uses (opposed to uses that they would approve):

I think this is a little bit too cute.  I read DePillis pretty regularly, and I don’t usually see her calling out, say, people opposing a local Wal-Mart as “NIMBYs”; they’re “opposition groups”.  The term NIMBY seems to be reserved for people who oppose locating things in their back yards that DePillis herself thinks are laudable.  Small wonder that when she uses the word, people take it as a perjorative.

Nonetheless, she has a point: many people oppose having necessary but potentially disruptive things located near them, even if you think those things are a good idea; if you do, you should own it, not make up ridiculously implausible stories about how those inner-city kids wouldn’t really enjoy a halfway house in a nice, suburban neighborhood; they’d be much happier in a crack-infested ghetto like the one where they came from.  Don’t you know you shouldn’t remove creatures from their natural habitat?
 
In the case of people in some DC neighborhoods, they may even be justified.  Anacostia–and my own neighborhood–house an unusually large number of social service organizations, because land has been cheap, and the communities have lacked the socioeconomic power to block new projects the way that, say, Dupont and Friendship Heights have.  I don’t know the statistics on Anacostia, but Eckington/Truxton Circle house thirteen social service groups, from women’s shelters to So Others Might Eat, a wonderful organization that serves thousands of meals to homeless people every day.  Frankly, I haven’t found them disruptive–and indeed, didn’t really know they were there until controversy erupted over a plan to build a fourteenth service facilities.  But the fact remains that a lot of the homeless people hang out in what passes for the area’s park space between meals, and more than a few spend the day drinking single-serving beers from the area’s many liquor stores…
 
In this case, my libertarian instinct squares with my humanitarian instinct: at least in the case of private charities, I cannot, in good conscience, oppose letting them do whatever they want with the property they buy (within reasonable limits on things like toxic fumes and all-night jackhammer parties.)  But I don’t think it’s helpful to brand my neighbors who do as NIMBYs.  Oversaturation of neighborhoods with social services is a genuine problem for those neighborhoods.  We should treat it with at least as much respect as we give to those who don’t want to live near a big-box store.

McArdle seems to be suggesting that the use of the term NIMBY escalates a discussion about land use to an unhelpful level. As soon as the word is brought out, the terms of the discussion changes as the user implies that people are being selfish and those being called NIMBY then have to go on the defensive. Additionally, NIMBY is in the eyes of the beholder: what one person would see as desirable is an abomination to another.

The term McMansion, something I have spent a lot of time studying, is used in a similar manner. Just like NIMBY, the term evokes larger issues such as excessive consumption, sprawl, the disruption of a neighborhood, etc. McMansion and NIMBY are not simple descriptive terms that just refer to a big house or opposition to a particular land use. Both are politicized terms. NIMBY often refers to wealthier, white, more educated homeowners who want to protect their private utopias that many see as exclusionary and government subsidized.

Are there helpful alternatives to the term NIMBY?

Two common issues in affordable housing battles illustrated in Pawcatuck, Connecticut

A fight over affordable housing in Pawcatuck, Connecticut highlights several common issues in these battles:

1. The author suggests the development will ultimately go forward because of Connecticut’s particular zoning laws:

In the event of a denial by the PZC and subsequent appeal of that decision, Connecticut State Law 8-30g puts the burden on the PZC to prove substantial risk to public health and that those “public interests clearly outweigh the need for affordable housing; and (C) such public interests cannot be protected by reasonable changes to the affordable housing development.”

In other words, the proposed housing complex must pose a threat to the well-being of its neighbors. A mixed-use plan which calls for first floors eventually to be converted to commercial use, the proposal includes three buildings; two-three story buildings of 20 one-bedroom, 20 two-bedroom, four, three-bedroom and one, three-bedroom caretaker detached house, 89 parking spots and a playground.

This regulation about affordable housing sounds like it has more teeth than those in other states. For example,  Illinois tried to impose regulations in 2004 (read some important documents and annual reports here) but as far as I know, major changes have not occurred.

If planning commissions can’t do much about such proposals, how can communities fight back (if they desire)? I assume the typical NIMBY arguments, like traffic, might be thrown out to show the development is a danger to the well-being of the neighbors.

2. There is some mention about who would actually qualify for the affordable housing:

“We’re not dealing with low income housing, but attainable housing, Bates said. He said “civil servants that cannot afford McMansions,” like police officers and teachers.

The affordable housing formula calls for 20 percent of the units to be provided for families whose income is 80 percent of median income, 15 percent must be at 60 percent of median income with the balance at 100 percent of the median income—or market price for rents.

Interestingly, the attorney for the development (Bates) is the one suggesting it is about “attainable housing.” For worried residents, suggesting that the housing is really for teachers and police sounds much better. The subtext is that this really isn’t about bringing lower-class or poor residents into the community. On the other hand, the Connecticut regulations are tied to income. Pawcatuck had a median household income (2009 estimate) of nearly $58,000 so a household at 60% is making $34,800.

In the end, is opposition to the development about the density of housing that might not fit the community, is it about the kind of residents who might move in, or is it about property values?

(Read about another fight over affordable housing in Winnetka, Illinois.)

Seeking height variances for DuPage mosques

I’ve been keeping track of several proposals  for mosques in DuPage County (including one near Lombard) that have been working their way through the approval process. One issue has been the height of the buildings. A group looking to build a mosque near Willowbrook is going to seek an exception to existing regulations:

The Muslim Educational and Cultural Center of America is one of two Islamic groups to be denied a height variance request this year by DuPage.

County board members granted MECCA’s request for a conditional-use permit so it can build a roughly 47,000-square-foot mosque along 91st Street near Route 83. But in a separate action, they refused to give the group permission to exceed the height restriction of 36 feet so it could have a 69-foot dome and 79-foot minaret.

Mark Daniel, an Elmhurst-based attorney representing MECCA, said the group has reapplied for a shorter 50-foot dome and 60-foot minaret. A public hearing on the new height variance request is scheduled for November…

Board members who opposed the height variance said MECCA representatives failed to show the denial would result in a legal hardship.

While the lawyer for MECCA suggests that there are plenty of religious buildings nearby over 36 feet, the County says the new rules went into effect in 2005 and have been followed since.

I would guess that the 2005 regulations were put into place because of NIMBY concerns: residents didn’t want large structures dominating the sky near them. Since the steeple seems to be on the way out, perhaps having a tall building now indicates that the structure will be quite large, leading to the typical concerns of traffic and late night crowds. Looking at the Google Map satellite view of the intersection of 91st Street and Route 83, it appears there are a number of nearby residential neighborhoods.

If the County has applied these rules to all religious groups, perhaps MECCA could suggest that the entire regulation be examined. Thirty-six feet tall is roughly 3+ stories, somewhat sizable but not that tall. MECCA’s proposal is for about double that height. Indeed, another Chicago-area organization has suggested the height regulations are unfair:

In the meantime, the Council of Islamic Organizations of Greater Chicago this week issued a statement claiming that legal experts have questioned the method DuPage used to adopt its existing height limit. The council said the “potentially illegally adopted” restriction violates state law and the federal Religious Land Use and Institutionalized Persons Act.

It would be interesting to then hear from these legal experts.

“Opportunity hoarding” in suburban schools

Two education researchers argue that suburban schools have practiced “opportunity hoarding”:

While urban schools’ not keeping pace with suburban schools is an acknowledged problem, few have studied the causes of the discrepancies. John Rury and Argun Saatcioglu, professor and assistant professor of educational leadership and policy studies, recently published an article in the American Journal of Education showing how some suburban school districts gained advantages, thereby excluding them from some others. “Opportunity hoarding,” a term coined by sociologist Charles Tilley, claims that a group that gains advantages tends to work to maintain them.

“Basically, it’s rules of exclusion,” Rury said of the term. “Many suburbs are almost a textbook case of people doing that. They are often marketed as ‘exclusive neighborhoods.’”

Suburban schools have not always had advantages over their urban counterparts. Rury and Saatcioglu studied census data from 1940, 1960 and 1980.

“In the ’40s, urban schools were it. They were the best schools,” Rury said. “Forty years later, it was just the opposite.”

This would fit with a larger story of suburbanites escaping the problems of the city after World War II.

This overview makes it sound like the researchers propose a zero-sum game: if suburban schools have more resources, city schools necessarily have less. Is this necessarily the case? And what evidence is there that suburban schools and communities don’t want to give up their school’s advantages – a resistance to forms of property tax sharing? How could suburbanites be convinced that giving up their own advantages, such as better schools, is worthwhile?

The comment about the switch from the good schools being in the city to the suburbs reminds me of the book Schools Betrayed: Roots of Failure in Inner-City Education. This text looks at what changed in the Chicago Public Schools between 1940 and 1960, emphasizing the increasing segregation within these Northern schools.

Not just single-family homes: McMansions can be townhouses

McMansions typically refer to single-family homes. I had not seen this before but here is a reference to “McMansion townhouses” in a letter to the editor:

The proposal also appears to be extremely bad financially for the county. EYA proposes to build 30 McMansion townhouses on River Road at the Kenwood doorstep. Each household will have two to three automobiles, not counting transient maids, maintenance, deliveries and other service vehicles, adding to present traffic. Presently, this dangerously narrow bottleneck pours excessive traffic onto River Road at the Kenwood doorway. Furthermore, the proposal to allow an outlet onto Little Falls Parkway is bad precedent and the proposed inadequate land swap and will do nothing to solve the traffic impact. It will diminish the amount of “real” park land. Little Falls Parkway is already overly and dangerously congested — it is an extremely narrow road at the proposed outlet.

An earlier piece on the proposed development says the townhomes would be built on a former industrial site. More details from a report suggests there will be “25 market-rate townhomes and four Moderately Priced Dwelling Units.”

Even though I found several documents regarding this proposal, I don’t know exactly what the townhomes will look like. If I had to guess at what a McMansion townhouse might look like, here are some ideas:

1. The structure incorporating several townhouses would look cartoonish with large rooflines, bloated details (two-story pillars, three-car garages that stick out, etc.), and a disregard for nearby architecture.

2. The homes would take up a large percentage of the lots, prominently backing up to other developments who won’t be able to avoid the new construction.

3. These will be large homes, perhaps greater than 3,000 square feet.

But perhaps the usage of McMansion in this case is a little different. It could refer to:

1. The homes are newer construction. By virtue of being new, the townhomes get this moniker.

2. Larger processes of sprawl. Residents who already live in the area want to defend what they bought into, preserve open space (even if it is fairly ugly industrial land), and limit the density of development.

3. The term is simply meant to paint the townhomes in a negative light, regardless of their actual design.

I will have to keep my eyes open to see if others refer to McMansion townhouses.

As a side note, this letter contains a classic NIMBY argument: the new development will add too much traffic to the area and the development will not bring in the money needed to offset the services that will be required.