As some of our more astute and faithful PRU readers may be aware, any changes to the Park Ridge zoning code will cover the entire town -- as has been previously mentioned, anything less is spot-zoning and likely to get us into trouble.
Which brings us to the proposed text amendment offered for consideration by 4th ward Alderman Jim Allspaghetti -- The PRU Crew strongly believes Ald. Allspaghetti was doing favors for either Joseph Loss and his Generation Group, Inc. or his close legal associate, Frank DiFranco -- or both.
In typical fashion, Ald. Allspaghetti looked no further into the issue than the money on (maybe under?) the table. And he, along with his buddies, prefer the people of Park Ridge look no further either.
But we can't help ourselves. We like wide open vistas. We especially like those vistas uncluttered with billboards.
We've taken a look at the zoning map(.pdf) of Park Ridge and some of the laws governing the placement of billboards and what we've found is billboards, once allowed, are only limited in placement to areas zoned commercial and--or industrial.
It necessarily means any commercial property could conceivably ask for and receive a permit to construct a billboard.
We've also found one of the next likely places for permit requests for billboards 80 feet tall with 1200 SF faces is probably somewhere along what's known as the Higgins corridor.
So what, you may say? Take the (court-determined unconstitutional) impact fees offered and head to the bank, you may say?
Here's the so what -- the Higgins corridor has long been discussed as one of the next areas in Park Ridge which is "ripe" for redevelopment. In fact, we know of at least one entity which has been discussing a large development along the Higgins corridor. We are also aware of that entities likely need for either the Sate and--or the City to employ the use of eminent domain for such a large development.
And here's where billboards come in --
If either the State and--or the City were to engage in a "taking" of any property along the Higgins corridor, and if any of those properties have leases with any billboard companies, then those billboards become part of the "taking."
So what, you may say again?
Here's the so what -- courts have increasingly determined that billboard companies should be "fairly compensated" for such a "taking" and the value of the billboards are increasingly appraised based on the income approach, which is far greater than the mere cost of constructing a billboard -- the cost approach.
The income approach could add hundreds of thousands, if not millions, to the expense of a "taking" in the use of eminent domain.
And we hope everybody understands the employment of eminent domain means taxpayers foot the bill for any and all costs involved -- which necessarily includes compensating billboard companies for any lost income from a taking of their property.
So, if by some miracle the City of Park Ridge actually can receive and keep any (court-determined unconstitutional) billboard impact fees, we suggest keeping those fees in the bank because you're going to need them for any future litigation and compensation to the billboard companies in the event of a redevelopment which may require the employment of eminent domain.
Did anybody really think a change in the zoning ordinance to allow billboards on the Renaissance property wouldn't affect the entire town of Park Ridge? Somewhere? Some way? Down the road?
Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts
January 6, 2010
Redevelopment And Billboards, Baby!
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ParkRidgeUnderground
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Labels: billboards, eminent domain, Zoning Code
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