American Planl1.ing AssociationIllinois Chapter

Spring 1988 117

Illinois Candidates Best Bet in APA-AICPElections

In the old days, at least one ortwo of APA's Directors were fromIllinois. Today there are none - thereare so many Texans on the APABoard, and so many running for it, thatwe may have to change APA's nameto the Texas Planning Association ..

Itdoesn't have to be that way.Three superb candidates from Illinoisare in the running for two seats on theAPA Board - James Peters for APAAt-large and Janet Muchnik forRegion IV - and one on the AICPCommission - Leslie Pollock.Coupled with two mid-westernersseeking the presidencies of APA -Stuart Meck - and AICP - JosephFlynn, Jr. - we can restore a majorityon the APA Board and AICP Commis-sion dedicated to helping us do ourjobs more effectively by:

* Making continuing education moreaffordable and more accessible bypiggy-backing workshops onto chap-ter and regional conferences ratherthan relyingjuston the very expensiveAICP nationwide workshops;* Building public and political supportfor sound, ethical planning by helpingchapters develop effective lobbyingand public relations capabilities, andwinning more favorable planning andzoning enabling legislation;* Attracting the elected officials andplanning commissioners who have thefinal say on our professional work intoAPA and educating them so they can

learn more about sound planning prac-tices;* Helping planners when politicsthreaten their jobs and the existence ofwhole planning departments; and* Continuing the sound fiscal policiesin APA that put an end to the dueshikes we suffered every three or fouryears.

APA President-ElectCandidate Stuart Meck (Oxford,Ohio, Planning Director) and AICPPresidential Candidate Joseph Flynn,Jr. (once Detroit's Planning Director)were part of the Board majority (alongwith myself, Bill Toner, Frank Popper,Dudley Onderdonk, Norm Krumholz,Edith Netter, and others) that initiatedAPA's current emphasis on state andlocal lobbying and public relations,ended freqent dues hikes, reduced thesize of the Board, tried to move staffnot essential to Washington, DC, toAPA's Chicago office ($100,000 /annual rent savings), started Job Marton its way to again being a free part ofthe basic membership package; andinitiated APA's active involvement inhousing issues. Stuart and Joe becameAPA's most effective Directors bybridging the gap between all Boardfactions.

James Peters, running forthe At-large APA seat, would bring abroad perspective to the APA Board,having worked for public planningagencies and consulting firms. Cur-rently Midwest Director of the Ameri-can Famland Trust, Jim is well-atuned

to the needs of the working planner.When he was Associate Editor ofPlanning magazine, Jim consistentlyemphasized publishing practical ar-ticles that would help us do our jobsmore effectively.

If APA is to fully implementits efforts to help local planning pro-grams fend off the efforts of anti-plan-ningpoliticians to eliminate them Gustlook at what's been done to theDuPage County Planning Depart-ment), we need people on the APABoard who have beaten such efforts.As a three-term Park Forest VillageTrustee, professional planner JanetMuchnik successfully defeated majorefforts to eliminate Park Forest's plan-ning functions. Her experience as anelected official (there are none on theBoard and she's the only one running)can help AP A become more effectiveat building respect from other electedofficials for our Rodney" Idon't getno respect" Dangerfield profession.Janet is currently Director of Eco-nomic Development and CommunityRelations, as well as Acting CityManager of Country Club Hills.

We need Leslie Pollock onthe AICP Commission if AICP is tobecome more responsive to the needsof all planners. His years as an Illinoisplanning consultant have sensitizedhim to the unique difficulties Illinoisplanners face. He can help assure thatAICP remembers that not all plannersenjoy the pleasures of California's orFlorida's pro-planning state legisla-

continued on page 2

Plannning News Spring 1988

Pending Legislation: Zoning Preemptionfor the Developmentally Disabled

continued from page 1tion.

With your votes for thesecandidates, you can help build a major-ity on the APA Board and AICPCommission oriented to the "ordinary01' planner." Only then willAPAtrulyachieve the bright promise of theASPO-AlP consolidation.

by Brian E. ElliffJoint Degree Student, Master of Ur-ban Planning and Juris Doctorate

rently pending in the Illinois legisla-ture, seeks to preempt all local zoningpowers over group homes for develop-mentally disabled persons(l). Sincemid 1970, over 30 states have passedlaws with similar objectives(2). Theseenactments arose due to discrimina-tory use of local zoning power to ex-clude developmentally disabled grouphomes from some residential neigh-borhoods. Such zoning often resultedfrom mass protests by neighborswhom local authorities felt pressuredto accomodate.

Numerous studies suggestthat common fears surrounding grouphomes (decreased land values, safetyconcerns, increased noise, mainte-nance of neighborhood character) arelargely imaginary(3). H.B. 2611, theproposed Community ResidenceRight to Locate Act, protects grouphomes from exclusionary zoningbased on these unfounded fears. Thebill is designed to make all neighbor-hoods accessible, thereby promotingnormalization for the developmentall ydisabled. All local zoning power ap-plicable to these group homes, regard-less of purpose, would be replaced bystate statutory authority.

H.B. 2611 and similar laws inother states raise certain issues of law.Preemption of local zoning authoritymay conflict with home rule powersgranted by the state constitution. TheIllinois bill also retroactively invali-dates private restrictive covenantsagainst group homes. Such invalida-tion may theoretically pose violationsof the United States Constitution.

The legislation requires thatno greater restrictions be placed ongroup homes for the developmentallydisabled than those placed on conven-tional residences. The bill does notapply to homes for criminal elements,alcoholics, substance abusers or thosewith communicable diseases. Allzones which allow single-family resi-dences must also allow "community

continued on page 3

OverviewThe Community Residence

Right to Locate Act (H.B. 2611), cur-

Farmall Property Gets New Lifeby Dale Horneck, existing small busines~ inc~ba~r pro-Economic Development Finance Co- gram. A $500,000 Bulld IlhnOls grantordinator has been committed for this purpose.City of R~ck Island Nine tenants ~e ov~rflowing the e~ist-

ing small busmess mcubator locatIon.As a part of the deal, Navistar

also agreed to contribute $75,000 tothe City's newly formed venture capi-tal fund. The fund will be used toattract new tenants to the incubator andother parts of the building. The totalamount of the fund is expected to be$500,000.

The 82 acre site is locatedalong the banks of the MississippiRiver. Navistar has retained the river-front portion of the project for a routineenvironmental analysis. When thestudy is completed, the City will usethis land for a public recreation areaand a bike path. Riverfront planningfor the site and adjoining properties isalready underway. The entire site islocated within the Rock Island Enter-priseZone.

The project was announcedat a press conference on March 9,1988, attended by Governor Th-ompson; James C. Cotting, Chairmanof the Board of Navistar; MayorRobert Millett of Rock Island; andlocal developers and officials. Gover-nor Thompson stated, "Yesterdaymight have been Super Tuesday in thesouth but today is Super Wednesdayfor the Quad Cities. "

Rock Island City ManagerJohn Phillips commented that the proj-ect was "a textbook example of a pri-vate-public partnership working to-gether to undertake a project that oth-erwise wouldn't be possible." One~hundred fifty jobs are expected to becreated by the project in the first year.

What do a bike path, a largeindustrial building, a small businessincubator, and a venture capital fundall have in common? They are all partof a multi-party deal to put the vacant1,800,000 square feet Farmall build-ing in Rock Island back to productiveuse.

Navistar International Trans-portation Corporation sold the plant,which was vacated in 1985 and for-merly used to manufacture tractors, tothe City of Rock Island for $1.00. Theproperty was most recently on themarket for $7 million. The city thenturned most of the property over toL.R.C. Developer, Inc., a firm headedby two neighboring Moline business-men. L.R.C. has agreed to invest aminimum of $1 million for immediaterenovation of the property and at leastan additional $2 million after the firstyear. Navistar will also spend$760,000 to remove asbestos from theproperty. The developers will also putall profits back into the project until atleast 1.2 million square feet have beenoccupied. The first tenant for the proj-ect is expected to be announcedshortly.

Also, as a part of the deal, theCity agreed to sell an office buildingon the property to Nomura Enterprise,a rapidly growing Rock Island com-pany, for $600,000 to use as its newheadquarters.

The City will lease 100,000square feet of space in the main plantfor $1.00 for ten years to expand its

continued from page 2

residences" of eight or less. All zoneswhich allow multi-family must alsopermit group homes of nine to 15. Inboth situations, such residences maynot be located within 1,000 feet of eachother.

The act would retroactivelyinvalidate any private restrictive cove-nants which exclude use as a develop-mentally disabled group home. Thebill provides for a grant to communi-ties with a .1% population of disabledresidents. The funds, if appropriated,would provide for needed neighbor-hood improvements for the disabled.Home rule zoning authority overcommunity residences is specificallypreempted.

In Cleburne v, Cleburne Liv-jng Center. Inc., 105 S.Ct. 3249(1985), the U.S. Supreme Court strucka city ordinance which required a spe-cial permit for developmentally dis-abled group homes in a multi-familyzone. In that case, the city still requireda special permit because the residentswere mentally disabled. The ordi-nance was found unconstitutionalbecause no rational basis existed forthe permit requirement.

A significant part of the opin-ion stated that mentally handicappedpersons were not a suspect class. As aresult, judicial review oflaws aimed atdevelopmentally disabled will not besubject to strict scrutiny to determinemotive. Laws, for example, whichclassify based on sex or race are auto-matically subjeted to heightened scru-tiny.

In Belle Terre v. BOTas,416U.S. 1 (1974), the court held constitu-tional a zoning ordinance which lim-ited the number of unrelated personswho could occupy a household. Ap-plying the rational basis test, the courtfound sufficient reasons to support thelimitation (noise, congestion, ete).Because a rational basis existed, theordinance survived the constitutionalchallenge.

Planning NewsIf a rational reason existed,

perhaps health or safety, the constitu-tionality of zoning that restrict any non-family units including developmen-tally disabled would not be barred byCleburne. In Cleburne, the courtviewed the permit requirement thereas purely exclusionary because noreasonable justifications were offered.Belle Terre, on the other hand, offersconstitutionally adequate, rationalreasons to exclude unrelated personsfrom occupying a single residence.

Because they are not a sus-pect class, Belle Terre type zoningmay be enforced against developmen-tally disabled community residenceswithout due process or equal protec-tion violations. Such zoning whenapplied solely to exclude the develop-mentally disabled, however, seems toviolate norms of fair public policy.RB. 2611 addresses this problem.

In home rule states whichhave adopted laws similar to H.B.2611, a judicial spectrum ranging fromtotal invalidation to complete accep-tance has developed. In Ohio, the stateSupreme Court has invalidated thatstatute. In Garcia v. Siffrin ResidentialAssn., 407 N.E.2d 1389 (1980), theOhio court refused to recognize devel-opmentally disabled resjdents as afamily for zoning purposes. The courtheld that local zoning power was apolice power granted to the municipal-ity by the state constitution. The courtfurther invalidated state statutes whichpreempted local zoning ordinancesprohibiting group homes in residentialdistricts.

In Louisiana, the court simi-larly extracted most of the law's teeth.In City of Kenner v. Normal Life ofLouisiana, 483 So.2d 903 (1986), theLouisiana Supreme Court held that acity zoning ordinance was properlyinterpreted to prohibit cohabitation bymore than four unrelated persons. Thezoning ordinance was held not to vio-late that state's equivalent of H.B.2611. This holding affirmed the ap-

peals court, which had held the statestatute was not entitiled to overrule thelocal unit's Belle Terre type zoninglimitation. Thus, the Belle Terre zon-ing effectively excluded the develop-mentally disabled residence, despitethe state law designed to prevent sucha result.

More commonly, state courtsentertaining litigation over commu-nity residence acts will uphold them asconstitutional. Typically they holdthat the facilities are exempt from localzoning, and that the act does not con-flict with constitutional home rulepowers (see, Mental Health Associa-tion of Union County. Inc. v. City ofElizabeth, 434 A.2d 688 (1981), up-holding preemption of local zoningauthority).

In City of Evanston v. Create.Inc., 421 N.E.2d 196 (1981), the Illi-nois Supreme Court held that in theabsence of express intent, an enact-ment by the state legislature does notautomatically overrule local authority.Because H.B. 2611 contains languageof express preemption, it would appearto meet the constitutional require-ments for effective limitation of homezoning rule power if passed by a three-fifths majority of each House.

The Illinois CommunityResidence Right to Locate Act wouldretroactively invalidate private restric-tive covenants against group homes.The policy of opening all neighbor-hoods to developmentally disabledwould not thereby be frustrated byprivate agreement. Other state courtshave enforced similar statutory bansagainst private restrictive covenants,intended to frustrate group homes. InWestwood Homeowners Associationv, Tenhoff, 155 Ariz. 229 (1987), thecourt refused to enforce a restrictivecovenant against group use becausethe covenant was contrary to publicpolicy as set out by the Arizona Devel-opment Disabilities Act.

By retroactively invalidatingcontinued on page 4

Page 4continued from page 3restrictive covenants, the Illinois actfalls in with a minority of states. Of thestates which invalidate restrictivecovenants, about nine, most do soproactively(4). Invalidation of restric-tive covenants which predate the lawraises several theoretical questions ofconstitutionality. The retroactive in-validation could arguably be in viola-tion of the federal constitution Article1 Section 10 (impairment of contract),and Amendment V (eminent domain/taking).

(1) Developmentally disabled gener-ally means those suffering from leam-ing disorders. Conflicts may arise overexactly who may be placed in a com-munity residence facility (see, Green-tree Civic Association v. Pignatiello,333 N.W.2d 350 (1983), holding thatthe Michigan Adult Foster Care Facil-ity Licensing Act did not preventplacement of mentally ill persons insmall group homes).(2) Smith and Jaffee, Siting GroupHomes for Developmentally DisabledPersons, 397 Planning Advisory Serv-ice 17-19 (1986).(3) id. at 31.

What Can You Do ForPlanning?

The Illinois Chapter of the AmericanPlanning Association has the immedi-ate need for volunteers and nomineesin the areas of activity listed below.Call or write the board member indi-cated if you wish to serve in any capac-ity. (phone numbers and addresses areon the back of Planning News.)

Upper Great Lakes PlanningConference

Clyde W. ForrestMinority Membership in AP AI

RecruitmentJacques A. Gourguechon

Outstanding Planning Awards1988

Judy C. Douglas

Local Initiatives ToCatalyze Economic Developmentby Lynne M. Cunningham,Executive Director,Southeast Chicago DevelopmentCommission

In 1981, the SoutheastChi-cago Development Commission,(SCDCom) was established by busi-ness and community leaders in thesoutheast area of Chicago to catalyzeeconomic development in thecommu-nity. The area had historically beenpart of the vast steel-making regionthat stretched from the neighborhoodof South Chicago to Gary, Indiana,around the south shore of Lake Michi-gan. SCDCom has organized an eco-nomic development strategy which isbased upon the various aspects of thejob creation process. This article willdescribe the tools that the communityhas utilized to begin to mitigate theeffect of economic problems rooted inthe national and international econ-omy.

The recession of the late1970s and early 1980s, along with theaccompanying structural changes inthe steel industry, was especially dev-astating to the community. The three

major steel mills in the communitysubstantially curtailed operations orshutdown. U.S. Steel (now US X) shutdown all of its operation except for abeam mill that employs 900 workers,thus eliminating 9,000 jobs. Wiscon-sin Steel, once owned by InternationalHarvester (now Navistar) went bank-rupt after being sold to an engineeringfIrm, throwing 3,500 people out ofwork overnight. An analysis com-pleted by SCDCom in 1982 showed a56% loss in the number of jobs avail-able in the area and a 35% unemploy-mentrate.

In the early 1980's econo-mists began to discuss the potential ofEnterprise Zone tax incentives to gen-erate economic development. JamesFitch, the chairman of a local bank, theSouth Chicago Savings Bank, saw theconcept as a means of sparking theredevelopment of the community. Heled the effort to organize SCDCom asa base from which to bring the conceptto the forefront of the Illinois GeneralAssembly's legislative agenda. Thelegislation was passed, and the south-east area was designated as an Enter-priseZonein 1983. TheZonedesigna-

continued on page 5

Position Available: Transportation PlannerThe Pueblo County Depart- ning experience. Will consider

ment of Planning and Development is Bachelor's Degree in planning, eco-seeking applicants for the position of nomics, business, public administra-Transportation Planner. The position tion, engineering, or related field withperforms professional level transpor- signifIcant professional experience ortation transit planning and analysis direct experience in the lead role pre-work within specifIed contract per- paring a TDP. Salary level: $27,700formance guidelines. This work con- on a contract basis, negotiable as asists of the research, development, staff position with salary plus fringewriting, and fInal preparation of the benefIts less than or equal to $27,700.Pueblo County Rural Transit Develop- Please send resumes to: James E.mentPlan(TDP) within a 12-13 month Spaccamonti, Director, Pueblotime frame. Requirements include: County Department of Planning andMaster's Degree in Planning, Eco- Development, H20 Court Street,nomics, Business, Public Administra- Pueblo, CO 81003-2889 or for moretion with signifIcant transportation/ information please telephonetransit planning course work, and 1-2 (719)545-2424. An Equal Opportu-years of transportation/transit plan- nity/Affirmative Action Employer.

continued from page4tion formed a centerpiece for otherSCDCom activities.

The massive job loss in thecommunity caused us to identify thevarious components of the job creationand retention process in order to createmeaningful economic developmentprograms. First, in order to expand, abusiness must be experiencing in-creasing revenues. To expand thepotential for growth, SCDCom pub-lished a Buyer's Guide which de-scribes the major products manufac-tured and raw materials purchased bylocal fIrms. The publication is backedup by staff efforts which coordinateour local program with a city-widesystem called Buy Chicago whichmatches products purchased by largefIrms with those produced by neigh-borhood fIrms.

In a number of cases, localfrrms have sought new ideas in order toincrease the productivity and profIta-bility of their operations. The SmallBusiness Development Center(SBDC) programs, funded by the Illi-nois Departement of Commerce andCommunity Affairs and a number ofChicago foundations, provides theresources needed to match the needs oflocal frrms with many of the technicalassistance providers in Chicago. Ourstaff discusses the situation with thebusiness owner to identify the natureof the situation and the potential serv-ice provider. We then make the refer-ral and follow up with the provider.The service providers have developedtraining programs for our staff mem-bers, enabling us to become more pre-cise in our efforts to make the referrals.

Using a wide range of privateand public sector programs, SCDComhas been able to secure over$13,000,000 in financing for smallbusinesses. Although our technicalfInancial expertise has been importantin performing the credit analysis, thecritical element of our success is ourability to actually organize the variousresources, understand eachparticipant's requirements and selfinterests, and develop a structure

Planning Newswhich enables everyone to participatein a manner which maximizes thepotential for a good project fromeveryone's standpoint.

Although the problems arewidespread, marketing is still the keyto getting the word out about theavailability of services. The City ofChicago contracts with us to representthe Local Industrial Retention Initia-tive (LIRI) program in this commu-nity. The LIRI program is an outreacheffort which enables us to meet withbusiness owners on a daily basis. Weare able to identify problems rangingfrom internal management issues toneeds for public services, and then tomake the appropriate referral to one ofthe staff members or to the City.

Although a substantial por-tion of our effort has been directedtowards providing direct economicdevelopment service to businesses, wehave often been involved in policydebates and formulations which affectthe area. We were participants in theCity's Task Forces on Steel and South-east Chicago, Solid Waste Mange-ment. and First Source Hiring. Ourapproach in these task forces has beento raise the issues which affect ourcommunity, and then urge the devel-opment of recommendations whichwill ameliorate the problems.

The fIndings of the SteelTask Force and the Solid Waste TaskForce gave us the germ of an idea for anew industrial development in thearea. The Steel Task Forcerecom-mended that a catalytic industrial de-velopment having the potential tochange the real estate market dynam-ics in the area be identifIed and pur-sued. The research conducted for theSolid Waste Task Force unearthed anindustry group which was previouslyunknown to us; companies which util-ize recycled materials as a main com-ponent of their manufacturing processare developing throughout the coun-try. We also conducted a market studyfor the illinois Department of Energyand Natural Resources which revealedthe presence of tremendous amountsof recycled materials in the Chicago

Page 5area which would be suitable for theseemerging manufacturing processes.

The synergistic potential ofthese three factors led us to propose thedevelopment of a Resource RecoveryIndustrial Park (RRIP). The RRIP willbe an industrial park anchored by arefuse-derived-fuel waste-to-energyplant. Recyclable materials such asmetals, glass, and plastics are me-chanically and manually sorted fromthe municipal solid waste. Thesematerials will be sold to on- or off-sitemanufacturers. The bulk of the re-maining material will be processedinto fuel which is burned in dedicatedboilers capable of generating steamand electricity which can then be soldto on-site users of CommonwealthEdison. The tenants of the RRIP areexpected to be manufacturers whichuse recycled materials, and users oflarge volumes of steam.

The 130 acre abandonedWisconsin Steel Mill site has beentargeted for the development.SCDCom will develop the project inconjunction with the Fortune 500company of Combustion Engineering,Inc. The venture will submit a bid tothe city for a portion of the municipalwaste steam. Once completed, theindustrial park is expected to employ500 employees. Because of its wide-ranging implications not only for eco-nomic development, but also for solidwaste management, the EconomicDevelopment Commission of Chicagohas targeted the RRIP as a potentialprototypical development for otherareas of the city.

SCDCom is one example ofhow a local community can begin toaddress its economic situation. Bystructuring the programs made avail-able by the various levels of govern-ment and the private sector, we havebeen able to develop a program whichspeaks to needs of existing businesses,as well as create a catalyst for thedevelopment of new businesses.

JD)<lllllmll!§<lllmm<e~llllllmll!JIml~<elf<e~~llmll!1

"lI'<ellll lP'll&lmlmlllmll! N<ew~

Page 6

Creating Incentives Toward Tree Preservationby Pamela J. RichartPlanner, Planning Resources Inc.

The Rapid growth experi-enced in the Chicago metropolitanarea has provided much sought-aftertax benefits for suburban communi-ties. Large parcels of land are fre-quently cleared of existing vegetationto make way fornew shopping centers,residential developments and office/research parks. During site plan re-view, local governments pay closeattention to a project's compatibilitywith surrounding land uses, proposeddensities, architectural design, build-ing and parking setbacks, street stan-dards, and landscaping. Often, how-ever, little or no effort is made to savemature trees. If a municipality doesnot have the necessary ordinance inplace to regulate tree removal, a sitecan be totally cleared of all existingtrees to accommodate new develop-ment

Mature trees provide a senseof community identity and history.Often, trees which are to be removedfor new development are between 100and 200 years old (which makes themas old or older than any other existingstructures in the area). Existingtreesmake a significant difference in acommunity's appearance since theycontribute to a sense of "establish-ment" In addition, mature trees pro-vide shade and temperature modula-tion, privacy, and air purification asthey trap dust, absorb carbon dioxideand release oxygen and moisture.Trees provide habitat for song birdsand small mammals, and the seasonalchanges in texture and color provideinterest and variety to the streetscape.

Although newly plantedtrees can achieve some of the func-

tional objectives of existing vegeta-tion, the size of new trees and theirexpected growth rates often result in anet loss of functional value relative tothe mature vegetation they are replac-ing. The following table illustrates thevalue of mature trees in terms of antici-pated replacement time (adapted fromGraber and Graber, Illinois NaturalHistory Survey Biological Notes #97,1976):

Size12-inch dbh(a)12-inch dbh12-inch dbh24-inch dbh24-inch dbh24-inch dbh

TypeGreen and White AshSugar MapleBur OakGreen and White AshSugar MapleBur Oak

able project without placing unduehardships or restrictions on a devel-oper.

Before decisions can bemade regarding tree preservation, asurvey of trees over six inches in cali-per, on or immediately adjacent to thesite, should be prepared by a qualified

Approximate Age55 years80 years75 years75-100 years100-200 years175-200 years

------------profussion~Indesignati~whichRealistic Approach to Preservation trees are to be preserved in conjunction

with a development proposal, a mu-nicipality should consider: I) Re-placement time required for trees oversix inches in caliper; 2) The health andcondition of those trees which arecandidates for preservation; 3) Thefunctional values provided by existingtrees in terms of screening, shading,esthetics, wildlife habitat, etc.; 4) Thedeveloper's commitments to sizes,quantities and types of new plant mate-rials; and 5) The latitude and flexibil-ity provided by applicable zoningregulations.

Once this information is inhand, the planning and/or zoning offi-cial can work with the developer todetermine which trees should besaved, and how zoning or subdivisioncontrol standards might be varied ifrequired for tree preservation. Treeswhich are to be saved, as well as thosewhich are targeted for removal due tostructure location, essential gradechanges or surface water drainage andutility installation, can be plotted on atopographical map for reference. Thelocation, size and canopy of trees to bepreserved should also be included on

continued on page 7

A conservative approach totree preservation can work to the bene-fit of both a community and developer.A developer is more likely to considerpreservation of existing trees if amunicipality is willing to permit someflexibility in design standards such asbuilding and parking setbacks, den-sity, street widths, etc. Permittingreduced pavement widths, for ex-ample, may allow a residential street tomeander between mature oaks or otherhardwood trees. Allowing increaseddensity on one portion of a site tomaintain a stand of trees in anotherarea, or encouraging shared parking onan adjacent parcel (provided the peakdemands are different for the proposeduse) rather than removing significantstands of trees for new parking lots, aretwo examples of how standards can bevaried to protect valuable vegetation.The willingness to vary from zoning orsubdivision codes in instances wheresuch deviation will not affect the intentof the ordinance, nor create negativeimpacts upon surrounding properties,can help secure an economically vi-

Spring 1988contmued from page 6all plans and construction documents.This last step will assure that all con-tractors are aware of the significanceof these trees, and will allow themunicipality to verify that proposedgrading and engineering of the sitedoes not require tree removal.

At a minimum, a developershould be required to install snowfencing at the periphery of a tree's dripline to protect against root damageduring grading and compaction fromheavy construction edquipment. It isalso desirable to require the identifica-tion of areas where crushed limestoneor other materials detrimental to thehealth of a tree would be stored. Place-ment of such materials within a tree'sdrip line, or at higher locations wheredrainage would occur toward the tree,

Position Available:Executive Director

Tri-County Regional Plan-ning Commission. Serving the Peoria,Illinois MSA. Request resume fromexperienced planner and managementprofessionals for the position of ex-ecutive director. Agency had threeexecutive directors in thirty years.Staff of twenty-six provides compre-hensive planning and managementservices including the delivery of so-cial services. Agency is MPO, CSBG,Recipient, Clearinghouse, etc.

Requires a master's degree inplanning or public administration anda minimum of ten years of directlyrelated professional experience orequivalent combination to includemanagement, supervision grantsman-ship, research, 40,000 depending onqualifications. Letter of application,including resume and references willbe accepted until June 1, 1988. Sendto: Search Committee, Tri-CountyRegional Planning Commission, 632W. Jefferson, Morton, Illinois 61550.Telephone: (309)266-9441. EEO/AAEmployer.

Planning Newsor stand of trees to be preserved,should be prohibited.

A plan is, however, only asgood as the enforcement procedures.A field supervisor should be assignedto confirm that development of the sitecomplies with all required tree-protec-tion measures.

In drafting a tree preservationordinance, it is wise to include lan-guage that will allow the municipalityto secure replacement of any tree, orstand of trees, approved for preserva-tion which are damaged or destroyedduring the construction process. Suchrequirements could include replace-ment with a tree of an approved species

Page 7having a caliper not less than the treedestroyed, or with several smallertrees which add up to the caliper of theoriginal tree destroyed. The fact that itis usually less expensive to preservetrees than buy new ones serves as anincentive to save existing trees!

A municipality's commit-ment to tree presrvation, demonstratedby a willingness to work with a devel-oper to achieve preservation through aflexible application of zoning and sub-division controls, is good environ-mental planning. In addition to theesthetic and environmental benefitsrealized from saving mature, qualitytrees, the preservation of an irreplace-able, high value living legacy is some-thing in which a community can takepride!

Decatur's Operation Sparkle & Shineby David A. Clark,Director, Deparment of CommunityDevelopment.City of Decatur

Operation Sparkle and Shinehas begun its second year in Decatur,Illinois. The program has been puttogether by the City of Decatur, Com-munity Development Department; theDecatuI/Macon County Clean Com-munity System; and the Decatur Ad-vantage, a private entity related to theChamber of Commerce. The goals ofthe program are to foster civic pride,reinforce community consciousness,and to improve the environment.

In 1987, the programs cen-tered on Eldorado Street/Route 36, theprimary east/west street On a week-end in late April, over four hundredvolunteers picked up trash for a sevenmile length of the street. Eldoradobusinesses, including many fast foodrestaurants, assisted and provided freetrash bags, food coupons, drinks, teeshirts, etc. Other businesses also pro-vided assistance for awards and spe-cial acknowledgements includingbreakfast and recognition for garbagehaulers and City nuisance and housinginspectors. Garbage haulers vol un-

teered their time to pick up the fulltrash bags and other larger objects. Toprovide a lighter side, the April week-end was completed by a prarle schoo-ner commode race sponsored by thelocal Jaycees. The last event was anawards presentation for participatinggroups in the weekend activities.

Property owners along El-dorado Street were contacted to par-ticipate in the cost of the planting of400 trees. Permission was needed anddocumented in areas where publicright-of-way was narrow and treeswere planned for private property.Members of Decatur's Tree Board, acity board that oversees tree plantingand promotional activites, and theClean Commnity System contactedthe owners. Steering committeemembers contacted larger companies.Funds raised were matched by Cityfunds and $33,000 were spent on alandscape contract Trees were se-lected considering growth conditionsand site limitations.

Publicity that centeredaround the Sparkle and Shine weekendwas utilized to launch the City's sum-mer painting program. Using CDBGfunds, the city offered free paint, up totwenty gallons, to income qualified

continued on page 8

continued from page 7residents in neighborhoods adjacent toEldorado Street. The paint programprogressed through the summer tocover the entire CDBG area. Initiallywith the Sparkle and Shine Operation,volunteer groups were assembled topaint houses for those who could notpaint their own due to age or handicap.The summer program eventually fa-cilitated the painting of338 houses (50by volunteer groups, the others byowners who could complete the workthemselves).

Challenges to deliver thefifty volunteer groups were substan-tial, but well met. A radio station,college fraternities, realtor, food storestaff, and a neighborhood tavern

Planning Newsstarted the work. The tavern chal-lenged other taverns to get involved,then church groups also came forward.City staff, City Council, businesses,youth groups, neighborhood associa-tions, and others rounded out the vol-unteerroster. Publicity efforts and armtwisting did have to be kept on for theentire summer in order to keep up withthe need for volunteer assistance.

The paint program replaced aprevious approach in which the Cityhad hired staff to paint the houses oflow income elderly. With the volun-teer method, 338 houses were paintedinstead of the previous 65 for the sameamount of dollars. The $50,000 costincluded temporary staff people to runthe program.

Spring 1988During Operation Sparkle

and Shine, ten thousand pounds oflitter were picked up, the communityworked together , the paint programwas launched, 400 trees were plantedduring the spring planting season, anda consciousness for litter control wasestablished that continued throughoutthe year.

In 1988, different streets andneighborhoods are being emphasizedas well as "Adopt-A-Spot" format.This approach asks for volunteers toassume maintenance throughout thesummer for what otherwise mighthave been a forgotten area. Buildingon last year's success, 1988 Sparkleand Shine promises an even morepositive effect.

Illinois Legislative Bill Status for PlannersDB 1652 (Klemm)(CH.127PAR.46.1 AND NEW PAR.46.57)Amends the Civil AdministrationCode. Authorizes the Department ofCommerce and Community Affairs toestablish and administer a low-inter-est, revolving loan program for units oflocal government for construction,rehabilitation and maintenance of in-frastructure.

DB 1757 (Churcbill)(CH. 85, NEW PAR. 2107.1)Amends the Open Space and LandsAcquisition and Development Act toauthorize certain local governments toimpose a charge on all building per-mits issued for new construction, to beused to finance the acquisition of openspace lands in parcels of not less than10 acres.

DB 2141 (Bowman-Christensen-Giglio-Sbaw-Dannig)(NEW ACl)Creates the Illinois EnvironmentalCleanup Responsibility Act Imposesconditions on the closure, sale or trans-fer of certain properties associatedwith the manufacture, refining, trans-portation, treatment, storage, handlingor disposal of hazardous substances.

Requires the execution of a cleanupplan approved by the Illinois Environ-mental Protection Agency. Requiresthe agency to establish minimumcleanup requirements. Requires own-ers of such property to obtain a bondsufficient to guarantee implementa-tion of a cleanup plan. Provides that aviolation is a business offense punish-able by a [me not exceeding $25,000.

DB 2726 (Tuerk)(CH. 24, NEW PAR. 1-1-11; CH. 34,NEW PAR. 404B; CH. 111 1/2, PAR1(05)Amends the lllinois Municipal Code,the Counties Act and the Environ-mental Protection Act. Prohibits theIllinois Environmental ProtectionAgency, the Pollution Control Boardand the Department of Energy andNatural Resources from charging in-spection or permit fees under theEnvironmental Protection Act to anyunit of local government or schooldistrict. Preempts home rule. Prohib-its municipalities and counties fromcharging inspection or permit fees toany unit oflocal government or schooldistrict. Excludes in all cases fees forinspections performed solely at therequest of the unit of local governmentor school district.

HB 3064 (Homer and Slater)(CH. 111 1/2, PAR. 1039.2)Amends the Environmental ProtectionAct to require that local site appprovalfor new regional pollution controlfacilities be ratified by countywidereferendum, if the site was annexed bythe approving municipality within thepreceding five years. Effective imme-diately.

DB 3179 (Parcells)(CH. 1111/2, PAR 1022.14)Amends the Environmental ProtectionAct to change the requirements forestablishment of a regional garbagetransfer station. Removes the 1,000foot required distance from the pro-posed facility to the nearest dwelling.Allows conversion of nonregionalfacilities into regional ones. Makesother changes. Effective immediately.

DB 3186 (Wennlund-Didrickson)(CH. 121, NEW PAR. 6-131)Amends the Illinois Highway Code topermit townships to establish Trans-portation Impact Districts for whichfees may be assessed on real estate

. developments within the district.

DB 3351 (O'Connell-Terzich)(CH. III 1/2, PARS. 1003.32 AND

continued on page 10

Page 9

Hypermedia Allows Non-Sequential Cross Referencingby Mike ShifferMaster of Urban Planning (1987),Currently Studying toward PhD inPlanning

It's4:45PM on Friday. Chrishas never sat before a computer termi-nal in his life. He is suddenly facedwith the task of accessing detailed plotinfonnation for a three square mile re-development district before he leavesthe office!

Erin is the principal of a plan-ning fIrm. The only transportationplanner in her fInn has just been madeunavailable due to sudden illness. Sheis faced with a trip generation problemfor tomorrow's public hearing.

George is a city manager whomust view three potential landfIll sitesbefore facing the citizen's group wait-ing in his office.

What can keep all of thesepeople from panicking?

Hypennedia, a tenn coinedby Ted Nelson in his book Com12uter

Lili, offers the ability to link text,video, statistics, sound, animation, andgraphics together into an easy to usevisual fonnat which allows for instantcross referencing of various concepts.Since it allows one to collect, organize,and explore infonnation by associa-ilim, hypermedia mimics the way weorganize related ideas in our minds. Itdiffers from traditional relational databases in that it is set up in a non-linearfonnat which allows for a non-sequen-tial presentation of ideas.

Why present ideas in a non-sequen-tial format?

The concept of sequentialpresentation is rooted deep within ourthinking. This is evident with the·books we read, the data we retrieve,and the reports we generate. Whilethis sequential presentation seems toallow for a 'well structured' table ofcontents there are many reasons forwanting to put forth data in a non-sequential fonnat.

First and foremost, the vari-ous aspects of urban areas themselvesare not sequentially connected.Rather, many of them directly relate toothers, (economic development plans,current land use maps, and traffic vol-ume projections, for instance). Byelectronically tying, (hyperlinking),these aspects together in the non-se-quential fonnat of hypennedia, theplanner has the ability to rapidly cross-reference and compile infonnationconcerning any specific issue whichmay arise. This is not to confuse non-sequential data organization with arbi-trary data organization. If fact, theorganization of data in a non-sequen-tial fonnat requires a great deal ofthought behind where hyperlinks actu-ally belong. The beauty of hypenne-dia systems is the ability to create newhyperlinks between previously un-linked data at will, (see illustration).

Thus, rather than having togo through point (A) to get from point(B) to point (C), you have the potential

to directly access point (C), or anyother related point directly from point(B). This takes many of the conceptsbehind relational data bases severalsteps further by adding many levels ofsophistication. For example, youcould instantly view all occurrences ofgrammar schools in a given area, thenview the building condition of each,and from that you could look at sur-rounding land uses.

Until recently, hypennediahas only been accessible by usinghigh-end work stations such as the Sunand Apollo. As the cost of these ma-chines could easily exceed $15,000,hypennedia applications hardly fellwithin the budget of many municipali-ties and planning fmns. Last Augusthowever, Apple Computer unveiledBill Atkinson's Hypercard for theMacintosh with a promise to packagethe software at no charge with all newMacintosh sales. For those fortunateenough to already own a 'Mac', Hy-percard can be purchased for less than$50. Thus hypennedia has becomeavailable to anyone who could afford aMacintosh, (which rons $1200 andup). This has made hypennedia aneconomic possibility for many agen-cies. In fact, many fInns already pos-sess actual hypennedia programmingtools, such as Hypercard, but have yetto unlock their potential as planningtools.

How useful is hypermedia to plan-ning?

Hypennedia is so diverse thatit can serve many purposes in the plan-ning profession. It can be used tobuild: infonnation systems, expertsystems, and even public presentationsystems.

One of the potential roles ofhypennedia in urban planing would beto link text, statistics, graphics, andmaps together into a land use infonna-tion system. This would allow plan-ners, (such as our friend Chris from the

continued on page 10

Hypermedia

opening paragraph), to easily accessdetailed information about a particularparcel of land and, at the same time,study the impact of other related fac-tors such as transportation, zoning,and the surrounding natural environ-ment All of this could be easily per-formed by people who may have littleor no computing experience. By sim-ply using a pointing device such as amouse, one would have the option toaccess site data on the computerscreen, press a button which wouldshow the area on a video monitor, andcopy related maps and statistics di-rectly from the information system toword processing and desk top publish-ing documents in a matter of seconds.

Other roles of hypermedia inplanning include the creation of expertsystems which could assist planners,(such as Erin and George), with prob-lems in transportation planning, sitefeasibility studies, and comprehensiveplanning, and the creation of UrbanPlanning course ware for hypermedialearning centers such as that proposedfor the University of Illinois at Ur-bana-Champaign.

The ability to easily importand export data files between pro-grams like Hypercard and other IBMcompatible or Macintosh applicationsshould quell the fears of those whomay be worried about compatibilityproblems between existing data basesand hypermedia systems. In fact, thisfile transfer capability between theMS-DOS and Macintosh world ofcomputing, not to mention Apple'snew UNIX operating system, haslargely been responsible for the recentsurge in the Macintosh's popularitywith corporate America.

Prototypes of many of thehypermedia applications for planningare currently under development at theUniversity of Illinois' Urban andRegional Planning Department atUrbana-Champaign.

1039)Amends the Environmental ProtectionAct to remove the exemption of sani-tary districts organized under an act tocreate sanitary districts and to removeobstructions in the Des Plaines andIllinois Rivers from the prerequisitespertaining to permits for new regionalpollution control facilities and fromthe requirements of acquiring locallyrequired zoning approvals. Includessludge drying facilites within the defi-nition of the term "regional pollutioncontrol facility."

UB 3372 (Kirkland)(NEW AC1)Creates the Municipal Recycling PilotProject Act to be administered by theDepartment of Energy and NaturalResources. Provides that the Depart-ment shall provide assistance to cer-tain municipalities in the establish-ment of recycling pilot projects. Per-mits the Department to make 10 Recy-cling Pilot Projects Assistance Grants.Requires municipalities to pay 50% ofthe cost of the recycling project. Ef-fective immediately.

Spring 1988

Energy and Natural Resources to es-tablish a source separation and collec-tion program for recyclables. Re-quires the Department of CentralManagement Services to establish aprogram for all state agencies to givepreference to buying products that arerecycled or recyclable, where feasible.Requires Central Management Serv-ices to report to the General Assemblyon the implementation of such pro-gram. Directs the Department ofEnergy and Natural Resources tostudy and report on recycling scrapauto tires. Requires the Department ofEnergy and Natural Resources to re-port to the Governor and the GeneralAssembly by March 1, 1989, on howindustrial and post-consumer wastecan be reduced. Directs each stateagency to establish a waste reductionprogram within two years of the amen-datory act. Requires a public educa-tion program on solid waste manage-ment to be established.

SB 1567 (Joyce, Jerome)(CH.lll1/2,PAR.1020;NEWPAR.1021.2)Amends the Environmental ProtectionAct Requires all beverage containersto be returnable and to have a refundvalue of at least 10 cents. Requires thedistributor to pay the retail dealer anadditional two cents for each containerredeemed.

UB 3389 (Breslin-CowIshaw-Kirkland,Currie,Homer,satterthwaite,and Wennlund)(CH. 111 1/2, PARS. 7052, 7053,AND 7057)Amends the Solid Waste ManagementAct Requires state agencies to con-sider compost matter in all land main-tenance. Directs the Departments ofCentral Management Services and

Position Available: Solid Waste ManagementSalary range to $26,545, plus

excellent fringe benefits. The McLeanCounty Regional Planning Commis-sion has an immediate opening for aqualified individual to work in the areaof solid waste management develop-ment including preparation of a needsassessment, preparation of a county-wide solid waste management plan,and writing grant applications for thefunding of solid waste managementactivities. A bachelor's or master's

More CU1l'1l'ent!Legis atiol1llComing En The

Next llssue

degree or equivalent experience/education in solid waste managementengineering, planning, public administration, environmental science or related field is required. Send coveletter, resume and references to: Executive Director, McLean Count'Regional Planning Commission, Suite201,207 W. Jefferson Street, Blommington, IL 61701. Postmark deadline: May 31, 1988. An Equal Oppertunitv Emolover.

Spring 1988

ftLane Kendig. inc.

~,Iotm.n: .•C~<p« i'l ~

Manning - Zoning - ~gn - HousingRe~.arch - Computer scn-re

472 l(j lamey - Mw1delein. IIDnols 60060Telephone 312/949·8288

PlanningResources

• Urban Planning &. 0851g1• landscape Architecture• Historic Preservation• Environmental Analysis• Public Participation

Planning ResourcesInc. (312)668·378·615 West Front Sireet • Whealon. It 6018

'lTIJu®Urbana CGJlSCIDOO[Q)Incorporated

CONSULTING SERVICES INURBAN AND REGIONAL PLANNING

AND RELATED FIELDS

Post Office Box 1028Urbana, IL 61801·9028

AREA CODE 217344·PLAN

NEW ALTERNATIVES, INC.lIIl Transportation•• Development•• Planning and Zoning•• Policy Analysis•• Environmenlal Analysiso

8 SO. MICHIGAN AVENUECHICAGO. ILLINOIS 60603

312·163·2808

-TESKA ASSOCIATES, Inc.I1J f':Jzst HIII4'tJU)fn f.rk'M'ttl"

•••"ilt' JIO •v,.,,,,,,, /lil/s. lIlifU';S IJlJtJfJ/(JI1JUt>-DJ01

DI MO~TE & LIZAKATTORNEYS AT LAW

EUGENE A. t:'i MONTE_nd

ALAN L. STEFANIAK

5201 N.""'''U''' AVENUI:• CHICAGO. 'U.INOI$ SC>e5.

fJ 12177,..33.

• Pbnnina• E(anomia- Desia"

627 Crove StreetEvanston, minois W201(312) 86').2015

Spring 1988

PresickntSteve Aradas, AICPMETRA, Department of Planning547 West JacksonChicago, IL 60606312/322-8024

Vice·PresidentJacques A. Gourguechon, AICPPrincipal ConsultantCamiros, Ltd.411 S. Well.Chicago, IL &JfIJ7312/922-9211

SectetaryJudy C. Douglas, PlannerUniversity of Illinois at U·CDepartment of UIban and Regional Planning2002 Winchester DriveChampaign, IL 61821217/356-8423

TreasurerJoseph H. Abel, AICPDirector, Economic DevelopmentCity of Chicago200 ForestGlen Ellyn, IL 60137312f744-9547

Illinois ProfessionlJl Development OfficerClyde W. Forrest, AICPProfessor, University of nlinoisDepartment of UIban and Regional Planning1003 W. NevadaUIbana, IL 61801217/333-31190

Stluknt RepresentativeTom BartnikUniversity of Illinois-ChicagoCollege of ArchitectureAn & UIban PlanningSchool of UIban Planning Policy

Box 4348Chicago, IL 60680

Student RepreselliativeTheresa HanlageUniversity of Illinois at UIbana·ChampaignDepartment of UIban and Regional Planning1003 W. NevadaUrbana, IL 61801217/333-3890

Executive Committee APA·Chicago Melro Secllon

ChairmanJohn V. LaMotte Jr., AICPVice President of PlanningLoban Associates255 Nonh Michigan Ave.Chicago, IL 60601312/938-4455

Vice-ChairmanStephen B. FriedmanManager, Laventho1 & Horwath300 S. Riverside Plaza, 10th FloorChicago, IL 60606312/648-0555

SecretaryPaul BorekDirector of Industrial ParksChicago Economic Development Commission1503 Merchandise ManChicago, IL 60654312f744-9550

TreasurerRichard DunnDirector, Economic and Community DevelopmentVillage of Arlington Heights33 S. Arlington Heights RoadArlington Heights, IL 60005312/253-2340

Executive Committee APA •Greater Illinois Section

DirectorWayne AnthonyDirector, Planning and Zoning DepartmentCity of Peoria419 Fulton StreetPeoria, IL 61602309/672-8556

Assistant DirectorMichael PeirceallDirector, Community and Economic DevelopmentCity of Centralia222 S. Poplar StreetCentralia, IL 62801-618{533-7623

SecretaryKim M. JohnsonProcurement SpecialistSoutheastemlJohn A. Logan CollegesR. 4, College DriveHarrisburg, IL 62946618/252-6376 Ext. 411618/985-3741

TreasurerSandra AndresEconomic Development PlannerSouthwestern Illinois Metropolitan and RegionalPlanning Commission203 W. Main St.Collinsville, IL 62234618/344-4250

Training CoordinatorRonald 1.. DickersonDirector, Community DevelopmentCity of PekinPekin, IL 61554309/477-2319

Immidiate Past DirectorFred W. WalkerDirector, South Central Illinois Regional Planning

and Development CommissionMarlon County Public Service BuildingSalem, IL 62881618/548-4234

Clyde W. rorraat. AICP EditorJune Hansen, Copy EditorDeparQant of Urban and aeaiona1 PlanninaUniversity of I11inios at Urbana-Chaapaian1003 West NevadaUrbana, Illinois 61101217/333-3890

rIRST CLASSU. S. POSTACE1'AID1'EIlHIT I7S~~AICN IL 61820

021377 A ICP CHAP 21CLYDE W FORRESTUNIV OF ILL-PROF OF PLNG1003 W NEVADAURBANA IL 61801