Sometimes it's not what you say, it's what you write that speaks.
The Comprehensive Plan was debated and rewritten multiple times, and in the end, the City Council affirmed the reality that Lake Oswegans want and need their cars to get around and do business in the city. The Council was definite in its requirement that the Comp Plan not leave out automobiles as a transportation mode. Besides including cars in all references to modes of travel, the Council threw out wording that required "adequate but not excessive" parking, leaving instead just "adequate." The current fashion to place a maximum on parking regulations is not a behavioral change Lake Oswegans want.
The Comprehensive Plan is the basis for land use in the city and Community Development Codes must be consistent with the Plan. If there are changes in the Plan, CDCs must be changed to be in compliance.
But that hasn't happened.
During the public hearing at the DRC for the Wizer Block development, many people testified that the parking was not adequate. (See blog post "Parking" July 30, for more about parking.)
The development codes regarding parking do not allow for "adequate" parking. Despite the updated Comp Plan, the CDCs still contain the phrase, "adequate but not excessive" parking.
Adequate parking is defined in the development codes in a table with a number of parking spaces for each land use. These minimum standards represent "adequate" parking needs, but not what Smart a Growth advocates want.
The CDCs allow for parking reductions based on distance to "transit." If a building is close enough to bus stop, the required "adequate" spaces can be reduced. Why? Are people in apartments and condos expected to give up ownership of their cars? Are shoppers expected to do their shopping by bus or by riding bicycles? By pushing parking for developments such as the proposed Wizer Block onto the street, the city is asking the public to underwrite the responsibility of the developer to supply space for their own parking needs. This section of the development codes needs to be deleted.
Parking reductions don't comply with City Council policy and Comprehensive Plan requirements for "adequate" parking. By delaying needed code changes, the current situation invites developers to continue using non-compliant codes, regardless of their validity and legality, and posing the threat of lawsuits and liability for the city.
When will the Planning Department get around to changing the development code to match the changes in the Comprehensive Plan? For whatever reason, code changes have not been made. The City Manager and the planning staff he supervises must be responsive to City Council policies The people have a right to demand that this error be corrected.
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