Planning Commission Gives Conditional Approval To McDonald's Development

Yes, it is true that the McDonald’s proposal to demolish the Detroit Theater has been hyper-focused upon the intersection of Woodward and Detroit Avenues. But what this saga really boils down to is a struggle for our commons. Our commercial corridors are our commons--an asset that belongs to all of us. Its function links us together. As our many residential streets intersect with our commercial corridors, they are much more than intersections of asphalt and curbs, they are intersections that bring us together as a community and work to solidify many of the reasons we call Lakewood our home. For many of us, our common bond is formed by what is not here.

This is a story about the defense of our commons--a struggle for our collective wealth--which is the architecture and function we inherited from the streetcar era. It is that architecture and function that sets the table for the lifestyle and culture we so strongly desire and that we purposefully sought out when we chose to live here.

In essence, the commons means everything that belongs to all of us, and the many ways we work together to use these assets to build a better society. Tragically, our wealth is slowly being stolen from us in the name of economic efficiency, orchestrated by faceless and distant forces, and undermined by regional and global competitiveness.

The McDonald’s scenario is but a symptom of a patient who is sick--a larger underlying condition that needs our help. Is our inheritance slipping away from us? Is our commons becoming too commonplace? Many of us have refused to stand aside and go quietly into the night. Those of us who live on Woodward Avenue, as well as those who reside on other streets impacted by this development, are not going to let McDonald’s write our narrative. We will write our narrative.

We are not victims. We are heroes! In the face of the brute force of McDonald’s, the citizens of Lakewood have done something desperate and audacious--we have put our faith and hope in the last seemingly credible force left in this country: each other. Many of us have immersed ourselves in this entire process to make the best that we can of a dreadful development. We have refused to roll over.

On Nov. 2, a glorious fall night, over fifty of us came together in front of the Detroit Theater and occupied our corner of Lakewood. It was a both a protest against McDonald’s--letting them know “we’re not lovin’ it”--and an example of what a close-knit community can achieve through collectivism. We’re non-hierarchical, self-regulating, self-deliberating and self-organizing. Everyone created their own signs and shouted their own slogans. The positive response we got from so many passing motorists and pedestrians exceeded our most optimistic expectations. Everyone has played his or her own unique individual role during this entire process but always remained connected to the larger hub. Never in my life have I been so proud to be part of a neighborhood.

With that, well over a hundred and twenty of us gathered at the Nov. 3 Planning Commission meeting for the McDonald’s development proposal for the Detroit Theater property. This meeting was a continuation of the same request presented to the Planning Commission two weeks prior at the Oct. 19 special session--that being McDonald’s seeking the merger of two vacant parcels of land (the south 70 feet of the subject parcel) currently zoned as residential use, into one tax lot in order to obtain a conditional-use permit from the city to allow for an accessory parking lot in a residential district.

I realize that at the onset of the Planning Commission review of the McDonald’s development, some residents thought that an opportunity existed to bring to a halt the entire McDonald’s proposal, but it must be stated that the Planning Commission did not have the authority to do so--their authority lies solely on whether or not to approve the request for a conditional-use permit. McDonald’s acquisition of the Detroit Theater could not be stopped, given our current zoning codes.

The Planning Commission members need to be commended for extending this review process to allow more time for certain key questions to be answered and key components to be resolved before they could render a decision on a conditional-use permit. As citizens, our objective has been to seek as many conditions as possible to be attached to this use permit to minimize the many negative impacts associated with this development.

Yes, at the end of the evening, the Planning Commission did approve the merger of the two vacant parcels of land currently zoned for residential use into one tax lot, and granted a conditional-use permit to allow for an accessory parking lot in a residential district. Going into this meeting, it seemed that the Planning Commission’s hands were tied in that they had to choose between the lesser of two evils. In that regard, I can understand their rationale for approving the McDonald’s request and inserting conditions into the use permit that must be met by McDonald’s in order for it not to be revoked by this commission at a future date.

What do I mean about the lesser of two evils? It boils down to local control--and most importantly, ongoing residential concerns. The Detroit Theater became a non-conforming property 40 years ago, when the owner at that time acquired and knocked down two houses for more parking behind the theater. No permit has ever been granted for commercial parking on those two lots located in a residential district--hence it being a non-conforming parcel, as far as the south 70 feet are concerned. McDonald’s could choose to operate in the same manner and use that portion for parking as the theater has and just be done with it all. Any effort by the city to try to stop its use would result in a land use discrimination lawsuit by McDonald’s. With countless millions stockpiled in reserve for its many legal fights, we would be hard pressed to win that case given the nearly 40 years in which the theater was never challenged about its non-conforming status.

Therefore, the Planning Commission acted in our best interests in giving McDonald’s what it was seeking, but attaching certain conditions to the use-permit--thereby giving us some control over how events may unfold. Speaking of us, once again many of us took a turn at the podium to state our concerns and grievances and ask that certain conditions be attached to any approval. Initially, we were asked respectfully to come forward to speak only if we had any new information to share since the prior meeting. That request quickly went by the wayside as, one by one, we spoke from our hearts and minds. One could feel the passion and energy that filled the room. That level of energy does not emanate from victims. It pulsates from heroes--those of us who refuse to accept things as they are.

Many of us now feel a sense of loss. A couple of our neighbors have sold, or plan to try to sell, their homes on Woodward Avenue and leave because of this development. One couple has not only left Woodward, but also left Lakewood entirely--that pains me. We need to be proud of the fact that it was in large part due to our activism that a few key aspects of this development were changed for the better.

What were we able to change? A condition that added “No Right Turn” signs and left-turn-only directional painting at each Woodward Avenue exit in an effort to better orient traffic flow back to Detroit Avenue, ensuring that no right turn be allowed to head south onto Woodward Avenue from the parking lot or drive-thru exits-- saving one of Lakewood’s busiest cut-thru residential streets from becoming an intolerable traffic-volume nightmare. Another condition is that after one year, McDonald’s pays for another comprehensive traffic-impact study to see if further measures need to be taken to calm traffic--such as adding concrete curb barriers to physically stop cars from making right turns down Woodward.

In addition, the city has recognized the need to put a traffic light and crosswalks at the Woodward/Detroit intersection (the Hall Avenue light will be removed), not only to address the negative vehicle traffic flow repercussions associated with the new McDonald’s but also to address the even more important pedestrian crossing aspect with so many school kids walking to and from Harding Middle School. The cost of the traffic signal is $120,000. A proposal has been submitted to Ohio Department of Transportation asking that they pay for $100,000 of the cost with the remaining $20,000 to be split by the city and McDonald’s.

We also amplified our voices for the whole of Lakewood. That is something which we should take pride from--we made it more than just about us. After the McDonald’s decision was rendered, I stayed for the Planning Commission work session to hear about the changes being made to the zoning code in regard to future drive-thru regulations. Councilman David Anderson initiated this process in response to many of us coming to him with our concerns, not just with McDonald’s, but also with an eye towards all of Lakewood’s future development. Although these new regulations can’t be applied retroactively to the McDonald’s development, I like what I heard—namely updating the zoning code with an actual ordinance that spells out what we need, and more importantly what we don't need, which will help limit the McDonald’s-type developments of the future.

I recognize that my neighbors and I will soon be having to contend with a McDonald’s on our corner of Lakewood and that it may seem to many of us that the end is near--the end of Lakewood as we know it. But I am trying my best to look at things under the banner that the beginning is near. By that I mean that this has spurred a renewed sense of becoming better stewards of our inheritance. In the near future, the City of Lakewood will undergo a complete zoning code review. I, for one, will bring all the energy and passion I can muster to that important project. We need to ensure that our city has the best tools to help shape how its major commercial districts should look, feel, function and coexist with surrounding residential streets and neighborhoods.

I call upon all citizens of Lakewood to deepen the notion of "the commons." We already do that better than many communities, but our resolve will be greatly tested in the years to come. Lakewood is a place where the out-of-control individualism of modern society can be balanced with an even deeper appreciation of what we can accomplish together. This whole McDonald’s development has brought many of us closer together--a welcome shift from “Me” to “We.” We don’t want the history book about Lakewood’s second century to be titled “The Tragedy of The Commons”--we want that narrative to read, “In Defense of The Commons.”