Tag: Chicago zoning committee

rendering of the proposed project showing two buildings connected at the ground and podium level
Rendering of the apartments proposed at 1840 N Marcey St. The building is being designed by SCB.

How the Connected Communities ordinance prevents new development approval from languishing by forcing a vote

January 26, 2025 / / 0 Comments

I want to clear up confusion about how the inclusionary application process, included in the Connected Communities ordinance that took effect in June 20221, works to prevent new proposed projects from languishing in City Council.

It does not bypass alderperson prerogative, the custom of every alderperson supporting and going along with every other alderperson’s support or disapproval of a proposed project.

The inclusionary application process forces a vote for a proposed project that meets certain requirements. Sterling Bay is in the middle of this process, the first time the process has been activated, for their proposed project at 1840 N Marcey St, which would have 615 homes in place of a one-story office building.

How the process should work

An “inclusionary application” is a project that’s proposed to be approved as either a Planned Development or Type 12 and meets these requirements:

must meet these requirements:

  • it has a residential or mixed-residential use
  • the location is in an “inclusionary housing” area3
  • the location is in a transit-served location4
  • either that the full portion of ARO units is provided on-site (20 percent of all units) or that 20 percent or more of the units are affordable via some other agreement or code5
  • it has been approved by Plan Commission
  • a public meeting is held, in the ward of the proposed project, to explain the proposal and solicit comments

The Zoning Administrator and the Chicago Department of Housing Commission must concur that the proposed project meets those requirements6. Another requirement is that City Council’s zoning committee has not voted on it within 300 days of Plan Commission approval.

Chicago Plan Commission approved the 1840 N Marcey St proposed project on June 20, 2024. To stay in the approval process, zoning committee needs to not vote on the project before April 16, 2025 (300 days later).

However, and this is important, the zoning committee can take up the matter before that time and vote to approve or deny it. An approval would mean the project goes to City Council for approval or denial and concludes the inclusionary application process.

After that 300 day period elapses and the zoning committee has not voted on the proposed project, the applicant can submit written notification to the zoning committee chair to request that the committee act on the applicant’s inclusionary application. A clock starts. There are three outcomes at the end of 60 days:

  1. zoning committee has voted and did not approve the proposed project
  2. zoning committee has voted and approved the proposed project (a “do pass” recommendation)
  3. zoning committee does not vote on the project and reports a “do pass” (approve) recommendation to City Council – this is the key part, the “shot clock”, of how the Connected Communities can ensure that a compliant residential project’s zoning change application doesn’t languish in City Council.

If it’s approved via #2 or #3, it proceeds to City Council which still vote on the project. And they can approve or disapprove it; there is no bypassing zoning committee or bypassing City Council.

Typically at City Council meetings, the Council votes on a motion that approves, in a single vote, all of the zoning change applications that the zoning committee approved (a.k.a. those proposed projects that have a “do pass” recommendation). If that happens, then the project has been approved by City Council.

But an alderperson could make a motion to vote on zoning change applications separately, and pull this proposed project out of the group. This is when alderperson prerogative might come out to play, and 26 or more alderpersons may go along with the alderperson of the ward where the project is located and who doesn’t support the proposed project, and the proposed project/zoning change application is killed.

It’s also when 26 or more alderpersons can make choices on behalf of the city and not on behalf of a discriminatory practice and vote to approve the project.

Notes

  1. The inclusionary application process may have been added in part to avoid future lawsuits against the city when City Council allows a zoning change application to be deferred indefinitely (the languishing part of this article’s headline). Glenstar sued the City of Chicago after City Council let the proposed apartments at 8535 W Higgins Ave languish. ↩︎
  2. A “type 1 zoning map amendment” changes the zoning district and obligates the property owner to build what meets the zoning district’s standards and what is described in their zoning change application. Contrast this with a “type 2 zoning map amendment” which allows anything to be built that meets the standards of the zoning district. ↩︎
  3. An inclusionary area means a high-income area with a low amount of affordable housing and is considered, informally, not to be in a gentrifying process. See the ARO map on Chicago Cityscape. ↩︎
  4. The proposed project is within 2,640 feet of a CTA or Metra rail station entrance or exit or within 1,320 feet of a CTA bus line corridor roadway segment listed in Table 17-17-0400-B. ↩︎
  5. The code says, “20% or more of the on-site dwelling units are subject to recorded covenant, lien, regulatory agreement, deed restriction, or similar instrument approved by the Department of Housing”. ↩︎
  6. See the full code starting at 17-13-0608 and going through 17-13-0608-B. ↩︎

Density bonuses in transit-served locations should be available by right

September 17, 2024 / / 0 Comments

Update October 23, 2024: I’m aware of one project that has been withdrawn in part due to complications complying with resident-requested changes that would have been lessened if the applicant did not have to also apply for a Type 1 zoning map amendment in order to take advantage of the Connected Communities ordinance’s density bonuses and the “ZBA bundling” streamlining that was adopted by City Council last fall. The applicant was requesting to rezone from the B2-3 to B3-3 (the new zoning district). If the new zoning district already existed and some of the changes I mention in the comment below were in place, then the applicant would have likely already applied for a permit.

This is the original version of a public comment I planned to give to the Chicago City Council zoning committee on Tuesday, September 17, 2024. Due to an overwhelming number of commenters the amount of time allotted to each speaker was reduced from three minutes to two minutes. I edited and cut the comment on the fly.

Video recording of my comment to zoning committee.

Hello, my name is Steven Vance, I’m a South Loop renter and a member of Urban Environmentalists Illinois.

The ordinances to proactively upzone Western Avenue from Howard Street to Addison Street will be voted on today in this committee. The ordinances will rezone nearly all of the 4.5 mile stretch to B3-3 zoning, allowing multifamily housing to be built as of right without further approvals from the local alderperson or this committee. I fully support this plan. 

However, there is a technical flaw in this plan that could hinder the initiative’s goal of adding more housing, both market rate and subsidized affordable. 

To take advantage of the Connected Communities bonuses that allow even more or larger homes to be built when a property is both in a B3-3 zoning district and a transit-served location, the property owner must still obtain a Type 1 zoning map amendment. To sail smoothly, such amendments need support from the local alderperson, most of whom require community meetings before deciding to offer such support. Thus, in some circumstances, the proactive upzoning may not have one of its intended effects of cutting the tape for building new housing. 

The greatest Connected Communities ordinance bonuses, that allow for the most additional housing and family-sized homes, only kick in when 100% of the proposal’s ARO requirement is built on-site. I’m concerned that that requirement combined with the need to get a Type 1 zoning map amendment might limit the number of additional homes added as a result of the upzonings. A solution would be to amend the Connected Communities ordinance to allow the bonuses to be granted by right as long as the other, existing standards about on-site ARO units are met. 

I would like City Council members to implement more proactive upzoning initiatives across Chicago, including on arterials like Western Avenue, Milwaukee Avenue, and Broadway, as well as on less busy streets like 35th Street in McKinley Park and designated Pedestrian Streets. Yet to fully and cost-effectively realize the benefits of housing abundance from this policy lever, further tweaks are needed so housing providers can get to construction sooner. 

The proactive upzoning of Western Avenue, as well as Milwaukee Avenue, reflects real leadership on the part of the alderpersons. It will result in more and better housing for Chicagoans, more affordable units for residents who need them most, and more tax revenue for the city. I’m hopeful that with some tweaks to the density bonuses outlined here, we can establish a model for a more affordable, welcoming and prosperous city. 

A new multi-family apartment building under construction on Western Avenue.

Additional reading

Alderperson Andre Vasquez explains the Western Avenue upzoning proposal at a meeting in June 2024.
Alderperson Andre Vasquez explains the Western Avenue upzoning proposal at a meeting in June 2024.

Comment to zoning committee about the proactive Western Ave upzoning

July 16, 2024 / / 0 Comments

July 16, 2024. The text here roughly matches what I said to the Chicago City Council’s committee on zoning, landmarks, and building standards.

My name is Steven Vance, and I’m a member of Urban Environmentalists Illinois, a membership-based advocacy group that supports more housing – especially affordable housing, housing near transit, and fossil fuel-free – to help deal with housing shortages and rising housing prices.

There are two ordinances for the zoning committee’s consideration today that are the start of a new wave of land use policy to increase development where it’s needed, along Western Avenue. After the completion of the Western Avenue Corridor Study two years ago, Alderpersons Hadden, Martin, and Vasquez are taking the necessary next step by codifying some of the study’s recommendations into zoning map updates. 

The study recommended that higher-density mixed-use developments be allowed and encouraged along Western Avenue, to fill in the many vacant properties and allow the corridor to develop from one primarily serving people using cars to one serving people who use all kinds of transportation modes. And in the future, to provide the density that is supportive and takes advantage of a bus rapid transit network. 

The zoning map changes mean that nearly all of Western Avenue from from Addison Street to Howard Street will have B3-3 zoning, allowing mixed use and residential buildings up to 4 and 5 stories tall, with 20-40 homes each, in a way that property owners and developers won’t need to get individual approval for each one. Developments still have to comply with the ARO. 

When all alders task themselves with approving each and every proposed development, new housing is often delayed, raising the cost of development and denying people access new affordable and accessible housing. And, as the U.S. Department of Housing and Urban Development found, segregation is perpetuated.

The proactive Western Ave upzoning is a form of housing abundance, however, since it can speed up development of new housing in neighborhoods where it’s most in demand and where there’s existing transit infrastructure and amenities. 

A secondary benefit of proactive upzoning is how it attracts new development in Chicago, because of the ease of development. New development is one of the city’s best strategies to deal with funding pensions, because new development means there are new and more taxpayers. New development eases property tax pressure on existing taxpayers. 

Please pass the two Western Ave upzoning ordinances today. I also look forward to seeing and supporting proactive upzoning ordinances, including two that have been proposed in the 35th Ward, at your next meeting. 

Comment to Chicago zoning committee about the insufficient number of Zoning Board of Appeals members

June 25, 2024 / / 0 Comments

Update: On July 19, 2024, Ald. Knudsen (43rd) introduced an ordinance that does what I suggested an ordinance could do. It’s very short: 7 new words and 1 changed word. Read the ordinance, O2024-0010982.

June 25, 2024

Hello members of the Chicago city council committee on zoning, landmarks, and building standards. My name is Steven Vance. I am a resident of the city of Chicago and an urban planner. I have spoken to this committee multiple times this year about matters that affect how much housing gets approved to be built in the city. 

I reiterate my comment from your April 8, 2024, meeting that the committee should amend the zoning ordinance to ensure that the Zoning Board of Appeals can function when there are not enough board members. Nearly three months later the ZBA is still incomplete. The City’s Municipal Code requires that the ZBA has five members and two alternates. Alternates fill in for members when they are unable to attend meetings, due to illness or personal matters. 

Screen grab showing a thumbnail of me speaking to committee.

In February, the ZBA was short two members which may have led to the failure to approve a proposed shelter in Uptown, as proposals require three affirmative votes and the proposal received two affirmative votes. The ZBA having incomplete membership puts the timely approval of applications for special use and variations at risk. This shortfall materially jeopardizes new development, especially matters involving new housing.

Since April, Mayor Johnson appointed two members, but only one, Adrian Soto, has been confirmed. 

The ZBA’s current state of four members is bound to affect more projects. I mentioned in April that at least two more shelter housing applications, which have support from the Chicago Department of Housing, are intending to be heard this year at ZBA but those projects have yet to come before ZBA. 

The proponents of those shelters could be feeling forced to wait until the ZBA has a full membership or else suffer the same fate as the shelter that failed at ZBA in February. This could push back construction and operations of the shelters, and further exacerbate the housing shortage and homelessness crisis in Chicago.

The Mayor and City Council should immediately take any reasonable steps within its authority to address housing and homelessness in the City, including:

  • First, prioritizing a fifth member.
  • Second, making pragmatic amendments to the code to allow alternates to sit in when there are fewer than five regular appointed ZBA members. The current code allows alternates to sit in only for regular members who are missing that day, and
  • Third, the committee should advance the Cut The Tape initiative which recommends revising zoning code requirements that “require all shelters and transitional housing developments to seek approval from ZBA, regardless of building size, form, or underlying zoning designation” – closer to an “as of right” situation that applies to most kinds of housing. 

 I speak for many when I urge this committee to legalize housing and adopt changes to effect such a strategy.

Comment to zoning committee about why a full ZBA is important

April 17, 2024 / / 0 Comments

Oral public comment given on April 9, 2024

Hello members of the Chicago city council committee on zoning, landmarks, and building standards. My name is Steven Vance. I am a resident of the city of Chicago and an urban planner. I regularly consult on projects that require zoning approvals from this committee, as well as the Zoning Board of Appeals, and the Zoning Administrator. I am here to urge the City Council to amend the zoning ordinance to ensure that the Zoning Board of Appeals can function when there are not enough board members.

The City’s Municipal Code requires that the ZBA has five members and two alternates. Alternates fill in for members when they are unable to attend meetings, due to illness or personal matters. Currently, however, the Zoning Board of Appeals has only three members. This status puts the timely approval of dozens of applications for special use, variation, or other forms of relief at risk. 

This shortfall at the ZBA materially jeopardizes new development, especially matters involving new housing. At the ZBA meeting in February a proposal for shelter housing in Uptown failed to receive three votes required to be approved. The project received two affirmative and two negative votes. The project could have passed if the board had all five members. 

The ZBA’s current state is bound to affect more projects. At least two other shelter housing applications that have support from the Chicago Department of Housing are intending to be heard this year at ZBA. However, these proposals may be forced to wait until the ZBA has a full membership or else suffer the same fate as the shelter that failed at the ZBA in February. This could push back construction and operations of the shelter, and further exacerbate the housing and homelessness crisis in Chicago.

The Mayor and City Council should take meaningful steps to address housing and homelessness in the City. Rather than wait for the mayor to appoint additional members to the ZBA, the City Council should amend the code to allow alternates to sit in when there are fewer than five regular appointed ZBA members. The current code only allows alternates to sit in for regular members who are missing that day. 

I urge the committee to consider an amendment to the Code to allow ZBA to operate during a time like this when the board has too few members. Additionally, the mayor’s Cut The Tape initiative includes strategies to change zoning codes to ensure shelters are allowed to be built in more places and circumstances. I would urge the committee to support adopting the ordinance needed to effect that strategy.

The progression of development and housing for vulnerable Chicagoans depends on your actions.