Tag: Chicago zoning committee

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

Update October 23, 2024: I’m aware of one project that has been withdrawn in part due to complications complying with resident-requested changes that would have been lessened if the applicant did not have to also apply for a Type 1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

Comment to zoning committee about the proactive Western Ave upzoning

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

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

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.

Comment to Chicago’s committee on zoning about expanding ADUs

This doesn’t fully match with what I spoke at the Chicago City Council committee on zoning, landmarks, and building standards on April 16, 2024 (meeting agenda), because it was written for about two and a half minutes but due to the high number of public commenters Vice Chair Lawson (44th Ward) reduced everyone’s maximum speaking time from 3 minutes to 2 minutes so I made some on-the-fly cuts. Ordinance O2023-2075.

My name is Steven Vance. I am a Chicago resident and a land use consultant. In two weeks the city will reach the three-year anniversary of when Chicagoans could start applying for building permits to build accessory dwelling units, otherwise known as ADUs. Locally we call them garden apartments and coach houses.

In that time, the city has permitted approximately 237 projects comprising 275 new ADU homes. 75% of these are or will be in basements, and a little less than 20% are or will be in backyard or “coach” houses. 

11% of these homes are required to be rented at affordable rates set by the Department of Housing each year.

That’s 271 new homes that are or will be providing housing for family members, providing new income for property owners, and picking away at the city’s housing shortage of 120,000 homes. But the opportunity is not available to everyone, and the number of ADU permits issued each quarter has been declining since December 2022. 

The number of ADU permits has been declining. I include the graph here to illustrate my point but I did not present the graph during my comment.

City Council adopted five pilot areas, a limitation that doesn’t need to stick around. Hundreds of currently interested property owners are prohibited from building an ADU. Their current alternative is to undertake a costly zoning change process to gain the privilege of building one or two more units on their properties. (However, shoutout to the few alderpersons who facilitate this process on behalf of their constituents.)

I operate Chicago Cityscape, a real estate information website that also has advice on building ADUs and a tool to look up if a property is in an ADU pilot area. 

As of last week, people have looked up 815 addresses in 48 wards…but…70% of those addresses were not in a pilot area and those people will not be able to build an ADU at this time.

I believe those permitting and address lookup statistics show that ADUs, while representing less than 3% of new construction homes, are popular. They allow for Chicagoans to modify their properties to age in place, fund renovations and property taxes, or move a family member to be closer. Now is the time to expand this benefit to all of Chicago and I urge the City Council to drop the geographic ban as soon as possible.

Finally, Mayor Johnson’s Cut The Tape initiative includes citywide ADUs as a phase 2 strategy, so ADUs are something City Council should support. [This part was added last second.]