Home builders and developers in Chicago have sued the city to block a tightening of its affordable housing laws, which were recently revamped to encourage more private development of units accessible to low-income residents. Hoyne Development and the Home Builders Association of Greater Chicago say the longstanding Affordable Requirements Ordinance (ARO) violates the Fifth Amendment because it involves the taking of private property without "just compensation.” Earlier this year Chicago City Council voted to overhaul of the ARO, which compels private developers to build affordable housing or pay "in-lieu" fees. Those fees were too low, many argued, and resulted mostly in developers paying their way out of having to devote a substantial amount of new housing stock to affordable units. But in their suit the developers argue raising the fees could backfire by making $900 million in planned construction suddenly infeasible. The new ARO fees take effect October 13. As Brentin Mock writes for CityLab, the outcome of the case could affect similar proceedings in Los Angeles and New York, where so-called inclusionary-zoning plans are in the works.
Posts tagged with "chicago city council":
Chicago mayor Rahm Emanuel floats ordinance to fast-track transit-oriented development, reduce parking minimums
This week Chicago Mayor Rahm Emanuel will push a plan to expand transit-oriented development (TOD) by easing zoning restrictions and releasing certain projects from parking requirements altogether. The city already has an ordinance providing for transit-oriented development and, as AN has previously reported, several projects have rushed to take advantage of it. Mixed-use developments with dozens of new housing units have slashed their parking lots, avoiding a longstanding code requirement that they provide one spot for every unit by building near transit stations. Chicago's Metropolitan Planning Council (MPC) gave the proposed changes a favorable preliminary analysis, building off its own “TOD calculator” which the agency released recently in order to spur private developers into building on dozens of properties it labeled “ready for TOD.” Emanuel's new ordinance would give developers of such projects more opportunities to reduce their investment in parking. Here are the changes City Council members will vote on Wednesday, according to the mayor's press office:
• TOD incentives will be available within an expanded radius from a transit station: up to 1,320 feet (1/4 mile) or 2,640 feet (1/2 mile) on a Pedestrian-designated street. • A 100 percent reduction from residential parking requirements if replaced with alternative transportation options, such as a car sharing station on site, or bike parking. • A streamlined process for accessing the minimum lot area, floor area ratio (FAR), and building height incentives by allowing developers to secure these benefits through an Administrative Adjustment from the Zoning Administrator, as opposed to a zoning map amendment by City Council under current law. • For projects that trigger the city’s Affordable Requirements Ordinance (ARO), an additional 0.25 FAR increase (to 3.75) if the development includes half of any required affordable housing units on site, plus an additional 0.25 FAR increase (to 4.0) if the development includes all required affordable housing units on site.