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:
- zoning committee has voted and did not approve the proposed project
- zoning committee has voted and approved the proposed project (a “do pass” recommendation)
- 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