Revisions chicago3/20/2023 The 2021 ARO also increases the percentage of units that must be built (from 25 percent to 50 percent) and reduces the quantity of units that may be waived by paying a fee in-lieu of providing the affordable units. In “low-moderate income areas” the 10 percent affordable requirement will remain the same. The 2021 ARO extends this enhancement by increasing the affordability requirement from 10 percent to 20 percent in downtown districts, in neighborhoods that are experiencing high levels of displacement of low-income residents, and in high-cost neighborhoods with low levels of affordable housing. The ARO Pilots increased the affordability requirement for covered residential projects from 10 percent to either 15 percent or 20 percent, depending on the project location and other factors. A zoning change from a zoning district that does not allow residential uses on the ground floor of a building by right to a zoning district that allows residential uses on the ground floor as a special useįor those new developments that trigger the new requirements, the 2021 ARO will set the required percentage of affordable units based on the category of the residential project (rental or owner-occupied/condo), the location of the project, and the “target affordability level.”.Planned development approval in any zoning district (even if the base zoning district does not change).Amendments or minor changes to planned developments, including to planned development subareas, that include transfers of floor area or residential density.Certain administrative adjustments and variations.The 2021 ARO adds new triggers for applicability, making a wider range of residential projects subject to the ARO. The following are among the changes proposed by the 2021 ARO: The 2021 ARO, as introduced, incorporates many of the Task Force recommendations. The Task Force Report foreshadowed significant revisions to the 2015 ARO. In September 2020, the Department of Housing (“ DOH”) issued the Inclusionary Housing Task Force Staff Report, synthesizing the findings and recommendations of the Task Force. The Task Force includes affordable housing advocates, neighborhood organizations, affordable housing builders, market-rate developers, elected officials, and other stakeholders. In 2019, the Lightfoot administration formed the Inclusionary Housing Task Force to make recommendations for improvements to the ARO. The Pilots imposed enhanced affordable requirements in the Milwaukee Corridor, Near North/Near West, and Pilsen/Little Village in an effort to mitigate gentrification and displacement pressures. In 20, the City implemented the ARO Pilot program, establishing “ARO Pilot Areas” in three Chicago neighborhoods. Under the 2015 ARO, residential projects with 10 or more units that receive either a zoning change, City land or financial assistance, or are within a downtown planned development generally must provide 10 percent of units at affordable rates or pay a fee in lieu of building the required affordable units. If recommended for approval by the Committee, the 2021 ARO could be approved by the full City Council as soon as April 21, 2021. The 2021 ARO is scheduled to go before the City Council Committee on Housing and Real Estate for a hearing on April 15, 2021, at 1 pm. On March 24, 2021, the Lightfoot administration introduced Ordinance 2021-1226 (“ 2021 ARO”), a proposal that would materially amend the 2015 ARO and significantly change the rules for developers of market rate housing in the City. The City of Chicago’s Affordable Requirements Ordinance, in its current form, has been in effect since 2015 (“ 2015 ARO”).
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