HomeMy WebLinkAboutORDINANCES-2015-060-O-15• 10/29/2015
10/21/2015
Effective_ Date: January 1, 2016 6/8/2015
4/21 /2015
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AN ORDINANCE
Amending Portions of City Code Title 5, Chapter 7 to Expand the
Application of the Inclusionary Housing Ordinance
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT:
SECTION 1: Legislative Statement.
At the time of the passage of this ordinance, the City of Evanston observed a
noticeable decline in the civersity of the City's housing stock as a result of increasing
• property values and housing costs, and a reduction in the availability of affordable
housing. With the exception of housing subsidized by the City or other affordable
housing providers, privately developed new residential housing that is being built in the
City is generally not affordable to low and moderate income households.
The City determined that, without intervention, the trend toward increasing
housing prices would result in an inadequate supply of affordable housing for City
residents and local employees, which would have a negative impact on the
sustainability of the City, including employers' abilities to maintain a local workforce, and
would otherwise be detrimental to the public health, safety and welfare of the City and
its residents.
The City has an existing inclusionary housing ordinance within the City Code of
• 2012, as amended (herein the "Ciity Code"). Adding additional restrictions will bring
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• more developments within the purview of this affordable housing ordinance and will
better address the housing development issue at hand.
The court in Southwestern Ill. Dev. Auth. v. National City Environmental found
"that a lack of decent housing contributes to urban blight, crime, anti -social behavior,
disease, a higher need for public assistance, reduced tax revenues, and the migration
of workers and their families away from areas which fail to offer adequate, decent,
affordable housing". 199 111.2d 225 at 261 (2002). There is a compelling and legitimate
public interest in requiring residential developments or developments which contain a
residential component to include a certain percentage of dwelling units in a proposed
development to be priced affordably for low and moderate income households or to
make a payment in accordance to the terms of this Chapter. The requirements provided
0 in the ordinance will allow the City to maintain a diverse population, provide affordable
housing for those who work or live in the City, and will promote the public health, safety,
and welfare of the residents of the City of Evanston.
SECTION 2: Title 5, Chapter 7, "Inclusionary Housing," of the City Code
is hereby further amended to read as follows:
5-7-1. TITLE.
This chapter shall be titled and referred to as the INCLUSIONARY HOUSING
ORDINANCE.
5-7-2. PURPOSE AND INTENT.
The purpose of this Chapter is to promote the public health, safety, and welfare
of the residents of Evanston by requiring residential developments or
developments which contain a residential component to include a certain
percentage of dwe'ling units in a proposed development to be priced affordably
for low and moderate income households or to make a payment in accordance
with the terms of 'this Chapter. Based upon the review and consideration of
• reports and analyses of the housing situation in the City, it is apparent that the
diversity of the City's housing stock has declined as a result of increasing
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• property values and housing costs, and a reduction in the availability of
affordable housing; and that, with the exception of housing subsidized by the
City, the privately developed new residential housing that is being built in the City
generally is not affordable to low and moderate income households. The City
recognizes the need to provide affordable owner occupied and rental housing to
low and middle -income households in order to maintain a diverse population, and
to provide owner occupied and rental housing for those who live or work in the
City. Without intervention, the trend toward increasing housing prices and rental
rates will result in an inadequate supply of owner occupied and rental affordable
housing units for City residents and local employees, which will have a negative
impact upon the ability of local employers to maintain an adequate local work
force, and will otherwise be detrimental to the public health, safety, and welfare
of the City and its residents. Since the remaining land appropriate for new
residential development within the City is limited, it is essential that a reasonable
proportion of such land be developed into owner occupied dwelling units and
rental units that are affordable to low and moderate income households and
working families.
5-7-3. DEFINITIONS.
For the purposes of administering this Chapter, these definitions shall apply:
• AFFORDABILITY
The time during which the affordability restrictions
PERIOD, OWNER
imposed by this Chapter shall apply to owner
OCCUPIED.
occupied affordable dwelling units. Owner
occupied affordable dwelling units covered by this
Chapter shall remain affordable in perpetuity or as
long as allowable by law. The affordability period
begins at the time of first occupancy of the affected
unit.
AFFORDABILITY
The time during which the affordability restrictions
PERIOD,
imposed by this Chapter shall apply to leased
RENTAL.
affordable dwelling units. Leased affordable
dwelling units covered by this Chapter shall remain
affordable for a period of twenty-five (25) years,
after which the requirements of this Chapter cease
to be controlling. The affordability period begins at
the time of first occupancy of the affected
Affordable Dwelling Unit.
AFFORDABLE
All owner occupied or leased dwelling units in a
DWELLING UNIT.
covered development as defined herein.
AFFORDABLE
The document signed by the purchaser or lessee
HOUSING
of an affordable dwelling unit at the time of sale or
AGREEMENT.
lease, along with such other legal documents as
• may be required, detailing the affordability
requirements of the affordable dwelling unit.
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• AFFORDABLE
Decent, safe, sanitary housing that is: a) affordable
HOUSING,
to "households that meet AMI parameters" as set
OWNER
forth in this chapter; and b) to be sold only to
OCCUPIED.
"qualified households" as defined herein. The cost
of the mortgage payment and relevant expenses (a
calculation of property taxes, homeowner's
insurance, and, when applicable, condominium or
homeowner association fees) of owner occupied
dwelling units shall not exceed thirty three percent
(33%) of the household's gross annual household
income (the total income of all adults over eighteen
(18) years of age in the household).
AFFORDABLE
Decent, safe, sanitary housing that is: a) affordable
HOUSING,
to households with AMI parameters set forth in this
RENTAL.
chapter; and b) to be leased only to "qualified
households" as defined herein.
APPLICANT.
Any developer who applies to the department to
receive approval of a covered development
pursuant to this Chapter.
AREA MEDIAN
The median income level for the Chicago primary
INCOME (AMI).
metropolitan statistical area, as established and
•
defined in the annual schedule published by the
secretary of the United States Department of
Housing and Urban Development and adjusted for
household size.
CERTIFICATE OF
A certificate establishing a qualified household's
QUALIFICATION.
eligibility to purchase or lease an affordable
dwelling unit. Certificates of qualification shall be
valid for six (6) months.
COMMUNITY
A private, not for profit corporation which the city
LAND
may create or authorize organized exclusively for
TRUST.
charitable, cultural, or other purposes to acquire
and own land for the benefit of the city and low to
middle income persons, including the creation and
preservation of affordable housing.
CONSUMER
Consumer price index for all urban consumers as
PRICE INDEX.
published annually by the United States
department of labor, bureau of labor statistics.
•
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COVERED
A development containing five (5) or more dwelling
DEVELOPMENT.
units in a TOD area or a development containing
ten (10) or more dwelling units outside a TOD
area, on contiguous land under common
ownership or control by an applicant at one
location within the city, when such dwelling units
are to be sold or leased to owner -occupants or
tenants. The term "covered development" and the
regulations contained in this chapter shall not apply
to a development that is designed to provide
affordable dwelling units. The term "covered
development" includes, without limitation, the
following:
(A) A development that is new residential
construction or new mixed use construction with a
residential component.
(B) A development that is the renovation.,
repurposing or reconstruction of an existing
multiple -family residential structure that changes
the use from rental to owner occupied units or vice
versa.
(C) A development that will change the use of an
existing building from nonresidential to,residential.
(D) A development built in phases.
DEPARTMENT.
The Evanston Community Development
Department or any successor agency, unless
otherwise indicated.
DEVELOPER.
Any person, firm, corporation, partnership, limited
liability company, association, joint venture, or any
entity or combination of entities that develops
dwelling units, but does not include any
governmental entity.
DIRECTOR.
The director of the City of Evanston Community
Development department or his/her designee.
HOUSING
A nonprofit entity designated by the city to own
PROVIDER.
affordable dwelling units.
INCLUSIONARY
The plan submitted as part of a development
HOUSING PLAN.
application which details the development's
compliance with the affordable housing
requirements of this chapter.
LOW INCOME
For homebuyers: a household with a total income
HOUSEHOLD.
equal to or below eighty percent (80%) of the AMI.
For renters: a household with a total income equal
Isto or below 50% of the AMI in TOD areas, and
equal to or below 60% of the AMI in all other areas.
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• MARKET RATE
DWELLING
UNITS.
MIDDLE INCOME
HOUSEHOLD.
n
U
•
All owner occupied or rental dwelling units in a
covered development that are not affordable
dwelling units as defined herein.
For homebuyers: a household with a total income
between eighty percent (80%) and one hundred
twenty percent (120%) of the AMI in TOD areas,
and between 80% and 120% of the AMI in all other
areas. For renters: a household with a total income
between 50% and 60% of the AMI in TOD areas,
and between 60% and 80% of the AMI in all other
areas.
PROPERTY, Any residential development or development
RECEIVING containing a residential component, existing or
PUBLIC FUNDING new, that receives or has received any public
funds.
Public funding is any grant, loan, or subsidy from
any Federal, State or local agency or
instrumentality, including, but not limited to, the
disposition of real property for less than market
value, purchase money financing, construction
financing, permanent financing, the utilization of
bond proceeds and allocations of low income
housing tax credits.
Public funding shall not include the receipt of rent
subsidies pursuant to Section 8 of the United
States Housing Act of 1937, as amended, or an
exemption or abatement of real property taxes or
other such other programs of full or partial
exemption from or abatement of real property
taxation.
PROPERTY,
Any residential development or development
PRIVATELY
containing a residential component, current or new,
FUNDED.
that does not and has not received any public
funds.
QUALIFIED
A household whose income has been verified as
HOUSEHOLD.
meeting the AMI parameters for a household as
detailed in this Chapter and has received a
certificate of qualification from the developer or its
designee per section 5-7-6 of this chapter.
TRANSIT
A development pattern created around a transit
ORIENTED
station that is characterized by higher density,
DEVELOPMENT
mixed uses, pedestrian environment, reduced
or TOD
parking, and a direct and convenient access to the
transit station.
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• TOD AREA The area that has the designation for an identified
transit station and the area around it. The area
provides for development that is compatible with
and supportive of public transit and a pedestrian -
oriented environment.
TRANSIT The area including the platform which supports
STATION transit usage and that is owned and/or operated by
the transit agency.
5-7-4. REQUIREMENTS.
(A) General Requirement: For privately funded developments, ten percent
(10%) of the total number of dwelling units in a covered development shall
be affordable dwellings units. For properties receiving public funds, twenty
percent (20%) of the total number of dwelling units in a covered
development shall be affordable dwelling units.
(B) Calculation: To calculate the number of affordable dwelling units required
in a covered development, the total number of proposed dwelling units
shall be multiplied by ten or if applicable, twenty percent (10% / 20%).
When a requirement of this Ordinance results in a fraction, the following
rules apply:
• 1. Fractions of one-half and more are counted as a whole.
2. Fractions less than one-half are disregarded.
3. The above two rules are also applied in the computation of numbers of
dwelling units.
(C) TOD Areas: A TOD area may or may not be divided into zones of varying
development intensity, as described in this section. Central Street,
downtown, Chicago Avenue, etc. The initial boundaries and zones of each
TOD area are described in Appendix A.
5-7-5. COMPLIANCE PROCEDURES.
(A) Application. The applicant for approval of a covered development shall file
an application for approval of the affordable dwelling unit component of
the development on a form provided by the Community Development
Department and submit it with the application for approval of the
development. The application for development shall not be considered
complete without the information required by this chapter for the affordable
dwelling unit component. The application shall require, and the applicant
shall provide, among other things, general information about the nature
and scope of the covered development, as well as other documents and
information as this chapter and the department may require. The
• application shall include the inclusionary housing plan referred to under
subsection (B) of this section.
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(B) Inclusionary Housing Plan. The applicant shall submit an inclusionary
housing plan on or before time of submission of a building permit that
outlines and specifies the covered development's compliance with each of
the applicable requirements of this chapter. The inclusionary housing plan
shall specifically contain, as a minimum, the following information
regarding the covered development:
1. A general description of the covered development.
2. The total number of market rate dwelling units and affordable
dwelling units in the covered development.
3. The number of bedrooms in each market rate dwelling unit and
each affordable dwelling unit.
4. The square footage of each market rate dwelling unit and each
affordable dwelling unit.
5. The general location of each affordable dwelling unit within the
covered development.
6. The pricing schedule for each affordable dwelling unit and each
0 market rate dwelling unit.
7. The phasing and construction schedule for each market rate
dwelling unit and each affordable dwelling unit.
8. Documentation and plans regarding the exterior and interior
appearances, materials, and finishes of the covered development
and each of its dwelling units.
9. A description of the marketing plan that the applicant proposes to
utilize and implement to promote the sale of the affordable dwelling
units within the covered development.
10. Any proposal to make a cash payment, per section 5-7-8 of this
chapter, or alternative equivalent action, per section 5-7-9 of this
chapter, in lieu of providing affordable dwelling units.
5-7-6. ELIGIBILITY AND PREFERENCE OF HOUSEHOLDS FOR AFFORDABLE
DWELLING UNITS.
(A) Certificate Of Qualification. The developer, or its designee, shall issue a
• certificate of qualification to any household the developer, or its designee,
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• has verified meets the AMI threshold requirements for a "relevant
household" as set forth in this chapter.
(B) Eligibility.
1. The affordable dwelling units within a covered development which
are for -sale shall be sold only to owner -occupant qualified
households whose primary residence shall be said affordable
dwelling unit.
a. TOD Area: For covered developments in a TOD Area, 50% of
units must be sold to households earning up to 100% AMI and 50%
of the units sold to households at 80% AMI, both adjusted for
household size.
b. Outside of TOD Area: For covered developments outside TOD
area, 50% of units must be sold to households earning up to 120%
AMI and 50% of the units sold to households at eighty percent
(80%) AMI, both adjusted for household size.
2. The affordable -dwelling units within a covered development for rent
shall be leased only to tenants with qualified households whose
primary residence shall be said affordable dwelling unit.
• a. TOD Area: For covered developments in a TOD Area, 50% of
units must be leased to households earning up to 60% AMI and
50% of the units leased to households at 50% AMI, both adjusted
for household size.
b. Outside of TOD Area: For covered developments outside a TOD
Area, 50% of units must be leased to households earning up to
80% AMI and 50% of the units leased to households at 60% AMI,
both adjusted for household size.
(C) Preference. ?riority for affordable dwelling units will be given first to
qualified households who currently live in Evanston, or who have lived in
Evanston with a member of a household currently living in Evanston, or to
households n which the head of the household or the spouse or domestic
partner works in Evanston.
(D) Waiting List. The City may create, or authorize the creation, of waiting
lists of households for affordable housing units in advance of the
construction of those units in order to prioritize households pursuant to
Section 5-7-6 (C), After the affordable units within the covered
development are fully occupied, households may complete a preliminary
income screening and request to be placed on a waiting list for rental and
• ownership units. The waiting list will be prioritized with current Evanston
residents or with individuals who have lived in Evanston with a member of
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• a household currently living in Evanston, or to households in which the
head of the household or the spouse or domestic partner works in
Evanston.
5-7-7. DISTRIBUTION AND ATTRIBUTES OF ON SITE AFFORDABLE DWELLING
UNITS.
(A) Location Of Affordable Dwelling Units. Affordable dwelling units shall be
dispersed among the market rate dwelling units throughout the covered
development.
(B) Phasing Of Construction. In a multiphase d development, all phases shall
include a proportion of affordable dwelling units throughout the covered
development, The affordable dwelling units shall never be the last units to
be built in an,/ covered development.
(C) Exterior Appearance. The exterior appearance of the affordable dwelling
units in any covered development shall be visually compatible with the
market rate dwelling units in the covered development. External building
materials and finishes shall be substantially the same in type and quality
for affordable dwelling units as for market rate dwelling units.
• (E) Interior Appearance and Finishes. Affordable dwelling units shall have the
same interior appearance and finishes as basic market rate dwelling units.
(F) Mix of Bedroom Types of Affordable Units. The bedroom mix of affordable
dwelling units shall be in equal proportion to the bedroom mix of the market
rate dwelling units within the covered development. If the bedroom mix
creates more options than the number of affordable dwelling units to be built,
the affordable dwelling units shall be built with the greater number of
bedrooms; e.g., if the bedroom mix provides for four (4) options: efficiency,
one bedroom, two (2) bedroom, or three (3) bedroom; but only three (3)
affordable dwelling units are to be built, then a one bedroom, a two (2)
bedroom, and a three (3) bedroom unit shall be built.
(G) Unit Size. Affordable dwelling units shall be similar to market rate dwelling
units with a comparable number of bedrooms and subject to the following
minimum standards for square footage size of the affordable dwelling unit:
Studio 500 square feet
1 Bedroom 750 square feet
2 Bedroom 900 square feet
3 Bedroom 1,200 square feet
H) Energy Efficiency. Standard components related to energy efficiency,
• including, but not limited to, mechanical equipment and plumbing,
insulation, windows, and heating and cooling systems, shall be the same
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• in market rate dwelling units and affordable dwelling units.
5-7-8. CASH PAYMENT IN LIEU OF PROVIDING AFFORDABLE DWELLING
UNITS.
As of right, an applicant may pay a fee in lieu of building each affordable dwelling
unit required by Section 4 of this chapter for the covered development.
(A) The fee in lieu amount per affordable dwelling unit shall be either one
hundred thousand dollars ($100,000) for units in a TOD area or seventy-
five thousand ($75,000) per affordable dwelling unit in a non-TOD area.
The fee in lieu is subject to annual review and revision by the city council.
(B) All cash payments received pursuant to this chapter shall be deposited
directly into the affordable housing fund.
(C) Unless otherwise preempted by law, any fee in lieu shall be paid prior to
the issuance of a temporary certificate of occupancy for any dwelling unit
in the covered development.
. (D) The in -lieu fee will be calculated at the time the applicant submits an
application for a building permit to the Community Development
department. The fee, as calculated, will be valid for two years following
the date it is calculated by the Community Development department and
cannot be reduced within the two-year period for reduction in number of
units.
5-7-9. ALTERNATIVE EQUIVALENT PROPOSAL.
An applicant may propose to meet the requirements of Section 4 of this chapter
by an alternative equivalent action, subject to the review and approval by the City
Council. A proposal for an alternative equivalent action may include, but is not
limited to, the construction of affordable dwelling units on another site, or
acquisition and enforcement of affordability restrictions on existing market rate
dwelling units so as to render them affordable dwelling units, or fewer on -site
affordable units at prices affordable to households at lower income levels, such
as 30% AMI. Any proposal shall show how the alternative proposed will increase
affordable housing opportunities in the city to an equal or greater extent than
compliance with the express requirements of this chapter. Such proposals for
alternatives shall be considered on a case by case basis by the City Council and
may be approved at the City Council's sole discretion, if the City Council
determines that such alternative will increase affordable housing opportunities in
the city to an equal or greater extent than compliance with the express
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requirements of this chapter.
5-7-10. REDUCTION OF REQUIREMENTS.
Reduction. If the applicant presents clear and convincing financial evidence to the City
Council that full compliance with Section 4 of this chapter, payment in lieu as per
Section 8 of this chapter, or alternative equivalent action as per Section 9 of this
chapter, or any combination thereof would render the development financially infeasible,
the applicant may seek a reduction in the required number of affordable dwelling units
and/or payment in lieu as to render the project financially feasible. If such a reduction is
requested, a detailed explanation shall be provided which demonstrates the financial
infeasibility of full compliance with the requirements of this chapter.
5-7-11. AFFORDABILITY CONTROLS.
(A) Initial Sale Prices For Affordable Owner Occupied Dwelling Units.
1. Every affordable owner occupied dwelling unit required to be
established under this chapter shall be offered for sale or to a good
faith purchaser to be used for his or her own primary residence.
2. The affordability period with affordable owner occupied dwelling
01, units shall be for ninety-nine (99) years.
0"
3. In calculating the sales prices of affordable dwelling units, the
following relationship between unit size and household size shall be
used to determine the income figure at which affordable housing
payments are calculated:
Unit Size Income Level for Household Size
Efficiency 1 Person
1 Bedroom
2 Bedrooms
3 Bedrooms
4 Bedrooms
2 Persons
3 Persons
4 Persons
5 Persons
4.. Prices for the sale units shall be calculated on the basis of:
a. Housing payments at or below thirty one percent (31 %) of
the household income for a household at the designated
income eligibility level (80%, 100% or 120% of AMI) at the
household size corresponding to the size of the unit;
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• b. An available fixed rate thirty (30) year mortgage, consistent
with the average rate published from time to time by Freddie
Mac;
C. A down payment of no more than five percent (5%) of the
purchase price;
d. A calculation of property taxes;
e. A calculation of homeowner's insurance;
f. A calculation of condominium or homeowner association
fees; and
g. A calculation of private mortgage insurance, if applicable.
(B) Rental Rates for Affordable Dwelling Units
1. Fifty percent (50%) of the affordable dwelling units within covered
development in TOD shall have affordable rental rates at 50% AMI
and the remaining fifty percent (50%) of affordable dwelling units
shall have affordable rental rates at 60% AMI, pursuant to the
annual rental rate schedule published by the Illinois Housing
Development Authority. If an uneven number of total affordable
units are in the development, the additional affordable unit shall be
at 50% of the AMI.
2. Fifty percent (50%) of the affordable dwelling units within a covered
development that is not in a TOD area shall have affordable rental
rates at 60% AMI and the remaining 50% of affordable dwelling
units shall have affordable rental rates at 80% AMI, pursuant to the
annual rental rate schedule published by the Illinois Housing
Development authority. If an uneven number of total affordable
units are in the development, the additional affordable unit shall be
at 60% of the AMI.
3. If the most recent edition of the Illinois Housing Development
Authority report indicates a lower AMI than the previous edition, the
maximum allowable rent shall be adjusted accordingly.
4. The affordability period of an affected leased unit begins at the time
of the first occupancy of an affordable unit in the covered
development and continues for twenty-five (25) years, after which
the affordability requirements of this chapter cease to control the
unit.
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• 5. A written lease is required for all leased affordable dwelling units,
except for units in an assisted living residence. Finial lease
agreements are the responsibility of the landlord and the
prospective tenant. Tenants are responsible for security deposits
and the full amount of the rent as stated on the lease. All lease
provisions shall comply with applicable laws and regulations. The
landlord shall maintain copies of all leases entered into with a
certified household (including an income certification) and distribute
a copy to the City upon request.
}
(C) Procedure For Initial Sale Or Lease To The General Public.
1. Sixty (60) days prior to offering any affordable dwelling unit for sale
or rent, the applicant shall notify the department in writing of such
offering. The notice shall set forth the number, size, price, and
location of affordable dwelling units offered, and shall provide a
description of each dwelling unit's finishes and availability. The
notice shall also include a copy of the inclusionary housing plan,
and any such additional information the Director may reasonably
• require in order to establish compliance with this chapter.
2. The prospective purchaser or lessee shall make application for a
"certificate of qualification" on a form provided by the Director. If the
developer, or its designee, determines an applicant is qualified
pursuant to the requirements of this chapter to purchase or lease
an affordable dwelling unit, he/she shall issue a "certificate of
qualification" to that applicant. An applicant must provide
documents to verify that he or she satisfies these requirements,
including an affidavit that the affordable dwelling unit will be his or
her primary residence and evidence of income, household size, and
residency or employment in Evanston. The developer, or its
designee, shall determine whether or not the prospective purchaser
or lessee satisfies the requirements of this chapter within ten (10)
business days after receiving the completed application. The
developer shall, upon request by the Director, furnish
documentation to the City to demonstrate compliance with this
section (C).
3. The developer shall not sell or lease any affordable dwelling units
is
without a valid certificate of qualification for the prospective
purchaser/lessee.
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(D) Agreement To Ensure Compliance During The Affordability Period. Prior
to issuance of a building permit for any covered development or
conveyance of title of any dwelling unit in any covered development, the
applicant shall have entered into an agreement with the city regarding the
specific requirements and restrictions imposed by the city council upon the
approved development. The applicant shall agree to execute any and all
documents deemed necessary by the city, including, without limitation,
deed restrictions, restrictive covenants, and other related instruments, to
ensure the continued affordability of the affordable dwelling units in
accordance with this chapter. The agreement shall set forth the
commitments and obligations of the city and the applicant, and shall
incorporate, among other documents, the inclusionary housing plan. If
applicable, the agreement shall also detail the fee in lieu or alternative
equivalent action of providing on site affordable dwelling units as set forth
in Sections 8 and 9 of this chapter respectively.
Rental Compliance. The developer, or its designee, shall submit an annual
compliance report describing each affordable unit in detail including but
• not limited to changes in tenancy, turnovers, and income certifications for
all new tenants upon request of the Director.
(F) Control Of Resale Prices. The maximum sales price, with the exception of
foreclosure sales, permitted on resale of an affordable dwelling unit shall
be based on the following formula:
1. The original purchase price plus:
a. An inflation adjustment of the original purchase price
calculated in accordance with the CPI, using the year of the
prior sale as the base year;
b. Allowances for closing costs and sales commissions paid by
the seller; and
C. The fair market value of approved improvements made to
the unit between the date of original sale and the date of
resale, up to an average of five thousand dollars ($5,000.00)
per year. "Approved improvements" are capital
improvements which add value to the home, prolong its
useful life or adapt it to new uses. Repairs to maintain the
home in good condition are not allowable capital
• improvements. A list of general allowable capital
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• improvements shall be included in the affordability
documents signed by the purchaser.
(G) First Sale After Affordability Period Ends.
1. This subsection (G) shall apply in the event an affordability period
in perpetuity is unlawful or becomes unlawful. Upon the first sale of
an affordable dwelling unit after the affordability period ends, the
seller shall pay to the city out of the sale proceeds a percentage of
the difference between the actual sales price and the current
affordable resale price as determined pursuant to subsection (G) of
this section. Such sums shall be deposited into the affordable
housing fund. The percentage is based upon the number of years
the seller owned and occupied the unit, as follows:
Years of Ownership Share to Affordable Housing Fund
11 to 15 Years 50 Percent
6 to 10 Years 60 Percent
1 to 5 Years 70 Percent
• 2. The Director shall determine whether the price and terms of a
resale covered by the preceding paragraph meet the requirements
of this chapter. Upon a finding of compliance, the Director shall
terminate the affordable housing controls and execute a recordable
release of all applicable mortgages and restrictions.
3. If an affordable dwelling unit is sold through a foreclosure or other
court ordered sale, the affordable restrictions are extinguished, but
any remaining net profit shall be returned to the department and
deposited into the affordable housing fund.
5-7-12. COMMUNITY LAND TRUST.
The City may create or authorize a community land trust to effectuate the
purposes of this chapter. Any established or designated land trusts must be
staffed by paid employees and be sufficiently operational, subject to the
discretion of the City.
5-7-13. INCENTIVES FOR APPLICANTS.
• For any covered development project that complies with the requirements of this
chapter, the city shall follow the procedures described below and provide the
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60-0-15
• described incentives:
(A) Expedited Application Process: All applications shall be processed by all
city departments before other residential land use applications regardless
of the original submittal date.
(B) Fee Deferral. All city required fees related to the covered development
shall be for plan review, building permit fees or other similar development
review fees for the non -affordable dwelling units, which are not subject to
a fee waiver per subsection 5-7-13(C), shall be deferred for payment until
the issuance of the first temporary certificate of occupancy for a non -
affordable dwelling unit. The project applicant shall not receive a fee
deferral from payment for any other City fees associated with the covered
development, including but not limited to right-of-way fees, demolition
fees, and fees related to the commercial portion(s) of the development.
(C) Fee Waiver. All projects with a covered development which must comply
with the requirements of this Inclusionary Housing Ordinance shall be
exempt from all plan review, building permit fees or other similar
development review fees for the affordable units. Whenever a project
includes a combination of affordable and market rate housing units, fees
shall be pro -rated appropriately as determined by the Director and no fees
• associated with the commercial portion shall be deferred, if applicable.
The project applicant shall not receive a waiver from payment of any other
fees associated with the covered development, including but not limited to
right-of-way fees, demolition fees, or fees related to the commercial
portion(s) of the covered development
•
(D) Bonuses: Density, height, and FAR (floor area ratio) requirements
provided in Title 6 are hereby amended for covered developments that
provide on -site affordable units, the development is entitled to the
following bonuses:
Development Bonus
In TOD Area
Outside TOD Area
Density
20% bonus
10% bonus
Height
10% bonus
5% bonus
FAR
10% bonus
5% bonus
(E) Parking: Parking requirements provided in Title 6 are hereby amended for
covered developments that provide on -site affordable units, the parking
requirements for entire development provided in Title 6, Zoning Code,
shall be reduced to:
Parking I In TOD Areas
Requirements
Outside TOD Area
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60-0-15
0
0-1 Bedroom
2 Bedrooms
3+ Bedrooms
5-7-14. ENFORCEMENT.
0.5 parking spaces
1 parking space
1.25 parking spaces
0.75 parking spaces
1.25 parking spaces
1.5 parking spaces
(A) The provisions of this chapter shall apply to all agents, successors and
assignees of an applicant.
(B) The City may institute injunction, mandamus, or any other appropriate
legal actions or proceedings for the enforcement of this chapter. In
addition, any person, firm, or entity, whether as principal, agent, employee
or otherwise, who violates, disobeys, omits, neglects, or refuses to comply
with or resists the enforcement of any of the provisions of this chapter
shall be fined not less than two hundred dollars ($200.00) nor more than
five hundred dollars ($500.00) for each offense. Each day such violation or
failure to comply is permitted to exist after notification thereof shall
constitute a separate offense.
5-7-15. ADMINISTRATION.
In order to ensure compliance with the provisions of this chapter, the City may
utilize a maximum of fifteen percent (15%) each year of funds from the affordable
housing fund for administration.
5-7-16. SEVERABILITY.
The provisions and sections of this chapter shall be deemed separable, and the
invalidity of any portion of this chapter shall not affect the validity of the
remainder.
SECTION 3: The findings in this Ordinance, and the Legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston, and shall be
received in evidence as provided by the Illinois Compiled Statues, and the courts of the
State of Illinois.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
Im
60-0-15
•
C]
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: In the event of any conflict between the terms and conditions
of this Ordinance 60-0-15 and the terms of the Zoning Ordinance, Ordinance 60-0-15
shall supersede, prevail and dictate the law of the City of Evanston until such time as
the Zoning Ordinance is amended to address the regulations set forth herein. All other
regulations not addressed within this Ordinance 60-0-15 shall remain in full force and
effect in the City Code.
SECTION 6: This ordinance shall become effective on January 1, 2016.
All completed applications for building permit, for developments needing no zoning
relief, and all completed applications for a variance or special use permit, received after
January 1, 2016 shall be subject to all provisions contained herein. Those completed
applications received prior to January 1, 2016 shall be subject to the provisions of the
preceding City Code provisions and exempted from the amended and additional
provisions provided herein.
Introduced: 0���r , 2015
Adopted: �\�� (1►2015
Ito .
F6dney eene, City Clerk
Approved:
'2015
Eliz ' th B. Tisdahl, Mayor
Approved s to form:
'3,--.
W. Grant Farrar, Corporation Counsel
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