ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Article VII, Section 6(a) ofthe Constitution ofthe State oflllinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is authorized under its home rule powers to regulate the use and development of land; and
WHEREAS, it is a reasonable condition of development approval to ensure that adequate open space and recreational facilities exist within the City; and
WHEREAS, on April 1, 1998, the City Council of the City (the "City Council") adopted the Open Space Impact Fee Ordinance codified at Chapter 18 of Title 16 (the "Open Space Ordinance") of the Municipal Code of Chicago (the "Code") to address the need for additional public space and recreational facilities for the benefit of the residents of newly created residential developments in the City; and
WHEREAS, the Open Space Ordinance authorizes, among other things, the collection of fees from residential developments that create new dwelling units without contributing a proportionate share of open space and recreational facilities for the benefit of their residents as part ofthe overall development (the "Fee-Paying Developments"); and
WHEREAS, pursuant to the Open Space Ordinance, the City's Department of Finance ("DOF") has collected fees derived from the Fee-Paying Developments (the "Open Space Fees") and has deposited those fees in separate funds, each fund corresponding to the Community Area (as defined in the Open Space Ordinance) in which each of the Fee-Paying Developments is located and from which the Open Space Fees were collected; and
WHEREAS, the City's Department of Planning and Development ("DPD") has determined that the Fee-Paying Developments built in the Lower West Side Community Area have deepened the already significant deficit of open space in the Community Area, which deficit was documented in the comprehensive plan entitled "The CitySpace Plan," adopted by the Chicago Plan Commission on September 11,1997 and adopted by the City Council on May 20,1998 and appearing on pages 69309-69311 of the Journal of the Proceedings of the City Council of the same date; and
WHEREAS, DPD has proposed the design, assessment, and planning of a new River Park at Throop Street and the Chicago River in the Lower West Side Community Area (the "Project"); and
WHEREAS, the Open Space Ordinance requires that the Open Space Fees be used for open space acquisition or capital improvements, or both, which provide a direct and material benefit to the new development from which the Open Space Fees are collected; and
WHEREAS, the Open Space Ordinance requires that the Open Space Fees be expended within the same or a contiguous Community Area from which they were collected after a legislative finding by the City Council that the expenditure of the Open Space Fees will directly and materially benefit the developments from which the Open Space Fees were collected; and
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WHEREAS, DPD has agreed to use the Open Space Fees to pay for capital improvements relating to the Project; and
WHEREAS, DPD has determined that the use ofthe Open Space Fees to assist the Project will provide a direct and material benefit to each of the Fee-Paying Developments from which the Open Space Fees were collected in that the Open Space Fees used for the Project will come from the specific funds set up by DOF for the corresponding Community Areas in which a Fee-Paying Development is located and from which the Open Space Fees were collected; and
WHEREAS, DPD has recommended that the City Council approve the use of the Open Space Fees for the purposes through this ordinance; and
WHEREAS, DPD has recommended that the City Council make a finding that the expenditure ofthe Open Space Fees as described herein will directly and materially benefit the Fee-Paying Developments from which the Open Space Fees were collected; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made part of this ordinance as though fully set forth herein.
SECTION 2. The City Council hereby finds that the expenditure of the Open Space Fees will directly and materially benefit the residents of those Fee-Paying Developments from which the Open Space Fees were collected and approves the use of the Open Space Fees.
SECTION 3. Open Space Fees in an amount not to exceed $40,000 from the Lower West Side Community Area are hereby appropriated to DPD for the Project.
SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the Code, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any other provisions of this ordinance.
SECTION 5. This ordinance shall be in full force and effect from and after the date of its passage and approval.
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OFFICE OF THE MAYOR
CITY OF CHICAGO
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith an ordinance authorizing an expenditure of Open Space Impact Fee funds for Throop Street River Park.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
May 24, 2017
To the President and Members ofthe City Council:
Reporting for your Committee on Special Events, Cultural Affairs and Recreation for which a meeting was held on May 22, 2017 having had under consideration two items. An ordinance authorizing the Expenditure of Open Space Impact Fee funds for Throop Street River Park and an ordinance authorizing the Expenditure of Open Space Impact Fee funds and intergovernmental agreement with Chicago Board of Education for Wells Community Academy High School turf athletic field project.
Both were introduced by Mayor Emanuel at the April 19th City Council meeting. I beg leave to report and recommend that Your Honorable Body Pass the proposed ordinances transmitted herewith.
This recommendation was concurred in by a viva voce vote ofthe members ofthe Committee.
Chairman
Respectfully submitted,