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New Requirements for Planned Developments in Chicago

Yesterday, Mayor Rahm Emanuel issued an executive order requiring all applicants seeking Planned Development (PD) approval to report intended and actual employment of Minority and Women-Owned Business Enterprises (M/WBEs) as part of the Planned Development approval process.

The Order directs the Department of Planning and Development (DPD) and Chicago Plan Commission to encourage goals of (i) 26% MBE and 6% WBE participation applicable to the total construction budget for each PD, or any phase thereof, and (ii) 50% City resident hiring applicable to the total construction work hours for each PD, or any phase thereof. These requirements previously only applied to projects seeking to purchase land from the City, subsidies or other financing from the City, but are now mandatory on all applicants seeking a Planned Development.

Applicants will have to submit M/WBE data at three points throughout the PD process:

  1. Prior to being placed on a Chicago Plan Commission agenda;

  2. Upon the filing for Part II approval from DPD; and

  3. Upon application for a Certificate of Occupancy from the Department of Buildings

These submissions will include the applicant's outreach plan to encourage participation of City residents and M/WBEs in the design, engineering, and construction of the proposed project prior to construction, and the actual participation of City residents and M/WBEs in the design, engineering, and construction of the project.

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About this Author

Michael Noonan, Foley Lardner Law Firm, Real Estate Attorney
Special Counsel

Michael Noonan is a special counsel and real estate business lawyer with Foley & Lardner LLP. He focuses his practice on obtaining land use and zoning entitlements and working to build consensus between property owners, government officials, and community groups.

Mr. Noonan has experience in a wide variety of land use matters, including driving the site acquisition and permitting processes for a large-scale wireless communication construction project, assisting with eminent domain proceedings in Illinois and managing property tax appeals for...

312-832-5119
Donna Pugh, Foley Lardner Law Firm, Real Estate and Business Attorney
Partner

Donna J. Pugh is a partner and real estate business lawyer with Foley & Lardner LLP where she focuses on obtaining land use and zoning entitlements on behalf of her retail, health care and corporate clients. With her approach of bridging the gap between client, civic and municipal needs, Ms. Pugh has an exceptionally high success rate of securing necessary approvals for land development projects in the Chicago area. She is a member of the firm’s Real Estate Practice and Health Care Industry Team.

312-832-4596