Zoning and Codes: The Times are Changing
Zoning and Codes: The Times are Changing Learn about the impact of the Crystal Lake Case and recent zoning laws on school district projects. Learn about the new changes to building codes that will become effective July 1, 2016. The panel will consist of architects, engineers, city officials and school district personnel.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
• The Moderator will help ensure the Illinois ASBO Code of Ethics is adhered to throughout the presentation and ensuing audience discussion. • Moderators are given the authority to ask any attendee to leave if they become combative with presenters • This presentation is to be informative and not to promote specific products, services, companies, etc. • If a vendor is a presenter and uses the presentation as a platform to “sell” their product or services, the Moderator has the authority to stop the presentation if the presenter refuses to modify their content. • Any vendor presenter who violates these regulations may be excluded from presenting at future presentations. • We ask the audience to join with us in respecting these guidelines.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Introductions •
Lee Gaul (Moderator) – Senior Architect/Business Development, RuckPate Architecture
•
Ken Florey – Partner; Robbins Schwartz
•
Keith Hammelman PE – Vice President, Mechanical Engineer; CannonDesign
•
David Hulseberg – President/CEO; Invest Aurora
•
James A. Petrakos, AIA, LEED AP – Alderman, City of Lockport & Principal Architect, Director of Marketing; Tria Architecture
•
John Robbinson – Director of Facilities Operations, Wheaton CUSD 200
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Gurba v. Community High School District No. 155, 2015 IL 118332
– School districts are subject to municipal zoning and must go through a municipality’s processes for zoning approvals from a plan commission or zoning board of appeals – Court determined that zoning provisions have long been held to be an appropriate exercise of a home-rule unit’s power and since zoning regulations do not speak to the topic of public education, the municipality has control in the area of zoning – The Court explained that the City’s zoning regulations of school-owned property for the benefit of the community as a whole is not equivalent to the regulation of public education activities such as curricula, administration and staffing. – Did not address the goal of intergovernmental cooperation or how a homerule unit’s zoning regulations could thwart a school district from providing its statutory required duties.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Wilmette Park District v. Village of Wilmette, 134 Ill. App. 3d 657, 480 N.E.2d 1249, 89 Ill.Dec. 506 (1st Dist. 1985) – Park district claimed it did not have to comply with municipal zoning in installation of lights in park – Illinois Supreme Court determined that Park district was not exempt from zoning law of home rule village requiring application for special use permit to install new lights in park – Since the lights sought might impact on the surrounding residents' enjoyment of their property, depending on the height and intensity of the lights and their hours of use, the park district was required to comply with the zoning ordinances of the municipality with its provisions for special uses in proper cases.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Wilmette Park District v. Village of Wilmette, 134 Ill. App. 3d 657, 480 N.E.2d 1249, 89 Ill.Dec. 506 (1st Dist. 1985) (cont.) – The formula for achieving cooperation between independent agencies in the concurrent exercise of governmental power will differ from case to case – Park district going through the zoning process will flesh out facts that will enable courts to determine if park district is being frustrated by the village in performance of park district’s statutory duties. – The Village through its zoning cannot prevent the Park District from performing its essential functions.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Illinois School Code Current Law • Section 10-22.13a of the Illinois School Code provides: • Sec. 10-22.13a. Zoning changes, variations, and special uses for school district property. To seek zoning changes, variations, or special uses for property held or controlled by the school district. • (Source: P.A. 90-566, eff. 1-2-98.)
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Illinois School Code •
Can municipalities charge schools fees for the zoning process?
• •
Sec. 3-14.21. Inspection of schools. (a) The regional superintendent shall inspect and survey all public schools under his or her supervision and notify the board of education, or the trustees of schools in a district with trustees, in writing before July 30, whether or not the several schools in their district have been kept as required by law, using forms provided by the State Board of Education which are based on the Health/Life Safety Code for Public Schools adopted under Section 2-3.12. The regional superintendent shall report his or her findings to the State Board of Education on forms provided by the State Board of Education. *** • (d) If a municipality or, in the case of an unincorporated area, a county or, if applicable, a fire protection district wishes to perform new construction inspections under the jurisdiction of a regional superintendent, then the entity must register this wish with the regional superintendent. These inspections must be based on the building code authorized in Section 2-3.12 of this Code. The inspections must be at no cost to the school district. • (Source: P.A. 96-734, eff. 8-25-09.) 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
New Proposed Legislation Fact Sheet • •
WHY THIS AMENDMENT TO SB36/SB2186 IS NEEDED: The uncertainty over what was required of school districts throughout the zoning process this past summer led to problems for many districts in obtaining approval for necessary school construction projects. This resulted in lawsuits, delayed or canceled school construction projects and strained relationships.
•
The scale of the projects impacted by this issue is significant. Last spring, IASBO conducted a survey in which 74 school districts participated. The survey indicated that in the summer of 2015 alone, this relatively small subset of Illinois districts completed over $355,665,500 in capital improvements projects. These districts also projected and/or planned additional capital improvements within the next five years totaling $1,224,350,000.
•
The Supreme Court Case centered upon whether a school district is subject to the municipality’s local zoning ordinances to the same extent as any other property owner or whether they were exempt from those ordinances. We do not advocate either extreme. Instead, we offer the following process that balances the needs of the school district and the municipality.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
New Legislation Fact Sheet •
WHAT THIS PROPOSED AMENDMENT TO SB36/SB2186 DOES: – Requires school districts to comply with local zoning ordinances, but with the below accommodations that recognizes the unique needs of school districts. – Ensures that this law will only be applied to future school construction projects and does not retroactively affect existing school buildings that constitute lawful prior non-conforming uses. – Prohibits a municipality from denying or attaching inappropriate or unreasonable conditions to zoning permits that would frustrate a school board’s ability to provide educational services and programs for its students. – Requires municipalities to defer to the school district aesthetic and exterior design intentions, as well as features that ensure student safety and accessibility. – Recognizes the school district’s unique timeline by requiring municipalities to streamline the zoning and application and review process, including completing the process within 90 days, and minimizing administrative burdens. – Allows districts to utilize temporary classroom structures to educate students when construction delays or unexpected increased enrollment occurs. 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Working With Your Municipality • Develop Intergovernmental Cooperation • Consider the time impact of the zoning process • Request a waiver/reduction in fees
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Storm Shelters – Code Changes •
Effective for “New School Building Construction” Design Contracts after January 1, 2015 • New School Building Construction – – New stand alone school with Group E occupant load of 50 or more occupants – One or more additions completed in a 24 month period that increases total square footage of the remaining existing building by 50% or more
•
Requires dedicated toilet rooms, shelter space based on occupant load, and emergency power for 2 hours.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Part 180 Construction – Code Changes •
Effective July 1, 2016 School Construction Code changes to IBC 2015 for design contracts after July 1, 2016 • Requires update to 2015 International Energy Conservation Code • What is the impact of this change? – Automatic Daylighting Controls or Occupancy Sensor Control of Lighting for IECC 2015, IECC 2012 allowed manual dual level control – More stringent energy recovery control required for IECC 2015 – All Designs must have an additional energy conservation measure (Lighting Power reduction is desired) – Roof insulation requirements increase from minimum R-20 ci to R-30 ci. – Commissioning of Mechanical Systems Required for Occupancy
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Questions and Answers We thank you for your time
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Panelists Info •
Lee Gaul (Moderator), Senior Architect/Business Development, RuckPate Architecture – 847.381.2946; [email protected]
•
Ken Florey, Partner, Robbins Schwartz – 312.332.7760; [email protected]
•
Keith Hammelman PE, Vice President, Mechanical Engineer; CannonDesign – 312.960.8318; [email protected]
•
David Hulseberg, President/CEO, Invest Aurora – 630.256.3160; [email protected]
•
James A. Petrakos, AIA, LEED AP, Alderman, City of Lockport & Principal Architect, Director of Marketing, Tria Architecture – 630.455.4500; [email protected]
•
John Robinson, Director of Facilities Operations; Wheaton CUSD 200 – 630.682.2000; [email protected] 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
• The Moderator will help ensure the Illinois ASBO Code of Ethics is adhered to throughout the presentation and ensuing audience discussion. • Moderators are given the authority to ask any attendee to leave if they become combative with presenters • This presentation is to be informative and not to promote specific products, services, companies, etc. • If a vendor is a presenter and uses the presentation as a platform to “sell” their product or services, the Moderator has the authority to stop the presentation if the presenter refuses to modify their content. • Any vendor presenter who violates these regulations may be excluded from presenting at future presentations. • We ask the audience to join with us in respecting these guidelines.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Introductions •
Lee Gaul (Moderator) – Senior Architect/Business Development, RuckPate Architecture
•
Ken Florey – Partner; Robbins Schwartz
•
Keith Hammelman PE – Vice President, Mechanical Engineer; CannonDesign
•
David Hulseberg – President/CEO; Invest Aurora
•
James A. Petrakos, AIA, LEED AP – Alderman, City of Lockport & Principal Architect, Director of Marketing; Tria Architecture
•
John Robbinson – Director of Facilities Operations, Wheaton CUSD 200
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Gurba v. Community High School District No. 155, 2015 IL 118332
– School districts are subject to municipal zoning and must go through a municipality’s processes for zoning approvals from a plan commission or zoning board of appeals – Court determined that zoning provisions have long been held to be an appropriate exercise of a home-rule unit’s power and since zoning regulations do not speak to the topic of public education, the municipality has control in the area of zoning – The Court explained that the City’s zoning regulations of school-owned property for the benefit of the community as a whole is not equivalent to the regulation of public education activities such as curricula, administration and staffing. – Did not address the goal of intergovernmental cooperation or how a homerule unit’s zoning regulations could thwart a school district from providing its statutory required duties.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Wilmette Park District v. Village of Wilmette, 134 Ill. App. 3d 657, 480 N.E.2d 1249, 89 Ill.Dec. 506 (1st Dist. 1985) – Park district claimed it did not have to comply with municipal zoning in installation of lights in park – Illinois Supreme Court determined that Park district was not exempt from zoning law of home rule village requiring application for special use permit to install new lights in park – Since the lights sought might impact on the surrounding residents' enjoyment of their property, depending on the height and intensity of the lights and their hours of use, the park district was required to comply with the zoning ordinances of the municipality with its provisions for special uses in proper cases.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Municipal Zoning and Crystal Lake Bleachers Case • Wilmette Park District v. Village of Wilmette, 134 Ill. App. 3d 657, 480 N.E.2d 1249, 89 Ill.Dec. 506 (1st Dist. 1985) (cont.) – The formula for achieving cooperation between independent agencies in the concurrent exercise of governmental power will differ from case to case – Park district going through the zoning process will flesh out facts that will enable courts to determine if park district is being frustrated by the village in performance of park district’s statutory duties. – The Village through its zoning cannot prevent the Park District from performing its essential functions.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Illinois School Code Current Law • Section 10-22.13a of the Illinois School Code provides: • Sec. 10-22.13a. Zoning changes, variations, and special uses for school district property. To seek zoning changes, variations, or special uses for property held or controlled by the school district. • (Source: P.A. 90-566, eff. 1-2-98.)
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Illinois School Code •
Can municipalities charge schools fees for the zoning process?
• •
Sec. 3-14.21. Inspection of schools. (a) The regional superintendent shall inspect and survey all public schools under his or her supervision and notify the board of education, or the trustees of schools in a district with trustees, in writing before July 30, whether or not the several schools in their district have been kept as required by law, using forms provided by the State Board of Education which are based on the Health/Life Safety Code for Public Schools adopted under Section 2-3.12. The regional superintendent shall report his or her findings to the State Board of Education on forms provided by the State Board of Education. *** • (d) If a municipality or, in the case of an unincorporated area, a county or, if applicable, a fire protection district wishes to perform new construction inspections under the jurisdiction of a regional superintendent, then the entity must register this wish with the regional superintendent. These inspections must be based on the building code authorized in Section 2-3.12 of this Code. The inspections must be at no cost to the school district. • (Source: P.A. 96-734, eff. 8-25-09.) 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
New Proposed Legislation Fact Sheet • •
WHY THIS AMENDMENT TO SB36/SB2186 IS NEEDED: The uncertainty over what was required of school districts throughout the zoning process this past summer led to problems for many districts in obtaining approval for necessary school construction projects. This resulted in lawsuits, delayed or canceled school construction projects and strained relationships.
•
The scale of the projects impacted by this issue is significant. Last spring, IASBO conducted a survey in which 74 school districts participated. The survey indicated that in the summer of 2015 alone, this relatively small subset of Illinois districts completed over $355,665,500 in capital improvements projects. These districts also projected and/or planned additional capital improvements within the next five years totaling $1,224,350,000.
•
The Supreme Court Case centered upon whether a school district is subject to the municipality’s local zoning ordinances to the same extent as any other property owner or whether they were exempt from those ordinances. We do not advocate either extreme. Instead, we offer the following process that balances the needs of the school district and the municipality.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
New Legislation Fact Sheet •
WHAT THIS PROPOSED AMENDMENT TO SB36/SB2186 DOES: – Requires school districts to comply with local zoning ordinances, but with the below accommodations that recognizes the unique needs of school districts. – Ensures that this law will only be applied to future school construction projects and does not retroactively affect existing school buildings that constitute lawful prior non-conforming uses. – Prohibits a municipality from denying or attaching inappropriate or unreasonable conditions to zoning permits that would frustrate a school board’s ability to provide educational services and programs for its students. – Requires municipalities to defer to the school district aesthetic and exterior design intentions, as well as features that ensure student safety and accessibility. – Recognizes the school district’s unique timeline by requiring municipalities to streamline the zoning and application and review process, including completing the process within 90 days, and minimizing administrative burdens. – Allows districts to utilize temporary classroom structures to educate students when construction delays or unexpected increased enrollment occurs. 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Working With Your Municipality • Develop Intergovernmental Cooperation • Consider the time impact of the zoning process • Request a waiver/reduction in fees
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Storm Shelters – Code Changes •
Effective for “New School Building Construction” Design Contracts after January 1, 2015 • New School Building Construction – – New stand alone school with Group E occupant load of 50 or more occupants – One or more additions completed in a 24 month period that increases total square footage of the remaining existing building by 50% or more
•
Requires dedicated toilet rooms, shelter space based on occupant load, and emergency power for 2 hours.
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Part 180 Construction – Code Changes •
Effective July 1, 2016 School Construction Code changes to IBC 2015 for design contracts after July 1, 2016 • Requires update to 2015 International Energy Conservation Code • What is the impact of this change? – Automatic Daylighting Controls or Occupancy Sensor Control of Lighting for IECC 2015, IECC 2012 allowed manual dual level control – More stringent energy recovery control required for IECC 2015 – All Designs must have an additional energy conservation measure (Lighting Power reduction is desired) – Roof insulation requirements increase from minimum R-20 ci to R-30 ci. – Commissioning of Mechanical Systems Required for Occupancy
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Questions and Answers We thank you for your time
65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
Panelists Info •
Lee Gaul (Moderator), Senior Architect/Business Development, RuckPate Architecture – 847.381.2946; [email protected]
•
Ken Florey, Partner, Robbins Schwartz – 312.332.7760; [email protected]
•
Keith Hammelman PE, Vice President, Mechanical Engineer; CannonDesign – 312.960.8318; [email protected]
•
David Hulseberg, President/CEO, Invest Aurora – 630.256.3160; [email protected]
•
James A. Petrakos, AIA, LEED AP, Alderman, City of Lockport & Principal Architect, Director of Marketing, Tria Architecture – 630.455.4500; [email protected]
•
John Robinson, Director of Facilities Operations; Wheaton CUSD 200 – 630.682.2000; [email protected] 65th ILLINOIS ASBO CONFERENCE AND EXHIBITIONS May 4 – MAY 6, 2016 @IllinoisASBO #iasboAC16
