RECEIVED
ORDINANCE
NOV 19 2015
Initial:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. That the Chicago Zoning Ordinance be amended by changing all the Residential Planned Development No. 546 District symbols and indications as shown on Map No. 13-K in the area bounded by:
a line 1,277 feet north of and parallel with the north line of West Foster .Avenue; a line 510 feet east of and parallel with the center line of North Kostner Avenue extended north; a line 1,189 feet north of and parallel with the north line of West Foster Avenue; a line 660 feet east of and parallel with the center line of North Kostner Avenue extended north; a line from a point 667 feet north of the north line of West Foster Avenue and 660 feet east of the center line of North Kostner Avenue extended north to a point 590 feet north of the north line of West Foster Avenue and 737 feet east of the center line of North Kostner Avenue extended north; a line 590 feet north of and parallel with the north line of West Foster Avenue; a line 1,331 feet east of and parallel with the center line of North Kostner Avenue extended north; an arc of a circle with a radius . of 100 feet and itscenter 262.5 feet north ofthe north line ofWest Foster Avenue and 1,431 feet east of the center line of North Kostner Avenue extended north; a line from a point on that arc 163 feet north of the north line of West Foster Avenue and 1,213 feet west ofthe west line of North Pulaski Road to a .point 189 feet north of the north line of West Foster Avenue and 980 feet west of the west line of North Pulaski Road; a line from a point 189 feet north of the north line of West Foster Avenue and 980 feet west of the west line of North Pulaski Road to a point 79.5 feet north ofthe north line of West. Foster Avenue and 756 . feet west of the west line of North Pulaski Road; a line "from a point 79.5 feet north of the north line of West Foster Avenue and 756 feet west of the west line of North Pulaski Road to a point 100 feet north of the north line of West Foster Avenue and 690 feet west of the west line of North Pulaski Road; a line 100 feet north of and parallel with the north line of West Foster Avenue; a line 630 feet west of and parallel with the west line of North Pulaski Road; an arc of a circle with a radius of 30 feet arid its center 70 feet north of the north line of West Foster Avenue and 600 feet west of the west line of North Pulaski Road; a line 40 feet north of and parallel with the north line of West Foster Avenue; a line 495 feet west of and parallel with the west line of North Pulaski Road; West Foster Avenue; the centerline ofthe north fork ofthe North Branch ofthe Chicago River; the east line of Gompers Park north of the Chicago River; the north line of Gompers Park; and the center line of North Kostner Avenue extended north,
to those of Residential Planned Development No. 546, as amended which is hereby described in the area above.
SECTION 2. This ordinance shall be in force and take effect from and after its passage and due publication.
Common Address: 5225 N. Riversedge Terrace
FINAL FOR PUBLICATION
Residential Planned Development No. 546, as amended
Plan of Development Statements
The area delineated herein as a Residential Planned Development consists of approximately 693,210 square feet (15.9 acres) as depicted on the Planned Development Boundary Map.
All applicable official reviews, approvals or permits are required to be obtained by the Applicant including permits identified by the Chicago Department of Environment. In order to promote adequate floodplain and stormwater management, the Applicant snail, at its sole expense: (i) elevate all roadways and the lowest floor of all buildings located within the 100-year floodplain to one foot above the Base Flood Elevation; (ii) provide at least 100 percent on site, compensatory stormwater storage for any fill brought on site; and (iii) perform any measures or construct any improvements required by the Chicago Department of Environment, the Metropolitan Water Reclamation District, the Illinois Department of Transportation — Water Resources Division, or the United States Army Corps of Engineers to ensure that the proposed development will not result in . any reduction in water quality or increased flood risk to properties located downstream or adjacent to the proposed development. In addition, the Applicant shall apply for a National Pollution Discharge Elimination System ("N.P.D.E.S.") permit from the Illinois Environmental Protection Agency ("I.E.P.A.") for all outflows into the river, and shall monitor and report to the I.E.P.A. the water quality in stormwater detention basins as required by such permit. The Applicant shall be responsible for performing any measures identified by the I.E.P.A. to mitigate unacceptable levels of contamination which are attributable to the proposed Residential Planned Development. Any dedication or vacation of streets or alleys, or easements, or adjustments of right-of-way, or consolidation or resubdivision of parcels, shall require a separate submittal on behalf of the Applicant and approval by the City Council. The dedication of any roadways within the Residential Planned Development shall nol obligate the City to maintain or repair any additional structures adjacent to or appurtenant to such roadways. The Applicant shall be responsible for maintaining an existing seawall located adjacent to such roadway. The Applicant shall also be responsible for maintaining any new swales, culverts, stormwater detention basins or other similar structures which may be constructed immediately under or adjacent to the access road.
The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders including any homeowners association which is formed to succeed the Applicant. All rights granted hereunder to the Applicant shall inure to the benefit ofthe Applicant's successors and assigns and, if different than the Applicant, the legal title holder including any homeowners association which is formed to succeed the Applicant. Furthermore, pursuant to the requirements of Section 17-13-0611 of the Chicago Zoning Ordinance, the Property, at the time applications for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development are made, shall be under single ownership or under single designated control. Single designated control for purposes of this paragraph shall mean that any application to the City for any amendment to this Planned Development or any other modification or change thereto (administrative, legislative or otherwise)
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shall be made or authorized by the Applicant or any homeowners association which is formed to succeed the Applicant. Nothing herein shall be construed to mean that any individual owner, or any ground lessors, of the Property or any portion thereof is relieved of obligations imposed hereunder or rights granted herein or is not subject to City action pursuant to this Planned Development. In addition, nothing herein shall prohibit or in any way restrict the alienation, sale or any other transfer of all or any portion of the Properly or any rights, interests or obligations therein. Upon any alienation, sale or any other transfer of all or any portion of the Property or the rights therein, except any assignment or transfer of rights pursuant to a mortgage or otherwise as collateral for any indebtedness, and solely wilh respect to the portion of the Properly so transferred, the term Applicant shall be deemed amended to apply to the transferee thereof (and ils beneficiaries if such transferee is a land trust) and the seller or transferor thereof (and its beneficiaries if such seller or transferor is a land trust) shall thereafter be released from any and all obligations or liability hereunder.
This Plan of Development consists of fourteen (14) statements: an Existing Zoning Map; a Property Line and Planned Development Boundary Map; a Generalized Land Use Map; an Existing Land Use Map; a Table of Use and Bulk Regulations and Related Controls; a Site Plan, a Landscape Plan and Elevation Plans, dated February 10, 1994. Full size sets of the Site Plan, a Landscape Plan and Elevation Plans are on file with the Department of Planning and Development. The Planned Development is applicable to the area delineated hereto and these and no other controls shall apply. The Planned Development conforms to the intent and purpose of the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, and all requirements thereof, and satisfies the established criteria for approval as a Planned Development.
The following uses shall be permitted within the area delineated herein as "Planned Development": single-family and multi-family dwellings, accessory parking and related uses.
Identification signs shall be permitted within the Planned Development subject to the review and approval of the Department of Planning and Development. Temporary signs, such as construction and marketing signs shall be permitted, subject to the review and approval of the Department of Planning and Development. Off premise signage is prohibited within the planned development.
Any service drives or other ingress or egress (excluding emergency access through the St. Luke's Cemetery) shall be adequately designed and paved in accordance with the regulations of the Department of Transportation .in effect at the time of construction and in compliance with the Municipal Code of the City of Chicago, to provide ingress and egress for motor vehicles, including emergency vehicles. There shall be no parking within such paved areas. Ingress and egress shall be subject to the review and approval of the Department of Transportation, Bureau of Traffic Engineering and Operations and the Department of Planning and Development. Conditioned upon receipt of the requisite permits.and approvals, the Applicant shall provide at the Applicant's sole expense for traffic signalizalion al the main entrance to the adjoining shopping center on West Foster Avenue, widen West Foster Avenue to accommodate left turns into the shopping center, and provide an access road from lhe Planned Development into the shopping center. The Applicant shall also provide at lhe Applicant's sole expense (1) for the' installation of crash-through type gales al the entrance lo St. Luke's Cemetery
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and at the Emergency Access connection; and (2) shall provide the Chicago Police Department with sufficient keys to the gate at the entrance to St. Luke's Cemetery and the Emergency Access connection. The Applicant shall require any homeowners association which is formed to succeed the Applicant to provide at the association's sole expense for private security to monitor the gate at the entrance to St. Luke's Cemetery and at the Emergency Access connection at all times when the roadway within the Planned Development boundaries is not passable.
8. Height restriction of any building or any appurtenances thereto shall, in addition to the Table of Use and Bulk Regulations, be subject to:
(a) Height limitations as certified on Form FAA-117 or successor
forms involved in the same subject matter and approved by
the Federal Aviation Administration; and-
(b) Airport zoning regulations as established by the Department of
Planning and Development, Department of Aviation and Department of Law, and approved by the City Council.
For purposes of Floor Area Ratio (F.A.R.) calculations, the definitions in the Chicago Zoning Ordinance shall apply. For the purposes of this amendment, the floor area is being increased to .87 overall, with 3,200 square feet of floor area to be allocated to two undeveloped single-family home lots on Summerdale Avenue with the PIN Numbers of 13-10-202-004, 13-10-202-003, and 3,400 square feet of floor area allocated to two undeveloped single-family home lots on Lowell Avenue with the PIN Numbers of 13-10-202-002 and 13-10-202-001.
The Planned Development herein shall be subject to the "Rules, Regulations and Procedures related to Planned Developments" as
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romulgated by the Commissioner of the Department Planning and levelopment.
11. Improvements of the Property, including landscaping and all entrances and exits to the parking areas, shall be designed and installed in substantial conformance with the Use and Bulk Regulations, Site Plan, Landscape Plan and Elevation Plans attached hereto and made a part hereof. Inaddition, parkway trees and other landscaping shall be installed and maintained at all times in accordance with the Landscape Plan and the parkway tree provisions of the Chicago Zoning Ordinance and corresponding regulations and guidelines. The Applicant shall dedicate a conservation easement to an appropriate public or private not-for- profit agency approved by the City, the Forest Preserve District and the Chicago Park District (such approval to occur within sixty (60) days from adoption of this ordinance), to preserve in perpetuity the Property identified on the Landscape Plan as a Conservation Area. The conservation easement shall, at a minimum, provide that the Conservation Area shall on average be 50 feet wide consisting of naturally occurring vegetation augmented with trees and shrubs native to the area; shall be open and accessible to the public during regular Forest Preserve District hours; and shall be kept free and clear ofany structures except those riveredge amenities described on the Site Plan (e.g., trails, benches, a gazebo). Removal of any healthy
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existing trees within this Conservation Area s h a 11 be prohibited. In addition, the Applicant shall submit with its first application for approval under Section 17-13-0610 of the Chicago Zoning Ordinance ("Part II Approval") a tree protection plan describing the measures to be taken to protect trees within the Conservation Area during construction and a Rivercdgc Restoration and Landscape Management Plan describing the measures the Applicant shall take, prior to dedication of the easement, concerning the naturally occurring plant species and native plant species that would improve the aesthetics and natural wildlife habitats within the Conservation Area. No Part II Approval shall be issued by the Department of Planning and Development until the forementioned plans have been submitted; approved by the City, the Forest Preserve of Cook County and the Chicago Park District; and the aforementioned conservation easement has been dedicated. The Applicant shall also provide and maintain the public amenities (e.g. benches, scenic overlooks, gazebo), described on the Site Plan. The Applicant shall also be responsible for maintaining and repairing any damage occurring to an existing seawall on the Applicant's Property, as well as other flood-control or storm-water detention structures which may be constructed on the Property for the benefit of the residents of the Residential Planned Development and adjacent property owners. The required conservation easement was dedicated to and accepted by the Chicago Park District on April 7. 1995 and recorded on April 20, 1995 as document number 95263077.
The Applicant acknowledges that it is in the public interest to design, construct and maintain all buildings in a manner which promotes and maximizes the conservation of energy resources. The Applicant shall use best and reasonable efforts to design, construct and maintain all buildings located within this Planned Development in an energy efficient manner, generally consistent with most current energy efficiency standards by the American Society of Heating, Refrigerating and Air-Conditioning Engineers ("A.S.H.R.A.E.") and the Illuminating Engineering Society ("I.E.S."}. Copies of these standards maybe obtained from the Department of Planning and Development.
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The terms, conditions and exhibits of this Planned Development Ordinance may be modified, administratively, by lhe Commissioner of the Department of Planning and Development upon the request of the Applicant and after a determination by the Commissioner that such a modification is minor, appropriate and consistent wilh lhe nature ofthe development ofthe Property contemplated herein. Any such modification shall be deemed to be a minor change in the Planned Development Ordinance as contemplated by Section 17-13-0611 of the Chicago Zoning Ordinance. Notwithstanding the provisions of subclause (4) of Section 17-13-0611 of lhe Chicago Zoning Ordinance, such minor changes may include a reduction in the minimum required distance between structures, a reduction in periphery setbacks or an increase in the maximum percent of land covered.
As of the dale of this amendment, the planned development is completely built out with the exception of four single-family home lots that are the subject of this amendment. The planned development will remain in full force and effect from this point forward.
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Residential Planned Development #546
Table of Use/Bulk Regulations and Related Controls
Nel Site Area Square Feet Acres 528,040 12.12 Description of Permitted Uses See Statement #5 Maximum Floor Area Ratio 0.87 Maximum it of Dwelling Units 280 Maximum Percentage of Site Coverage As Per Site Plan
Net Site Area: 528,040 square feet (12.12 acres) = Gross Site Area: 693,210 square feet (15.91 acres) -Area to be Dedicated Right-of Way: 165,170 square feet (3.79 acres).
Maximum Floor Area Ratio for Total Net Site Area: .87
Maximum Number of Dwelling Units: 280
Minimum Number of Off-Street Parking Spaces: 395 (1.4:1)
Number of Off-Street Loading Berths: 5 (See Approved Site Plan).
Maximum Percentage of Site Coverage: In accordance with attached Site Plan.
Minimum Required Building Setbacks: In accordance with attached Site Plan.
Maximum Permitted Building Height: In accordance with attached Elevation Plans.
Address: 5225 N. Riversedge Terrace Intro. Date: September 24, 2015 CPC Date: November 19, 2015
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Existing Zoning Map
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Property Line And Planned Development Boundary Map.
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Department of Planning and Development fj^Ac^-
CITY OF CHICAGO
MEMORANDUM
TO: Alderman Daniel S. Solis
Chairrnan, City Council Committee on Zoning
FROM:
David L. Reifman Secretary
Chicago Plan Commission
DATE: November 20, 2015
RE: Proposed Technical Amendment to Residential Business Planned Development No. 546 for property generally located at 5225 North Riversedge Terrace.
On November 19, 2015, the Chicago Plan Commission recommended approval ofthe proposed amendment submitted by Alderman Margaret Laurino. A copy of the proposed amendment is attached. I would very much appreciate your assistance in having this introduced at the next possible City Council Committee on Zoning hearing.
Also enclosed is a copy of the staff report to the Plan Commission which includes the Department of Planning and Development, bureau of Planning and Zoning recommendation and a copy ofthe Resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-5777.
cc: Steve Valenziano
PD Master File (Original PD, copy of memo)
121 NORTH LASALLE STREET, ROOM 1 000, CHICAGO, ILLINOIS 60602
Chicago Plan Commission
November 19, 2015
Residential Planned Development No. 546 5225 N. Riversedge Terrace
Zoning and Land Use Map
PD 546 Location
PD Boundary Map
PDtt 546-Aerial
Final
REPORT
lG Liit;
CHICAGO PLAN COMMISSION from the
DEPARTMENT of PLANNING and DEVELOPMENT
NOVEMBER 19, 2015
PROPOSED AMENDMENT TO RESIDENTIAL PLANNED DEVELOPMENT, NO. 546
ALDERMAN MARGARET LAURINO
5225 N. RIVERSEDGE TERRACE
Pursuant to the provisions of the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, the Department of Planning and Development hereby submits this report and recommendation on a proposed amendment to Residential Planned Development Number 546 for your review and recommendation to the Chicago City Council. The application for this amendment to the Chicago Zoning Ordinance was introduced into the City Council on September 24, 2015. Notice of this public hearing was published in the Chicago Sun-Times on November 4, 2015. The Applicant was separately notified of this hearing.
The Applicant, 39th Ward Alderman Margaret Laurino, proposes a technical amendment to reclassify the above referenced property from Residential Planned Development Number 546 to Residential Planned Development Number 546, as amended. The purpose ofthe amendment is to increase the floor area ofthe planned development from .85 to .87. The floor area is being increased in order to develop the four remaining single-family home lots in keeping with the size and character ofthe rest ofthe single family homes in the development. There are no further changes proposed to the planned development.
SITE AND AREA DESCRIPTION
Residential Planned Development Number 546, approximately twelve acres in size, is generally bounded by Sauganash Woods and the St. Luke and Montrose Cemeteries on the north, LaBagh Woods on the west, a commercial development that fronts Pulaski Road on the east and Gompers Park on the south with West Foster Avenue just beyond.
The site is neither within an Industrial Corridor nor within a Tax Increment Financing District. It is not located within a Chicago Landmark District nor is any property within the planned development a Landmark or rated "Orange" on the Chicago Historical
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Resources Survey. The site is served by several buses operated by the Chicago Transit Authority ("CTA") including numbers CTA Bus Route Numbers 53 and 92.
BACKGROUND AND PROJECT DESCRIPTION
Residential Planned Development Number 546 was originally passed by the City Council of the City of Chicago on March 23, 1994. The planned development
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dwelling units on an approximately twelve acre site. To date, the 260 dwelling units have been built in the four multi-family residential buildings and sixteen (16) single-family homes have been built.
Four single-family home lots remain undeveloped in the planned development, two lots on West Summerdale Avenue and two lots on North Lowell Avenue. However, the floor area that remains, approximately 4,500 square feet, wouid allow for much smaller single-family homes that already exist in the planned development. The average size of the currently built properties is approximately 3,000 square feet where the remaining floor area today would allow homes of approximately 1,100 square feet.
As the planned development was adopted with the intent that the single-family homes would be similar in character to one another, the Applicant proposes to increase the floor area allowed in the planned development just slightly from .85 to .87. The planned development would further stipulate that approximately 3,000 square feet of floor area will be allotted to each of the four remaining lots to maintain the character of the development.
LANDSCAPING AND SITE CIRCULATION
The planned development adopted a landscape plan that the developers of the four remaining lots will need to adhere to as well as the other parameters called for in the original planned development, ii shouid be noted that a conservation easement that was called for in planned development on the south side of Berwyn and Lowell Avenues and north of that section of Gompers Park that is north of Foster Avenue. The developers executed the conservation easement with the Chicago Park District in April of 1995 and it remains in place today. The site circulation will remain the same with entrances to the development off of Foster Avenue. The four remaining single-family home lots will need to add driveways off of Summerdale Avenue and Lowell Avenue, but no other changes to circulation are proposed with this amendment. The traffic signal just to the east for the shopping center off of Foster Avenue has been added as called for in the planned development.
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USE, BULK AND DENSITY
The uses and density of the planned development will remain unchanged in this amendment. The only change proposed is an increase in floor area from .85 to .87, which is less than the underlying zoning of the planned development of an RT4, which allows up to a 1.2 floor area ratio.
RECOMMENDATION
The Department of Planning and Development has reviewed the project materials submitted by the applicant and has concluded that the proposed amendment to Residential Planned Development Number 546 would be appropriate for the following reasons:
The project meets the criteria and objectives for Planned Developments as set forth in Section 17-13-0600 ofthe Zoning Ordinance and its adoption would not have any adverse impact on the public's health, safety, or welfare.
The proposed amendment would be increase the floor area ratio from .85 to .87, which is well below the underlying RT4 zoning district that was the zoning district immediately prior to instituting the planned development in 1994. The increase in floor area is the only change made to the bulk and density criteria ofthe planned development.
The proposed development is compatible with the character of the surrounding area in terms of uses, density and building scale.
The purpose of the amendment to the planned development is to allow for the development of the remaining four single-family home lots in keeping with the character of the existing homes in terms of uses, density and building scale. The approximately 3,000 square feet of floor area that would be allocated to each of the four lots would be close to the average size home in the development of approximately 3,000 square feet.
The public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy.
The proposed Planned Development has been reviewed by the Chicago Department of Transportation as well as other city agencies and all requested changes have been made. The Department of Planning and Development has circulated copies of this application to other City departments and agencies and no comments have been received which have not been addressed in the revised application.
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Based on the forgoing, it is the recommendation from the Department of Planning and Development that the proposed amendment to Residential Planned Development Number 546 be approved and that the recommendation to the City Council Committee on Zoning, Landmarks and Building Standards be as revised, passage recommended.
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Department of Planning and Development
city of chicago
5225 NORTH RIVERSEDGE TERRACE (AMENDMENT TO RESIDENTIAL PLANNED DEVELOPMENT NO. 546)
RESOLUTION
WHEREAS, the Applicant, Alderman Margaret Laurino, has submitted an application for Planned Development amendment approval for the property generally located at 5225 N. Riversedge Terrace; and
WHEREAS, the Applicant proposes to amend the existing planned development to
increase the floor area from .85 to .87 in order to allow for four remaining single-family home lots to be constructed with the same character, bulk and density as those already existing in the planned development; and
WHEREAS, an ordinance for Planned Development amendment approval was
introduced by the Applicant to the City Council of Chicago on September 24, 2015; and
WHEREAS, proper legal notice of a hearing before the Chicago Plan Commission on the Planned Development application was published in the Chicago Sun-Times on September 30, 2015; the Applicant was separately notified of this hearing; and the proposed Planned Development Amendment application was considered at a public hearing by this Plan Commission on November 4, 2015; and
WHEREAS, this Plan Commission has reviewed the ordinance with respect to the
Planned Development provisions ofthe Chicago Zoning Ordinance; and
WHEREAS, the Department of Planning and Development recommended approval of the application, which recommendation and the reasons therefore are contained in the Department's written report dated November 19, 2015, a copy of which is attached hereto and made a part hereof; and
1.21 NORTH LASALI.K STREET, ROOM 1000, CHICAGO, ILLINOIS G0602
WHEREAS, the Chicago Plan Commission has fully reviewed the application and all
information submissions associated with the proposed planned development, the report and recommendation of the Department of Planning and Development, and all other testimony presented at the public hearing held on November 19, 2015, giving due consideration to the Planned Development Standards and Guidelines contained in the Chicago Zoning Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
THAT this Plan Commission recommend approval of the attached Planned Development Ordinance Amendment to the City Council Committee on Zoning, Landmarks and Building Standards and forward the Report of the Department of Planning and Development, dated November 19, 2015 as the findings of this Plan Commission regarding same.
Approved: November 19, 2015
RPD No. 546, as amended