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ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by changing all RM5 Residential Multi-Unit District and B3-2 Community Shopping District symbols and indications as shown on Map No. 9-F in the area bounded by
West Cornelia Street; North Broadway Avenue; A line 322.08 feet along North Broadway Avenue south of and parallel to West Cornelia Street; a line 339.00 feet west of and North Broadway Avenue; a line 203.46 feet south of and parallel to West Cornelia Street; a line 377.50 feet west of North Broadway Avenue; a line 139 feet south of and parallel to West Cornelia Street; a line 105.15 feet west of North Broadway Avenue
to those of a B3-3 Community Shopping District
SECTION 2. Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by changing all B3-3 Community Shopping District symbols and indications as shown on Map No. 9-F in the area bounded by
West Cornelia Street; North Broadway Avenue; A line 322.08 feet along North Broadway Avenue south of and parallel to West Cornelia Street; a line 339.00 feet west of and North Broadway Avenue; a line 203.46 feet south of and parallel to West Cornelia Street; a line 377.50 feet west of North Broadway Avenue; a line 139 feet south of and parallel to West Cornelia Street; a line 105.15 feet west of North Broadway Avenue
To those of a Residential Business Planned Development
SECTION 3. This ordinance shall be in force and effect from and after its passage and due publication.
Common Address of Property: 3450-3480 N Broadway/ 645-653 W. Cornelia
RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO. PLANNED DEVELOPMENT STATEMENTS
1. The area delineated herein as Residential-Business Planned Development Number
, ("Planned Development") consists of approximately 69,070 square feet of
property which is depicted on the attached Planned Development Boundary and Property Line Map ("Property") and is owned or controlled by the Applicant, Broadway & Harbor LLC.
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 and any ground lessors. 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 and any ground lessors. Furthermore, pursuant to the requirements of Section 17-8-0400 of the Chicago Zoning Ordinance, the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development are made, shall be under single ownership or designated control. Single designated control is defined in Section 17-8-0400 ofthe Zoning Ordinance.
All applicable official reviews, approvals or permits are required to be obtained by the Applicant or its successors, assignees or grantees. Any dedication or vacation of streets or alleys or grants of easements or any adjustment of the right-of-way shall require a separate submittal to the Department of Transportation on behalf ofthe Applicant or its successors, assigns or grantees.
Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Planned Development.
Ingress or egress shall be pursuant to the Planned Development and may be subject to the review and approval of the Departments of Planning and Development, and Transportation. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval of the Department of Transportation.
Pursuant to a negotiated and executed Perimeter Restoration Agreement ("Agreement") by and between the Department of Transportation's Division of Infrastructure Management and the Applicant, the Applicant shall provide improvements and restoration of all public way adjacent to the property, which may include, but not be limited to, the following as shall be reviewed and determined by the Department of Transportation's Division of Infrastructure Management:
Full width of streets Full width of alleys
Applicant: Broadway & Harbor, LLC
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
Curb and gutter Pavement markings Sidewalks
ADA crosswalk ramps Parkway & landscaping
The Perimeter Restoration Agreement must be executed prior to any Department of Transportation and Planned Development Part II review permitting. The Agreement shall reflect that all work must comply with current Rules and Regulations and must be designed and constructed in accordance with the Department of Transportation's Construction Standards for work in the Public Way and in compliance with the Municipal Code of Chicago Chapter 10-20. Design of said improvements should follow the Department of Transportation's Rules and Regulations for Construction in the Public Way as well as The Street and Site Plan Design Guidelines. Any variation in scope or design of public way improvements and restoration must be approved by the Department of Transportation.
Prior to completion of Part II review of this Planned Development, Applicant will record a declaration ("Declaration") with the Cook County Recorder of Deeds burdening the eastern 50 feet of the southern 12 feet of the access drive to the Property as depicted in the Planned Development as follows. The Declaration will provide that prior to such time, if any, as the site at 3440 N. Broadway may receive a building permit from the City to allow an access drive off of Broadway Street, Applicant and the owner of 3440 N Broadway Street will enter into and record a reciprocal easement agreement, replacing the Declaration, to provide a shared access drive to serve both properties (i) based upon the design of the project on the Property, (ii) having a width at the east property line of 24 feet in tolal as measured in compliance with CDOT standards, (iii) equally burdening both properties physically and financially, and (iv) on such other terms and conditions as the parties may mutually agree. Further, the reciprocal easement agreement would provide that once the shared access drive is necessitated by development at 3440 N. Broadway, Applicant would reduce the width of the access drive at the east property line of the Property to a width of not more than 12 feet, representing the Property's half of the shared access drive.
4. This Plan of Development consists of 17 statements and exhibits: a Bulk Regulations Table; existing zoning map; existing land use map; planned development and property line boundary; transportation overlay district diagram; site context plan; CDOT site plan; landscape plan; level 1 plan; level 2 plan; level 3 plan; level 4 plan; level 5 plan; level 6 plan; level 7 plan; roof plan; contextual elevation - Broadway; contextual elevation -Cornelia; building elevations (north, south, east, and west); building sections; wall sections; and section details; prepared by Optima, Inc. and dated January 23, 2020, and the affordable housing profile form submitted herein (collectively, "Plans"). Full-sized copies of the Site Plan, Landscape Plan and Building Elevations are on file with the Department of Planning and Development. In any instance where a provision of this
Applicant: Broadway & Harbor, LLC
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
Final for Publicati
Planned Development conflicts with the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Zoning Ordinance, and all requirements thereto, and satisfies the established criteria for approval as a Planned Development. In case of a conflict between the terms of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control.
The following uses are permitted efficiency and dwelling units located above the ground floor, artist live-work located above the ground floor, general retail sales, office, limited restaurant, general restaurant, outdoor patio (if located at grade level), personal service, indoor participant sports and recreation, co-located wireless communication facilities, sales and grooming, veterinary, body art services, vacation rental, shared housing unit, cultural exhibits and libraries, artists work or sales space, business equipment sales and service, business support services, communication service establishments, financial services, food and beverage retail sales, medical service, including accessory parking and related uses.
On-Premise signs and temporary signs, such as construction and marketing signs, shall be permitted within the Planned Development, subject to the review and approval of the Department of Planning and Development. Off-premise signs are prohibited within the boundary ofthe Planned Development.
For purposes of height measurement, the definitions in the Zoning Ordinance shall apply. The height of any building shall also be subject to height limitations, if any, established by the Federal Aviation Administration.
The maximum permitted Floor Area Ratio ("FAR") for the Property shall be in accordance with the attached Bulk Regulations Table. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted FAR identified in the Bulk Regulations Table has been determined using a Net Site Area of 69,070 square feet.
Upon review and determination, "Part II Review", pursuant to Section 17-13-0610 of the Zoning Ordinance, a Part II Review Fee shall be assessed by the Department of Planning and Development. The fee, as determined by staff at the time, is final and binding on the Applicant and must be paid to the Department of Revenue prior to the issuance of any Part II approval.
The site and landscape plans shall be in substantial conformance with the Landscape Ordinance and any other corresponding regulations and guidelines, including Section 17-13-0800. Final landscape plan review and approval will be by the Department of Planning and Development. Any interim reviews associated with site plan review or Part II reviews, are conditional until final Part II approval.
Applicant: Broadway & Harbor, LLC ,
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
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11. The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners of the Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-085 ofthe Municipal Code, or any other provision of that Code.
12The terms and conditions, of development under this Planned Development ordinance may be modified administratively, pursuant to section 17-13-0611-A of the Zoning Ordinance by the Zoning Administrator upon the application for such a modification by the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors.
The Applicant acknowledges that il is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayors Office for People with Disabilities to ensure compliance with all applicable laws and regulations related lo access for persons with disabilities and to promote the highest standard of accessibility.
The Applicant acknowledges that it is in the public interest to design, construct, renovate and maintain all buildings in a manner that provides healthier indoor environments, reduces operating costs and conserves energy and natural resources. The Applicant shall obtain the number of points necessary to meet the requirements of the Chicago Sustainable Development Policy, in effect at the time the Part II review process is initiated for each improvement that is subject to the aforementioned Policy and must provide documentation verifying compliance.
The Applicant acknowledges and agrees that the rezoning of the Property from RM-5 and B3-2 lo B3-3, and then to this Residential-Business Planned Development ("PD"), triggers the requirements of Section 2-44-080 of the Municipal Code (the "Affordable Requirements Ordinance" or "ARO"). Any developer of a "residential housing project" within the meaning of the ARO must: (i) set aside 10% ofthe housing units in the residential housing project ("ARO Units") as affordable units, or with the approval ofthe commissioner of the Department of Housing ("DOH") (subject to the transition provisions of Section 2-44-040(c)), in consultation with the commissioner of the Department of Planning and Development ("DPD") as appropriate; (ii) pay a fee in lieu of the development of the ARO Units (Cash Payment); or (iii) any combination of (i) and (ii); provided, however, that residential housing projects with 20 or more units must provide at least 25% of the ARO Units on-site or off-site (Required Units). If the developer elects to provide ARO Units off-site, the off-site ARO Units must be located within a two-mile radius from the residential housing project and in the same or a different higher income area or downtown district. The Property is located in a higher income area within the meaning of the ARO, and the project has a total of 208 units. As a result, the Applicant's affordable housing obligation is 21 ARO Units (10% of 208 rounded up), 10 of which are Required Units (50% of 208, rounded down). The 50%
Applicant: Broadway & Harbor, LLC
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
Required Unit obligation is due to the Tact that the residential housing project will have an FAR of 3.75, requiring 50% of ARO Units to be on-site. Applicant has agreed to satisfy its affordable housing obligation by making a cash payment to the Affordable Housing Opportunity Fund in the amount of $132,411 per ARO Unit ("Cash Payment") for a total cash payment of $ 1,324,110 for ,10 ARO Units, and providing 11 ARO Units in the rental building to be constructed in the Planned Development lo be approved by the Department of Housing in consultation with DPD as appropriate, as set forth in the Affordable Housing Profile Form attached hereto as Exhibit A. The Applicant agrees thai the ARO rental Units must be affordable to households earning no more than 60% of the Chicago Primary Metropolitan Statistical Area Median Income (AMI), as updated annually by the City of Chicago. If the Applicant subsequently reduces (or increases) the number of ARO Units in the Planned Development, the Applicant shall update and resubmit the Affordable Housing Profile Form to the Department of Housing for review and approval, and DOH may adjust the number of required ARO Units without amending the Planned Development. Prior to the issuance of any building permits for any residential building in the Planned Development, including, without limitation, excavation or foundation permits, the Applicant must make the required Cash Payment and/or execute and record an affordable housing agreement in accordance with Section 2-44-080(L). The cash payment will be recalculated at the time of payment (including partial payments for phased developments) and may be adjusted based on changes in the consumer price index in accordance with Section 2-44-080. The terms of the affordable housing agreement and any amendments thereto are incorporated herein by this reference. The Applicant acknowledges and agrees that the affordable housing agreement will be recorded against the Planned Development, or the applicable portion thereof, and will constitute a lien against such property. The Commissioner of DOH may enforce remedies for any breach of this Statement 16, including any breach of any affordable housing agreement, and enter into settlement agreements with respect to any such breach, subject to the approval of the Corporation Counsel, without amending the Planned Development.
16. The Applicant acknowledges that it is the policy ofthe City to maximize opportunities for Minority and Women-owned Business Enterprises ("M/WBEs") and city residents to compete for contracts and jobs on construction projects approved through the planned development process. To assist the City in promoting and tracking such M/WBE and city resident participation, an applicant for planned development approval shall provide information at three points in the City approval process. First, the applicant must submit to DPD, as part of its application for planned development approval, an M/WBE Participation Proposal. The M/WBE Participation Proposal must identify the Applicant's goals for participation of certified M/WBE firms in the design, engineering and construction of the project, and of city residents in the construction work. The City encourages goals of (i) 26% MBE and 6% WBE participation (measured against the total construction budget for the project or any phase thereof), and (ii) 50% city resident hiring (measured against the total construction work hours for the project or any phase thereof). The M/WBE Participation Proposal must include a description of the Applicant's
Applicant: Broadway & Harbor, LLC
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
proposed outreach plan designed lo inform M/WBEs and city residents of job and contracting opportunities. Second, at the time ofthe Applicant's submission for Part 11 permit review for ihe project or any phase thereof, the Applicant must submit to DPD (a) updates (if any) to the Applicant's preliminary outreach plan, (b) a description ofthe Applicant's outreach efforts and evidence of such outreach, including, without limitation, copies of certified letters to M/WBE contractor associations and the ward office of the alderman in which the project is located and receipts thereof; (c) responses to the Applicant's outreach efforts, and (d) updates (if any) to the Applicant's M/WBE and city resident participation goals. Third, prior to issuance of a Certificate of Occupancy for the project or any phase thereof, the Applicant must provide DPD with the actual level of M/WBE and city resident participation in the project or any phase thereof, and evidence of such participation. In addition to the forgoing, DPD may request such additional information as the department determines may be necessary or useful in evaluating the extent to which M/WBEs and city residents are informed of and utilized in planned development projects. All such information will be provided in a form acceptable to the Zoning Administrator. DPD will report the data it collects regarding projected and actual employment of M/WBEs and city residents in planned development projects twice yearly to the Chicago Plan Commission and annually to the Chicago City Council and the Mayor.
17. This Planned Development shall be governed by Section 17-13-0612 of the Zoning Ordinance. Should this Planned Development ordinance lapse, the Commissioner of the Department of Planning and Development shall initiate a Zoning Map Amendment to rezone the property to B3-3 (Community Shopping District).
Applicant: Broadway & Harbor, LLC
Address: 3460-3480 N. Broadway/645-653 W. Cornelia
Introduced: July 24, 2019
Plan Commission: January 23, 2020
Gross Site Area:
Area in the Public Right of Way
Net Site Area:
Area of Commercial Space:
Maximum Permitted FAR:
Setbacks:
Maximum Building Height: ** Minimum Parking Spaces: Bicycle Parking Spaces: Loading Spaces: Maximum Residential Units:
83,628 SF 14,558 SF 69,070 SF 13,814 SF 3.75
In accordance with Site Plan
87 feet
94
208
208 Total Units***
** Elevator Overrun at 93 feet.
***Maximum Number of Efficiency Units is 20% of total units per §17-3-0410(A) of the Chicago Zoning Ordinance.
Applicant: Broadway & Harbor LLC Address: 3460 N. Broadway Introduced: July 24, 2019 CPD Date: January 23, 2020
ARO Affordable Housing Profile Form (AHP)
Submit this form for projects that are subject to the 2015 ARO (all projects submitted to City Council after October 13, 2015). More information is online at www.cityofchicago.org/ARO .
This completed form should be returned to the Department of Housing (DOH), 121 N LaSalle Street, 10th Floor, Chicago, IL 60602. E-mail': ARO@citybfchicago.org
Date: 1/9/2020
DEVELOPMENT INFORMATION
Development Name: Optima Lakeview Development Address:3460 N Broadway
Zoning Application Number, if applicable: Ward:44
If you are working with a Planner at the City, what is his/her name? . Emily Thrun
Type of City Involvement 0 City Land 0 Planned Development (PD)
check all that apply [] Financial Assistance 0 Transit Served Location (TSL) project
0 Zoning increase
REQUIRED ATTACHMENTS: the AHP will not be reviewed until all required docs are received 0 ARO Web Form completed and attached - or submitted online on
0 ARO "Affordable Unit Details and Square Footage" worksheet completed and attached (Exce/) 0 If ARO units proposed, Dimensioned Floor Plans with affordable units highlighted are attached (pdf) 0 If ARO units proposed are off-site, required attachments are included (see next page) CD If ARO units are CHA/Authorized Agency units, signed acceptance letter is attached (pdf)
DEVELOPER INFORMATION
Developer Name Optima, Inc. Developer Contact Mark Se9al
Developer Address 630 Vemon Avenue- Suile E- Glencoe' IL 60022
Email segalm@optima.inc Developer Phone 847-835-8400
Attorney Name Ty|er Manic Attorney Phone 3-j2.345.5706
TIMING
Estimated date marketing will begin 9/1/2021 Estimated date of building permit* 7/30/2020 Estimated date ARO units will be complete 3/31 /2022
*the in-lieu fee, recorded covenant and $5,000 per unit administration fee (for off-site units) are required prior to the issuance of any building permits, including the foundation permit.
PROPOSED UNITS MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager)
Mark Segal 1/9/2020
Developer or their agent Date
C 1/15/20
JustirrTtoot or Denise Roman, DOH Date
ArroROAOLc rcquircmlntg ordinance Last updated January 11, 2019
Final for Publication
ARO Web Form
AFFORDABLE REQUIREMENTS ORDINANCE
Applicant Contact Information
Name: Mark Segal Email: segalm@optima.inc
Development Information
Address Printed Date: 01/15/2020
Number From: 3450 Number To: 3480 Direction: N
Street Name: Broadway Postal Code: 60657
Development Name
Optima Lakeview
Are you rezoning to downtown?: No
Is your project subject to the ARO Pilots?: 2015 ARO REQUIREMENTS APPLY
Information
Ward: 44 ARO Zone: Higher Income
Details
ARO trigger: ZP Total units 208 Development type: Rent
TSL project: 3.75 FAR (50% ARO on-site requirement) Date submitted: 01/15/2020
Requirements
Affordable units: 21 'On-site aff. Units: 10
How do you intend to meet your required obiligation
On-Site: 11 Off-Site: 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units: 11 In-Lieu Fee Owed: 1,324,110
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