JOSEPH A. MOORE
Alderman, 49th Ward 7356 North Greenview Avenue Chicago, Illinois 60626 telephone 773-338-5796
CITY COUNCIL
CITY OF CHICAGO COUNCIL CHAMBER
City Hall, Room 300 121 North LaSalle Street Chicago. Illinois 60602 Telephone 312-744-3067
COMMITTEE MEMBERSHIPS
SPECIAL EVENTS, CULTURAL AFFAIRS AND RECREATION
Chairman
Budget and Government Operations
Committees, Rules and Ethics
Finance
Health and Environmental Protection
Human Relations
September 10, 2014
To the President and Members of the City Council:
Your Committee on Special Events Cultural Affairs and Recreation, for which a meeting was held on September 9, 2014, having had under consideration the reappointment introduced by Mayor Rahm Emanuel on July 30, 2014, this being the expenditure of open space impact fee funds for acquisition and construction of a 43rd Street bridge, begs leave to recommend that Your Honorable Body Approve said ordinance transmitted herewith.
This recommendation was concurred in by a via voce vote of all committee members present with no dissenting votes.
Respectfully submitted,
Joseph A. Moore, Chairman Committee on Special Events, Cultural Affairs and Recreation
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL MAYOR
July 30, 2014
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 ordinances authorizing the expenditure of Open Space Impact Fee Funds.
Your favorable consideration ofthese ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) of the Constitution of the State of Illinois, 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 ofthe 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 ofthe 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 of the overall development (the "Fee-Paying Developments"); and
WHEREAS, pursuant to the Open Space Ordinance, the 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 ofthe Fee-Paying Developments is located and from which the Open Space Fees were collected; and
WHEREAS, the Department of Planning and Development ("DPD") has determined that the Fee-Paying Development built in the Community Areas listed on Exhibit A attached hereto have deepened the already significant deficit of open space in the Community Areas, 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 pursuant to an ordinance published at pages 69309-69311 of the Journal of the Proceedings of the City Council (the "Journal") of the same date; and
WHEREAS, the City of Chicago Department of Transportation ("CDOT") is replacing the 43rd street pedestrian bridge over Lake Shore Drive and desires to acquire an adjacent parcel of land in order to create an access park to the pedestrian bridge (the "Project") described on Exhibit A; and
WHEREAS, the DPD desires to reimburse CDOT from proceeds ofthe Open Space Fees from the Kenwood and Oakland Community Areas, in the amounts described on Exhibit A, for property acquisition costs and capital improvements relating to the Project; and
WHEREAS, the Open Space Ordinance requires that the Open Space Fees be used for open space acquisition and capital improvements, which provide a direct and material benefit to the new development from which the fees are collected; and
EXHIBIT A DESCRIPTION OF PROJECT
43rd Street Pedestrian Bridge Access Park
Address: Commonly known as 1163 East 43rd Street (the
"Property")
Community Areas: Kenwood - 39; Oakland - 36
Description of Project: Property Acquisition and development of 43rd Street
Pedestrian Bridge Access Park to be undertaken by CDOT for purposes of providing open space and recreational facilities to the public
Amount of Open Space Fees: $173,281 total (to be provided as such: $109,688
from the Kenwood Community Area Open Space Fees Fund and $63,593 from the Oakland Community Area Open Space Fees Fund)
Street Pedestrian Bridge Access Park\43rd Street Pedestrian Bridge Access Park OSIF v2.docx
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
WHEREAS, DPD has determined that the use of the Open Space provides a direct and material benefit to each ofthe Fee-Paying Developments from which the Open Space Fees were collected in that the Project will not be completed but for the use ofthe Open Space Fees; and
WHEREAS, DPD has determined that Open Space Fees to be used for the purposes set forth herein have 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 set forth herein and on Exhibit A through this ordinance; and
WHEREAS, DPD has recommended that the City Council ,make a finding that the expenditure of the 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, as proposed on Exhibit A, 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 for the purposes described herein.
SECTION 3. Open Space Fees in the amount not to exceed $173,281 ($109, 688 from the Kenwood Community Area and $63,593 from the Oakland Community Area) are hereby appropriated for the Project.
SECTION 4. The Commissioner or a designee of the Commissioner is each hereby
authorized, to negotiate, execute and deliver such documents .as may be necessary or
appropriate to implement the provisions of this ordinance, subject to the approval of the
Corporation Counsel. Such documents may contain terms .and < "provisions that the
Commissioner deems appropriate. ■ J
SECTION 5. 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 6. This ordinance shall be in full force and effect from and after the date of its passage and approval.
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