ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICA GO:
SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the Residential-Business Planned Development No. 1384 District symbols and indications as shown on Map No. 1-G in the area bounded by
West Lake Street; North Ada Street; a line 271.27 feet south of and parallel to West Lake Street; the alley next west of and parallel to North Ada Street; the alley south of and parallel to West Lake Street; and a line 161.02 feet west of and parallel to north Ada Street,
to those of a Residential-Business Planned Development No. 1384, as Amended which is hereby established in the area above described, subject to such use and bulk regulations as are set forth in the Plan of Development herewith attached and made a part thereto and to no others.
SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication.
158-184 North Ada Street and 1353-1367 West Lake Street
RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO. 1384, AS AMENDED PLAN OF DEVELOPMENT STATEMENTS
The area delineated herein as Residential-Business Planned Development No. 1384, as amended ("Planned Development"), consists of approximately forty-one thousand Jive hundred ninety-six square feet (41,596 SF) of real property (the "Subject Property"), as shown, which is depicted on the attached Planned Development Boundary and Property Line Map. The Applicant - Marquette Management Inc., an Illinois privately held business corporation , has filed this application on its own behalf and upon its own volition.
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, shall inure to the benefit of the 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 Subject 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 of the Chicago 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 of the 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
Final far Pubiica
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.
This Plan of Development consists of seventeen (17) Statements: a Bulk Regulations and Data Table; an Existing Zoning Map; an Existing Land-Use Map; a Planned Development Boundary and Property Line Map; a Site Plan; Floor Plans (for the proposed ground-floor restaurant/tavern); and Building Elevations, all of which were prepared by Brininstool + Lynch Ltd. and which are submitted and referenced herein -accordingly.
In any instance where a provision of this 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 tenets of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control.
Within the area delineated herein as Residential-Business Planned Development, as amended, the following uses shall be permitted: dwelling units above the ground floor; office; retail sales; general food and beverage retail sales; eating and drinking establishments (including tavern); outdoor patio (grade level); personal services, non-accessory parking (up to forty-five percent, pursuant to Section 17-10-0503), incidental and accessory uses, and accessory off-street parking and loading.
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 (DPD). Off-premise signs are prohibited within the boundary of the Planned Development.
For purposes of height calculations and measurements, the definitions in the Zoning Ordinance shall apply. The height of any building shall also be subject to height limitations established by the Federal Aviation Administration (FAA).
8. The maximum permitted floor area ratio (FAR), for the Property, shall be in accordance with the attached Bulk Regulations and Data Tabic. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The maximum permitted floor area ratio (FAR) identified in the Bulk Regulations Table has been determined using a Net Site Area of 41,596 square feet and a base FAR of 5.0.
The Applicant acknowledges that the project has received a bonus FAR of 1.2, pursuant to Section 17-4-1000, et seq., ofthe Zoning Ordinance. With this bonus FAR, the total FAR for the Planned Development is 62- In exchange for the bonus FAR, the Applicant is required to make a corresponding payment, pursuant to Section 17-4-1003-B and Section 17-4-1003-C, prior to the issuance ofthe first building permit for any building in the Planned Development; provided, however, if the Planned Development is constructed in phases, the bonus payment may be paid on a pro rata basis as the first building permit for each subsequent new building or phase of construction is issued. The bonus payment will be recalculated at the time of payment (including partial payments for phased developments) and may be adjusted based on changes in median, land values in accordance with Section 17-4-1003-C.3
The bonus payment will be split between three separate funds, as follows: 80% to the Neighborhood Opportunity Fund, 10% to the Cilywide Adopt-a-Landmark Fund and 10% to the Local Impact Fund. In lieu of paying the City directly, the Department may: (a) direct developers to deposit a portion of the funds with a sister agency to finance specific local improvement projects; (b) direct developers to deposit a portion ofthe funds with a landmark property owner to finance specific landmark restoration projects; or, (c) approve proposals for in-kind improvements to satisfy the Local Impact portion of the payment.
Pursuant to the original Residential-Business Planned Development No. 1384 (dated September 6, 2017), the Applicant was to contribute the Local Impact portion of the bonus payment for construction of fieldhouse, located at Skinner Park ("the Project"). The Project is located within a one-mile radius of the Planned Development site, as required by Section 17-4-1005-C.
On or about April 30, 2018, the City's then Zoning Administrator granted Administrative Relief, which would allow for the Applicant to make a change to the local improvements specified in the original Planned Development No. 1384 Ordinance. Pursuant to this Administrative Adjustment, the Applicant was allowed to contribute the Local Impact portion ($115,802.80) of the bonus payment to be divided among the West Loop Library ($50,000.00) and the Skinner Park Fieldhouse ($65,802.80). The Applicant made such payments prior to the issuance ofthe first building permit for the Planned Development or applicable phase thereof. In consideration of the same, the City must enter into an intergovernmental agreement regarding the manner in which the funds will be used.
Upon review and determination, and pursuant to. section .J7-J3-0610 of the Zoning Ordinance, Part II Review shall be assessed a fee, by the Department of Planning and Development (DPD). The fee, as determined by Staff at the time of submission, is final and binding on the Applicant and must be paid to the Chicago 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 corresponding regulations and guidelines, including Section 17-13-0880 ofthe Zoning Ordinance. Final landscape plan review and approval will be by the Department of Planning and Development (DPD). Any interim reviews associated with Site plan review or Part II Reviews, are conditional until final Part II Approval.
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, or any other provision ofthe Municipal Code of Chicago.
The 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 written application for such modification, by the Applicant, its successors and assigns and, if different than the Applicant, the legal titleholders and any ground lessors.
Pursuant to a negotiated agreement with the City's Department of Planning and Development (DPD), the Applicant agrees to work on certain design revisions to the existing building, within the Planned Development, which would allow for the future review and approval of a mural to be erected and/or otherwise added to the west facade/elevation of the existing building. Final review and approval of any proposed modifications to the west facade of the existing building will be by the Department of Planning and Development.(DPD).
The Applicant acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Subject Property. Plans for all buildings and improvements, within the Planned Development Boundary, shall be reviewed and approved by the Mayor's Office for People with Disabilities (MOPD), to ensure compliance with all applicable laws and regulations related to 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
Final for Pubiicati
initiated for each improvement that is subject to 4hc-aforementioned Policy and must provide documentation verifying compliance.
The Applicant acknowledges and agrees that the rezoning of the Property from a CI-3 Neighborhood Commercial District to a DX-5 Downtown Mixed-Use District and then to this Residential-Business Planned Development, as amended, for construction of the Planned Development, triggers the requirements of Section 2-45-115 ofthe Municipal Code (the "Affordable Requirements Ordinance" or the "ARO"). At the time of the submission and introduction of the underlying Planned Development application, any developer of a residential housing project, within the meaning ofthe ARO, must: (i) set aside ten percent (10%) of the housing units in the residential housing project (Required Units) as affordable units, or with the approval of the Commissioner ofthe Department of Planning and Development (DPD), provide the Required Units in an approved off-site location; (ii) pay a fee in lieu of the development of the Required Units; or (iii) any combination of (i) and (ii); provided, however, that residential housing projects with 20 or more units must provide at least twenty-five percent (25%) of the Required Units on-site or off-site. If the developer elects to provide affordable units off-site, the off-site affordable units must be located within a two-mile radius of the residential housing project and in the same or a different higher income area or downtown district. The Subject Property is located in a downtown district, within the meaning of the ARO, and the project has a total of 263 units. As a result, the Applicant's affordable housing obligation is twenty-six (26) affordable units, seven (7) of which are Required Units.
Applicant agreed to satisfy its affordable housing obligation by providing twenty-six (26) affordable units in the rental building to be constructed in the Planned Development, as set forth in the corresponding Affordable Housing Profile Form. The Applicant agrees that the affordable units must be affordable to households earning no more than sixty percent (60%) of the Chicago Primary Metropolitan Statistical Area Median Income (AMI), as updated annually by City of Chicago, If the Applicant subsequently reduces (or increases) the number of housing units in the Planned Development or elects to build a for-sale project instead, the Applicant shall update and resubmit the Affordable Housing Profile Form to DPD for review and approval. DPD may adjust the requirements and number of required affordable units without amending the Planned Development. Prior to issuance of any building permits for any residential building, within the Planned Development, including without limitation excavation and/or foundation permits, the Applicant must execute and record an affordable housing agreement in accordance with Section 2-45-115(L). 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 applicable portion thereof, and will constitute a lien against such property. The Commissioner of DPD may enforce remedies for any breach of this Statement 15, including any breach of any affordable housing agreement, or enter into
settlement agreements with respect to any such breach, subject to. the approval ofthe Corporation Counsel, without amending the Planned Development.
The Applicant acknowledges that it is the policy of the 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 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 proposed outreach plan designed to inform M/WBEs and city residents of job and contracting opportunities. Second, at the time of the Applicant's submission for Part II permit review for the 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 of the 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.
This Planned Development shall be governed by Section 17-13-0612. 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 that ofthe original Residential-Business Planned Development No. 1384 (dated September 6, 2017).
RESIDENTIAL-BUSINESS PLANNED DEVELOlWENTlVUrT3$tt%S^MENDED BULK REGULATIONS AND DATA TABLE
Common Address:
Gross Site Area:
Area in Public Right-Of-Way:
Net Site Area:
Maximum Floor Area Ratio: Maximum Number of Dwelling Units: Minimum Vehicular Off-Street Parking: Minimum Bicycle Parking: Minimum Off-Street Loading: Setbacks from Property Line:
Maximum Building Height:
180 North Ada Street
61,219 square feet
19,623 square feet
41,596 square feet (0.56 acres)
6.2 FAR
263 dwelling units 128 spaces 134 spaces
1 space (10 feet by 25 feet)
In substantial compliance with the attached Site Plan/Survey.
162 feet-5 inches
fmm tor Publication
2015 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: Kara Breems, Department of Planning & Development (DPD), 121 N. LaSalle Street, Chicago, IL 60602. E-mail: kara.breems@cityofchicago.org
Date: 8/7/17
DEVELOPMENT INFORMATION
Development Name: Fulton House Development Address: 158-184 North Ada
Zoning Application Number, if applicable: Ward: 27th
If you are working with a Planner at the City, what is his/her name?
Type of City Involvement D Citv Land 0 Planned Development (PD)
check all that apply Q Financial Assistance r~j Transjt Served Location (TSL) project
| | Zoning increase REQUIRED ATTACHMENTS: the AHP will not be reviewed until all required docs are received | [ARO Web Form completed and attached - or submitted online on
ARO "Affordable Unit Details and Square Footage" worksheet completed and attached (Excel) If ARO units proposed, Dimensioned Floor Plans with affordable units highlighted are attached (pdf) | [ If ARO units proposed are off-site, required attachments are included (see next page) | | If ARO units are CHA/Authorized Agency units, signed acceptance letter is attached (pdf)
DEVELOPER INFORMATION
Developer Phone630-263-8007 Attorney Phone 312-388-7243
Developer Name Marquette Companies Developer Contact Darren Sloniger Developer Address 135 Water Street Naperville, IL 6054C Email darren@marqnet.com Attorney Name Rich Kiawiter
TIMING
Estimated, date marketing will begin January 1, 2019 Estimated date of building permit* December 1, 2017 Estimated date ARO units will be complete April 1, 2019
•note that the in-Jteu fee and recorded covenant are required prior to the issuance of any building permits, including the foundation permf-'
MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager)
Kara Breems
Date 8/7/17
Developer/Project Manager
Final ft
ARO Web Form
Development Information
Submitted Date: 08/07/2017
Address Number From :158 Address Number To: 184 Street Direction: N
Postal Code: 60607
Development Name, if applicable
Fulton House
Information
ARO Zone: Higher Income
Details
Type of city involvement :Zoning change Total Number of units in development: 263 Type of development: Rent Is this a Transit Served Location Project: N
Requirements
Required affordable units :26 Required *On-site aff. Units: 7 How do you intend to meet your required obiligation On-Site:26 Off-Site: 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units Committed: 26 Remaining In-Lieu Fee Owed: 0
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Introduced: July 24, 2019 BRININSTOOL
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Applicant: Marquette Management Inc.
Address: 1S8 - 184 NorthAda Street/ 1353 - 1307 Wost Lake Street
Introduced July 24, 2019
Plan Commission: February 21, 2020
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Address: 1S8 - 184 North Ada Street/ 1353- 130/ West Lake Street
Introduced- July 24, 2019 BRININSTOOL
Plan Commission: February 21, 2020 -f- LYNCH
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Introduced: July 24, 2019 BRININSTOOL
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Address: 15S- let North Ada Street/ 1353- 1367 West Lake Stroot
Introduced July 24, 2019 BRININSTOOL
Plan Commission- February 21, 2020 -|- LYNCH
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LANDSCAPE NOTES:
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Address: 158 ¦ 18<1 North Ada Street/ 13b3 - 1367 West Lai-.e Street
Introduced. July 24, 2019
Plan Commission- February 21, 2020
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Introduced July 24, 2019 BRININSTOOL
Plan Commission: February 21, 2020 -|- LYNCH
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Introduced July 24, 2019 BRININSTOOL
Plan Commission February 21, 2020 -\- LYNCH
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Introduced: July 24, 2019 BRININSTOOL
Plan Commission: February 21, 2020 -f- LYNCH
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AddreSS' 158 ¦ ia-1 No.-th Ada Street/ 13S>3 - 1367 West Lake Sliest
Introduced. July 24, 2019 BRININSTOOL
Plan Commission: February 21, 2020 -\- LYNCH
\2 © Bnninstool + Lynch, Ltd
Date: February 21, 2020
Re: Proposed Amendment to Planned Development #1384 for the property generally located at 180 North Ada Street
On February 21, 2020, the Chicago Plan Commission recommended approval of the proposed amendment to planned development #1384 submitted by, Marquette Management LLC. A copy of the proposed amendment to the planned development is attached. I would very much appreciate your assistance in having this introduced at the next possible City Council Committee on Zoning.
Also enclosed is a copy of the staff report to the Plan Commission which includes the Department of Planning and Development, Bureau of Zoning and Land Use recommendation and a copy of the resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-9476.
Cc: Steve Valenziano
PD Master File (Original PD, copy of memo)
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121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602