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Record #: O2019-6905   
Type: Ordinance Status: Passed
Intro date: 9/18/2019 Current Controlling Legislative Body: Committee on Committees and Rules
Final action: 12/18/2019
Title: Correction of City Council Journal of Proceedings of June 12, 2019
Sponsors: Nugent, Samantha
Topic: JOURNAL CORRECTIONS - Year 2019
Attachments: 1. O2019-6905.pdf
JOURNAL CORRECTION

WHEREAS, On June 12, 2019, the City Council of the City of Chicago passed an ordinance amending Business Planned Development Number 29 for the property located at 5033 North Elston Avenue, which was introduced on March 13, 2019 as Application No. 19982 / Document No. 02019-1385; and

WHEREAS, It was discovered that an error was made in the publication of said ordinance, which appears on pages 1940 through 1950 of said Journal of Proceedings; and
WHEREAS, It is necessary and advisable to correct said errors; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1. The ordinance to amend Business Planned Development Number 29 is hereby amended by replacing it in its entirety with the ordinance attached hereto as Exhibit A.

Alderman, 39th Ward
SECTION 2. This ordinance shall be in force and effect upon passage and approval.









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Exhibit A
Including:
Ordinance, PD Statements, Bulk Regulations & Data Table, and Exhibits marked "Final forPublicatio
(16 pages)


ORDINANCE

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 Business Planned Development Number 29 symbols and indications shown on Map Number 13-K in the area bounded by:

West Foster Avenue; the east line of North Keating Avenue; the northwest line of West Winnemac Avenue; a line 628.89 feet south of West Foster Avenue; the west line ofthe right of way of the Chicago and Northwestern Railroad; a line 10 feet west of the east line of the Edens Expressway; North Elston Avenue; a line 25 feet northwest of West Winnemac Avenue; and the cast line of the Edens Expressway,

to those of Business Planned Development Number 29, as amended, which is hereby established in the area described above subject to such use and bulk regulations as are set forth in the Plan of Development attached hereto and to no others.
SECTION 2: This ordinance shall be in force and effect from and after its passage and due publication.










ADDRESS: 5033 North Elston, Chicago, Illinois
















i:aS'IM627I6200.I

BUSINESS PLANNED DEVELOPMENT NO. 29, AS AMENDED
PLAN OF DEVELOPMENT STATEMENTS


1. The area delineated herein as Business Planned Development Number 29, as amended (the
"Planned Development"), consists of approximately 341,810 square feet of net site area (the
"Property"), together with certain portions of existing adjacent rights of way, as depicted on the
attached Planned Development Boundary ond Property Line Map. The Planned Development is
divided into Subareas (each, a "Subarea," and collectively, the "Subareas") as indicated on the
attached Subarea Map. GBF Elston LLC is the owner of all property within Subarea I and, for
purposes of this amendment to the Planned Development, is the "Applicant."
2. 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.
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 die 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 ofthe 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 ofthe Department of Transportation.
All work proposed in the public way must be designed and constructed in accordance with the Department of Transportation Construction Standards for Work in the Public Way and in compliance with the Municipal Code of Chicago. Prior to the issuance of any Part II approval, the submitted plans must be approved by the Department of Transportation.
This Planned Development consists of these fifteen (15) statements and a Bulk Regulations Table; an Existing Zoning Map, a Sub-Area 1 Site Plan (2 pages), Sub-area 1 Landscape Plan, Sub-Area I Landscape Plan Details, Building Elevations (4 pages) prepared by Camburas & Theodore, Ltd. and dated March 13, 2019, submitted herein. 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 ofthe Chicago Zoning Ordinance, and all requirements thereto, and satisfies the established criteriu for approval as a Planned Development. In
Applicant:
Address:
Introduced:
Plan Commission'
GBF Elston, LLC 5033 North Elston March 13, 2019 TBD
EASTU 62716693.2

ion
Publicat
case of a conflict between the terms of this Planned Development Ordinance and the Chicago Zoning Ordinance, this Planned Development shall control.'
The following uses shall be permitted within the area delineated herein as Business Planned
Development: General merchandise uses; banks, financial institutions and restaurants, drive-through facilities, retail, office, and service type business and professional uses; tire, battery and auto-mobile accessory facilities (herein defined as facilities engaged in the repair, maintenance, installation and sale of tires, batteries, mufflers and shock absorbers, and in vehicular tune-ups, oil changes and lubrication, brake work, and front end alignment and alignment component replacement provided that said activity takes place in an enclosed building); such other uses permitted by B3-I General Service Districts (except for amusement establishments, second-hand stores and rummage shops, pawn shops, crematories and mausoleums, taverns and sale of automobile fuel); parking, loading, ingress and egress and uses accessory to the aforesaid uses.
Stationary business or identification signs are permitted within the area delineated herein as Business
Planned Development. Not more than two (2) business identification pylon signs shall be permitted in Sub-area I, and the face area of such pylon signs may equal but shall not exceed a combined total of 1400 gross square feet, provided that the face area of any such individual pylon sign may not exceed 700 gross square feet. In the event of a conflict between the provisions of Section 8.9-3 and Section 8.9(6) as to permitted wall signs in Sub-area I, the provisions of Section 8.9-3 shall govern. Other signs may be permitted within the area delineated herein as Business Planned Development, subject lo the review of the Department of Planning.
For purposes of height measurement, the definitions in the Chicago Zoning Ordinance shall apply. The height of any building or improvement shall also be subject to height limitations 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 and Data Table. For the purpose of PAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted FAR identified in the Bulk Regulations and Data Table has been determined using a net site area of 341,810 square feet and a base FAR of 0.58.
Upon review and determination, Part ]1 Review, pursuant to Section 17-13-0610, 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.
I I. 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 of the Municipal Code

Applicant: GBF Elston, LLC
Address: 5033 North Elston
Introduced: March 13,2019
Plan Commission: TBD
F.ASTU62716693.2

Publicat
The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant to Section 17-13-0611-A, 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 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 Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor's Office for People with Disabilities 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 mvironments, 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 .11 review process is initiated for each improvement that is subject to the aforementioned Policy and must provide documentation verifying compliance.
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 trackingsuch 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 ofthe 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

Applicant: GBF Elston, LLC
Address: 5033 North Elston
Introduced: March 13, 2019
Plan Commission: TBD
F.ASTU62716693.2

city residents are informed of and utilized in planned development projects. All siicn inform 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.
Applicant:
Address:
Introduced:
Plan Commission:
EASTM 62716693.2
GBF Elston, LLC 5033 North Elston March 13,2019 TBD

Final for Public


BUSINESS PLANNED DEVELOPMENT NO. 29, AS AMENDED PLANNED DEVELOPMENT USE, BULK REGULATIONS & DATA

SUB-AREA Net Site Area Sq. Ft. Acres F.A.R. % of Land Coverage Min.No. of Off-Street Parking Spaces Loading Spaces
I 263,098 6.04 0.37 37 217 3
II 78,712 1.81 1.4 30 In accordance with the B3-1 requirements of the Chicago Zoning Ordinance
Total 341,810 7.85 .58 36

GROSS SITE AREA = Net Site Area + Area in Public Right of Way
GROSS SITE AREA = 7.85 acres + 2.69 acres = 10.54 acres
PERIPHERY SETBACKS AT PROPERTY LINES:
North - 5'
South - 5'
East- 5'
West- 5'
Applicant:
Address:
Introduced:
Plan Commission:
HAS 6271669.3.2
GBF Olston, LLC 5033 North Elston March 13,2019 TBD



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