FINAL FOR PUBLICATION
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION I. That the Chicago Zoning Ordinance be amended by changing all of the M3-3 Heavy Industry District symbols and indications as shown on Map 3-G in the area bounded by:
North Elston Avenue; West Blackhawk Street; the North Branch of the Chicago River; and a line 530.06 feet south of and parallel to West Blackhawk, as measured along North Elston Avenue
to the C3-3 Commercial, Manufacturing and Employment District.
SECTION 2. That the Chicago Zoning Ordinance be amended by changing all of the C3-3 Commercial, Manufacturing and Employment District symbols and indications as shown on Map 3-G in the area bounded by:
North Elston Avenue; West Blackhawk Street; the North Branch of the Chicago River; and a line 530.06 feet south of and parallel to West Blackhawk, as measured along North Elston Avenue
those of a Waterway-Business Planned Development 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 thereof and to no others.
SECTION 3. This Ordinance shall be in force and effect from and after its passage and due publication.
Address: 1357 N Elston. Chicago, IL
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WATERWAY-BUSINESS PLANNED DEVELOPMENT NO.
PLANNED DEVELOPM ENT STATEM ENTS
The area delineated herein as Planned Development Number , ("Planned Development") consists
of approximately 176,105 square feet ol" property which is depicted on (he attached Planned Development Boundary and Property Line Map (the "Property"). 1357 Property Owner, LLC is the owner of the Property and the "Applicant" for this Planned Development.
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 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 "Zoning Ordinance"), the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development, shall be under single ownership or designated control. Single designated control is defined in Section 17-8-0400
. of the 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 Chicago Department of Transportation ("CDOT") 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 Plans (defined below).
Ingress or egress shall be pursuant to the Plans and may be subject to the review and approval of the Department of Planning and Development ("DPD") and CDOT. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval of CDOT.
All work proposed in the public way must be designed and constructed in accordance with CDOT Standards for Work in the Public Way and in compliance with the Municipal Code of the City of Chicago. Prior to the issuance of any Part II approval, the submitted plans must be approved by CDOT.
Pursuant to a negotiated and executed Perimeter Restoration Agreement ("Agreement") by and between the City's 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 CDOT's Division of Infrastructure Management:
Full width of streets
Full width of alleys
Curb and gutter
Pavement markings
Sidewalks
ADA crosswalk ramps
Applicant: 1357 Property Owner, LLC
Address: 1357 N Elston, Chicago, IL
Introduced: October 16. 2019
Plan Commission: January 21, 2021
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• Parkway & landscaping
The Perimeter Restoration Agreement must be executed prior lo any CDOT 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 CDO T 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 CDOT 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 CDOT.
Prior to the Issuance of a license for any of the permitted uses within this planned development, the Applicant shall submit an updated Traffic Impact Study (T1S) for this project for review and approval by the Chicago Department of Transportation (CDOT). The updated TIS shall identify and analyze any off-site parking lots that will serve the Planned Development and shall include traffic signal and arrow warrant analyses and recommendations for infrastructure improvements to increase pedestrian and bicyclist safety and reduce congestion generated by the site. If the updated TIS identifies infrastructure upgrades or improvements that are warranted by and attributed to the project, the Applicant shall fund, design and install such upgrades and improvements to CDOT standards prior to issuance of Certificate of Occupancy. An updated TIS shall be submitted to CDOT for review and approval at any point in the future should parking arrangements change or a new lot be identified to serve the Planned Development.
Prior to the Issuance of a license for Special Events or use as a Banquet or Meeting Hall, the Applicant also shall submit a Traffic Management Plan (TMP) with detailed drop-off/pick-up operations and staging plan including geofencing strategies to manage operations for this project for review and approval by the Chicago Department of Transportation(CDOT) and as submitted to the Department of Planning and Development (DPD) and the Department of Business Affairs and Consumer Protection for awareness. The Applicant or its assignees shall provide Traffic Management Aides in compliance with the approved TMP for any events with capacity over 1,000.
Prior to Part II Approval, the Applicant shall submit detailed pavement marking and signage plans to CDOT's Plan Review Committee for review and approval. The Applicant will be responsible for installing all proposed pavement marking and signage changes as shown on the approved pavement marking and signage plan.
Pursuant to the Traffic Impact Study (TIS) for this Planned Development as approved by the Chicago Department of Transportation(CDOT) and as submitted to the Department of Planning and Development (DPD) and the Department of Business Affairs and Consumer Protection for awareness and that no license approvals can be issued related to the permitted uses contained within this planned development until the parking requirements arc satisfied and the TIS is deemed acceptable by CDOT the following improvements will be implemented at the Applicant's expense prior to Certificate of Occupancy. The final TIS for this Planned Development must be reviewed and approved by 1DOT prior to implementation of the following improvements:
- Reconstruction and resurfacing of W. Blackhawk St. from N. Elston Ave. to the River to CDOT standards, including a publicly accessible connection from the end of'Blackhawk to the river trail
Applicant: 1 357 Property Owner, LLC
Address: 1357 N Elston, Chicago, IL
Introduced: October 16. 2019
Plan Commission: January 21, 2021
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Installation of a new traffic signal at W. North Ave. and N. Magnolia Ave. and addition of a westbound left turn lane on W. North Ave. at N. Magnolia Ave. Concurrence from I DOT is required because W. North Ave. is an IDOT route.
Installation of a new traffic signal at Elston/Blackhawk/Magnolia.
Addition of an eastbound left-turn arrow on W. Division St. at N. Elston Ave.
Addition of pedestrian countdown timers at W. Division St. and N. Elston Ave.
Enhanced treatment of the protected bike lane on Elston Avenue where it crosses the two access driveways that connect to the on-site parking lot, including additional signage and replacement and/or repair of existing raised curb buffers
Installation of ADA-compliant ramps on all corners at Elston/Blackhawk/Magnolia
This Planned Development consists of these 19 Statements; a Bulk Regulations and Data Table and the following exhibits and plans attached hereto prepared by the Lamar Johnson Collaborative and dated January 21, 2021 (the "Plans"): an Existing Land Use Map; a PD Boundary; an Existing Zoning Map; a Site Plan; a Landscape Plan and Details (5 pages); and Exterior Elevations (5 pages). 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 thereof, 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 arc permitted in the area delineated herein as a Business Planned Development: Animal Services; Artist Work or Sales Space; Business Support Services; Communication Service Establishments; Eating and Drinking Establishments (all, including Outdoor Patios at, and above grade); Indoor Special Event; Venue (all); Banquet or Meeting Halls; Financial Services (excluding Pawn Shop and Payday/Title Secured Loan Store); Food and Beverage Retail Sales; Medical Service; Office; Personal Service; General Retail Sales; Indoor and Outdoor Participant Sports and Recreation; Artisan, Limited and General Manufacturing, Production and Industrial Service; accessory parking and incidental and accessory 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 DPD. Off-Premise signs arc prohibited within the boundary of the Planned Development. For purposes of this Planned Development, any sign which identifies the name of a sponsor of any product, service, structure, feature, area, space or event within the Property shall be deemed an on-premises sign.
Notwithstanding the foregoing or any provision of the Zoning Ordinance, it is hereby acknowledged that the Property is improved with an existing non-conforming on-premise sign that is 15,647 square feet and painted on the west slope of the roof. On June 4, 2020, the Permit Review Committee of the Commission on Chicago Landmarks approved the proposed rehabilitation with a condition that the painted sign on the west slope of the roof will be replicated in its entirety and specifications for this shall be provided with permit application for review and approval by Historic Preservation staff. Subject to the approval of the Commission on Chicago Landmarks, the sign may remain notwithstanding any future change in status to a non-conforming sign and the area of such sign shall be excluded for purposes of calculating the total sign area permitted on the Property. Any replacement sign or additional proposed signage or exterior lighting shall be subject to Historic Preservation staff review and approval.
Applicant: 1357 Property Owner, LLC
Address: 1357 N Elston, Chicago. IL
Introduced: October 16, 2019
Plan Commission: January 21, 2021
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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 and Data Table. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted overall FAR identified in the Bulk Regulations "fable has been determined using a Net Site Area of 176,105 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 DPD. 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 11 approval.
The Plans are hereby approved in their entirety and no further approvals shall be required under this Planned Development or the Zoning Ordinance for the improvements undertaken in accordance with the Plans, other than Part II Approval (per Section 17-13-0610 of the Zoning Ordinance).
The Site and Landscape Plans shall be in substantial conformance with the Landscape Ordinance and any other corresponding regulations and guidelines. Final landscape plan review and approval will be by 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 13-32-125 of the Municipal Code, or any other provision of that Code.
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 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 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 lo the aforementioned Policy and must provide documentation verifying compliance.
Applicant: I 357 Properly Owner, LLC
Address: 1357 N Elston, Chicago, IL
Introduced: October 16, 2019
Plan Commission- January 21. 2021
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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 (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 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 lo 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.
Pursuant to the Chicago Zoning Ordinance (Section 17-8-0911) a PD gives priority to the preservation and adaptive reuse of Chicago Landmark buildings. The PD includes the Morton Salt Company Warehouse Complex, which has been preliminarily designated as a Chicago Landmark. Work to designated Chicago Landmarks is subject to the review and approval of the Commission on Chicago Landmarks pursuant to the Chicago Landmarks Ordinance, Section 2-120-740.
The Applicant acknowledges that the Property is located in the North Branch Industrial Corridor Conversion Area and has undergone a "rezoning" within the meaning of Chapter 16-8 of the Municipal Code (the "Industrial Corridor System Fund Ordinance"). As a result of this rezoning, the Planned Development is subject to the conversion fee provisions of the Industrial Corridor System Fund Ordinance. The purpose of the conversion fee is to mitigate the loss of industrial land and facilities in conversion areas by generating funds for investment in receiving industrial corridors in order to preserve and enhance the city's industrial base, support new and expanding industrial uses, and ensure a stable future for manufacturing and industrial employment in Chicago. The Applicant is required to pay the conversion fee in full prior to the issuance of the first building permit for any building in the Planned Development; provided, however, if the Planned Development is constructed in phases, the conversion fee 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 amount of the conversion fee due prior to the issuance of a building permit
Applicant: 1357 Property Owner, LLC
Address: 1357 N Elston, Chicago. IL
Introduced: October 16, 2019
Plan Commission: January 21, 2021
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shall be calculated based on the fee rate in effect at the time of payment. The Applicant shall record a nonce against the Property to ensure that the requirements of the Industrial Corridor System Fund Ordinance are enforced in accordance with Section 16-8-100.
Notwithstanding the foregoing, a currently pending ordinance would allow for the waiver of the conversion fee for character buildings that are designated as official Chicago Landmarks. On October 7, 2020 the Applicant consented in writing to the designation of the Properly as an official Chicago Landmark. Therefore, if the pending ordinance is approved, the conversion fee provided for in this Statement 17 shall be waived.
The Applicant acknowledges the importance of the Chicago River as a resource for both commerce and recreation and also acknowledges the City's goals of improving the appearance, quality and accessibility of the river, as contained in the waterway planned development guidelines contain in the Chicago Zoning Ordinance (Section 17-8-0912) and the Chicago River Design Guidelines. The Applicant also acknowledges the desirability to include wildlife habitat and other natural features in or near the water's edge. To further these goals, the Applicant agrees to: (a) provide and maintain a minimum 30-foot-wide river setback and continuous riverside trail with landscaping that includes primarily native, river-edge species as indicated on the Site Plan, Public and Common Open Space Plan and Landscape Plan; (b) permit connection of such setback and trail to the setback and trails of adjacent properties when the river edges of the adjacent properties are similarly improved; and (c) participate and cooperate with the City of Chicago and civic and community-based organizations to permit future installation of river habitat features within the required setback and/or as attachments to the existing seawall with any necessary local, state, or federal approvals. The Applicant shall permit un-gated public access to the river setback and provide informational and wayfinding signage following the Chicago River Brand and Sign Guidelines at all entries to the riverwalk that the riverwalk is open to the public, free of charge, during normal park hours from 6:00 a.m. to 11 p.m. The Applicant shall provide the menu of improvement items identified on the Landscape Plan with supporting documentation necessary to meet the requirements of the Chicago River Design Guidelines, in effect at the time the Part II review process. All improvements within the river setback must substantially be completed prior to receipt of Certificate of Occupancy for the principal building, provided that planting may be delayed, if consistent with good landscape practice, but not longer than one year following receipt of the occupancy certificate.
This Planned Development shall be governed by Section 17-13-0612 of the Zoning Ordinance. Should this Planned Development ordinance lapse, the Zoning Administrator shall initiate a Zoning Map Amendment to rezonc the property to the C3-3 District.
Applicant: 1357 Property Owner. LLC
Address: 1357 N F.lslon, Chicago. IL
Introduced: October 16. 2019
Plan Commission: January 21, 2021
FINAL FOR PUBLICATION
WATERWAY-BUSINESS PLANNED DEVELOPMENT NO.
BULK REGULATIONS AND DATA TABLE
Gross Site Area (si): 258,056
Area of Public Rights-of-Way (sf): 81,951
Net Site Area (sf): 176,105
Maximum Floor Area Ratio: 0.80
Maximum Number of Dwelling Units: N/A
Minimum Off-Street Parking Spaces:
On-Site: 17
Off-Site: Per note 1
Minimum Bicycle Parking Spaces:|910|Minimum Off-Street Loading Spaces:|910|Maximum Building Height: 67'
Minimum Setbacks: Per plans
Notes:
1. The Applicant shall provide for a minimum of 1 space per 10 persons occupancy within 750 feet of the Property during Special Events or use as a Banquet or Meeting Hall. The location of such off-site parking shall be subject to review and approval by CDOT and DPD. This parking requirement may be reduced administratively pursuant to section 17-13-0611-A of the Zoning Ordinance if the Property becomes a transit-served location in the future.
Applicant: 1357 Property Owner, LLC
Address: 1357 N Elston. Chicago, IL
Introduced: October 16. 2019
Plan Commission: January 21, 2021
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DEPARTMENT OF PLANNING AND DEVELOPMENT CITY OF CHICAGO
MEMORANDUM
Alderman Thomas Tunney
Chairman, City Council Committee on Zoning
From
Maurice D. Cox' Chicago Plan Commission
Date: January 21, 2021
Re: Proposed Waterway Business Planned Development for the property generally located at 1357 N. Elston Avenue
On January 21, 2021, the Chicago Plan Commission recommended approval of the proposed waterway business planned development submitted by, 1357 Property Owner LLC. A copy of the proposed 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)
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602