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ORDINANCE
BK IT ORDAINED BY I'llF. CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION I. That the Chicago /.on ing Ordinance be amended by changing all ot the 131-2 Neighborhood Shopping District symbols and indications as shown on Map 7-F in the area bounded by:
Clark Street; Drummond Place; Lehmann Court; the 10' public alley south of and parallel to Drummond Place; a line 88.35 feet west of and parallel to Clark Street and a line 125' south of and parallel to Drummond Place
to those of a B1-3 Neighborhood Shopping District.
SECTION 2. That the Chicago Zoning Ordinance be amended by changing all ofthe B1-3 Neighborhood Shopping District symbols and indications as shown on Map 7-1- in the area bounded by:
Clark Street; Drummond Place: Lehmann Court; the 10' public alley south of and parallel to Drummond Place; a line 88.35 feet west of and parallel to Clark Street and a line 125' south of and parallel to Drummond Place
to those ofa Residential-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: 2653 North Clark. Chicago. Illinois
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RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO.
PLANNED DEVELOPMENT STATEMENTS
The area delineated herein as Planned Development Number TBD, (Planned Development) consists of approximately 29,706 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, Chicago Title Land T rust Company, as Trustee under Trust Agreement dated October 18, 2016, as Trust No. 8002372723.
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 ofthe 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 casements or any adjustment ofthe 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 T ransportation.
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
Curb and gutter
Pavement markings
Sidewalks
ADA crosswalk ramps
Parkway & landscaping
T he 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
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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 Ihe Municipal Code ot" 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 17 Statements: a Bulk Regulations Table; an Existing Land Use Map; an Existing Zoning Map; a Planned Development Boundary and Property Line Map; a Site Plan - Ground floor; a Landscape Plan; and Building Elevations (North, South, East and West) prepared by Wcese Langley Weese Architects LTD and Brininstool + Lynch and dated July 16, 2020, submitted herein. In any instance where a provision ofthis Planned Development conflicts wilh the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Chicago Zoning Ordinance, and all requirements thereto, and satisfies the established criteria for approval as a Planned Development. In case ofa conflict between the terms of this Planned Development Ordinance and the Chicago Zoning Ordinance, this Planned Development shall control.
The following uses are permitted in the area delineated herein as a Planned Development: Dwelling Units Above the Ground floor; Single-Room Occupancy; Cultural Exhibits and Libraries; Day Care; Animal Sales and Grooming (excluding Shelter/Boarding Kennel); Artist Work or Sales Space; Limited Restaurant; Outdoor Patio (at grade); Small Venues; Financial Services (all, excluding Drive-Through. Payday/Title Secured Loan Store and Pawn Shop); Food and Beverage Retail Sales; Medical Service; Office; Personal Service; General Retail Sales; and related 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 ofthe Department of Planning and Development. Off-Premise signs are prohibited within the boundary of the Planned Development.
For purposes of height measurement, the definitions in the Chicago 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 purpose of FAR 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 29,706 square feet and a base FAR of 3.3.
Upon review and determination, Part II 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 ofany 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.
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The Applieanl 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 17-13-061 1-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, renov^^te 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 ofthe 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 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 ofthe 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 lime ofthe Applicant's submission for Part If 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 ofa 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
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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.
16. The Applicant acknowledges and agrees that the rezoning of the Property from the Bl-2 Neighborhood Shopping District to the Bl-3 Neighborhood Shopping District, and then to this Planned Development ("PD"), triggers the requirements of Section 2-44-080 ofthe Municipal Code of Chicago (the "Affordable Requirements Ordinance" or "ARO"). Any developer ofa "residential housing project" within the meaning of the ARO must: (i) set aside 10% ofthe housing units in the residential housing project or, with the approval ofthe commissioner ofthe Department of Housing ("DOH"), in an approved off-site location, as affordable units ("ARO Units"); (ii) pay a fee in lieu of the development ofthe ARO Units; 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 (the "Required Units"). Ifthe 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 PD is located in a higher income area within the meaning of the ARO and includes two subareas. Subarea A is improved with the historic Covent Hotel, which has been operating as a single-room occupancy building and will be redeveloped into 30 affordable studio apartments with private bathrooms and kitchens ("Subarea A Project"). The financing documents for the Subarea A Project will govern the affordability of the Subarea A Project, and as a result Subarea A is not subject to the ARO. Subarea B is vacant land that will be developed into a new seven-story residential building with 84 units ("Subarea B Project"). The Subarea B Project is subject to the ARO, and as a result the affordable housing obligation is 8 ARO Units (10% of 84 rounded down), 2 of which are Required Units (25% of 8, rounded down). The Subarea B Project's affordable housing obligation will be satisfied by (a) providing the 2 Required Units on-site in the Subarea B Project, as set forth in the Affordable Housing Profile Form attached hereto and (b) making a cash payment in the amount of $132,411 per ARO Unit or $794,466 in total, as adjusted in accordance with Section 2-44-080 ("Cash Payment") in lieu of the development of the remaining 6 ARO Units. Notwithstanding Section 2-44-080(K), the developer of the Subarea B Project ("Subarea B Developer") may pay the Cash Payment into an escrow account controlled by the City of Chicago (the "City") at the time that the Subarea B Developer acquires Subarea B from the Applicant. The City shall release the escrowed funds to the developer of Subarea A ("Subarea A Developer") at the closing of the construction financing for the Subarea A Project, provided that the Subarea A Developer has executed and recorded a regulatory agreement or other instrument obligating the Subarea A Developer to construct the Subarea A Project. Ifthe closing of the construction financing for the Subarea A Project does not occur by December 31. 2021, the escrowed funds will be transferred to the Affordable Housing Opportunity Fund. The Applicant agrees that the ARO Units in Subarea B must be affordable to households earning no more than 60% ofthe Chicago Primary Metropolitan Statistical Area Median Income ("AMI"), as updated annually by the City. If the Applicant, or its successor in interest, subsequently reduces (or increases) the number of housing units in the PD, the Applicant, or its successor in interest, shall update and resubmit the Affordable Housing Profile Form to DOH for review and approval, and DOH may adjust the number of required ARO Units without amending the PD. Prior to the issuance ofany building permits for any residential building in Subarea B, including, without limitation, excavation or foundation permits, the Applicant, or its successor in interest with respect to Subarea B, must execute
App'icani Chiccgn Tide Lain: 1 fus[ CompL:",',-.as IYusi.ec anda Tiasi Aijreemcm dated October IS, 21) 16. as Trust No S002J72723 Addiess 265.) Norm C [ark Chicago ii Inli-auuLcd Novemhe 13, ?i't[l) Clan Cunrrissroi! Ja.lv 16. 202!)|1010|I .AS P.1697-1 j306 J
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and record an affordable housing agreement in accordance with Section 2-44-080(L) and pay the Cash Payment either to the Affordable flousing Opportunity Fund, or to the escrow account controlled by the City in accordance with the above terms. T he terms of the affordable housing agreement and any amendments thereto are incorporated herein by this reference, flic Applicant acknowledges and agrees that the affordable housing agreement will be recorded against the PD, or the applicable portion thereof, and will constitute a lien against such property. The Commissioner of DOH may enforce remedies for any breach ofthis Statement, including any breach ofany 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 PD.
17.'This Planned Development shall be governed by Section 17-13-0612. Should this Planned Development ordinance lapse, the Zoning Administrator shall initiate a Zoning Map Amendment to rezone the property to the 131-3 Neighborhood Shopping District.
Apohcaai L iia'ago I ale I and 'I'rus' Coir par'\ a.s Tn.srec .links' ! :n\l Agree men; ijoiix! October ' X. 20 16. a; I at A No .Si'()2?72723 Aodre'-s 2!.Vi \,-.n!i Clar-. CTicago. IL l.u:odlai.cJ \ovcnber IJ. fan C.jm-r.iv.ion ,.Jy I'. 2t'2(:
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RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO.
BULK REGULATIONS AND DATA TABLE
Gross Site Area (sf): 44,726
Area of Public Rights-of-Way (sf): 15,020
Net Site Area (st): - 29,706
Maximum Floor Area Ratio: 3.3
Subarea A: 1.1
Subarea B: 3.9
Maximum Dwelling Units: 1 14
Subarea A: 30
Subarea B: 84
Minimum Off-Street Parking Spaces:
Subarea A:|9 10|Subarea B: 52
Minimum Off-Street Loading Spaces:
Subarea A:|910|Subarea B:|9 10|Maximum Building Height:
Subarea A: 37'1"
Subarea B: 78'II"
Minimum Setbacks: Per site plans
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ARO Affordable Housing Profile Form (AHP)
Submit this form for projects that are subject ta the 2015 ARO, Near North/Near West Pilot, Milwaukee Pilot or Pilsen/Little Village Pilot Ordinances (all projects submitted to City Council after October 13, 2015). More information is online at www.cityofchlcago.gov/ARO . Submit the completed to the Department of Housing (DOH), 121 N LaSalle Street, 10th Floor, Chicago, IL 60602. E-mall: denl8e.roman@cltyofchlcago.org or justln.root@cltyofchicago.org . Applications that include off-site units should submit documentation listed on page two.
Oate: 5/21/2020
DEVELOPMENT INFORMATION
Development Name: 2653 Norm dark Development Address. 2S5 3 North ciark
Zoning Application Number, if applicable: 2G256 Ward 43rci
If you are working with a Planner at the City, what is his/her name? Noah szafraniec
Type of City Involvement ? City Land ? Planned Development (PD)
check all that apply Q Financial Assistance Q Transit Served Location (TSL) project
[x] Zoning increase
REQUIRED ATTACHMENTS: the AHP will not be reviewed until all required docs are received jxj ARO Web Form completed and attached - or submitted online on 5/21/2020 0 ARO "Affordable Unit Details and Square Footage" worksheet completed and attached (Excel) jxj If ARO units proposed, Dimensioned Floor Plans with'affordable units highlighted are attached {pdf) n/a Q If ARO units proposed are off-site, required attachments are included (see next page)
n/a Q If ARO units are CHA/Authorized Agency units, signed acceptance letter is attached {pdf) DEVELOPER INFORMATION
_ , „. Chicaqo Title Land Trust Company as Trustee under Trust Agreement dated October 18. 2016, as
Developer Name Trust No 8002372723 Developer Contact Kendra Stensven
Developer Address 122 East 42nd Street Sure 4900 Mew Vork NY '0168
Email kstensven@nhpfeundation org Developer Phone 646-336-39-10
Attorney Name DlA Piper - Pam Shadie & *atie jannne uaie. Attorney Phone i<>8 2153 ¦'-ii^n
TIMING
Estimated date marketing will begin ior/2021 Estimated date of building permit* 10/1/2020 Estimated date ARO units will be complete 2/1/2022
*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.
PROPOSiETJ^fTS^MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager) /Developer qf-theiyagent Date
Justin^Reofbr Demse Roman, DOH Date
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ARO Web Form
Applicant Contact Information
Name' NHP Foundation
Email kstensven@nhpfoundation org
Development Information
Address Printed Date: 07/06/2020
Number From. 2653 Number To: N/A Direction: N
Street Name: Clark Postal Code. 60614
Development Name
2653 N Clark
Are you rezoning to downtown?: No
Is your project subject to the ARO Pilots?: 2015 ARO REQUIREMENTS APPLY Information
Ward' 43 ARO Zone: Higher Income
Details
ARO trigger: ZP
Total units 84
Development type: Rent
TSL project: TSL-or FAR doesn't exceed 3.5
Date submitted. 07/06/2020
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Requirements
Affordable units 8 'On-site aff. Units: 2
How do you intend to meet your required obligation
On-Site: 2 Off-Site 0
On-Site to CHA or Authorized agency 0 Off-Site to CHA or Authorized agency: 0 Total Units: 2 In-Lieu Fee Owed: 794,466
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ARO UNITS
LEVELS 4-7
LEVEL 3
LEVEL 2
Apphcar.: Cmcago ~rje Land IV us l Ccmpeny asTrusree jndcTrtis:
AgrHy.-iieni oatc-rl Qcicoer 13. 2016. as~'U3t No 80023/2723
Addioss 2653 r-i. C.'srk S:
Council h:-ocuctio'! November 13. 2019
Pteo Commission TBO
ARO UMIl'S
BRININSTOOL WEESE + LYNCH
€> e ri nsior.1 .- tv-eh Lid
DEPARTMENT 01-' PLANNING AND DEVELOPM ENT CIT Y 01- CHICAGO
MEMORANDUM
To: Aldennan Thomas Tunney
Chairman, City Council Committee on Zoning
I'rom: ^ —' /
Maurice D. Cox Chicago Plan Commission
Date: July 16,2020
Re: Proposed Residential Business Planned Development for the subject property generally located at 2653 North Clark Street
On July 16, 2020, the Chicago Plan Commission recommended approval ofthe proposed planned development submitted by, Chicago Title Land Trust Company, as Trustee under Trust Agreement dated October 18, 2016, as Trust No. 8002372723. A copy ofthe 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 ofthe staff report to the Plan Commission which includes the Department of Planning and Development, Bureau of Zoning and Land Use recommendation and a copy ofthe resolution. Ifyou 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
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EXISTING EXISTING
3 STORY BRICK 4 STORY BRICK
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.Ota! Site A'ea
Net Sub Arcs 1 Ares m R gh' of Way Gross Sub Area 1
9,963 Sr 6,910 SF 16,873 SF
Net Sub Area 2 19,743 SF
Area in Right of Way. 3,110 SF Gross Sub A/ea 2 27853 SF
Me; Site Area
Area in Right of Way
Gross Site Aroa
29,706 SF 15,020 SF 44,726 SF
Appl car: Chicago T tie UndTust Ccnpary , a a Txstcc .jndef"
Agreement da;rid October tg 2016. cisTius: No 6002372/23
Adcirfis; 2053 N C ar-. Si
Council inyodijCtion Xovo-nbe1 '3.2019
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Applicant Chicago Agteemcnu dated October 18. 20'6. 3sT\.st No 8002372/23
Acid-ess 2653 N Oark Sf
Conner 'n:iOQuc[!!i'i Noverrcer 13. 2010
Plan Commission July 16, 2020
5i~E 3LAN GROUND FLOOR Scale 1 "=45'-0-
BRININSTOOL
WEESELA.NGLEYWEESE f- LYNCH
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JSIOftrERiCK
WEST DRUMMOND ?L
LANDSCAPE NOTES:
1. PROPOSED MEW TREE SPECIES ARE AS FOLLOWS ALTERNATING AUTUMN GOLD GINKGO AND CHANTICLEER FLOWERING PEAR
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^Q'oement dated October iB. 2016. as !rus: Mo 800/3/2/23 Aiicres; 2653 N Clark St
Co-ncii i.n-.'oCuctfCit November 13,2013 BRININSTOOL
Plan Commission July 16, 2020 V/ E f- S E \. A 'Z L T ¦¦ W E E S E x LYNCH
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Agieerneni.dai.cd October 13. 2016. as Trust No 8002372723
Add-ess ?6b3 M Clark Si
Council iniroductic-.'-i November 13. 2019
P.an Ccrnn-ission July 16. 2020
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Agreement ca:ed Octotier i3 2016. asTr.ist No 3002372723
Address 2653 M Oa:k St
Council Introduction Novemoer 13. 2010
'(an Comm ssior Ju'y 16. 2020
SOUTH ELEVATION Scaie' 1" =.- 4&--0"
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Agreement dated Ociobe- '3. 2016. as "rust No 8002372723
Address. 26b3 K Clark St
CounO' ntroojcticn November 13. 2019
Pi;, l C^m-vi'ssicn Joly 10, 2030
WEST Ft.HVATiON Scale. 1 ' = .15-0"
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