FINAL FOR PUBLICATION
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by changing all ofthe Residential Business Planned Development Number 1303 symbols and indications as shown on Map No. 3-F in the area bounded by:
West Institute Place; North Wells Street; West Chicago Avenue; a line 90.21 feet west of North Wells Street; a line 109.29 feet north of and parallel to West Chicago Avenue; the alley next west of North Wells Street
to those of a DX-7 Downtown Mixed-Use District which is hereby established in the area described
above. . ( ;
SECTION 2. Title 17 ofthe Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by changing all the current DX-7 Downtown Mixe'd-Use District symbols and indications as shown on Map No. 3-F in the area bounded by:
West Institute Place; North Wells Street; West Chicago Avenue; a line 90.21 feet west of North Wells Street; a line 109.29 feet north of and parallel to West Chicago Avenue; the alley next west of North Wells Street
to those ofa Residential Business Planned Development Number 1303, as amended, which is hereby established in the area described above.
SECTION 3. This Ordinance shall be in force and effect from and after its passage and due publication.
Property Address: 200-08 W. Chicago Ave./800-20 N. Wells St./201-09 W. Institute PI.
Applicant: 808 North Wells Street Dcvco, LLC
Address: 200-08 W. Chicago Ave./S00-20 N. Wells S't./201-09 W. Institute PI.
Introduction Date: July 22. 2020
Plan Commission Date: August 20, 2020
FINAL FOR PUBLICATION
RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1303, AS AMENDED PLANNED DEVELOPMENT STATEMENTS
The area delineated herein as Planned Development Number 1303, ("Planned Development") consists of approximately 20,802 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, 808 North Wells Street Devco, LLC.
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 titleholder 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 ofthe Zoning Ordinance.
All applicable official reviews, approvals or permits arc 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 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 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.
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 lo 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
Applicant: 808 North Wells Street Devco, LLC
Address: 200-08 W. Chicago Ave./X00-20 N. Wells St./2()l-09 W. Institute PI.
Introduction Dale: July 22. 2020
Plan Commission Date: Atmusl 20. 2020
FINAL FOR PUBLICATION
• 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 Table; an Existing Land-Use Map; an Existing Zoning Map; a Planned Development Boundary and Property Line Map; a Site Plan; a Ground Floor Plan; and Building Elevations all prepared by Hartshornc Plunkard, Ltd., dated December 20, 2018, as published in the January 23, 2019 Journal of the Proceedings ofthe City Council ofthe City of Chicago, pages 95090 to 95112 inclusive. In any instance where a provision ofthis 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 terms of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control.
The following uses are permitted in the area delineated herein as a Residential Business Planned Development: Dwelling Units located above the ground floor; Hotel, Animal Sales and Grooming (no kennels or stables); Artist Work or Sales Space; Business Equipment Sales and Service; Business Support Services (except as more specifically regulated); Eating and Drinking Establishments (all, including at-grade and above-grade outdoor patio and incidental liquor sales); Financial Services (excluding payday loan stores, pawn shops and drive-thru facilities); Food and Beverage Retail Sales (including incidental liquor sales); Medical Service; Office; Personal Service; Repair or Laundry Service, Consumer (including dry-cleaning drop-off/pick-up, no plant on premises); Retail Sales; Co-located Wireless Communications Facilities; accessory parking and accessory uses.
On-Premisc 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 Zoning Ordinance shall apply. I he height ofany building shall also be subject to height limitations, if any, established by the Federal Aviation Administration.
Applicant: 808 North Wells Street Devco. LLC
Addiess: 200-08 W. Chicago Ave./800-20 N. Wells St./20l-09 W. Institute PI.
Introduction Date: July 22. 2020
Plan Commission Date: August 20, 2020
FINAL FOR PUBLICATION
The Applicant acknowledges that the project has received a bonus FAR of 4.25, pursuant to Sec. 17-4-1000 of the Zoning Ordinance. With this bonus FAR, the total FAR for the Planned Development is 11.25. In exchange for the bonus FAR, the Applicant is required to make a corresponding payment, pursuant to Sections 17-4- 1003-B & C, prior lo 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 al 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 Neighborhoods Opportunity Fund, 10% to the Citywide 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 ofthe payment.
In this case, the Applicant will contribute the Local Impact portion of the bonus payment for construction of a project to be identified by the Alderman (the "Project") The Project will be located within one mile ofthe Planned Development site, as required by Sec. 17-4-1005-C. The Applicant must make such payment, or the applicable portion thereof in the case of a phased development, prior to the issuance of the first building pennit for the Planned Development or applicable phase thereof. The City must enter into an intergovernmental agreement regarding the manner in which the funds will be used.
The Applicant acknowledges and agrees lhal the rezoning ofthe Property from RBPD 1303 to DX-7 and then to this Planned Development ("PD"), triggers the requirements of Section 2-45-115 of the Municipal Code (the "Affordable Requirements Ordinance" or the "ARO"). Any developer ofa "residential housing project" within the meaning ofthe ARO must: (i) set aside 10% ofthe housing units in the residential housing project (ARO Units) as affordable units, or with the Commissioner ofthe Department of Planning and Development's ("DPD") approval, provide the ARO Units in an approved off-site location; (ii) pay a fee in lieu ofthe development ofthe ARO Units ("Cash Payment"); 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 ("Required Units). Ifthe developer elects to provide Required Units off-site, the off-site affordable 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 Property is located in a downtown district, within the meaning of the ARO, and the project has a total of 318 units. As a result, the Applicant's affordable housing obligation is 32 affordable units (10% of 318 rounded up), 8 of which are Required Units (25% of 32). Applicant has agreed to satisfy its
Applicant: 808 North Wells Street Devco. LLC
Address: 200-08 W. Chicago Ave./800-20 N. Wells St./201-09 W. Institute PI.
Introduction Date: July 22. 2020
Plan Commission Date: August 20. 2020
FINAL FOR PUBLICATION
affordable housing obligation by,providing 100% (32 units) ofthe ARO Units on site in the rental building to be constructed in the PD, as set forth in the Affordable Housing Profile Form attached hereto as Exhibit TBD. The Applicant agrees that the ARO units must be affordable to households earning no more than 60% of the Chicago Primary Metropolitan Statistical Area Median Income (AMI), as updated annually by the City of Chicago. If the Applicant subsequently reduces (or increases) the number of housing units in the PD, 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, and DPD may adjust the requirements and number of Required Units without amending the PD. Prior to the issuance of any building permits for any residential building in the PD, including, without limitation, excavation or foundation permits, the Applicant must make the required Cash Payment and/or execute and record an affordable housing agreement in accordance with Section 2-45-115(L). The cash payment will be recalculated at the time of payment (including partial payments for phased developments) and may be adjusted based on changes in the consumer price index in accordance with Section 2-45-115. 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 PD, or the applicable portion thereof, and will constitute a lien against such property. The Commissioner of DPD may enforce remedies for any breach of this Statement 9, including any breach of any affordable housing agreement, and enter into settlement agreements with respect to any such breach, subject to the approval ofthe Corporation Counsel, without amending the PD.
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 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.
The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners ofthe Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-085, or any other provision of the 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 ofthe 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.
Applicant: 808 North Wells Street Devco. LLC
Address: 200-08 W. Chicago Ave./800-20 N. Wells St./201-09 W. Institute PI.
Introduction Date: July 22. 2020
Plan Commission Date: Autuist 20. 2020
FINAL FOR PUBLICATION
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 to the aforementioned Policy and must provide documentation verifying compliance.
16. 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 ofthe 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 ofthe 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 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 ihe Mayor.
Applicant: 808 North Wells Street Devco, LLC
Address: 200-08 W. Chicago Ave./800-20 N. Wells St./201-09 W. Institute PI.
Introduction Date: July 22. 2020
Plan Commission Date: Atmust 20. 2020
FINAL FOR PUBLICATION
17. This Planned Development shall be governed by Section 17-13-0612 of the Zoning Ordinance. 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 the previously approved PD 1303, as approved by City Council on January 13, 2016.
Applieanl: 808 North Wells Street Devco, LLC
Address: 200-08 VV. Chicago Ave./80()-20 N. Wells St./2()l-()9 W. Institute PI.
Introduction Date: July 22, 2020
Plan Commission Dale: August 20. 2020
FINAL FOR PUBLICATION
RESIDENTIAL BUSINESS PLANNED DEVELOPMENT, NUMBER 1303, AS AMENDED
PLAN OF DEVELOPMENT BULK REGULATIONS AND DATA TABLE
41,747.00 square feet 20,802.00 square feet 20,945.00 square feet 1 1.25
SETBACKS FROM PROPERTY LINE:
MAXIMUM NUMBER OF DWELLING UNITS:
MAXIMUM HOTEL KEY COUNT:
MINIMUM NUMBER OF ACCESSORY OFF-STREET PARKING:
MINIMUM NUMBER OF OFF-STREET LOADING:
MAXIMUM BUILDING HEIGHT:
BICYCLE PARKING:
^Maximum Number of Dwelling Units: 318 (up to 44 of which may be dedicated to hotel use)
Applicant: 808 North Wells Street Devco. LLC
Address: 200-08 W. Chicago Ave./800-20 N. Wells St./201-09 W. Institute PI.
Introduction Dale: July 22. 2020
Plan Commission Date: Aueust 20, 2020
#20437
DEPARTMENT OF PLANNING AND DEVELOPMENT CITY OF CHICAGO
MEMORANDUM
To: Alderman Thomas Tunney
Chairman, City Council Committee on Zoning
From: -^N—\\<%C. Maurice D. Cox Chicago Plan Commission
Date: August 20, 2020
Re: Technical Amendment to Residential-Business Planned Development No. 1303
On August 20, 2020, the Chicago Plan Commission recommended approval of the proposed technical amendment to Residential-Business Planned Development No. 1303, as amended, submitted by 808 North Wells Street Devco, LLC. A copy of the proposed amendment 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