FINAL FOR PUBLICATION
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF CHICAGO:
SECTION I. Title 17 ofthe Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by changing all the current DX-12 Downtown Mixed-Use District symbols and indications as shown on Map No. 2-E in the area bounded by:
East Ida B. Wells Drive; the alley next east of South Wabash Avenue; East Harrison Street; South Wabash Avenue; a line 240 feet north of and parallel to East Harrison Street; and a line 101.02 feet east of and parallel to South Wabash Avenue
to those of a Residential Business Planned Development, which i.s hereby established in the area described above.
SECTION 2. This Ordinance shall be in force and effect from and after its passage and due publication. Property Address: 523-45 S. Wabash Ave. /63-69 E. Ida B. Wells Dr. /50-66 E. Harrison St.
FINAL FOR PUBLICATION
RESIDENTIAL BUSINESS PLANNED DEVELOPMENT # PLANNED DEVELOPMENT STATEMENTS
The area delineated herein as Planned Development Number ("Planned Development")
consists of approximately 51,841.50 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, Etcrra Plus, 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 Applicani shall inure to the benefit oflhe Applicant's successors and assigns and. if different than Ihe Applicant, ihe legal lilleholder and any ground lessors. Furthermore, pursuant lo the requirement of Section 17-8-0400 of the Chicago Zoning Ordinance, Ihe 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 oflhe 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 casements orany adjustment oflhe 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 Ihc Planned Development and may be subject to the review and approval ofthe Departments of Planning and Development and Transportation. Closure of all orany 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
Curb and gutter
Pavement markings
Sidewalks
ADA crosswalk ramps
Parkway & landscaping
Applicani: Eterra Plus, LLC
Address: 523-45 S. Wabash Ave./63-69 E. Ida B. Wells Dr./50-66 E. Harrison St.
Introduction Date: December 16, 2020
Plan Commission Date: August 26, 2021
FINAL FOR PUBLICATION
The Perimeter Restoration Agreement must he 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 eonstrucled in accordance with the Department of Transportation's Construction Standards for work in the Public Way and m 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 Zoning Map; an Existing Land-Use Map; a Planned Development Boundary and Property Line Map; a Site Plan; a Ground Floor Plan; a Parking Garage Plan; and Building Elevations. In any instance where a provision of (his Planned Development conflicts with Ihe 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 lloor; 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-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. 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. The height of any building shall also be subject to height limitations, if any, established by the Federal Aviation Administration.
The Applicant acknowledges that the project has received a bonus FAR of 4.0, pursuant to Sec. 17-4-1000 of the Zoning Ordinance. With this bonus FAR, the total FAR for the Planned Development is 16.0. In exchange for the bonus FAR, the Applicant is required to make a corresponding payment, pursuant to Sections I7-4-I003-B & 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
Applicant: Eterra Plus, LLC
Address: 523-45 S. Wabash Ave./63-69 E. Ida B. Wells Dr./50-66 E. Harrison St.
Introduction Date: December 16,2020
Plan Commission Date: August 26, 2021
FINAL FOR PUBLICATION
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 Adopl-a-Lanclmark Fund and 10% to the Local Impact Fund. In lieu of paying (he 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 of the 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 ofa project to be identified by the Alderman ofthe 42"d Ward (the "Project"). The Project will be located within one mile ofthe Planned Development site, as required by See. 17-4-1005-C. The Applicant must make such payment, or the applicable portion thereof in the case ofa phased development, prior to the issuance ofthe first building permit 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.
9. The Applicant acknowledges and agrees that the rezoning ofthe Property from DX-12 to this Planned Development ("PD"), triggers the requirements of Section 2-44-080 ofthe Municipal Code (the "Affordable Requirements Ordinance" or "ARO"). Any developer of a "residential housing project" within the meaning ofthe ARO must: (i) set aside 10% of the housing units in (he residential housing project (ARO Units) as affordable units, or with the approval ofthe Commissioner ofthe Department of Mousing ("DOH") (subject to the transition provisions of Section 2-44-040(c)), in consultation with the Commissioner oflhe Department of Planning and Development ("DPD") as appropriate; (ii) pay a fee in lieu of the 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% ofthe ARO Units on-site or off-site (Required Units). If the 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 Property is located in a downtown district within the meaning ofthe ARO, and the project has a total of 777 units. As a result, the Applicant's affordable housing obligation is 78 ARO units (10% of 777, rounded up), 20 of which arc Required Units (25% of 78, rounded up). Applicant has agreed to satisfy its affordable housing obligation by providing 78 ARO Units in the rental building lo be constructed in the Planned Development to be approved by the Department of Housing in consultation with DPD as appropriate, as set forth in the Affordable Housing Profile Form attached hereto as Exhibit A. 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 Planned Development, or elects to build a for-sale project instead, the Applicant shall update and resubmit the Affordable Housing Profile Form to the Department of Housing for review and approval, and DOH may adjust the requirements and number
Applicant: Elena Plus, LLC
Address: 523-45 S. Wabash Ave./63-69 E. Ida B. Wells Dr./50-66 E. Harrison St.
Introduction Date: December 16, 2020
Plan Commission Date: August 26, 2021
FINAL FOR PUBLICATION
of required ARO L'uils without amending the Planned Development. Prior to the issuance of any building permits for any residential building in the Planned Development, including, without limitation, excavation or foundation permits, the Applicant must execute and record an affordable housing agreement in accordance with Section 2-44-080(1.). The terms ofthe 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 the applicable portion thereof, and will constitute a lien against such properly. The Commissioner of DOH 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 Planned Development.
Upon review and determination, "Part II Review", pursuant lo Section 17-13-0610 ofthe Zoning Ordinance, a Part II Review Fee shall be assessed by the Department of Planning and Development. The fee, as determined by slaffat the time, is /inal 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 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 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.
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 ofthe Chicago Sustainable Development Policy, in effect at the
Applicant: Eterra Plus, LLC
Address: 523-45 S. Wabash Ave./63-69 E. Ida B. Wells Dr./50-66 E. Harrison Sl.
Introduction Date: December 16, 2020
Plan Commission Date: August 26, 2021
FINAL FOR PUBLICATION
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 ofthe 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 eity 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. I hc 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 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
lo DPD (a) updates (if any) to the Applicant's preliminary outreach plan, (b) a description oflhe
Applicant's oulrcach 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 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 lo the forgoing, DPD may request such
additional information as the department determines may be necessary or useful in evaluating the
exlcnl 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 lo the Chicago Plan Commission and
annually to the Chicago City Council and the Mayor.
17. This Planned Development shall be governed by Section 17-13-0612 oflhe 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 DX-12.
Applicani: Elerra Plus, LLC
Address: 523-45 S. Wabash Ave./63-69 E. Ida B. Wells Dr./50-66 E. Harrison St.
Introduction Date: December 16, 2020
Plan Commission Dale: August 26, 2021
FINAL FOR PUBLICATION
RESIDEN TIAL BUSINESS PLANNED DEVELOPMENT, NUMBER PLAN OF DEVELOPMENT BULK REGULATIONS AND DATA TABLE
GROSS SITE AREA 75,725.00 square feet
NE T SITE AREA: 51 ,R41.00 square feel
AREA REMAINING IN THE PUBLIC WAY: 2.1,8X4.00 square feet
MAXIMUM FAR: 16.0
SE TBACKS FROM PROPERTY LINE: Per the attached site plan
MAXIMUM NUMBER OF DWELLING UNITS: 777
MAXIMUM HOTEL KEY COUNT: 405
MINIMUM NUMBER OF ACCESSORY OFF-STREET PARKING: 151
MINIMUM NUMBER OF OFF-STREET LOADING:|910|MAXIMUM BUILDING HEIGHT: 420 feet
BICYCLE PARKING: 770
Applicant: Eterra Plus, LLC
Address: 523-45 S. Wabash Avc./63-69 E. Ida B. Wells Dr./50-66 E. Harrison
Introduction Date: December 16, 2020
Plan Commission Date: August 26, 2021
FINAL FOR PUBLICATION
' ' ARO Afifordabje Housing Pr^ (AHP)
•;Submit,'this;,f^;-fw;-pfojects thatare .subject;'tp/:the .2015 ARO, Near, North/Near.\West Pilot;::,
.Milwauke.eiBiibj.or Pilsen/LiU (all projects submitted.to.CjtX'Gpunciiafter:
¦'October 13;'2015); More information is online at www.cityofchlcago.gov/AR6 . Sub.mit'the cpmpleted . to the Departmento^^
^ehise;rpman@cltyofchlcag thatinclude^'-fiW
¦qff-siteJunitsshpuM :'i ^^>AMyk' v
Date:
DEVELOPMENT INFORMATION
Development Name. 525 s '"abash Development Address- siss.wabasn
Zoning Application Number, if applicable: 20572 Ward: 42
If you are working with a Planner at the City, what is his/her name' Hani, sperry
Type of City Involvement ? City Land fx) Planned Development (PD)
check all that apply [J Financial Assistance Q Transit Served Location (TSL) project
Q Zoning increase
REQUIRED ATTACHMENTS, the AHP will not be reviewed until all required docs are received [xi ARO Web Form completed and attached - or submitted online on
[x] ARO "Affordable Unit Details and Square Footage" worksheet completed and attached (Excel) fx] If ARO units proposed. Dimensioned Floor Plans with affordable units highlighted are attached (pdf) Q If ARO units proposed are off-site, required attachments are included (see next page) fJ If ARO units are CHA'Authorized Agency units, signed acceptance letter is attached (pdf)
DEVELOPER INFORMATION
Developer Name ore™ Pius, llc
Developer Contact Knsioper picncner
Developer Address ^"wa^ s^jio wet il 53093
Email kris@ete.-rapius.com Developer Phone (sw^ssm
Attorney Name nami a^r.imuew lu- Attorney Phone ,,>.nrau
TIMING
Estimated date marketing will begin Estimated date of building permit* Estimated date ARO units will be complete
'the in-lieu fee. recorded covenant and $5,000 per unit administration fee (for off-site units) are required prior to Ire issuance of any building permits, including the foundation permit
PROPOSED UNITS MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager)
£2
Develop sr or their/agent .-. y- .¦¦ Date
/ 08/05/2021
ARO Project Manager, DOH Date
MO
FINAL FOR PUBLICATION
ARO Web Form
Applicant Contact Information
Name: Michael Ezgur
Email. michael@acostaezgur com
Development Information
Are you rezoning to downtown?. No
Is your project subject to the ARO Pilots?- 2015 ARO REQUIREMENTS APPLY
Address Submitted Date: 01/06/2021
Number From .523 Number To 545 Direction- S
Street Number:Wabash Postal Code. 60605
Development Name
525 S Wabash
Information
Ward :42 ARO Zone: Downtown
Details
ARO trigger :Downtown Planned Development
Total units: 777
Development type: Rent
TSL Project: TSL-or FAR doesn't exceed 3.5
Submitted date: 01/06/2021
FINAL FOR PUBLICATION
Requirements
Affordable units :78 'On-site aff. Units. 19
How do you intend to meet your required obligation
On-Site: 78 Off-Site 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units- 78 In-Lieu Fee Owed: 0
This is a preliminary approved AHP, which will be revised when further project details are determined, including the floor plans.
FINAL FOR PUBLICATION
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INTRODUCTION PLAN COMMISSION
Eterra Plus, LLC
523-45 S Wabash Ave./63-69
E Ida B. Wells Dr./50-66 E Harrison St
December 16,2020
August 26, 2021
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Eterra Plus, LLC
523-45 S. Wabash Ave /63-69
E Ida B. Wells Dr /50-66 E Harrison St
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
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INTRODUCTION. PLAN COMMISSION
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Eterra Plus, LLC
523-45 S Wabash Ave./63-69
E Ida B. Wells Dr /50-66 E. Harrison St
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
LEGEND
Parking Entry
Loading Entry
Retail Entry
Restaurant Entry
Residential Entry
Hotel Entry
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INTRODUCTION. PLAN COMMISSION:
OVERALL SITE PLAN
Eterra Plus, LLC
523-45 S Wabash Ave /63-69
E. Ida B Wells DR./50-66 E Harrison St
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
LEGEND Residential Amenities
RESIDENTIAL APAHTMrNT LoDBY
Mail room
Package Room
Leasing Orricr|109|Bike Cat e Retail
Retail
Restaurant
Kitchen
Hotel Amenities
Monumenial Staircase
Ho I el Lodby
Oi rices
12 Hotel loading
Services
13 Trash Room
Loading Dock
MDF
Main Electrical Room
Fire Pump Room
Generator Room
Boiler
Meter Room
Indoor Resident Bike Parking
Service Drive 23. Vehicular [Wor-orrV pick-up Retail Services
Grocery Loading Docks
Grocery Trash Room
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APPLICANT: ADDRESS.
INTRODUCTION-PLAN COMMISSION
GROUND FLOOR PLAN
Eterra Plus, LLC
523-45 S. Wabash Ave./63-69
E. Ida B Wells Dr./50-66 E. Harrison St.
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
LEGEND
Residential
1 Rlsiueniial Units
Hotel Amenities
HOTE! FlTNFSS
SlORAGE
RtSTRCOMS
Breawast Cafe
Kitchen
Services
Electrical Room
Trash room
Storage
Garage
Parking Garage
Ramp
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APPLICANT-ADDRESS
INTRODUCTION: PLAN COMMISSION-
Eterra Plus, LLC
523-45 S Wabash Ave./63-69
E Ida B. Wells DR./50-66 E. Harrison St.
December 16, 2020
August 26, 2021
SCALE
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L> fX V ADDRESS 523-45 S Wabash Ave./63-69
APPLICANT. Eterra Plus, LLC
GROUP
E. Ida B. Wells Dr /50-66 E. Harrison St.
INTRODUCTION December 16, 2020
PLAN COMMISSION- August 26, 2021
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Eterra Plus, LLC
523-45 S. Wabash Ave /63-69
E Ida B Wells Dr./50-66 E Harrison St.
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
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SOUTH ELEVATION
Eterra Plus, LLC
523-45 S Wabash Ave /63-69
E. Ida B. Wells Dr /50-66 E Harrison St
December 16, 2020
August 26, 2021
FINAL FOR PUBLICATION
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G R o L, Y ADDRESS: 523-45 S. Wabash Ave /63-69
E Ida B Wells Dr /50-66 E. Harrison St
INTRODUCTION: December 16, 2020
PLAN COMMISSION August 26, 2021