FINAL FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. That the Chicago Zoning Ordinance be amended by changing ail of the DX-5 Downtown Mixed-Use District symbols and indications as shown on Map 1-F in the area bounded by:
North Wells Street; West Chicago Avenue; the alley east of and parallel to North Wells Street and a line 203.92 feet south of and parallel to West Chicago Avenue
to those of a 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 2. This Ordinance shall be in force and effect from and after its passage and due publication.
Address: 739-755 N. Wells, Chicago, IL
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RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO.
PLANNED DEVELOPMENT STATEMENTS
The area delineated herein as Planned Development Number (the "Planned Development" or
"PD") consists of approximately 22,510 square feet of property which is depicted on the attached Planned Development Boundary and Property Line Map ("Property"). Chicago 741 LLC is the "Applicant" for this Planned Development and is the owner of the property.
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']pbund'JessorsTA"II' rights_grahted 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 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 easements or any adjustment of the right-of-way shall require a separate submittal to the Department of Transportation on behalf ofthe Applicant or its successors, assigns or grantees.
Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Planned Development.
Ingress or egress shall be pursuant to the Planned Development and may be subject to the review and approval 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 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 alt 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
Applicant Chicago 741 LLC
Address 739-755 N Wells, Chicago, IL
Introduced May 26, 2021
Plan Commission August 26, 2021
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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 18 Statements and a Bulk Regulations Table; an Existing Land Use Map; an Existing Zoning Map; a Property Line and Boundary Map; a Site Plan; a Landscape Plan; and Elevations prepared by Antunovich Associates and dated August 26, 2021, submitted herein. In any instance where a provision of this Planned Development conflicts with the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Chicago 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 Chicago Zoning Ordinance, this Planned Development shall control.
The following uses are permitted in the area delineated herein as a Residential-Business Planned Development: Dwelling Units Above the Ground Floor; Eating and drinking establishments; Financial Services (excluding Payday Loan Stores and Pawn Shops); Food and Beverage Retail Sales; Medical Service; Office; Personal Service; Residential Support Service; and General Retail Sales, incidental and accessory uses and accessory parking.
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 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 22,510 square feet and a base FAR of 5.0.
The Applicant acknowledges that the project has received a bonus FAR of 3.1 FAR, pursuant to Sec. 17-4-1000 of the Zoning Ordinance. With this bonus FAR, the total overall FAR for the Planned Development is 8.1. In exchange for the bonus FAR, the Applicant is required to make a corresponding payment, pursuant to Sections 17-4-1003-B & C, prior to the issuance of the first building permit for any building; 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
Applicant Chicago 741 LI,C
Address 739-755 N Wells, Chicago, IL
Introduced May 26, 2021
Plan Commission August 26, 2021
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at 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 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
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 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 of the Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-085, or any other provision of the Municipal Code of Chicago.
The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant to Section 17-13-0611-A, by the Zoning Administrator upon the application for such a modification by the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors.
The Applicant acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor's Office for People with Disabilities to ensure compliance with all applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility.
The Applicant acknowledges that it is in the public interest to design, construct, renovate and maintain all buildings in a manner that provides healthier indoor 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.
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
Applicant Chicago 741 LLC
Address 739-755 N Wells, Chicago, IL
Introduced May 26, 2021
Plan Commission August 26, 2021
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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 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 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 DX-5 Downtown Mixed-Use District to this Planned Development (PD), triggers the requirements of Section 2-44-080 of the Municipal Code of Chicago (the "Affordable Requirements Ordinance" or "ARO"). Any developer of a "residential housing project" within the meaning of the ARO must: (i) set aside 10% of the housing units in the residential housing project (ARO Units) as affordable units, or with the approval of the commissioner of the Department of Housing ("DOH"), subject to the transition provisions of Section 2-44-040(c), in consultation with the commissioner of the Department of Planning and Development ("DPD") as appropriate; (ii) pay a fee in lieu of the development of the 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). 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 of the ARO, and the project has a total of 178 units. As a result, the Applicant's affordable housing obligation is 18 ARO Units (10% of 178 rounded up), 5 of which are Required Units (25% of 18, rounded up). The Applicant has agreed to satisfy its affordable housing obligation by (a) providing the 5 Required Units on-site in the rental building to be constructed in the PD and (b) making a cash payment to the Affordable Housing Opportunity Fund in the amount of $187,939 per unit as adjusted in accordance with Section 2-44-080 ("Cash Payment") for a total cash payment of
Applicant Chicago 741 LLC
Address 739-755 N Wells, Chicago, IL
Introduced May 26,2021
Plan Commission August 26, 2021|1010|EASIA180931929.3
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$2,443,207 in lieu ofthe development ofthe remaining 13 ARO Units as set forth in the Affordable Housing Profile (AHP) attached hereto. The Applicant agrees thai 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 AHP to DOH for review and approval, and DOH may adjust the requirements and number of required ARO 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 execute and record an Affordable Housing Agreement (AHA) in accordance with Section 2-44-080(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 2-44-080. The terms of the AHA and any amendments thereto are incorporated herein by this reference. The Applicant acknowledges and agrees that the AHA 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 of this Statement 17, including any breach of any AHA, and enter into settlement agreements with respect to any such breach, subject to the approval of the Corporation Counsel, without amending the PD.
18. This Planned Development shall be governed by Section 17-13-0612. 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 DX-5 Downtown Mixed-Use District.
Applicant Chicago 741 I.LC
Address 739-755 N Wells, Chicago, IL
Introduced May 26, 2021
Plan Commission August 26, 2021
EASTU 80931929.3
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RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO.
BULK REGULATIONS AND DATA TABLE
Gross Site Area (sf): 39,960
Area of Public Rights-of-Way (sf): 17,450
Net Site Area (sf): 22,510
Maximum Floor Area Ratio: 8.1
Maximum Number of Dwelling Units: 178
Residential Parking Spaces: 53
Minimum Loading Berths: 1(10 feet x 25 feet)
Maximum Building Height: 254'4"
Minimum Setbacks: Per plans
Bicycle Parking Spaces: 120
Applicant Chicago 741 LLC
Address 739-755 N Wells, Chicago, IL
Introduced May 26,2021
Plan Commission August 26, 2021
F.AST\ 180931929.3
ARO Affordable Housing Profile Form (AHP)
Submit this form for projects that are subject to the 2015 ARO (all projects submitted to City Council after October 13, 2015). More information is online at WAW.cityofchicago.org/ARO .
This completed form should be returned to the Department of Housing (DOH), 121 N LaSalle Street, 10th Floor, Chicago, IL 60602. B maii: ARO@cUyovohfcaco org
Date: May 26, 2021 DEVELOPMENT INFORMATION
Development Name: 741 North Wells Street
Development Address:739-755-North Wells Street, Chicago, Illinois 60654
Zoning Application Number, if applicable: 20711 Ward: 2nd
If you are working with a Planner at the City, what is his/her name? Ernest Bellamy
Financial Assistance fj Zoning increase
Type of City Involvement ^ citVLand 0 . Planned Development (PD)
check all that apply
Q Transit Served Location (TSL) projec
REQUIRED ATTACHMENTS: the AHP will not be reviewed until all required docs are received \7\ ARO Web Form completed and attached - or submitted online on
[7] ARO 'Affordable Unit Details and Square Footage" worksheet completed and attached (Excel) \7\ If ARO units proposed, Dimensioned Floor Plans with affordable units highlighted are attached (pdf) 0 If ARO units proposed are off-site, required attachments are included (see next page) D If ARO units are CHA/Authorized Agency units, signed acceptance letter is attached [pdf)
DEVELOPER INFORMATION
Developer Name Chicago 741 LLC
„ , „ . . Hymie Mishan Developer Contact 1
Developer Address 405 West SuPerior Street, Suite #716, Chicago, Illinois 60654
Emailhm@vistaprop.com Developer Phone (212) 377-3121
Attorney Name Katje Jahnke Da|e AttorneyPhone (312) 368_2153
TIMING
Estimated date marketing will begin September, 2023 Estimated date of building permit* January, 2022 Estimated date ARO units will be complete September, 2023
*the in-lieu fee, recorded covenant and $5,000 per unit administration fee (for off-site units) are required prior to tre issuance of any building permits, including the foundation permit.
ilTS MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager)
Date' June 23 2021
Final For Publication
ARO Web Form
Applicant Contact Information
Name: Chicago 741 LLC Email: hm@vistaprop.com
Development Information
Are you rezoning to downtown?: No
Is your project subject to the ARO Pilots?: 2015 ARO REQUIREMENTS APPLY
Address Submitted Date: 06/15/2021
Number From :739 Number To: 755 Direction: N
Street Number:Wells Postal Code: 60654
Development Name
741 North Wells Street
Information
Ward :2 ARO Zone: Downtown
Details
ARO trigger :Downtown Planned Development
Total units: 178
Development type: Rent
TSL Project: TSL-or FAR doesn't exceed 3.5
Submitted date: 05/26/2021
Final For Publication
Requirements
Affordable units :18 'On-site aff. Units: 4
How do you intend to meet your required obiligation
On-Site: 5 Off-Site: 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units: 5 In-Lieu Fee Owed: 2,443,207
Final For Publication
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Application #20711
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: August 26, 2021
Re: Proposed Planned Development (Application #20711)
On August 26, 2021, the Chicago Plan Commission recommended approval of a proposed Residential-Business Planned Development submitted by Chicago 741 LLC. A copy of the proposed ordinance, planned development statements, bulk table and exhibits are 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