FINAL FOR PUBLICATION
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OE THE CITY OF CHICAGO:
SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the Residential-Business Planned Development No. 1354 symbols and indications as shown on Map 1-G in the area bounded by:
West Lake Street; North Green Street; a line 270.04 feet south of and parallel to West Lake Street; a line 115.95 feet west of and parallel to North Green Street; a line 229.91 feet south of and parallel to West Lake Street and North Peoria Street
tb those ofthe DX-7 Downtown Mixed-Use District.
SECTION 2. That the Chicago Zoning Ordinance be amended by changing all of the DX-7 Downtown Mixed-Use District symbols and indications as shown on Map 1-G in the area bounded by:
West Lake Street; North Green Street; a line 270.04 feet south of and parallel to West Lake Street; a line 115.95 feet west of and parallel to North Green Street; a line 229.91 feet south of and parallel to West Lake Street and North Peoria Street
to those of Residential-Business Planned Development No. 1354, as amended.
SECTION 3. This Ordinance shall be in force and effect from and after its passage and publication.
Address: 170 North Green Street
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RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1354, AS AMENDED PLANNED DEVELOPMENT STATEMENTS
The area delineated herein as Planned Development Number 1354, ("Planned Development") consists of approximately 62,600 square feet of property which is depicted on the attached Planned Development Boundary and Property Line Map ("Property"). 170 Green Owner, LLC is the "Applicant" for this planned development amendment pursuant to authorization from the property owner.
The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors. All rights granted hereunder to the Applicant shall inure to the benefit of the Applicant's successors and assigns and, if different than the Applicant, the legal title holder and any ground lessors. Furthermore, pursuant to the requirements of Section 17-8-0400 of the Chicago Zoning Ordinance (the "Zoning Ordinance"), the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development, shall be under single ownership or designated control. Single designated control is defined in Section 17-8-0400 ofthe Zoning Ordinance.
All applicable official reviews, approvals or permits are required to be obtained by the Applicant or its successors, assignees or grantees. Any dedication or vacation of streets or alleys or grants of easements or any adjustment of the right-of-way shall require a separate submittal to the Chicago Department of Transportation ("CDOT") on behalf of the Applicant or its successors, assigns or grantees.
Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Plans.
Ingress or egress shall be pursuant to the Plans and may be subject to the review and approval of the Department of Planning and Development ("DPD") and CDOT. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval of CDOT.
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
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
Applicant: 170 Green Owner, LLC
Address: 170 North Green Street
Introduction: January 26, 2022 Plan Commission: April 21, 2022
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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 these 17 Statements; a Bulk Regulations and Data Table and the following exhibits and plans attached hereto prepared by Lamar Johnson Collaborative and dated April 21, 2022 (the "Plans"): an Existing Zoning Map; a.Land Use Map; a Planned Development Boundary and Property Line Map; a Street Scape Site Plan; a Landscape Plan; Typical Parking Plan; Roof Plan; Building Elevations (North, South, East and West) and Facade Details, and an Affordable Housing Profile Form. 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 thereof, and satisfies the established criteria for approval as a Planned Development. In case of a conflict between the terms of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control.
The following uses are permitted in the area delineated herein as a Residential-Business Planned Development: Dwelling Units located above the ground floor; Lodging (All); Animal Services (excluding overnight kennels or boarding); Eating and Drinking Establishments; Financial Services (excluding Payday/Title Loans, Pawnshops and Drive Throughs); Food and Beverage Retail Sales; Office; Personal Service; General Retail Sales; Participant Sports and Recreation (Indoor); accessory parking and related, incidental and accessory uses.
On-Premise signs and temporary signs, such as construction and marketing signs, shall be permitted within the Planned Development, subject to the review and approval of DPD. Off-Premise signs are prohibited within the boundary ofthe 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.
S. The maximum permitted Floor Area Ratio ("FAR") for the Property shall be in accordance with the attached Bulk Regulations and Data Table. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted FAR identified in the Bulk Regulations and Data Table has been determined using a Net'Site Area of 62,600 square feet and a base FAR of 7.0.
The Applicant acknowledges that the project has received a bonus FAR of 4.5, pursuant to Sec. 17-4-1000 of the Zoning Ordinance. With this bonus FAR, the total FAR for the Planned Development is 11.5. 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 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 developments) and may be adjusted based on changes in median land values in accordance with Section 17-4-1003-C.3
Applicant: 170 Green Owner, LLC
Address: 170 North Green Street
Introduction: January 26, 2022 Plan Commission: April 21. 2022
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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 thc 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 of the payment.
Upon review and determination, "Part II Review", pursuant to Section 17-13-0610 of the Zoning Ordinance, a Part TI Review Fee shall be assessed by DPD. The fee, as determined by staff at the time, is final and binding on the Applicant and must be paid to the Department of Revenue prior to the issuance 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 DPD. Any interim reviews associated with site plan review or Part II reviews, are conditional until final Part II approval.
The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners ofthe Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-125 of the Municipal Code, or any other provision of that Code.
The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant , to section 17-13-0611-A of the Zoning Ordinance by the Zoning Administrator upon thc 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. In the event the Applicant does not proceed with the south hotel tower depicted on the East and West Elevations, the Applicant shall have the right to incorporate the square footage allocated to such hotel to create additional office square footage consistent with the elevations for office floors shown in the PD, which modification shall be subject to approval pursuant to Section 17-13-0611.
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 lhat 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 ofthe City to maximize opportunities for Minority and Women-owned Business Enterprises ("M/WBEs") and city residents to compete for contracts antl jobs on construction projects approved through the planned development process. To assist the city in
Applicant: 170 Green Owner, LLC
Address: 170 North Green Street
Introduction: January 26, 2022 Plan Commission: April 21. 2022
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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% eity 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 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 arc 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 Planned Development ("PD") No. 1354 to the DX-7 Downtown Mixed-Use District and then to PD 1354, as amended is an "entitlement" that triggers the requirements of Section 2-44-085 ofthe Municipal Code of Chicago (the "ARO"). The PD is located in a "downtown district" within the meaning ofthe ARO and permits the construction of 275 dwelling units. The Applicant intends to construct a 275-unit rental building (the "Project").
Developers of rental -projects in downtown districts with 30 or more units must provide between 10% and 20% of the units in the residential development as affordable units, depending on the average depth of affordability provided, as described in subsection (F)(2) of the ARO: Regardless of the applicable percentage of affordable units in the rental project, developers must construct at least 25% of the affordable units on-site and another 25% on-site or off-site (collectively, the "Required Units"), and may satisfy the balance of their affordable housing obligation through: (a) the establishment of additional on-site or off-site affordable units; (b) payment of a fee in lieu of the establishment of on-site or off-site affordable units; or (c) any combination thereof. All on-site affordable units must be accessible dwelling units, as required under subsection (W)(10) ofthe ARO, and developers must give preference in leasing accessible units to people with disabilities, as specified in the ARO rules. All off-site affordable units must have at least two bedrooms and must be located in a downtown district, inclusionary housing area, or community preservation area. Whether on-site or off-site, developers must give preference in leasing affordable units of two bedrooms or more to multi-person households, as specified in the ARO rules. If a
Applicant: 170 Green Owner, LLC
Address: 170 North Green Street
Introduction: January 26. 2022 Plan Commission: April 21. 2022
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residential project is located in a transit-served location, off-site units must be located in a substantially comparable transit-served location.
The Applicant has elected the 20% option as set forth in the chart in subsection (F)(2) of the ARO. As a result, the Applicant's affordable housing obligation is 55 affordable units (20% of 275) and half of those affordable units are Required Units. Pursuant to subsection (T) of the ARO, the Applicant must either pay a fractional in lieu fee or provide an additional unit on-site or off-site to satisfy the fractional obligation. The Applicant has agreed to satisfy its affordable housing obligation by providing all 55 affordable units in the rental building in the PD, as set forth in the Affordable Housing Profile (AHP) attached hereto. The Applicant agrees that the affordable rental units must be affordable to households with a range of incomes averaging 60% of the Chicago Primary Metropolitan Statistical Area Median Income (AMI), as updated annually, provided that (x) the maximum income level for any affordable unit may not exceed 80% of the AMI, (y) at least one-third (or 18 units) must be affordable to households at or below 50% ofthe AMI, of which one-sixth (or 3 of the 18 units) must be affordable to households at or below 40% of the AMI, and (z) all income levels must be multiples of 10% of the AMI.
If the Applicant requests any material change to its method of compliance with the ARO, such as locating affordable units off-site instead of on-site or changing the target affordability level after the passage of this PD, DOH may adjust the AHP as requested, in accordance with the ARO, without amending the PD, provided however, the Applicant must update and resubmit the revised AHP to DOH for review and approval and, at DOH's request, provide an informational presentation to Plan Commission on such change. Prior to the issuance ofany building permits for any residential building in the PD, including, without limitation, excavation or foundation permits, the Applicant must execute and record an Inclusionary Housing Agreement ("IHA") in accordance with subsection (N) ofthe ARO. The terms ofthe IHA and any amendments thereto are incorporated herein by this reference. The Applicant acknowledges and agrees that the IHA will be recorded against the PD, and will constitute a lien against such property. The Commissioner of DOH may enforce remedies for any breach ofthis Statement 16, including any breach ofany IHA, and enter into settlement agreements with respect to any such breach, subject to the approval ofthe Corporation Counsel, without amending the PD.
This statement does not include all ARO requirements and options. It is intended to provide an overview ofthe application ofthe ARO to this PD. In the event ofany conflict between this statement and the terms and conditions ofthe ARO, the ARO shall govern.
17. This Planned Development shall be governed by Section 17-13-0612 ofthe Zoning Ordinance. Should this Planned Development ordinance lapse, the Zoning Administrator of DPD shall initiate a Zoning Map Amendment to rezone the property to the DX-7 Downtown Mixed-Use District.
Applicant: 170 Green Owner, LLC
Address: 170 North Green Street
Introduction: January 26, 2022 Plan Commission: April 21, 2022
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RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1354, AS AMENDED BULK REGULATIONS AND DATA TABLE
Gross Site Area (sl): 93,041
Area of Public Rights-of-Way (sf): 30,441
Net Site Area (st): '62,600
Maximum Floor Area Ratio: 11.5
Maximum Number of Dwelling Units: 275
Maximum Number of Hotel Keys: 150
Minimum Off-Street Parking Spaces: 235
Minimum Bicycle Parking Spaces: 97
Minimum Off-Street Loading: 4 (10' x 25')
Maximum Building Height: 465'
Minimum Setbacks: In conformance with the Plans
Applicant: 170 Green Owner. LLC
Address: 170 North Green Street
Introduction: January 26, 2022 Plan Commission: April 21. 2022
—tinal tor
ARO Affordable Housing Profile Form (AHP) PUBLICATION
Submit this form for projects :;that are subject to the ARO or Pilsen/Little Village pilot Ordinances. More information is online:at www.cityofchicago.gov/ARO . Submit the completed form to the Department of Housing (DOH), 121 N LaSalle Street, 10th?Floor, Chicago, IL 60602. E-mail: ' ¦ ARO@cityofchicago.org . ;*y
Date: 02/23/2022 DEVELOPMENT INFORMATION
Development Name: 170 N Green Development Address: 170 North Green Street
Zoning Application Number, if applicable: 20910 Ward: 27th
If you are working with a Planner at the City, what is his/her name? Emily Thrun
Type of City Involvement ? City Land 0 Planned Development (PD)
check all that apply rj Financial Assistance [] Transit Served Location (TSL) project
[7] Zoning increase
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) Q If ARO units proposed are off-site, required attachments are included (see next page) Q If ARO units are CHA/Authorized Agency units, signed acceptance letter is attached (pdf)
DEVELOPER INFORMATION
Developer Name 170 Green Owner, LLC
Developer Contact Alison Mills
Developer Address 35 E. Wacker Drive, Suite 1300
Email millsa@realcrg.com Developer Phone (312) 994-1584
AttorneyName Katie Jahnke Dale & Rich Klawiter, Attorney Phone (312) 368-2153/7243
DLA Piper LLP (US)
TIMING H V '
Estimated date marketing will begin April 2024
Estimated date of building permit* December 2022
Estimated date ARO units will be complete October 2024
*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.
PROPOSED UNITS MEET REQUIREMENTS (to be executed by Developer & ARO Project Manager) f~^f~Z^ 03/30/2022 Developer or their agent Date
y ¦/-:,¦<- 03/23/2022
ARO Project Manager, DOH Date
FINAL FOR ARO Web Form PUBLICATION
Applicant Contact Information
Name: Alison Mills Email: millsa@realcrg.com
Development Information
Address Submitted Date: 02/23/2022
Number From: 170 Number To: N/A Direction: N
Street Name: Green Postal Code: 60607
Development Name
170 N Green
Are you rezoning to downtown?: Yes
Is your project subject to the ARO Pilots?: No, 2021 ARO Applies Information
Ward: 27 ARO Area: Downtown
Details
ARO Trigger: Zoning change and planned development Total Units: 275 Development Type: Rent Date Submitted: 02/23/2022
Requirements
ARO Obligation: 55 Affordable Units (20% of 275)
How do you intend to meet your ARO obligation for the First ARO Units?
On-Site: 55 Off-Site: 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units: 55
Acceptable Unit Mix 9 units at 80% AMI, 9 units at 70% AMI, 19 units at 60% AMI, 9 units at 50% 9 units at 40% AMI
FINAL FOR PUBLICATION
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Application #20910 To: Clerk
DEPARTMENT OF PLANNING AND DEVELOPMENT CITY OF CHICAGO
MEMORANDUM
To: Alderman Tom Tunney
Chairman, City Council Committee on Zoning
From: ,:. -^^f^^
Maurice D. Cox " / Chicago Plan Commission
Date: April 21, 2022
Re: Proposed Amendment to Residential-Business Planned Development No. 1354 (170 N. Green Street)
On April 21, 2022, the Chicago Plan Commission recommended approval of the proposed amendment to Residential-Business Planned Development No. 1354, submitted by 170 Green Owner, LLC. The applicant is proposing to rezone the site from Residential-Business Planned Development No. 1354 to DX-7 (Downtown Mixed-Use District) to Residential-Business Planned Development No. 1354, as amended, to construct a 465'-tall mixed-use development containing 275 dwelling units, 150 hotel keys, approximately 350,000 square feet of office space, commercial space, and 235 accessory vehicular parking spaces. A 4.5 FAR (Floor Area Ratio) bonus will be taken and the overall FAR of the planned development will be 11.5. A copy ofthe proposed ordinance, planned development statements, bulk table and exhibits arc 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 thc Department of Planning and Development, Bureau of Zoning recommendation and a copy ofthe resolution. If you have any questions in this regard, please do not hesitate to contact Emily Thraii at 312-744-0756.
Cc: PD Master File (Original PD, copy of memo)
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602