FlfMAL FOR PUBLICATION
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION I. That the Chicago Zoning Ordinance be amended by changing the DS-3 and DS-5 Downtown Service District symbols and indications as shown on Map 4-E in the area bounded by:
South Michigan Avenue; a line 146 feet south of and parallel to East Cermak Road; South Wabash Avenue; and a line 299.75 feel north of and parallel to East 23rd Street;
to those ofthe DX-5 Downtown Mixed-Use District.
SECTION 2. That the Chicago Zoning Ordinance be amended by changing the DX-5 Downtown Mixed-Use symbols and indications as shown on Map 4-E in the area bounded by:
South Michigan Avenue; a line 146 feet south of and parallel lo East Cermak Road; South Wabash Avenue; and a line 299.75 feet north of and parallel to East 23rd Sireet;
to those of 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 lo no others.
SECTION 3. This Ordinance shall be in force and effect from and after its passage and due publication
HAL
UESIDEN TIAE-IiCSINESS PLANNED DEV'LLC)I'M I N I NO. I'LANNKI) DEVEI A)I'M EN I S l A I EM EN I S
(tlie "Planned Development'" or
1. The area delineated herein as Planned Development Number
"PD") consists ol" approximately 38,946 square feet of property which is depicted on the attached Planneci Development Boundary and Properly Line Map ("Property"). Hudson Michigan Avenue Owner LLC is the "Applicant" for this Planned Development and the owner ofthe Property.
2. The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Applicant, its successors and assigns and, it" different than the Applicant, the legal title holders and any ground lessors. All rights granted hereunder lo lhe Applicant shall inure to the benefit ofthe Applicant's successors and assigns and, if different than the Applicant, the legal title holder and any ground lessors. Furthermore, pursuant to the requirements of Section 17-8-0400 ofthe Chicago Zoning Ordinance, the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development are made, shall be under single ownership or designated control. Single designated control is defined in Section 17-8-
0400.
3. All applicable official reviews, approvals or permits are required lo be obtained by (he 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 lhe public way, shall he in compliance with thc Planned Development.
Ingress or egress shall be pursuant to the Planned Development and may be subject to thc 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 of tlie 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 lo, the following as shall be reviewed and determined by the Department of Transportation's Division of Infrastructure Management:
Full width ofstreets
I "u 11 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 Pair 1J review permitting. Tlie Agreement shall reflect that all work must
FIMAL FOR PUBLICATION
comply wilh currenl Rules and Regulations anil 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 thc Department of Transportation's Rules and Regulations for Construction in the Public Way as well as Thc 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 _ Statements and a Bulk Regulations fable; an Existing Land Use Map; an Existing Zoning Map; a Planned Development Boundary and Property Line Map; a Site Plan/Landscape Plan; Floor Plans and Elevations (East, West, South and North); prepared by Fitzgerald Associates and dated November 17, 2022, submitted herein. 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 ofthe Chicago Zoning Ordinance, and all requirements thereto, and satislies 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 arc permitted in the area delineated herein as a Residential-Business Planned Development: Dwelling Units Above the Ground Floor; Group living, not otherwise classified (with a maximum of 135 beds); Lodging (all); Eating and Drinking Establishments; Entertainment and Spectator Sports, all except Inter-Track Wagering Facility; 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 thc review and approval of thc Department of Planning and Development ("DPD"). 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 thc 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 thc Bulk Regulations and Data Table has been determined using a net site area of 38,946 square feet and a base 5.0 FAR.
Upon review and determination, Part II Review, pursuant to Section 17-13-0610, a Part 11 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 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 DPD. Any interim reviews associated with site plan review or Part II reviews, are conditional until final Part II approval.
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The Applicant shall comply with Rules and Regulations for the Maintenance ol" Stockpiles promulgated by the Commissioner of the Public Health, under Section 11-4-765, or any other provision of lhe 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 il i.s in the public interest lo design, construct and maintain thc project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Properly 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 tlie Pari II review process is initialed for each improvement that is subject to the aforementioned Policy and must provide documentation verifying compliance.
The Applicant acknowledges that it is thc 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 city resident participation, an applicant for planned development approval shall provide information at three points in the cily approval process. First, the applicant must submit to DPD, as part of ils application for planned development approval, an M/WBE Participation Proposal. The M/WBE Participation Proposal must identify lhe 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 tolal construction budget for the project or any phase thereof), and (ii) 50% city resident hiring (measured against the lotal construction work hours for thc 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, thc 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 lhe project: is located and receipts thereof; (c) responses to the Applicant's outreach efforts, and (d) updates (if any) to thc 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 lo the forgoing, DPD may request such additional information as the
FINAL FOR PUBLICATION
department determines may be necessary or useful m evaluating the extent to which M/WBEs ami 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 thc Chicago Plan Commission and annually to the Chicago City Council and thc Mayor.
16. The Applicant acknowledges and agrees that the rezoning ofthe Property from the DS-3 and DS-5 Downtown Service Districts to the DX-5 Downtown Mixed-Use District and then to this Residential-Business Planned Development ("PD") is an "entitlement" that triggers the requirements of Section 2-44-085 ofthe Municipal Code of Chicago (thc "ARO"). The PD is located in a "downtown district" within the meaning of the ARO and permits the construction of 38 dwelling units. The Applicant intends to construct a 38-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 thc applicable percentage of affordable units in the rental project, developers must construct at least 25% ofthe 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 ofa fee in lieu ofthe 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. AM off-site affordable units must have al 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 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 thc 20% option as set forth in the chart in subsection (F)(2) ofthe ARO. As a result, the Applicant's affordable housing obligation is 8 affordable units (20% of 38) and half of those affordable units are Required Units. The Applicant has agreed to satisfy its affordable housing obligation by providing all 8 affordable units in the rental building in thc 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% ofthe AMI, (y) at least one-third (or 3 units) must be affordable to households at or below 50% ofthe AMI, of which one-sixth (or 1 of the 3 units) must be affordable to households at or below 40% ofthe 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 ol" 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
FINAL FOR PUBLICATION
Commission on such change Prior lo ihe issuance ofany building permits for any residential building in thc PD, including, without limitation, excavation or foundation permits, thc Applicant must execute and record an Inclusionary Housing Agreement ("IHA") in accordance with subsection (N) of the ARO. The terms ofthe II IA and any amendments thereto are incorporated herein by this reference. The Applicant acknowledges and agrees lhal the IHA will be recorded against the PI), 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 of the Corporation Counsel, without amending the PD.
This statement docs 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 (his statement and the terms and conditions ofthe ARO, the ARO shall govern.
Pursuant lo the Chicago Zoning Ordinance (Sec. 17-8-0911), Planned Developments are to give priority to the preservation and adaptive reuse of Chicago Landmark buildings. The Planned Development includes 2222 S. Michigan Avenue, which is located within a district designated as a Chicago Landmark. Work to designated Chicago Landmarks is subject to Ihe review and approval of the Commission on Chicago Landmarks pursuant to thc Chicago Landmarks Ordinance, Section 2-120-740.
This Planned Development shall be governed by Section 17-13-0612. Should this Planned Development ordinance lapse, the Commissioner of DPD shall initiate a Zoning Map Amendment to rezone the property lo the DX-5 Downtown Mixed-Use District.
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R ES IDENTIAL-B US IN ESS PLANNED DEVELOPMENT NO.
BULK REC I l.A I IONS AND DATA TABLE
Gross Siic Area (sl): 46,236
Area of Public Rights-of-Way (sP): 7,290
Net Site Area (sl): 38,946
Maximum Floor Area Ratio: 5.0
Maximum Number of Dwelling Units: 38 (135 beds)
Maximum Flotel Rooms: 18*
Minimum Parking Spaces:|9 10|Minimum Bicycle Parking Spaces: 38
Minimum Loading Berths:|9 10|Maximum Building Height: 62,4"
Minimum Setbacks: Per plans
^CONVERSION OF HOTEL ROOMS TO DWELLING UNITS WOULD REQUIRE AN AMENDMENT AND WOULD BE SUBJECT TO ARO REQUIREMENTS AT THE TIME OF THE AMENDMENT.
ARO Affordable Housing Profile Form (AHP)
Submit this form for projects that are subject to the 2015 ARO, Near North/Near West Pilot, Milwaukee Pilot or Pilsen/Little Village Pilot Ordinances (all projects submitted to City Council after October 13, 201.5). More information is online at www.cityofchicago.gov/ARO
. Submit the completed to the Department of Housing (DOH), 121 N LaSalle Street, 10th Floor, Chicago, IL 60602. E-mail: . denise.roman@cityofchfcago.org orjustin.root@cityofchicago.org . Applications that include " off-site units should submit documentation listed on page two.
Date: 3 / i
DEVELOPMENT INFORMATION
Development Name:
Development Address: "VLVL "=> A ~v/Jl\\^<*/Zoning Application Number, if applicable: Ward: "?>
If you are working with a Planner at the City, what is his/her name?
Type of City Involvement ? City Land ^ Planned Development (PD)
check all that apply ^ Financial Assistance rj Transit Served Location (TSL) project
|^] Zoning increase
REQUIRED ATTACHMENTS: the AHP will not be reviewed until all required docs are received I | ARO Web Form completed and attached - or submitted online on
13] ARO "Affordable Unit Details and Square Footage" worksheet completed and attached (Excel) r_j If ARO units proposed, Dimensioned Floor Plans with affordable units highlighted are attached (pdf) | [ If ARO units proposed are off-site, required attachments are included (see next page)
I""] If ARO units are CH A/Authorized Agency units, signed acceptance letter is attached (pdf) DEVELOPER INFORMATION
Developer Name Wa&W<\ A^\e^[\ AucAdc LLC Developer Contact "\\Y»0f Y-cV*\fiJDeveloper Address WlD K^^v K*o> ttac«^» ^ bo***
Email "WW & V-'V^cm^^oa^ .6<>*\ Developer Phone ^<*V
Attorney Name Lo^U ft *V Attorney Phone ^ ^TIMING , 0
Estimated date marketing will begin ucaaj-\um Estimated date of building permit* ^pf->\ \X)1^> Estimated date ARO units will be complete f\(rfd<\ lA^K
*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)
'~ ^y- - " -^lc-1 - - ¦.
Developer or their agent Date !
;.;-V'>'*' 11/16/2022
ARO Project Manager, DOI I Date
L
CAT
ARO Web Form
Applicant Contact Information
Name: Robert Savosh
Email: Robert@kelemencompany.com
Development Information
Are you rezoning to downtown?: No
Is your project subject to the ARO Pilots?: PILOTS APPLY
Address Submitted Date: 09/06/2022
Number From :2222 Number To: N/A Direction: S
Street Number:Michigan Ave Postal Code: 60616
Development Name
The Hudson
Information
Ward :3 ARO Zone: Downtown
Details
ARO trigger :Financial assistance Total units: 38 Development type: Rent
TSL Project : 4.0 FAR (100% ARO on-site requirement) Submitted date: 09/06/2022
Requirements
Affordable units :8 'On-site aff. Units' 8
How do you intend to meet your required obligation
On-Site: 8 Off-Site: 0
On-Site to CHA or Authorized agency: 0 Off-Site to CHA or Authorized agency: 0 Total Units: 8 In-Lieu Fee Owed: 0
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Application #21136
D E PART M I: N T O F- PL A N N IN G A N I.) D E V I-l L O P M E N T CITY OF CHICAGO
MEMORANDUM
Alderman Thomas Tunney
Chairman, City Council Committee on Zoning
From
Maurice D. Cox
Chicago Plan Commission
Date: November 17, 2022
Re: Proposed Planned Development, 2222 S. Michigan Avenue (Application #21136)
On November 17, 2022, the Chicago Plan Commission recommended approval ofa Residential Business Planned Development submitted by Hudson Michigan Avenue Owner LLC. A copy of the proposed ordinance, planned development statements, bulk table and exhibits is attached. I would very much appreciate your assistance in having this introduced at the next possible Cily 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 ofthe resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-9476.
Cc: Anna Robles
PD Master File (Original PD, copy of memo)