R-22-52VILLAGE OF DEERFIELD
RESOLUTION NO. R-22-52
A RESOLUTION GRANTING A ONE YEAR EXTENSION TO A DEVELOPMENT
SCHEDULE FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT
(833 Deerfield Road — Shops at Deerfield Square Residences)
WHEREAS, Kirby Limited Partnership ("Owner') is the record owner of that certain
parcel of real property commonly known as 833 Deerfield Road, Deerfield, Lake County,
Illinois ("Property'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use') and final development plan for the
development and maintenance of the Deerfield Square PUD, which final development plan
has been amended from time to time; ("Final Development Plan'); and
WHEREAS, the Property is an approximately 0.89 acres and located in the C-1
Village Center District of the Village; and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development ("Deerfield Square PUD'); and
WHEREAS, on September 20, 2022, the Village Board adopted Ordinance No. 0-21-
37, granting for the Property granting approval for: (i) amendments to the Special Use ("PUD
Amendment') and Final Development Plan for the Deerfield Square PUD ("Amended
Final Development Plan'); (ii) an exception for the height of the Proposed Development
("Height Exception'); (iii) an exception to permit the construction of the Proposed
Development within a corner side yard ("Corner Side Yard Exception'); (Ili) an exception
to the minimum loading berth size requirements ("Loading Berth Size Exception'); (iv)
an exception to allow for the construction of five compact parking spaces ("Parking Space
Exception'); (v) an exception to the Sign Criteria for the Property to allow the installation
of a wall sign ("Proposed Sign') with a sign height greater than 24 inches ("Sign Criteria
Exception'); and (vi) a special use to allow for a resident amenity area to be located on the
first floor of the Proposed Development ("Amenity Area Special Use') (the PUD
Amendment, Amended Final Development Plan, Height Exception, Corner Side Yard
Exception, Loading Berth Size Exception, Parking Space Exception, Sign Exception, and
Amenity Area Special Use are, collectively, the "Final Approvals'); and
WHEREAS, the Final Approvals allowed the Owner to demolish the existing
structures and develop a five -story, 40 unit residential apartment building with a first floor
resident amenity area on the Property with various landscape, parking, and other site
improvements (collectively, "Proposed Development'); and
WHEREAS, as a condition of the Final Approvals, the Village and Owner entered
into that certain Development Agreement dated May 4, 2022, ("Development Agreement');
and
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WHEREAS, Section 12.09-H of "The Deerfield Zoning Ordinance 1978," as amended
("Zoning Ordinance') provides that if no substantial construction has begun or no use has
been established in a planned unit development within the time stated in the Final
Approvals, the Special Use for the planned unit development shall become null and void
unless the Village Board extends the time period for beginning construction, which may be
extended by a period of not to exceed one year; and
WHEREAS, the Owner has requested a one-year extension of time to begin
construction of the Proposed Development ("Extension's; and
WHEREAS, the Village Board has determined that granting the Extension will serve
and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF EXTENSION TO DEVELOPMENT
TIMELINE. Pursuant to Section 12.09-11 of the Zoning Ordinance, the Village Board hereby
extends the deadline to begin construction of the Proposed Development to September 20,
2023 (`Deadline'. If construction of the Proposed Development does not commence by the
Deadline, the Special Use for the Proposed Development shall become null and void.
SECTION THREE: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the Village Board.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: October 3, 2022
APPROVED: October 3, 2022
RESOLUTION NO. R-22-52
Will m S. ideif
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Kent S. Street, Villagb Clerk
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October 3, 2022
Honorable Mayor Daniel C. Shapiro
Board of Trustees
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Re: Extension Request -Deerfield Square Residential at 833 Deerfield Road ("Project")
Dear Mayor Shapiro and Board of Trustees:
The Petitioner for the above referenced development hereby requests a one (1) year extension of all
entitlements granted pursuant to Ordinance 2021-37 and the Development Agreement for reasons
stated below.
Due to significant increases in construction costs throughout the industry, the Project is currently not
financially viable. Our increase in projected rents is not sufficient to offset the 20-30% increase in
construction costs. Value engineering the Project to decrease costs will result in a lower quality and less
aesthetically pleasing development which is something the Petitioner feels is not suitable for downtown
Deerfield.
We will continue to monitor construction costs and are hopeful that the Project will become financially
viable at some point in the near future, hence the request for a one (1) year extension of development
rights.
Thank you for your consideration in this matter.
Sincerely,
Chris Siavelis
Senior Vice President
Cc: Kent Street
Andrew Lichterman