R-22-17VILLAGE OF DEERFIELD
RESOLUTION NO. R-22-17
A RESOLUTION GRANTING A ONE YEAR EXTENSION TO A DEVELOPMENT
SCHEDULE FOR A COMMERCIAL PLANNED DEVELOPMENT
(10 S, 158 S, and 184 S Waukegan Road — REVA Development)
WHEREAS, Gateway Fairview, Inc., a Delaware corporation ("Owner'), is the
record owner of that certain parcel of real property commonly known as 10 S, 158 S, and
184 S Waukegan Road, Deerfield, Cook County, Illinois ("Property'j; and
WHEREAS, the Property is located entirely within the 47.45-acre Deerbrook
Shopping Center Commercial Planned Unit Development ("Deerbrooh PUD'); and
WHEREAS, on June 18, 2019, the Village Board adopted Ordinance No. 0-19-17,
granting for the Property: (i) approval of an amendment to the Deerbrook PUD; (ii) an
amendment to the Final Development Plan for the Property; (Ili) a zoning exception from
5.02-F-5 of the Zoning Ordinance; (iv) a zoning exception from Appendix 1 of the Zoning
Ordinance; and (v) a special use permit ("Special Use') for a multi -family rental
apartment community (collectively, the "Final Approvals'); and
WHEREAS, the Final Approvals allowed the Owner to demolish the improvements
on the Property ('Demolition') and construct on the Property: (i) one residential
apartment building consisting of five stories and 186 rental units with an attached four-
story parking garage; (ii) 60 rental townhome units in nine buildings of four to 10 units; (Ili)
a surface off-street parking lot; and (iv) two acres of greenspace, including a dog park, pool
with sun deck, and multiple courtyards and garden spaces and related improvements
(collectively, the "Proposed Development'); and
WHEREAS, as a condition of the Final Approvals, the Village and Owner entered
into that certain Development Agreement dated June 18, 2019, amended by Resolution No.
R-21-10 dated April 6, 2021 (collectively, "Development Agreement'; and
WHEREAS, the Owner completed the Demolition, but due to the COVID-19
pandemic and other various challenges, the Owner has not yet begun the construction of
the Proposed Development; and
WHEREAS, Section 12.09-H of "The Deerfield Zoning Ordinance 1978," as amended
("Zoning Ordinance's 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 previously requested a one-year extension of time to begin
construction of the Proposed Development, which the Village Board granted in Resolution
No. R-21-10, dated April 6, 2021 ("First Extension'); and
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WHEREAS, the Owner has requested that the Village Board approve a further
extension of time for commencement of construction ("Second Extension'; and
WHEREAS, the Village Board has determined that granting the Second 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 SECOND EXTENSION TO.
DEVELOPMENT TIMELINE. Pursuant to Section 12.09-H of the Zoning Ordinance, the
Village Board hereby extends the deadline to begin construction of the Proposed
Development to April 5, 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.
AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: March 21, 2022
APPROVED: March 21, 2022
RESOLUTION NO. R-22-17
Daniel Shapiro, Village Mayor
ATTEST:
5�t- -
Kent S. St eet, Village Clerk
100125447.11
Members of the Village Board of Trustees March 14, 2022
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Re: Extension Request / Development Agreement for Residences of Deerbrook
Dear Mayor Shapiro and Village Trustees,
Last April, the development team for Residences of Deerbrook requested a two- year extension
of all development rights granted under the Ordinance and Development Agreement for the
Residences of Deerbrook, as further described below. At the time, a one-year extension was
granted with instructions that Ownership could return for a second one-year extension, which is
hereby requested.
Approval was granted to Gateway Fairview LLC by the Village Board on June 18, 2019, pursuant
to Ordinance 2019-0-19-17, entitled "An ordinance approving a special use permit for a multi-
family rental apartment and townhome community in the C-2 outlying commercial district, an
amendment to a commercial planned unit development plan, and certain exceptions and
modifications within the planned unit development (10S, 158 S, and 184 S Waukegan Road).
The approved plan calls for a creative development solution for a very challenging parcel which
includes a plan for 246 luxury rental apartments and townhomes to be constructed on the 10-acre
site bounded by highway, active railroad tracks and retail loading docks in the southwestern
portion of the Deerbrook Shopping Center. The resulting attractive, walkable, residential enclave
will be a catalyst for the success of existing and future retail stores at the Deerbrook Shopping
Center. It will also create more diverse housing options (including workforce housing) for the
residents of the Village of Deerfield. However, continued challenges brought on by the COVID 19
pandemic have negatively impacted the economic viability of the project including extreme
increases in construction material costs and long delays due to supply chain interruptions. While
there have been hopeful signs such as strengthening apartment occupancies and strong for -sale
housing demand, the project is not economically viable due to the uncertainty of current conditions
and cannot proceed at this time.
The Development Agreement by and between the Village of Deerfield and Gateway Fairview Inc
dated June 17, 2019, Section 5(B) and 5(G) specifically calls out conditions of a "Single Phase of
Development' and "Completion of Construction" parameters. The conditions cannot currently be
met due to circumstances beyond the Owner's control. It is hereby acknowledged that most of
the demolition of the existing structures has taken place, but construction has halted.
RREEF Management L.L.C. T +1 312 537 7000 The brand DWS represents DWS Group GmbH & Co KGaA and any
of its subsidiaries, such as DWS Distributors, Inc., which offers
222 S Riverside Plaza www.dws.com investment products, or Deutsche Investment Management Americas
Chicago, IL 60606 Inc. and RREEF America L.L.C., which offer advisory services.
If the one-year extension is granted, Ownership and the development team hope to continue to
work with the Village to consider all options that may enable the reactivation/construction of the
proposed plan. Please let us know what additional information we can provide to finalize this
request.
Regards,
Tait J. Pinnow
Director I Value -Add & Development
Alternatives
RREEF Management LLC
Cc: Matt Nix, Reva Development Partners
The brand DWS represents OWS Group GmbH & Co. KGaA and any of its subsidiaries, such as DWS Distributors, Inc., which offers investment products,
or Deutsche Investment Management Americas Inc. and RREEF America L.L.C., Which offer advisory services.
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