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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 {00128456.1) 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] {00128456.11 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 n, Mayor Pro Tem ATTE : _, kz- �' <9�t— Kent S. Street, Villagb Clerk 100128456.11 1es0 Q � 2 CRM % PROPERTIES GROUP, LTD. & a O Oa 740 WAUKEGAN ROAD, SUITE 300, DEERFIELD, ILLINOIS 60015 847/948-6500 FAX 847/948-7010 y 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