R-21-10VILLAGE OF DEERFIELD
RESOLUTION NO. R-21-10
A RESOLUTION GRANTING A ONE YEAR EXTENSION TO A DEVELOPMENT
SCHEDULE AND APPROVING AN AMENDMENT TO A DEVELOPMENT
AGREEMENT 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's; and
WHEREAS, the Property is located entirely within the 47.45 -acre Deerbrook
Shopping Center Commercial Planned Unit Development ("Deerbrook 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; (iii) 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's 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's 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; (iii) 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 19, 2019 ("Development
Agreement'; and
WHEREAS, pursuant to the Final Approvals, the Village approved a development
schedule for the development of the Property ("Development Schedule'; 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 5.B of the Development Agreement requires the Owner to engage
in the Demolition and construction of the Proposed Development in one continuous phase;
and
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 Development
00119777.1}
Schedule, the Special Use for the planned unit development shall become null and void unless
the Village Board extends the time period for beginning construction; and
WHEREAS, the Owner has requested that the Village Board (i) extend the
Development Schedule and (ii) approve an amendment to the Development Agreement
Development Agreement Amendment's to permit the Proposed Development to be
constructed in a two-phase development; and
WHEREAS, the Village Board has determined that extending the Development
Schedule and approving the Development Agreement Amendment 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
SCHEDULE. 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,
2022 (`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: APPROVAL OF DEVELOPMENT AGREEMENT
AMENDMENT. The Development Agreement Amendment by and between the Village and
Owner is hereby approved in substantially the form attached to this Resolution as Exhibit
A, and in a final form to be approved by the Village Manager and the Village Attorney.
SECTION FOUR: EXECUTION OF DEVELOPMENT AGREEMENT
AMENDMENT. The Village Mayor and the Village Clerk are hereby authorized and
directed to execute and attest, on behalf of the Village, the Development Agreement
Amendment upon receipt by the Village Clerk of at least one original copy of the
Development Agreement Amendment executed by Owner; provided, however, that if the
executed copy of the Development Agreement Amendment is not received by the Village
Clerk within 30 days after the effective date of this Resolution, then this authority to execute
and attest will, at the option of the Village Board, be null and void.
SECTION FIVE: 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]
00119777.1}
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 5, 2021
APPROVED: April 6, 2021
RESOLUTION NO. R-21-10
Harriet Rosenthal, Village Mayor
ATTEST:
Kent S. St eet, Village Clerk
00119777.1}
Y
r
s.
00119777.1}
I.i:11Ill w W.11
DEVELOPMENT AGREEMENT AMENDMENT
00119777.1}