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R-23-17VILLAGE OF DEERFIELD RESOLUTION NO. R-23-17 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'); 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; (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's for a multi -family rental apartment community (collectively, the "Final Approvals'5; 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; (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 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 {00125447.1) WHEREAS, the Owner subsequently requested another one-year extension of time to begin construction of the Proposed Development, which the Village Board granted in Resolution No. R-22-17, dated March 21, 2022 ("Second Extension'); and WHEREAS, the Owner has requested that the Village Board approve a further extension of time for commencement of construction ("Third 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 THIRD 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, 2024 (`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, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: April 3, 2023 APPROVED: April 3, 2023 RESOLUTION NO. R-23-17 Daniel Shapiro, Village Mayor ATTEST• ��_ :61V Kent S. Street, Villagd Clerk {001.25447.1) Members of the Village Board of Trustees March 13, 2023 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 one-year extension of all development rights granted under the Ordinance and Development Agreement for the Residences of Deerbrook, as further described below. We are requesting an additional a one-year extension. 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. If the one-year extension is granted, Ownership hopes to work with the Village to consider all options that will 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 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.