Request for Council Action
Referred to Council:
December 12, 2016
Subject:
A Resoution for the First Amendment to 515 Roger Williams PUD
Staff Contact:
Charmain Later, Senior Planner
Joel Fontane, Community Development Director
Department:
TITLE:
Community Development
A Resolution Approving a First Amendment to the Development Agreement
between the City of Highland Park and Klairmont Investments, L.L.C.
See RFCA from item #1744
Documents Attached:
1. First Amendment to the 515 555 Roger Williams Development Agreement
2. Exhibit A1-0 Approved Site Plan from Fitzgerald Associates Architects 08-22-2014
3. Revised Site Plan from Fitzgerald Associates Architects 09-07-2016
CITY OF HIGHLAND PARK
RESOLUTION NO.
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF HIGHLAND PARK AND KLAIRMONT
INVESTMENTS, L.L.C.
WHEREAS, Klairmont Investments, L.L.C., an Illinois limited liability company (the
"Developer"), is the record owner of that certain real property consisting of approximately 20,311
square feet and located at the address commonly known as 515-555 Roger Williams Avenue,
Highland Park, Illinois (“Property”); and
WHEREAS, the City is the record owner of: (i) the public alley adjacent to, and
immediately north of, the Property (“Alley”); and (ii) that certain portion of the Roger Williams
Avenue right-of-way adjacent to, and immediately south of, the Property (“Right-of-Way”); and
WHEREAS, the Ravinia Housing Association (“RHA”) is the record owner of that certain
parcel of real property adjacent to, and immediately north of, the Alley, which real property is
commonly known as 735-763 Pleasant Avenue (“Adjacent Property”); and
WHEREAS, on March 9, 2015, the City Council adopted Ordinance No. 34-15, granting,
among other things, a special use permit to the Developer for a planned development for the
property ("Special Use Ordinance"); and
WHEREAS, the easternmost portion of the Adjacent Property is improved with an offstreet parking lot (“Parking Lot”); and
WHEREAS, the City has the right, contingent upon execution of a formal lease agreement
between the City and RHA, to use and occupy the Parking Lot, and operates and maintains the
Parking Lot for public use; and
WHEREAS, the City and the Developer have entered into that certain "Development
Agreement Between the City of Highland Park and Klairmont Investments, L.L.C.," dated March
24, 2015 ("Development Agreement"), which Development Agreement governs the use and
development of the Property in accordance with the Special Use Ordinance; and
WHEREAS, the Development Agreement requires, among other things, that the Developer
(i) demolish the existing buildings on the Property; (ii) construct a new mixed-use development on
the Property, consisting of a 30-unit multiple-family apartment building containing 5,470 square feet
of retail and commercial space on the ground floor; (iii) license, construct, and use the Parking Lot
and a portion of the Alley; and (iv) license and construct the Right-of-Way (collectively, the
"Proposed Development"); and
WHEREAS, pursuant to Articles V and XIV of the “City of Highland Park Zoning
Ordinance of 1997,” as amended (“Zoning Code”), the Developer has filed an application to
amend the Approved Planned Development to: (i) extend by one year the time period within which
the Developer is required to commence construction of the Proposed Development in recognition
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of a delay caused by governmental action without fault of the Developer pursuant to Section
150.560(A)(1) of the Zoning Code; (ii) decrease the number of off-street parking spaces in the
Parking Lot, from 26 parking spaces to 25 parking spaces; and (iii) amend the Developer’s
obligations with respect to the purchase of residential and employee parking permits from the City,
such that these obligations of the Developer will be subject to termination at the City’s option at the
end of each year following the issuance of a certificate of occupancy for the Proposed Development
(“Completion Date”) and will, in any event, terminate as of the tenth anniversary of the
Completion Date (collectively, the “Requested Amendments”); and
WHEREAS, on December 12, 2016, the City Council adopted Ordinance No. _____
(“2016 Amendatory Ordinance”), amending the special use permit granted pursuant to the Special
Use Ordinance in accordance with the Requested Amendments; and
WHEREAS, Section 4.A of the 2016 Amendatory Ordinance requires that the City and the
Developer enter into an amendment to the Development Agreement providing that the Property be
redeveloped and used only in compliance with the Development Agreement, as amended by such
amendment, and the Special Use Ordinance, as amended by the 2016 Amendatory Ordinance; and
WHEREAS, the City and the Developer now desire to amend the Development
Agreement, in accordance with Section 16.L of the Development Agreement to allow for the
development of the Property in accordance with the Requested Amendments (“First Amendment
to the Development Agreement”); and
WHEREAS, the City Council has determined that entering into the First Amendment to
the Development Agreement with the Developer will serve and be in the best interest of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
HIGHLAND PARK, LAKE COUNTY, ILLINOIS, as follows:
SECTION ONE:
RECITALS. The foregoing recitals are incorporated into, and made
a part of, this Resolution as findings of the City Council.
SECTION TWO: APPROVAL OF FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT. The First Amendment to the Development Agreement by
and between the City and the Developer is hereby approved in substantially the form attached to
this Resolution as Exhibit A.
SECTION THREE: EXECUTION OF FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT. The City Manager and the Deputy City Clerk are hereby
authorized and directed to execute and attest, on behalf of the City, the First Amendment to the
Development Agreement upon receipt by the City Clerk of at least one original copy of the First
Amendment to the Development Agreement executed by the Developer; provided, however, that if
the executed copy of the First Amendment to the Development Agreement is not received by the
City Clerk within 30 days after the effective date of this Resolution, then this authority to execute
and attest will, at the option of the City Council, be null and void.
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SECTION FOUR: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the City Council.
:
December 12, 2016
RESOLUTION NO.
Nancy R. Rotering, Mayor
ATTEST:
Ghida S. Neukirch, City Clerk
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