Board agrees to draft amendment extending developer's zoning approval period for 922 School Street

Village staff and the purchaser’s representatives asked the Committee of the Whole on Jan. 13 for additional time to secure zoning entitlements tied to a purchase and sale agreement for surplus village property at 922 School Street.

Village Manager Erp Mode said the original purchase and sale agreement included a period for the applicant to obtain governmental approvals (an initial 180‑day period plus two optional 30‑day extensions). Staff told the board that the initial period plus one 30‑day extension had elapsed and that the second optional extension would soon expire. The applicant has submitted materials for a Plan & Zoning Commission public hearing scheduled for the coming Wednesday, but needs more time to obtain the zoning approvals required to proceed to closing.

Zach Blair, an attorney for BSP 3 LLC (the contract purchaser), told the board the developer has continued to work with staff and requested more time to resolve outstanding design and code items. "We're here simply to request an extension of time under the contract in order to keep working through those issues that we have been working through with staff," Blair said. Blair advised the board that the zoning‑approval period in the contract technically expires on Feb. 3 and asked the village to extend that date to April 8 to accommodate the pending public‑hearing schedule.

Village staff described ongoing design review conversations and said staff has provided recommendations on townhome design elements, pedestrian entries and exterior materials intended to elevate the project’s appearance. Director Elias and Community Development staff said they expect additional design refinements to be discussed at the Plan & Zoning Commission hearing and during subsequent review cycles.

Trustees generally expressed support for granting the extension but emphasized that the village expects a high‑quality downtown design. Trustee Mullin said he remained concerned about rhetoric used during debate and urged civility; Trustee Greco and Trustee Lesniak urged use of the pending extension as leverage to secure improved design elements. Several trustees said they were comfortable giving the developer more time to resolve issues with staff, so long as the village’s design expectations were clearly stated.

Village Manager Erp Mode summarised that staff will prepare a proposed first amendment to the purchase agreement to extend the zoning‑approval period to April 8, 2025 for board consideration. That amendment will be placed on the Feb. 3 village board meeting agenda for final action.

What’s next: staff will forward the draft first amendment extending the zoning entitlement period to April 8, 2025, and the Plan & Zoning Commission will hold a public hearing on the applicant’s submittal. The board noted that, although extensions are permissible under the sale agreement, the village can withhold final approval if the submitted design does not meet code and the village’s downtown design expectations.