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O-82-12ORDINANCE NO. 0 -82 -12 . AN ORDINANCE AMENDING ARTICLE 12 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Published in pamphlet form this 15th day of February , 1982, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0-82-12.. AN ORDINANCE AMENDING ARTICLE 12 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD WHEREAS, the Plan Commission of the Village of Deerfield has heretofore. held a public hearing on the application of the Corporate Authorities of the Village of Deerfield to consider certain text amendments to the Zoning Ordi- nance relative to facilitating orderly development of the Village Center; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was, in all respects, held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence adduced, made written findings of fact and recommended adoption of said amendments; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the recommendation of the Plan Commission will serve the best interests of the Village of Deerfield. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Article 12 of the Zoning Ordinance of the Village of ONE: Deerfield, as amended, be and the same is further amended as follows: The following is added as Article 12.7 Development Incentive Provisions and subsequent portions of Article 12 are to be renumbered accordingly: "12.7 Development Incentive Provisions 12.7 -1 Purpose and Intent In order to promote the goals and objectives of the Village's Comprehensive Plan, certain development incentive provisions are established for the area formed by those proerties lying between the Chicago, Milwaukee, St. Paul, and Pacific Railroad right -of -way and Waukegan Road, which properties front on the west side of Hoffman Lane, on Osterman, on Waverly Court, or on Central Avenue. Those provisions are established to further the following specific purposes: 1. To provide an incentive for the redevelopment of this area utilizing the Village Center /Residential PUD procedures for the use and development of multifamily dwellings. 2. To provide for the redevelopment of the area formed by those properties between the Chicago, Milwaukee, St. Paul, and Pacific Railroad right - of -way and Waukegan Road, which properties front on the wet side of Hoffman Lane, or on the north side of -Osterman utilizing the Village Center/ Commercial Planned Unit Development procedures for the use and development of those properties for any office uses and for mixed use structures containing office uses and multifamily dwellings. 3. To provide good access, both pedestrian -and vehicular, to the properties- throughout the area and to the commercial areas to the north and east. 4. To provide pedestrian amenities and open space in order to produce a more attractive-area. In furthering the above, three specific categories of public amenities will be considered in determining the amount of development incentives to be given: 1. Open space amenities which could include wider setbacks than those required, public plazas and parks, enclosed parking, or other items which would serve to increase the amount and quality of useable open space in a particular development. 2. Traffic and pedestrian amenities which would serve to enhance the traffic and pedestrian flow which could include open arcades, wider sidewalks, or interconnections with surrounding developments. 3. Use amenities which include developing properties with those uses designated in the Village's Com- prehensive Plan and specifically developing a lot as part of the development, which lot by reason of its location between other parcels under common ownership, would otherwise be rendered undevelop- able. 12.7.2 Maximum Development Incentives Allowed Modification of the bulk, height, and setback require- ments are possible, but in no event shall the incen- tives permit development in excess of the following limitations: 1. The maximum building height is limited to 55 feet. 2. The maximum ground coverage permitted if the majority of the required parking is provided within the building shall not exceed 50 %. 3. The maximum reduction in required setbacks shall be limited to that which is necessary to provide adequate fire protection for the particular building proposed. 12.7.3 Criteria In determining the extent of development incentives to be granted for the inclusion of any amenity, the fol- lowing are to be considered: 1. The amount of floor area by which the total floor area of the building is reduced due to the inclu- sion of the amenity. 2. The direct construction cost of the amenity. 3. The amount of continuing maintenance required for the amenity. 4. The degree to which the inclusion of the amenity furthers the objectives of the Village Center/ Residential Planned Unit Development District or the Village Center /Commercial Planned Unit Development District. 12.7.4 Procedure 1. Application Development incentives may be approved and author- ized by ordinance as part of the Special Use granted for either Village Center /Residential Planned Unit Development or a Village Center/ Commercial Planned Unit Development in accordance with the standards and procedures outlined in Article 12, Planned Unit Developments. Applications for development incentives will be made in conjunction with the application for the approval of the Planned Unit Development. Such application will include any plans and drawings and documentation necessary to determine the amount of development incentives to be given. 2. Recommendation of the Plan Commission The Plan Commission shall recommend to the Board of Trustees the extent of development incentive provisions to be given as part of their recommen- dation concerning the Preliminary Development Plan for the Planned Unit Development. I 3. Board of Trustees Action The Board of Trustees the Plan Commission's of its Preliminary procedure. 12.7.5 Guarantees shall consider and act upon recommendation in the course Development Plan approval The Plan Commission may recommend and the Board of Trustees may impose such conditions as they deem appropriate upon the Applicant for development incen- tives to insure that the furnishing of and future maintenance where applicable of the amenities forming the basis of the development amenities are insured.. Said conditions may include provisions for restrictive covenants and the posting of surety bonds, escrow deposits or similar financial guarantees to achieve these objectives. Failure of an applicant to comply with such conditions may result, at the discretion of the Board of Trustees, in either the denial of develop- ment incentives or, if subsequent to development, termination of the Special Use Permit. SECTION That the Village Clerk is hereby directed to publish this TWO: Ordinance in pamphlet form. SECTION That all ordinances or parts of ordinances in conflict herewith THREE: are, to the extent of such conflict, hereby repealed. SECTION That this Ordinance shall be in full force and effect from and FOUR: after its passage, approval and publication, as provided by law. AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York. (6) NAYS: None (0) ABSENT: None (0) PASSED this 15th day of February A.D., 1982. APPROVED thisl5th day of February A.D., 1982. "VILLAGE PRESIDENT ATTEST: VILLAGE CLERK