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O-82-10r ORDINANCE NO. 0 -82 -10 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 -10 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: Article 12.0 -1 Intent. The following is added as an additional paragraph: "Additionally, it is the intent of this article to permit and encourage the redevelopment of those properties 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 Avenue, on Waverly Court or on Central Avenue. A Village Center/ Residential Planned Unit Development in this area is for the use and development of multiple - family dwellings. Also, a Village Center /Commercial Planned Unit Development is restricted to those properties fronting on the west side of Hoffman Lane or on the north side of Osterman Avenue between Waukegan Road on the East and the right -of -way of the Chicago, Milwaukee, St. Paul and Pacific Railroad on the West. The Village Center /Commercial Planned Unit Development in this area is for the use and development of those properties for office uses or for mixed use structures containing a combination of office uses, commercial uses and /or multiple - family dwellings." The following is added as Article 12.4, Village Center/ Residential Planned Unit Development and subsequent portions of Article 12 are to be renumbered accordingly: "12.4 Village Center /Residential Planned Unit Developments 12.4 -1 Village Center /Residential Planned Unit Devel ments as a Special Use. A Village Center /Residential Planned Unit Development may be approved as a Special Use only in that area of the Village Center formed by those properties which front on the west side of Hoffman Road, on Osterman Avenue, on Waverly Court, or on Central Avenue all lying between Waukegan Road and the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way in accord- ance with the standards and procedures of this article. 12.4 -2 Permitted Uses The permitted uses within a Village Center/ Residential Planned Unit Development shall be limited to multiple family dwellings. 12.4 -3 Accessory Uses and Buildings The permitted accessory uses and buildings in a Village Center /Residential Planned Unit Development shall be limited to the following accessory uses and buildings, as well as similar uses and buildings and as regulated by Article 2, General Provisions. 1. Air Conditioners. 2. Antennas. 3. Conservatories, Private. 4. Fallout Shelters. 5. Fences, as regulated by Article 2, General Provisions. 6. Garages, Carports, and Other Parking Facilities. 7. Home Occupations, as regulated by Article 2, General Provisions. 8. Recreational Vehicles and Equipment, as regulated by Article 2. 9. Signs, as regulated by Article 9, Signs. 10. Swimming Pools and Tennis Courts, for the exclusive use of the residents and their guests. 11. Tool Sheds and Similar Storage Structures. 12. Water Retention and Detention Areas. 13. Vending Machines, Indoors Only. 12.4 -4 Temporary Uses Temporary Uses, buildings or other structures may be allowed subject to the issuance of Temporary Use Permits in accordance with the provisions of Article 11, Temporary Uses and Structures. Those permitted temporary uses shall be limited to the following: 1. Contractor's Office and Equipment Sheds. 2. House and Garage Sales. 3. Real Estate Sales Office and Model. 4. Block Parties and Street Dances. 12.4 -5 Minimum Size of Site A gross minimum area of 25,000 square feet shall be required of each site for consideration for a Special Use, Village Center /Residential Planned Unit Development. Minimum site areas of greater than 25,000 square feet may be required as a condition for authorization of a Village Center /Residential Planned Unit Development. 12.4 -6 Minimum Lot Area For Special Uses, Village Center /Residential Planned Unit Developments, no minimum lot area shall be required. 12.4 -7 Minimum Land Area Per Dwelling Unit. In a Village Center /Residential Planned Unit Develop- ment in the R -5, General Residence District, the following land area per dwelling unit shall be provided: 4000 square feet for each unit with 4 or more bedrooms in multiple family structures. 3500 square feet for each 3 bedroom unit in multiple family structures. 3000 square feet for each 2 bedroom unit in multiple family structures. 2500 square feet for each 1 bedroom or no bedroom unit in multiple family structures. 12.4 -8 Minimum Lot Width A minimum lot width of 90 feet shall be required. 12.4 -9 Minimum Setbacks The following minimum setbacks shall be provided and maintained in a Village Center /Residential Planned Unit Development in the R -5 General Residence District: 1. Between Street and Buildings a. Public Rights -of -Way Buildings shall be set back from the property line not less than 25 feet plus 1 foot by which the building exceeds 30 feet in height. b. Private Street Buildings shall be set back from the curb or street line not less than 25 feet plus 1 foot by which the building exceeds 30 feet in height. 2. Between Buildings The setback of buildings and structures within the site shall take due consideration of public safety, especially with regard to fire hazards, traffic sightlines and access for emergency equipment. 3. Perimeter Setback A yard of not less than 25 feet shall be provided and maintained along the front lot line and along all other exterior boundaries. This yard shall be kept free of buildings, structures, and parking and shall be maintained in landscaping. Excep- tions to these requirements may be recommended by the Plan Commission and approved by the Board of Trustees in accordance with Article 12.4 -14. 12.4 -10 Open Space 1. Minimum Useable Open Space Not less than 20% of the gross area of a Village Center /Residential Planned Unit Development in the R -5, General Residence District shall be devoted to permanent useable open space. 2. Guarantees The Village shall require adequate guarantees to enforce the establishment and continued mainte- nance and improvement of all required open space. 12.4 -11 Maximum Lot Coverage The total ground area occupied by all principal and accessory buildings shall not exceed 35% of the total area of the lot. . 12.4 -12 Maximum Bulding Height No building or structure shall be erected or structur- ally altered to exceed thirty -five (35) feet in height. 12.4 -13 Parking and Loading Adequate off - street parking and loading facilities shall be provided, and in no event shall the parking or loading facilities be less than that required in Article 8, Off- Street Parking and Off- Street Loading, except as hereinafter provided. 12.4 -14 Additional Provisions 1. The Board of Trustees may impose other restric- tions and conditions on a Village Center/ Residential Planned Unit Development in keeping with the general purpose and intent of this Ordinance and the Comprehensive Plan of the Village of Deerfield and in order to facilitate such development, may: a. Vacate streets and public ways as provided - by statute. b. Establish funds for the construction and installation of public improvements in the area and impose as a condition to the approval of any Village Center /Residential Planned Unit Development that the owner or owners contribute to such funds on a propor- tionate basis with the Village or other owner or developer for the cost of construction and installation of public improvements serving and benfitting such proposed Village Center/ Residential Planned Unit Development. Impose as a condition of approval, that the owner(s) shall for a period of up to 10 years, which period may be extended at the sole discretion of the Board of Trustees for an additional five years, deposit in escrow an amount equal to his or their proportionate share(s) of the estimated costs of public improvements provided for in such Village Center /Planned Unit Development or give other security for payment of such costs acceptable to the Board of Trustees,• which may include a suitable letter of credit. The amount of deposit in escrow or the face amount of the letter of credit shall be adjusted following the written request of the Village Engineer on the third, sixth, ninth, and in the event of time extension, the twelfth, anniversary dates of their establishment in accordance with the Engineering News Record Cost Construction Index with the base year being the year said escrow or letter of credit is established. Owner(s) shall comply with the foregoing conditions, if imposed, upon the occurrence of the earlier of the following events. (1) The issuance of a building permit(s) for any part of the Planned Unit Development (2) The development of neighboring property in such a manner as to require the installation of the public improvements included in the Planned Unit Development. 2. The Plan Commission may recommend and the Board of Trustees may modify those provisions of the Village Center /Residential Planned Unit Develop- ment which they believe would be desirable to achieve the objectives of the Village Center/ Residential Planned Unit Development and further may recommend to the Board of Trustees the application of certain Development Incentive Provisions contained elsewhere within this Article 12. Thereafter The Board of Trustees may authorize such exceptions from the Village Center/ Residential Planned Unit Development regulations in the ordinance approving the Village Center/ Residential Planned Unit Development. Said ordinance may provide for such exceptions from the regulations governing setbacks, lot width, parking, landscaping, fencing, screening, and such other regulations as may be deemed desirable to promote the efficient use of the land and desirable overall planning or development. 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 (D) PASSED this 15th day of February A.D., 1982. APPROVED this r5th day of February A.D., 1982. ATTEST: VILLAGE CLEIM VILLAGE PRESIDENT