A. Exceptions to Subdivision and District Regulations. All planned developments are subject to the underlying district regulations unless an exception is specifically granted. The Planned Development Commission may recommend, and the Village Council may grant, exceptions to the otherwise applicable subdivision regulations and underlying zoning district use, lot, space, bulk, yard, and parking regulations. In addition to the standards in Section 17.58.110 of this Chapter, the following standards shall be considered in reviewing any request for exceptions to the subdivision or underlying zoning district use, lot, space, bulk, yard, and parking regulations, as each standard may be applicable:
1. The proposed exception will enhance the overall quality of the development, the design of the structures, and the site plan to further the goals and objectives of the Comprehensive Plan and the Design Guidelines;
2. The proposed exception will enable the development to offer environmental and pedestrian amenities available to all residents of the Village;
3. The proposed exception will not cause an adverse impact on neighboring properties that outweigh the public benefits of the development;
4. The proposed exception will contain a proposed design and use, or combination of uses, that will complement the character of the surrounding neighborhood; and
5. The proposed exception will provide a public benefit to the Village, as described in Section 17.58.120.B of this Code.
B. Compensating Benefits. Applicants for planned development approval are required to provide the Village with compensating benefits in return for the Village granting exceptions in accordance with this Section 17.58.120. The purpose of compensating benefits is to advance the Village's physical, cultural, environmental, and social objectives in accordance with the Comprehensive Plan and other plans and policies. Redevelopment often brings with it the need to provide exceptions from the regulations but to also make sure that the Village is receiving public benefit in return for providing those exceptions by requiring additional compensating benefits to the residents in that area or to the community as a whole. Prior to proposing a compensating benefit, the applicant is required to consult with Village staff and other public entities, as deemed necessary by the Village. The following is a non-exclusive list of examples of design elements and amenities that may be considered compensating benefits:
1. The provision of community amenities for public use, such as plazas, malls, formal gardens, places to congregate, outdoor seating, and pedestrian facilities;
2. The preservation of existing historic features;
3. The dedication and provision of public open space and public recreational amenities, such as recreational open space, including accessory buildings, jogging trails, playgrounds, and similar recreational facilities;
4. The adaptive reuse of existing buildings;
5. The provision of public car and/or bike share facilities;
6. The provision of off-street public parking spaces;
7. The provision of affordable housing units;
8. The incorporation of building and site elements that enhance the environment and increase sustainability; and
9. The provision of uses, spaces, or infrastructure that provide a benefit to the public and which there is a demonstrated public need.
(MC-2-2019, Added, 054/25/2019)