To provide an incentive which will encourage the most appropriate use and development of sites in the DMU-1 District, the Village Board of Trustees may allow, following a public hearing following the procedures for zoning amendments, an increased building height within the limits as set forth in
§ 360-2.4A hereof and subject to the provision of specific public benefit features and payment of a fee as specified within
§ 360-5.22: Development incentives and related fees. It may also choose not to allow any such change. Any height incentive granted in the DMU-1 District shall apply to new construction. Floor space within a fourth floor that is added to an existing building shall be considered new construction. Village Board action on such an application shall be taken only after review of the proposed plan by the Planning Board and the Architectural Review Board and recommendation by those Boards to the Trustees. Final site plan approval by the Planning Board shall not occur until after the height incentive determination by the Village Board. The incentive features, and the guidelines for Village Board action, are as described below:
(a) The specific public benefit features for which incentive height increases may be granted in the DMU-1 District are as follows:
[1] The provision of affordable/workforce housing units in excess of the requirements of
Chapter 120: Affordable Housing [the affordable/workforce housing section of the Village ordinances].
[2] The provision of housing units specifically designed for, and limited in occupancy to, senior citizens, with priority for the Village's residents.
[3] The provision of street improvements and parking spaces for short-term use beyond that which is required to serve the specific development proposed and designed to mitigate the problems of traffic and parking congestion in the downtown area.
[4] The provision of special design amenities available for public use and enjoyment which would enhance the function and/or appearance of the downtown, including but not limited to pedestrian linkages, plazas, fountains, artworks, seating and other passive recreation areas, special landscape design features and other such similar improvements; conversely, the removal of existing features which detract from the function and/or appearance of said area, including but not limited to overhead utility lines, unattractive structures and other such features.
[5] The provision of indoor or outdoor recreation amenities available to the general public.
(b) In determining the specific amount of height incentive increase that may be granted in the DMU-1 District, if any, the Village Board, in each case, shall take into consideration the following:
[1] The number, extent and combination of incentive features to be provided.
[2] The need for such specific features in the Village at that time.
[3] The degree of compatibility of such incentive features with the neighborhood in which they are located, taking into consideration the potential effects of noise, traffic, fumes, vibrations or other such characteristics on surrounding streets and properties, the visual impact of the resultant density increase and/or incentive feature applied for and the impact of the proposed development upon access to light, air and vistas known to be important to the community.
[4] The consistency of such incentive features with the Village's Comprehensive Master Plan and related studies and plans adopted by the Village Board of Trustees.
[5] The quality of design of the proposed development as determined by the Architectural Review Board in accordance with
§ 360-5.15C.
[6] The amount of incentive density increase necessary to more than offset the cost of providing the incentive feature(s), thereby creating the incentive for providing such feature(s).
(c) No incentive density increase will be granted for the construction of any improvement which, in the Village Board's opinion, would otherwise be required by this chapter or other applicable regulation.
(d) To assist the Village Board in determining the appropriate amount of height increase in the DMU-1 District, if any, to grant as an incentive for the applicant's provision of the proposed public benefit feature(s), the applicant shall submit an estimate of the cost of providing the proposed feature(s) and the value of the height increase requested. The Village Board may also engage its own independent experts to either separately prepare such analyses or to review those prepared by the applicant. The reasonable cost of such expert assistance shall be reimbursed to the Village by the applicant.
(e) In addition to the foregoing guidelines, the Village Board may take into account other considerations bearing upon the purposes and objectives of this subsection in determining the amount of any height increase in the DMU-1 District.
