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16 <br />1 under this chapter, 'a conditional use permit fora .village mixed use <br />2 development may be denied on the basis that the application is inconsistent <br />3 with the approved master plan. However, if the conditional use permit is <br />4 approved, the board of aldermen shall be deemed to have amended the master <br />5 Plan to bring it into conformity with the conditional use permit. <br />6 <br />7 ~ b. No conditional use permit for a village neighborhood mixed use development <br />8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for <br />9 ~ such denial involves an element or effect of the development that has <br />10 previously been specifically addressed anti approved in the master plan <br />11 ~ approval process, unless (i) it can be demonstrated that the information <br />12 presented to the board of aldermen at the master plan approval stage was <br />13 materially false or misleading, (n~ conditions have changed substantially in a <br />14 manner that could not reasonably have been anticipated,. or (iu~ ~ a basis for <br />15 denial for reasons set forth in Subsection 15-54(cx4) is demonstrated by clear <br />16 and convincing evidence. <br />17 <br />18 (6) Sub}ect to Subsection 15-141.2(fl(5), a master plan approved under this section may <br />19 only be amended in accordance with the provisions applicable to a rezoning of the <br />20 Properly in question- . <br />21 <br />22 SECTION S. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows: <br />23 <br />24 Section 15-176.2 Village ATxed Use Developments <br />25 <br />26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of <br />27 the tract, or five sores, whichever is less, may be used for purposes permissible in the B-3T or OA districts, <br />28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in <br />29 the remaining provisions of•this section, the Master Plan, or the conditional use permit that authorizes the <br />30 development in question. <br />31 <br />32 (1) Within the .portion of the tract developed for commercial purposes, the regulations <br />33 (other than use regulations, which are governed by the provisions immediately above) <br />34 applicable to property zoned B-3T shall apply except as otherwise provided in this <br />35 section or as otherwise allowed. by the board of aldermen in the approval of the <br />36 Master Plan or conditional use permit for the development <br />37 <br />38 (2) The commercial portions of the village mixed use development shall be contained <br />3 9 ~ _, within a "storefront use area." This area shall be designed to provide a variety of <br />40 `_~etail shops and services to support the day-today needs of village residents and other <br />41 ~ 'local residents, complemented by other compatible business, civic and residential <br />42 uses in commercial-type buildings in a manner consistent with a small downtown of <br />43 or central market place inthe commurnty. <br />44 . <br />45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from <br />46 ~ as much of the residential areas as possible (preferably ~ within 1,500 feet - a five- <br />Nwn. o..rae <br />