Agenda - 05-04-1999 - 7a - Laserfiche WebLink

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2/i 9/1999 DRAFT COPY OF PROPOSED NSA ORDINANCE 1 under this chapter, a conditional use .permit for a village mixed use 2 development may be denied on the basis that the application is inconsistent 3 with the approved master plan. However, if the conditional use permit is 4 approved, the boazd of aldermen shall be deemed to have amended the master 5 plan to bring it into conformity with the conditional use permit. 6 7 b. No conditional use permit for a village neighborhood mixed use development 8 may be denied for reasons set forth in Subsection 15-54(c)(4) if the basis for 9 such denial involves an element or effect of the development that has 10 previously been specifically addressed and approved in the master plan 11 approval process, unless (i) it can be demonstrated that the information 12 presented to the boazd of aldermen at the master plan approval stage was 13 materially false or misleading, (ii) conditions have changed substantially in a 14 manner that could not reasonably have been anticipated, or (iii) a basis for 15 denial for reasons set forth in Subsection 15-54(c)(4) is demonstrated by clear 16 and convincing evidence. 17 18 (6) Subject to Subsection 15-141.2(f)(5), a master plan approved under this section may 19 only be amended in accordance with the provisions applicable to a rezoning of the 20 property in question. 21 22 SECTION 5. Article XI, Part II is amended by adding a new Section 15-176.2 to read as follows: 23 24 Section 15-176.2 Village Mixed Use Develon_ ments 25 26 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of 27 the tract, or five acres, whichever is less, may be used for purposes permissible in the B-3T or OA districts, 28 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in 29 the remaining provisions of this section, the Master Plan, or the conditional use permit that authorizes the 30 development in question. 31 32 (1) Within the portion of the tract developed for commercial purposes, the regulations 33 (other than use regulations, which aze governed by the provisions immediately above) 34 applicable to property zoned B-3T shall apply except as otherwise provided in this 35 section or as otherwise allowed by the board of aldermen in the approval of the 36 Master Plan or conditional use permit for the development. 37 38 (2) The commercial portions of the village mixed use development shall be contained 39 within a "storefront use area." This area shall be designed to provide a variety of 40 retail shops and services to support the day-to-day needs of village residents and other 41 local residents, complemented by other compatible business, civic and residential 42 uses in commercial-type buildings in a manner consistent with a small downtown of 43 or central mazket place in the community. 44 45 (3) Storefront use areas shall be located so they are easily accessible by pedestrians from 46 as much of the residential areas as possible (preferably within 1,500 feet - a five- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9 of 3S