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I under this chapter, a conditional use permit for a 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 and 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, (ii) conditions have changed substantially in a <br />14 manner that could not reasonably have been anticipated, or (iii) a basis for <br />15 denial for reasons set forth in Subsection 15- 54(c)(4) is demonstrated by clear <br />16 and convincing evidence. <br />17 <br />18 (6)- Subject to Subsection 15- 141.2(f)(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 property in question. <br />21 <br />22 SECTION S. Article XI, Part H is amended by adding a new Section 15 -176.2 to read as follows: <br />23 <br />24 Section 15 -176.2 Village Mixed 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 acres, 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 <br />(1) Within the portion of the tract developed for commercial purposes, the regulations <br />33 <br />(other than use regulations, which are governed by the provisions immediately above) <br />34 <br />applicable to property zoned B -3T shall apply except as otherwise provided in this <br />35 <br />section or as otherwise allowed by the board of aldermen in the approval of the <br />36 <br />Master Plan or conditional use permit for the development. <br />37 <br />38 <br />(2) The commercial portions of the village mixed use development shall be contained <br />39 <br />within a "storefront use area." This area shall be designed to provide a variety of <br />40 <br />retail shops and services to support the day - today needs of village residents and other <br />41 <br />local residents, complemented by other compatible business, civic and residential <br />42 <br />uses in commercial -type buildings in a manner consistent with a small downtown of <br />43 <br />or central market place in the community. <br />44 <br />45 <br />(3) Storefront use areas shall be located so they are easily accessible by pedestrians from <br />46 <br />as much of the residential areas as possible (preferably within 1,500 feet — a five- <br />........................................................................-.................................................................................... ............................... _. _........................................... ............................... <br />41age 9 of 35 <br />