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Jan -12 -99 12:39P Too of Carrbovo 9168 7737 P.13 <br />modifications and conditions as the Board may impose in the <br />exercise of its legislative discretion. <br />(4) If the applicant submits a conditional use P?W . lication (rather <br />than a proposed master plan) with the Vl .n�to g application, <br />then:: <br />a. The rezoning applicatitutd conditional use permit <br />application shall be reviewed concurrently by the board of <br />aldermen according to the same procedures and in <br />accordance with the same standards applicable to other <br />conditional use permit applications; and <br />b. The Board may not approve the VMU rezoning application <br />unless it simultaneously approves the conditional use permit <br />application for the development of the property, which <br />conditional use permit may be approved subject to remnable <br />conditions and roquirements as set forth in Section 15 -59. <br />(5) If a VMU rezoning application is approved with a master plan (rather <br />than a conditional use permit), approval of the master plan under this <br />section does not obviate the need to obtain a conditional use permit <br />for the village mixed use development in accordance with the <br />provisions of Section 15 -176.1 of this chapter. <br />U. In addition to other grounds for denial of a conditional use <br />permit application under this chapter, a conditional use <br />permit for a village mixed use development may be denied <br />on the basis that the application is inconsistent with the <br />approved master plan. However, if the conditional use <br />permit is approved, the board of aldermen shall be deemed to <br />have amended the master plan to bring it into conformity <br />with the conditional use permit. <br />b. No conditional use permit for a village neighborhood mixed <br />use development may be denied for reasons set forth in <br />Subsection 15- 54(c)(4) if the basis for such denial involves <br />an element or effect of the development that has previously <br />been specifically addressed and approved in the master plan <br />approval process, unless (i) it can be demonstmted that the <br />information presented to the board of aldermen at the master <br />Plan approval stage was materially false or misleading, (ii) <br />conditions have changed substantially in a manner that could <br />not reasonably have been anticipated, or (iii) a basis for <br />denial for reasons set forth in Subsection 15- 54(e)(4) is <br />demonstrated by clear and convincing evidence. <br />