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1 i / 19/98 D't�FT OftR_ Fl P 6bo", Ds��I "S akalp, ...�:. ...... - <br />.......... :........ �,_......... <br />1 approval process, unless (i) it can be demonstrated that the information <br />2 presented to the board of aldermen at the master plan approval stage was <br />3 materially false or misleading, (ii) conditions have changed substantially in a <br />4 manner that could not reasonably have been anticipated, or (iii) a basis for <br />5 denial for reasons set forth in Subsection 15- 54(c)(4) is demonstrated by clear <br />6 and convincing evidence. <br />7 <br />8 (6) Subject to Subsection 15- 141.2(f)(5), a master plan approved under this section may <br />9 only be amended in accordance with the provisions applicable to a rezoning of the <br />10 property in question. <br />11 <br />12 SECTION S. Article XI, Part II is amended by adding a new Section 15 -176.2 to read as follows: <br />13 <br />14 Section 15 -176.2 Villaize Mixed Use Developments <br />15 <br />16 (a) In a village mixed use development, a maximum of ten percent of the total gross acreage of <br />17 the tract, or five acres, whichever is less, may be used for purposes permissible in the B -3T or OA districts, <br />18 subject to any conditions or limitations (including limitations on the types of permissible uses) contained in <br />19 the remaining provisions of this section, the Master Plan, or the conditional use permit that authorizes the <br />20 development in question. <br />21 <br />22 <br />(1) <br />Within the portion of the tract developed for commercial purposes, the regulations <br />23 <br />(other than use regulations, which are governed by the provisions immediately above) <br />24 <br />applicable to property zoned B -3T shall apply except as otherwise provided in this <br />25 <br />section or as otherwise allowed by the board of aldermen in the approval of the <br />26 <br />Master Plan or conditional use permit for the development. <br />27 <br />28 <br />(2) <br />The commercial portions of the village mixed use development shall be contained <br />29 <br />within a "storefront use area." This area shall be designed to provide a variety of <br />30 <br />retail shops and services to support the day -to -day needs of village residents and other <br />31 <br />local residents, complemented by other compatible business, civic and residential <br />32 <br />uses in commercial-type buildings in a manner consistent with a small downtown of <br />33 <br />or central market place in the community. <br />34 <br />35 <br />(3) <br />Storefront use areas shall be located so they are easily accessible by pedestrians from <br />36 <br />as much of the residential areas as possible (preferably within 1,500 feet — a five - <br />37 <br />minute walk). Nonresidential uses that are intended or expected to serve an area <br />38 <br />beyond the development itself shall be located to the extent practicable to permit <br />39 <br />vehicular access from outside the development without passing through residential <br />40 <br />streets. <br />41 <br />42 <br />(4) <br />Storefront use areas shall be located at least 200 feet from an arterial street and at least <br />43 <br />one -half mile from the nearest edge of another commercial center. <br />44 <br />45 <br />(5) <br />Parking areas that serve commercial facilities shall be screened with a Type A screen <br />46 <br />from the view of public streets located outside the development. <br />(Page 9 of 33 <br />