4B.2 Mixed Use District (MU)
4B.2.13 Modifications to the Development or Phasing Plans
The standards for modifications of the Development Plans or Phasing Plans are similar to standards found elsewhere in this ordinance. A new traffic impact analysis may be required if the applicant proposes changes which adversely impact traffic. However, some flexibility is allowed because the long term nature of a mixed use development may transcend market changes. Where a conflict occurs with other Sections of this ordinance, the provisions listed below shall apply.
| 1. | DRB Approvals.Modifications approved by the Development Review Board (DRB). However, in granting the MU district, the Governing Body may limit these approval powers for certain components of the Development or Phasing Plan: | |||
| A. | Changes in an identified use to another use in the same category and located in the internal area of the project. | |||
| B. | Modifications in the Phasing Plan which do not impede the goal of achieving the intended mix of uses. | |||
| C. | Modifications to the pedestrian or open spaces which increase the amount of space or which provide new pedestrian or open space in the general vicinity which offsets the lost space. | |||
| D. | Minor changes to the design themes which maintain or improve the same motif included in the original approval. | |||
| E. | Reductions in heights of buildings where the buildings are less than 90 feet in height. | |||
| 2. | Governing Body Approvals.Modifications approved by the Governing Body but not requiring a public hearing: | |||
| A. | Changes in location for approved uses. (This change reduces (DRB powers.) |
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| B. | Significant changes to public spaces or elimination of walkways which access public spaces. | |||
| C. | Reductions in the amount of pedestrian or open space with an increase in building floor area. | |||
| D. | Changes to phasing or design themes not eligible for approval by the DRB. | |||
| E. | Any change in the height of buildings that are 90 feet or more in height. Any increase in height of other buildings where height has been identified on an adopted plan. (Generally, buildings between 35 and 90 feet) | |||
| 3. | All other changes to the Development Plan may be accomplished by resubmittal of a Plan which meets the requirements of Section 4B.2.8 and Governing Body approval with a Public Hearing. Changes to Site Plans shall conform to requirements for Site Plan revisions found elsewhere in this ordinance. | |||
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