9638-05 Annexation Orange Road - Waggoner's Dairy Farms Phase II - District 1

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Portage Prairie Planned Unit Development February 9, 2005 (4) Construction Standards for Sidewalks and Trails. (a) Sidewalks shall be constructed in compliance with the standards of the City of South Bend. (b) Trails may be constructed of concrete, asphalt or other material approved by the Area Plan Commission and installed in compliance with the requirements specified by the Area Plan Commission. (c) When a portion of the Overall Trail System coincides with the location of a sidewalk, the construction standards approved by the Area Plan Commission for trails shall apply. (d) Under circumstances considered appropriate by the Area Plan Commission or when approved for use as part of a Secondary Approval, an alternative trail maybe proposed in lieu of sidewalks. Trails may be located in easements reserved for such use outside of the street right-of-way. 10. Administration. a. Parcel by Parcel Determination of Permitted Uses and Development Standards. (1) General - A series of permitted use groupings are identified for each of the four (4) quadrants of Portage Prairie. Some of those permitted use groupings identify more than one set of applicable development standards. At the time of filing for Secondary Approval for an individual parcel, as required by Section 21-OS (c) (5) of the South Bend Zoning Ordinance, the applicant shall specify the permitted use grouping to be utilized for a given site and shall specify the applicable set of development standards. (2) Similar and Comparable Uses - It is recognized that the permitted use provisions of this Preliminary Plan may require interpretation to assign all permitted land uses to the appropriate Areas. Therefore, any land use which is not specifically set forth in this Preliminary Plan shall be reviewed by the Executive Director for consistency with the intent set forth for each Area (i.e., A, B, C or D) and for compatibility with land use characteristics typical of land uses permitted within those Areas. The Executive Director shall then determine if the proposed use is appropriate for the Area in question. (3) Uses Not Specified -Notwithstanding the provisions of paragraph 4., c., above, for the Opportunity Site within Area D to the contrary, if it is determined by the Executive Director that a particular use is not permitted in any Area provided for in this Preliminary Plan, then such use shall be deemed to require a rezoning to an appropriate zoning classification. 7 INIMAN2 902256v5