07-13-09 Common Council Meeting Agenda & Packet

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k. Section 21-08.01: Special Regulations for Wireless Telecommunications Facilities applicable~to surface-mounted orroof-mounted applications of telecommunication antenna on existing buildings or structures (the construction of new, freestanding telecommunication towers shall be prohibited within Eddy Street Commons; 1. Section 21-08.02: Special Regulations for Controlled Uses; m. Section 21-08.03: Special Regulations for Residential Facilities for the Mentally Ill; and, n. Section 21-11.2: Definitions. The terms or words used in the text of this Preliminary Plan shall have the meanings set forth in Section 21-11.02: Definitions of the South Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase. 19. Architectural Review Board. An Architectural Review Board ("ARB") comprised of three members, one appointed by Kite Realty Group, one appointed by the University of Notre Dame, and one appointed by the City of South Bend Common Council, shall be established for Eddy Street Commons. The ARB shall review plans for all initial building construction for consistency and compatibility with the architectural themes and character established for Eddy Street Commons. All plans filed for initial development within Eddy Street Comments shall include the written approval of the ARB. The Master Plan Concept Book filed with the Area Plan Commission, although not part of this PUD Ordinance, provides representations as to the quality and nature of the proposed development. The architecture of the project will maintain it's general style, quality and integrity of design from information presented to the Council to date. 20. Administration. a. Parcel by Parcel Determination of Permitted Uses and Development Standards. (1) 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 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. (2) Uses Not Specified - 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 new petition for zone map change.