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Development Agreement Conditions
In an effort to have the Browning Plaza development remain compatible to the permanent
residential uses located on its boundaries, the applicant would like to propose the construction of
a combination wall/landscape berm adjacent to the entire western and northwestern boundaries
of the development. With this addition, the following conditions are hereby requested to be
included in the development agreement with regards to the uses/allowances adjacent to these
areas.
• A solid, masonry wall -landscape berm shall be constructed along the entire western and a
portion of the northwestern boundaries of the property adjacent to permanent residential
uses. The design of the wall/berm will be worked out between the developer and the
Planning Department.
• Conditional Use Permit approval is required for all restaurant uses proposed along the
western and northwestern boundaries adjacent to permanent residential uses.
• Drinking establishments and drive-thru uses shall be prohibited along the western and
northwest property boundaries adjacent to permanent residential uses.
• With the exception of the hotel, hours of operation for businesses along the western and
northwest property boundaries adjacent to permanent residential uses are limited to 11
p.m. (unless the adjacent uses are changed into non-residential uses).
• All structures proposed on the site over 100,000 square feet that are within 300 feet of a
residential district or use shall obtain conditional use permit approval.
• All structures along the west and northwest property boundaries adjacent to existing
residences shall be limited in height to two stories and shall have a minimum setback of
25 feet adjacent to the existing residences (unless the adjacent uses are changed into non-
residential uses, with the exception of the proposed hotel. If a hotel is built at the
southwest corner of the site as depicted on the concept plan, a 25 foot setback shall be
required for the first story, a 100 foot setback shall be required for the 2nd Story, and a
200 -foot setback shall be required for anything greater than 2 stories, adjacent to existing
residences.
It is further requested that all additional recommended conditions in the development agreement
regarding uses/design along the western and northern boundaries be removed, and that the
allowed uses within the C -G zoning district be allowed on this entire property, unless previously
conditioned (uses requiring CUP in the C -G zone would still require CUP approval).