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Memorializing the City Council's action of May 4, 2016 denying Nova Classical Academy's appeal of the Planning Administrator's administrative decision granting a minor modification to the Victoria Park Master Plan.
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WHEREAS, on February 8, 2016, Chase Real Estate (“CRE”), pursuant to Leg. Code § 66.344(c) filed an application for a modification of the Victoria Park Master Plan (“VPMP”) for a parcel of land within the VPMP area located at the corner of Kay Avenue and Victoria Way on property located at 763 Kay Avenue, Parcel Identification Number (PIN) 142823210045, legally described as Victoria Park Lot 1 Blk 6; and
WHEREAS, CRE’s sought two modifications of the VPMP: that the building type designation for the subject parcel be changed from townhome to rental apartments (See, VPMP, plate 7) and that the maximum permitted building height for the subject parcel be changed from 40-feet to 49.6-feet (See, VPMP, plate 8); and
WHEREAS, Leg. Code § 66.344(c) allows for the modification of adopted master plans and specifies the process for master plan modification which is dictated by the scope of the proposed modification. Modification proposals deemed “minor” under Leg. Code § 66.344(c) (1) may be approved by the planning administrator. Modification proposals deemed “major” under Leg. Code § 66.344(c)(2), may be approved by the City Council after a review, public hearing, and recommendation from the Planning Commission; and
WHEREAS, the City’s Planning Administrator, reviewed CRE’s modification proposal and determined that each of CRE’s proposed modifications constituted a minor modification as defined under Leg. Code § 66.344(c) (1) and that each modification was consistent with the core design and planning principles noted in the VPMP. In a letter dated February 18, 2016, the Planning Administrator informed CRE that its requests to modify the VPMP was approved; and
WHEREAS, Nova Classical Academy (“NCA”), on February 26, 2016 and pursuant t...
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