(A) Land use permitted within the MXD District. General land use type and location shall be established by the County Council in concept at Phase I and specifically by the Planning Commission through site development plan review at Phase II. Land uses permitted within the MXD District are limited to:
(1) Residential. Medium density and high density residential uses including single family, townhouse, and multifamily. Residential land uses shall be permitted within the limited industrial and office research industrial land use designations only as identified within the Comprehensive, Community, or Corridor Plan.
(2) Commercial. Those uses permitted within the General Commercial Zoning District Except for the following: auction house, lumber yard, mobile home sales, boat sales and service, farm equipment sales and service, carpentry, electric, plumbing, welding, printing and upholstering establishments, fencing/pool/siding contractors, agricultural products processing, bottling plant, stone monument processing and sales, bus depot, animal auction sales, and racetrack.
(3) Employment. Employment shall be limited to those uses permitted within the Office Research Industrial Zoning District.
(4) Institutional. Institutional uses shall be limited to recreational and community activities, public services and facilities, health care facilities, schools, and institutional uses as provided within § 1-19-5.310 Use Table.
(5) Uses which are customary, accessory or associated with permitted uses as provided within this chapter, or those accessory uses specifically approved by the Zoning Administrator.
(B) Land use mixture within the MXD District.
(1) Land use mixture within the MXD District shall be established by the County Council at Phase I in accordance with the following:
Land Use | Minimum Percentage of Total Project | *Maximum Percentage of Total Project |
Land Use | Minimum Percentage of Total Project | *Maximum Percentage of Total Project |
Residential | n/a | 25% gross project acreage |
Commercial (where project includes residential component) | n/a | 25% gross project acreage |
Commercial (Where project does not include residential component) | n/a | 45% gross project acreage |
Combined commercial and residential portions of the MXD | n/a | 40% gross project acreage or 50% of the gross project acreage , whichever is less |
Open space/green area | 20% of total area devoted to commercial and employment/industrial uses | n/a |
30% of total area devoted to residential uses | ||
*Maximum percentage of total project is exclusive of FEMA floodplain boundaries, including 25-foot floodplain buffer, priority forest conservation and forestation areas as listed under § 1-21-40(B), jurisdictional wetland boundaries and 25-foot buffers, hydrography, including perennial and intermittent streams and stream body buffer setback, steep slopes (over 25%) associated with hydrological features and/or erodible soils. | ||
The remainder of the site shall be used for employment, civic/institutional, and cultural uses. | ||
(2) A mixture of residential and commercial/employment land uses shall be provided within the MXD District where applied to areas reflecting a County Comprehensive Plan land use designation of Mixed Use Development. The proposed development shall provide a mixture of land uses consistent with applicable County Community or Corridor Plans.
(3) The County Council may require public parks and recreation facilities in addition to open space/green area. (See also § 1-19-10.500.8(A).)
(4) A reduction of not more than 50% of the open space/green area requirement may be granted where the County Council finds that open space/green area requirements are met through the use of low impact development techniques, environmental site design techniques, open space green area located in close proximity to the proposed development (to include public park facilities), or a combination thereof. (See also § 1-19-10.500.8(A)).
(C) Building square footages will be used to determine the land use percentages within mixed-use buildings.
(D) The County Council may in its sole discretion, deny, reduce, or increase the size, type, location, and/or mixture of the various land use components if the County Council determines that the change is appropriate for the site or overall area of the MXD and necessary to achieve the purpose and intent of the MXD District.
(E) As part of Phase II execution, the Planning Commission may approve minor modifications to individual land use location (such as single-family detached, duplex, or townhouse), provided that the location of the overall land use component (residential) within the site has not been modified. Any change in the amount or percentage mix of commercial and/or residential development of a MXD project having Phase I approval, must be approved by the County Council as a new Phase I application.
(F) Design requirements: density, setbacks, and height within the MXD District.
(1) Density.
(a) Gross density within a MXD District including residential dwelling units shall be established by the County Council at Phase I.
(b) The maximum density of the MXD shall be established at Phase I by the County Council after review and evaluation of the following factors:
1. Existing and planned availability of public facilities and utilities.
2. Access to existing or planned transportation networks with consideration that the highest density commercial, employment, and residential developments should be located near access to major thoroughfares, public transportation systems, and transit hubs to facilitate smart growth principles and compact development.
3. The physical characteristics of the site proposed for development with particular emphasis on development constraints which may restrict achievable density and dwelling type, including natural features such as FEMA floodplain boundaries, including 25-foot floodplain buffer, priority forest conservation and forestation areas as listed under § 1-21-40(B), jurisdictional wetland boundaries and 25-foot buffers, hydrography, including perennial and intermittent streams and stream body buffer setback, steep slopes (over 25%) associated with hydrological features and/or erodible soils.
4. The shape of the site proposed for development.
5. The design of the proposed development.
6. Any other relevant information that may have a bearing on the achievable density of the proposed development.
(c) Planned Development Districts are subject to the MPDU requirements set forth in this chapter. Density bonus will be determined as part of the Phase I review process.
(d) Where a portion of the tract of land receiving the MXD District reflects the natural resource land use designation the density may be calculated based on the combined area of the land use designations. (See also § 1-19-10.500.9(B)(2).)
(2) Setbacks and height. Setbacks and height shall be established by the Planning Commission at Phase II consistent with the general development standards as provided in § 1-19-10.500.9, reflecting the proposed development pattern and land use within the Phase I project concept plan or portion thereof, reflecting the location of the project within the county with consideration of the existing development pattern surrounding the proposed development, and consistent with the appropriate community and corridor plans.
(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)