§ 27-544. Regulations.

(a)

Except as provided in Subsections (b) and (c) of this Section, additional regulations concerning the location, size, and other provisions for all buildings and structures in the M-X-T Zone are as provided for in Divisions 3 and 4 of this Part, General (Part 2), Off-Street Parking and Loading (Part 11), Signs (Part 12), and the Landscape Manual.

(b)

Except as otherwise specified in this Division, where an approved Conceptual Site Plan imposes certain regulations related to the location, density, coverage, and height of improvements that are intended to implement recommendations for mixed-use development within a comprehensive master plan or general plan, such standards shall provide guidance for the development regulations to be incorporated into the Detailed Site Plan.

(c)

For property placed in the M-X-T Zone through a Sectional Map Amendment or through a Zoning Map Amendment intended to implement land use recommendations for mixed-use development recommended by a Master Plan or Sector Plan that is approved after October 1, 2006, and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation:

(1)

The design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change, and a referenced exhibit of record for the property shall provide guidance for the development regulations to be incorporated into the Conceptual Site Plan.

(2)

The limitations on the lot size and lot width requirements in Section 27-548(h) shall not apply.

(d)

Notwithstanding the provisions of Section 27-270, a grading permit may be issued as long as it is in conformance with an approved Conceptual Site Plan.

(e)

Mixed-Use Planned Community regulations.

(1)

A Mixed Use Planned Community shall conform to the purposes, regulations, and required findings and review process set forth in Division 2 of this Part, for the M-X-T Zone, however, for property that is located in the E-I-A (Employment and Institutional Area) Zone and is subject to Sections 27-276, 27-500, and 27-501 of this Subtitle, the following regulations shall be advisory only.

(2)

It shall include retail, residential and office/employment uses. The use mixture shall consist of the following, based on the total gross floor area for residential, retail and office combined:

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

 

(3)

It may include hotel uses. Hotel use is not included in the residential, retail or office/employment categories for purposes of calculating gross floor area for percentages of use. There is no percentage restriction applied to the hotel uses.

(4)

It may provide at least one institutional or civic use, may have an integrated network of streets, sidewalks, and open space, public or private, and should give priority to public space and appropriate placement of institutional and civic uses.

(5)

Where a conflict arises between E-I-A Zone requirements and M-X-T Zone requirements, the M-X-T requirements shall be followed.

(6)

The community should be focused on a central public space that is surrounded by a combination of commercial, civic, cultural or recreational facilities.

(A)

The space should be a minimum of twenty-five (25) acres, and may include a lake.

(B)

It should be designed with adequate amenities to function as a fully shared space for the entire community.

(7)

The community should contain additional, linked open space in the form of squares, greens and parks that are accessible, visible, safe and comfortable.

(A)

The open spaces should provide a variety of visual and physical experiences.

(B)

Some of these open spaces should be bordered by buildings and be visible from streets and buildings.

(8)

The retail uses may be designed to:

(A)

Create a sense of place by creating a design that provides amenities such as plazas, parks, recreational opportunities, entertainment and cultural activities, public services and dining; and provides attractive project gateways and public spaces.

(B)

Create outdoor amenities, such as brick pavers, tree grates, decorative lighting, signs, banners, high quality street furniture and extensive landscaping, including mature trees.

(C)

Create attractive architecture by: using high quality building materials such as stone, brick or split-face block, and providing architectural elements such as façade articulation in fifty (50) foot to seventy-five (75) foot increments, second floor levels, dormer windows, canopies, arcades, varied roofscapes and customized shopfronts to create a street-like rhythm.

(D)

Promote attractiveness by designing attractive, quality façades of all commercial buildings where the façade is visible from public space; and completely screening loading, service, trash, HVAC and other unsightly functions.

(E)

Creating a retail area where, if the front of a retail store fronts a street: pedestrians may travel with ease, with attractive walkways and continuous street front experiences to maximize the quality of the pedestrian environment; crosswalks may run through and across the parking lots and drive aisles to connect all buildings and uses; sidewalks may be wide, appealing, shaded and configured for safe and comfortable travel; pedestrian walkways may be separated from vehicular circulation by planting beds, raised planters, seating walls, on-street parallel parking and/or structures; walking distances through parking lots may be minimized and located to form logical and safe pedestrian crossings, and walkways may be made more pedestrian-friendly through the use of arcades, canopies, street trees, benches and tables and chairs.

(F)

Shield and enhance the surrounding view through techniques such as screening views of parking lots along the main frontal streets with green bermed and landscaped strips, or a low brick (or other quality material) wall, in order to screen parking from the public frontage streets, and ensuring that attractive buildings are to be visible from the public frontage streets.

(G)

Minimize expanse of parking lots through the use of landscape islands or the location of buildings and streets.

(H)

Provide a hierarchy of pedestrian-scaled, direct and indirect, high quality, energy efficient lighting that illuminates walkways, ensures safety, highlights buildings and landmark elements, and provides sight lines to other retail uses.

(I)

Create a signage package for high quality signs and sign standards and requirements for all retail and office tenants and owners, which shall address size, location, square footage, materials, logos, colors and lighting. For office and retail uses, a Conceptual Site Plan for Signage shall be approved prior to release of any sign permits. All sign permits shall conform to the approved Conceptual Site Plan for Signage.

(J)

Enhance retail pad sites designs to be compatible with the main retail component. If the retail pad sites are located along the public frontage streets, parking should be located to the rear and sides of the pad sites.

(K)

Green areas should be provided between pad sites.

(L)

Restaurants adjacent to the central public space/lake should have attractive outdoor seating areas.

(9)

Residential uses should meet the following design standards:

(A)

Single family detached.

(i)

There should be a range of lot sizes, with a minimum square footage on any lot of two thousand, two hundred (2,200) square feet of finished living space, except as modified herein below.

(ii)

At least twenty percent (20%) of the houses should be a minimum of two thousand, six hundred (2,600) square feet of finished living space and a maximum of 20% of the houses may be less than two thousand, two hundred (2,200) square feet of finished living space.

(iii)

All streets, whether public or private, should have sidewalks.

(B)

Multifamily.

(i)

Building materials should be high quality, enduring and distinctive.

(ii)

Use of siding should be limited.

(iii)

Amenities such as are typically provided for luxury rental and condo projects should be provided.

(f)

Regional Urban Community Regulations.

(1)

A Regional Urban Community shall conform to the definitions, regulations, and requirements set forth in Sections 27-107.01, 27-276, and 27-508 of the Zoning Ordinance.

(2)

In addition to the definition, regulations, and other requirements set forth in Sections 27-107.01, 27-276, and 27-508 of this Code, the following regulations shall apply to a Regional Urban Community in the M-X-T Zone:

(A)

The maximum percentage of attached dwelling units, which includes but is not limited to townhouses, two over twos and triplexes, shall be fifty percent (50%) of the total units in the project;

(B)

For Regional Urban Community developments in the M-X-T Zone, the woodland conservation and afforestation thresholds shall be fifteen percent (15%) with no requirement for on-site mitigation. A fee-in-lieu of $0.30 per square foot shall be required.

(C)

Innovative stormwater management techniques may be used upon a finding that the techniques meet the purpose of the M-X-T Zone as set forth in Section 27-541(a)(2), including but not limited to the utilization of stream channel and floodplain enhancement and restoration. Stream restoration may be utilized to meet channel protection and water quality volumes.

(D)

No setback shall be required from the 100-year floodplain to the lot line. There shall be a twenty-five (25) foot setback from the building to the 100-year floodplain for residences as a building restriction line as set forth in Section 24-129.

(E)

The maximum number of townhouse dwelling units per building group shall be ten (10). No more than thirty percent (30%) of the building groups shall contain nine (9) to ten (10) dwelling units. All other townhouse building groups shall contain no more than eight (8) dwelling units.

(F)

The number of parking spaces required in the core area of the Regional Urban Community are to be calculated by the applicant and submitted for Planning Board approval at the time of Detailed Site Plan approval. The applicant shall submit the methodology, assumptions, and data used in performing the calculations with the Detailed Site Plan. The number of parking spaces within the core area of the Regional Urban Community shall be calculated based on the procedures described in Sections 27-574(b) and (c).

(G)

End units on townhouse building groups shall be a minimum of twenty (20) feet in width and the minimum building width of a contiguous attached townhouse building group shall be sixteen (16) feet per unit. A variety of townhouse sizes shall be provided, with a minimum gross living space of a townhouse unit shall be 1,500 square feet except that ten percent (10%) of the townhouse units may be reduced to 1,200 square feet.

(H)

The minimum front setback from any public or private right-of-way may be reduced to seven (7) feet. In the core area, the public maintenance shall be one foot from back-of-curb to one foot to back-of-curb.

(CB-1-1989; CB-84-1990; CB-47-1996; CB-44-1997; CB-13-2002; CB-78-2006; CB-29-2008; CB-27-2015; CB-73-2016)