Purpose:

• This Section encourages the incorporation into larger industrial/light industrial developments of a compatible mixture of commercial, employment, recreational, civic and/or cultural uses, and limited multi-family residential use in larger developments, which are developed under an overall master plan of the unified planned development. The primary objective for a property developed under the Mixed Use Employment Center (MXE) zoning district is to provide for a mixture of uses in an integrated manner while encouraging efficient use of the land, in an environment that ensures the integration and compatibility of the project with existing and proposed surrounding developments, while acting as a focal point for the area of the City in which the MXE is proposed.

• The limited multi-family residential use, if included in the MXE, is intended to provide a limited housing component, the need for which is or is expected to be generated, to a significant degree, by the users of specific components included within the MXE and is proportionate in scale to the other components included in the MXE.

• All MXE development should be designed to foster a pedestrian-friendly environment by the development of a comprehensive non-vehicular circulation network which would link commercial and employment areas, as well as open spaces, public facilities and recreation areas, along with adjoining existing or planned residential communities.

• The MXE district is intended to allow for development and design flexibility, which should take into account the preservation and integration into the MXE project existing structures or features of the site which are, or are eligible, to be placed on the National Register of Historic Places, or are otherwise historically significant. Furthermore, efforts will be made to accommodate mass transit services which exist or are planned in the vicinity of the MXE project.

• The MXE district shall not be used without an overall master plan for all the property proposed to be included within the MXE, so as to compensate for the absence of more conventional requirements so that the intent of this Code, and especially of this section, is met.

• The MXE district is a floating zone which may be approved by the Mayor and Board of Aldermen on any property located within the City and zoned M1 (Light Industrial) or M2 (Heavy Industrial), provided that the Mayor and Board of Aldermen find that the general requirements set forth in this section have been met.

(a)

Applicability and Approval Procedures.

(1)

The establishment of an MXE District requires a rezoning to the MXE district and approval of a master plan of the proposed development (an "MXE Master Plan") (see Section 310).

(2)

The MXE district may be applied to any tract not less than 50 acres in any area zoned M1 (Light Industrial) or M2 (Heavy Industrial).

(3)

Tracts of land eligible for the MXE district will be one or more contiguous tracts of land under the ownership or control of a single developer or owner, or two or more contiguous tracts of land owned by two or more owners if they have filed for the MXE district under a joint application. Tracts separated by only a public or private street or other right-of-way shall be deemed to be contiguous for purposes of this section, provided pedestrian linkages and connectivity between the tracts can be provided to meet the purpose, objectives and standards of the MXE district.

(b)

Permitted Land Uses. Land uses permitted within an MXE development are limited to only the following uses, located within the following four general land use categories. These categories shall be located within the MXE and approved at the Master Plan stage:

(1)

Commercial:

A.

All uses permitted in the GC General Commercial District, and

B.

Multi-family residential dwellings which may be permitted provided the requirements set forth in subsection (d)(1) below are met. Under no circumstances shall residential dwellings in an MXE development include single family homes, townhouses, or duplexes. The multi-family residential element of the commercial land use category shall be complimentary and proportionate in scale to the other uses to be developed within the commercial areas of the MXE, and to the development within the employment area of the MXE.

(2)

Recreational. Passive and active recreational activities such as health club, tennis club, sports playing field, swimming pool, skating rink, indoor or outdoor theatre, jogging paths, parks and similar uses as permitted by the Planning Commission and which are consistent with the approved Master Plan.

(3)

Employment. Uses that are permitted in either the MO or M1 employment districts are permitted in the MXE district. Uses that are permitted in only the M2 district, but excluded from both the M1 and MO districts, are not be permitted in the MXE District. (See Section 404, Table 404-1 for permitted uses.)

(4)

Civic/institutional and cultural. Libraries, meeting halls, fire and rescue stations, post offices, government buildings, civic parks, memorials, amphitheaters, bandstands, museums, and similar facilities and uses as permitted by the Planning Commission and which are consistent with the approved Master Plan.

(c)

Land Use Mix Determination. Land uses within an MXE shall be determined by the following criteria:

(1)

The relationship of the site to the Comprehensive Plan.

(2)

The gross acreage of the tract of land on which the MXE is proposed to be established.

(3)

Availability of existing and planned public services.

(4)

Access to existing or planned major thoroughfares and transportation systems.

(5)

Ability to serve the specific needs of the total site or project and the surrounding service area.

(6)

Physical characteristics of the site.

(7)

The amount of dedicated open space proposed within the MXE and adjacent thereto or nearby.

(8)

Compatibility with surrounding uses and the ability to provide for transition between different uses.

(9)

External and internal relationships which allow for compatibility and transitioning between uses.

(10)

Efficient use of the land.

(d)

Maximum Area of Certain Components of the MXE.

(1)

The commercial components of the MXE as defined above cannot exceed 25 percent of the gross project acreage, exclusive of floodplain areas.

(2)

In an MXE development of greater than 200 acres in overall size, a portion of the commercial area may be utilized for multi-family residential development. The number of multi-family dwelling units in an MXE shall not exceed two units for every acre of the MXE (excluding 100-year floodplain) over and above the 200 acre threshold. Multi-family residential dwellings shall, if consistent with the requirements of this subsection, be a permitted use in areas of the MXE approved for commercial use on the Master Plan, subject to the approval of the Planning Commission during the Master Plan review. During Master Plan review, the applicant shall demonstrate to the Planning Commission that the location of the limited housing component within the MXE, the scale of the limited housing component relative to the overall MXE, the unit size and the unit mix and amenities of the limited housing component must all be consistent with the purposes of this section (see purpose statement, above). Development regulations for multi-family residential dwellings in an MXE shall be as generally provided for multi-family residential development in an R20 (High Density Residential) zone, with the Planning Commission having the authority to modify such regulations during the execution phase if deemed appropriate to further the intent of this Section 418.

(3)

The MXE project shall leave within preserved and/or dedicated open space, within the MXE project, land equal to 20 percent of the total area devoted to commercial and employment/industrial uses. Existing floodplain areas and areas subject to forest conservation easements may be used as part of this open space requirement. Required on lot landscaping on development parcels shall not be counted toward the 20 percent open space requirement. Public and non-commercial recreational, cultural and civic activities and facilities may be established in the required open space areas. Open space may be dedicated to the public or maintained by a property owners' association or other private entity.

(4)

Vertical and horizontal integration of uses is encouraged.

(e)

General Requirements for MXE. The location, design and extent of public facilities shall comply with the following requirements:

(1)

Water and sewer. All MXE's shall be served by public water and sewer.

(2)

Transportation. The location, hierarchy and design of roads will be in accordance with the Comprehensive Plan, the City subdivision regulations, and the City of Frederick Standard Specifications and Details. However, flexibility in the application of these regulations will be permitted insofar as those ordinances allow for modifications.

(3)

Recreation/civic/cultural and public facilities. The provision for these facilities is encouraged as they act as a catalyst in fulfilling the objectives of the MXE, such as creating a place, achieving a strong sense of identity and creating activity centers. The selection, mixture and location of these facilities shall be compatible with the proposed uses and the overall objectives of the MXE, as determined by the Mayor and Board of Aldermen.

(4)

Ownership and maintenance of public facilities.

A.

All water and sewer facilities will be publicly owned and maintained unless otherwise approved.

B.

Streets will be owned and maintained by the City if consistent with City policy. Notwithstanding the above, and notwithstanding any dedication requirements set forth elsewhere in this Code, upon application of the developer, certain streets within the MXE may be privately owned and maintained if such private ownership is approved by the Board of Aldermen and provided the covenants which address maintenance issues and funding are approved by the City Department of Legal Services. Streets not dedicated to and accepted by the Board of Aldermen shall be maintained by a property owners' association or similar organization, and shall conform to the design and construction standards for public streets.

C.

Open space, stormwater management facilities and recreation areas will be owned and maintained by a property owners' association or similar organization. The covenants establishing the same shall be subject to the approval of the City Department of Legal Services and other appropriate City authority. The Board of Aldermen will have the option of accepting dedication of some or all of such facilities if it is in the best interest of the City.

(5)

Phasing. Construction of the MXE project should be phased to fulfill the overall purposes of this district (see purpose statement, above). Some permitted employment uses must exist on the MXE project prior to, or be developed on the MXE project simultaneously with, the establishment of other uses allowed under this option. The timing of development of the various uses approved within the MXE project shall be addressed in the phasing schedule provided in the Master Plan. Phasing should be designed to fulfill on-site and off-site needs, to compliment the provision of services, and to fulfill the purpose and objectives of the district.

(f)

Site Plan approval.

(1)

In order to achieve design excellence, sound planning and the achievement of the MXE objectives, the applicant may propose and the Planning Commission may approve design criteria and/or other dimension requirements that are not in complete conformance with existing zoning for the various land uses and zones as part of the site plan approval for an MXE.

(2)

Preliminary and final platting in accordance with the City subdivision regulations is required in addition to submission of five copies of any covenants to be attached to the property.

(3)

Site plan review shall be in accordance with Section 309 of this Code.

(4)

All setbacks, buffer area, right-of-way requirements, height limitations, signage allowance and requirements and other similar development criteria within the MXE shall be determined by the Planning Commission with consideration given to applicable standards for similar uses in existing zoning districts. Flexibility in the application of these setback, buffer, signage and right-of-way requirements may be allowed by the Planning Commission to achieve excellence of design, an appropriate mix of the elements of the MXE, the efficient use of land, the provision of suitable amenities for the MXE neighborhood, and the fostering of a common theme of the MXE development. There are no minimum lot areas or lot widths within the MXE, except for the residential component of the planned development to follow R12, R16 or R20 district regulations. Any outdoor storage proposed in conjunction with any use in the MXE development shall be landscaped and/or screened so as to be not visible from public and/or private roads.

(5)

As part of the site plan, the Planning Commission may approve changes to the location of land uses on the Master Plan, if:

A.

The amount or percentage of commercial development on the site does not increase from the Master Plan approval, and

B.

Any such amendments do not cause any land use components of the MXE to be changed by more than 25 percent of the land area previously designated for that particular component.

(6)

Any increase in the amount of commercial development as a percentage of the overall MXE site, or any change in any land use designation which creates more than a 25 percent variation from that approved by the Mayor and Board of Aldermen, shall require a modification to the Master Plan by the Mayor and Board of Aldermen.

(7)

Any proposed change to the Master Plan which would result in a change of land use of any portion of the MXE project which borders an adjacent residentially zoned property shall be submitted to the Board of Aldermen for approval of such modification. This rule supersedes subsections (5) and (6), above.

(8)

The Planning Commission may approve up to ten percent revision after the Board has reviewed and approved the Master Plan.

(9)

The Planning Commission may require that architectural renderings of buildings, streetscapes or public areas be presented to assure that the appearance, size and type of building material or other aspects of the design are in keeping with the purposes and intent of the MXE district. In the alternative, the applicant may submit a set of architectural covenants to be recorded on all or part of the MXE land area, and upon approval of these covenants by the Planning Commission, individual architectural review of buildings by the Planning Commission in the areas subject to the covenants shall not be required, provided that evidence is provided to the Planning Commission and the Office of Legal Services that the covenants have been duly recorded.

(10)

After approval of any site plans by the Planning Commission, the Planning Department may approve minor modifications to any such approved plans if:

A.

No change in conditions result, and

B.

Such modifications do not involve change of more than ten percent of any buildings by gross floor area or parking area.

It is the intent of this section that the Department have the right to make minor routine modifications to approved plans without the need for additional Planning Commission hearings, provided that such modifications do not result in a plan materially different from that approved by the Planning Commission.

(11)

If a site plan application meeting all requirements of this Code is not filed within five years of approval of the MXE Master Plan, the Board of Aldermen shall review the Master Plan to determine if the MXE is still an appropriate use for the property. The Board of Aldermen may then at its discretion grant an extension(s) of the approval, or rescind the MXE approval after expiration of such five-year period, such extension(s) not to exceed an additional five-year term.

(g)

Annual Reports. After Master Plan approval, the owner/developer shall submit annual reports detailing the current status of the MXE project, including projected phasing or construction schedules, and tabulation of existing uses, approved-but-unbuilt uses, and future uses identified in the Master Plan, such reports to commence approximately one year from the date of initial approval by the Board of Aldermen. Such reports shall include the percentage of the MXE project completed to date, and the corresponding ratio of a.m. and p.m. peak hour traffic achieved as compared with the project's traffic projections. Such reports shall be provided prior to December 1 of each calendar year and continue until the project reaches complete buildout.