General purpose and description.

The overall purpose of the MXD-1 is to allow and encourage flexibility and creativity in the design and development of comprehensively planned, mixed-use developments that would not be possible under conventional zoning districts. Residential, commercial, light industrial and other nonresidential uses shall be provided in such a manner to create an active street life, enhance the vitality of businesses and reduce vehicular traffic.

The design of an MXD-1 is a creative exercise that allows the designer to select from an array of components to assemble the district based on individual development schemes. Unlike conventional mixed use developments which require a certain percentage of residential, commercial, and light industrial components, MXD-1 has no base zone requirements or percentages. This allows a property owner the flexibility to submit a preliminary master plan which meets their particular goals and objectives. A minimum of two (2) different use categories is required to obtain MXD-1 zoning. In no instance shall a MXD-1 preliminary plan be forwarded to council until the plan has been reviewed and approved by staff and also the municipal planning board.

1.

Uses permitted: A building or premises shall be used only for the following purposes:

(a)

Residential uses:

(1)

Single-family detached dwellings.

(2)

Townhouses (fee simple and condominium ownership).

(3)

Duplex dwellings (including condominium ownership).

(4)

Triplex and quadruplex dwellings (including condominium ownership).

(5)

Garden apartments (including condominium ownership).

(6)

Apartments and condominiums above storefronts.

(7)

Home occupation in accordance with section 21.

(b)

Commercial/office uses:

(1)

Antique shops.

(2)

Appliance stores.

(3)

Bakery.

(4)

Banks/financial institutions.

(5)

Beauty/barber shops.

(6)

Car wash—(Accessory use to convenience store only).

(7)

Child day care center.

(8)

Convenience stores—Fuel pumps allowed (no repair or service).

(9)

Department stores—Clothing, shoes, apparel and accessory, etc.

(10)

Drug stores.

(11)

Electronic stores.

(12)

Florists.

(13)

Furniture stores.

(14)

Golf courses—Public or private.

(15)

Grocery stores.

(16)

Jewelry stores.

(17)

Hotels.

(18)

Laundry/dry cleaning service.

(19)

Movie theaters.

(20)

Personal services/miscellaneous.

(21)

Professional offices—Accounting, insurance, medical, real estate, etc.

(22)

Recreation facilities—Outdoor.

(23)

Restaurants, delicatessens, cafés, grilles, coffee shops and other eating establishments.

(24)

Shopping centers—Community.

(25)

Shopping centers—Storefront.

(26)

Veterinarian clinic—Small animal (no outside runs or pens).

(27)

Other commercial uses that, in the opinion of the planning director, are

similar

in nature to those listed above (unspecified use).

(c)

I-1 light industrial uses:

(1)

Industrial office and warehouse.

(2)

Manufacturing, fabricating, processing or assembling uses which do not create any dangers to health or safety in surrounding areas and which do not create any objectionable noise, vibrations, smoke, dust, odor, heat or glare.

(3)

Other light industrial uses that, in the opinion of the planning director, are similar in nature to those listed above (unspecified use).

(d)

Other uses—Requires council approval.

(1)

Arts and cultural facilities.

(3)

Convention, meeting and banquet facilities.

(4)

Elementary and secondary schools.

(5)

Public facilities—Post office, government offices, police and fire precincts, health dept and similar uses.

(6)

Public parks, playgrounds, gardens, greenspaces.

(e)

Other uses, no council approval required:

(1)

Churches.

3.

Area and dimensional regulations. The MXD-1 residential requirements are set forth in Section 16. Commercial components will follow the General Commercial District (CGN) requirements or the MXD-1 (Store front) requirements depending on the development scheme. Light industrial requirements are set forth in section 16.

4.

Location of commercial uses. General commercial and service uses shall be concentrated for maximum pedestrian convenience and located for easy accessibility by residents of the district, workers within the district and visitors. Commercial uses shall be located as to be uninterrupted by residential, office or other non-commercial uses. It is highly recommended that commercial uses maintain a street presence in a traditional storefront configuration.

5.

Location of light industrial uses. Light industrial uses shall be located for easy accessibility without having a negative impact on residential and commercial developments.

6.

Infrastructure requirements:

(a)

Water. Public water is required.

(b)

Wastewater. Public sewer is required.

(c)

Roads/streets. All interior streets and roads must meet the requirements for such facilities for the City of West Point. The city shall require interior streets and sidewalks through the development that connect to existing street and sidewalk infrastructure.

(d)

Sidewalks. Sidewalks are required on all perimeter roads and streets. An internal sidewalk or path system must be provided. Sidewalks along exclusively residential frontages must be a minimum of four (4) feet in width and separated from the curb by a minimum two-foot tree lawn. Sidewalks in nonresidential areas and in mixed residential/nonresidential areas shall be a minimum of five (5) feet in width with a two-foot tree lawn.

7.

Parking. The parking requirements shall be derived from the proposed uses making up the master plan. Each use shall determine its share of required parking. Moreover, spaces calculated for residential units, office condominiums and other permanent spaces shall be physically separated and dedicated exclusively for that use. Off-street parking and loading shall be provided in accordance with the requirements for specific uses set forth in section 18.

8.

Utilities. All utility lines in a MXD-1 development shall be placed underground. The developer or subdivider shall ensure final and proper completion and installation of all utility lines. Standards for street lighting shall be provided by the developer in accordance with the approved site plan.

9.

Illumination of parking. All parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness using technology and fixtures that will not create a nuisance to other uses within the MXD-1 development nor to uses adjacent or nearby the MXD-1 development.

10.

Nuisances. No commercial or light industrial use shall be designed or operated so as to expose residents to offensive odors, dust, electrical interference, and/or vibration.

11.

Storage of refuse. Commercial units shall maintain a refuse storage container and shall be screened on all sides with a latchable gate. Screening material shall be of the same finishing material predominantly used on the principal building. Containers shall be screened by an attractive fence or wall at least six (6) feet in height.

12.

Building material requirements. All multifamily developments located within the MXD-1 shall follow the building material requirements outlined in section 4 of the general residential district requirements. All commercial developments shall follow the building material requirements outlined in the Quality Development Corridor Overlay District (QDC) located in section 17.

13.

Landscaping requirements.

(a)

A landscape plan shall be included in the improvement plans. If the project is phased, only the phase being developed will be required to be in detail but calculations and proposed plant materials and treatments must be provided for the entire development.

(b)

Entry points to the development shall be landscaped in an attractive manner using plant specimens utilized throughout the remainder of the development.

(c)

All interior and perimeter roads and streets shall provide street trees that shall be planted no more than twenty (20) feet apart along all street frontages.

(d)

All boulevards shall provide attractive, low maintenance plantings in the center islands and be grassed throughout the remainder of the islands.

(e)

Landscaping shall be provided adjacent to all buildings and structures including solid waste receptacles.

(f)

A minimum of five (5) percent of the project site shall be landscaped.

14.

Open space requirements. Common open space is an important element in a mixed use development serving to provide resting and gathering places, recreation areas, aesthetic complements and other purposes.

(a)

MXD-1 zones must, at a minimum, provide fifteen (15) percent of the site in open space.

(b)

Open space may not consist of required buffer area, streets, parking lots, driveways, loading areas, sidewalks located in the public right-of-way and area normally inaccessible to pedestrian circulation.

(c)

Not more than fifty (50) percent of required open space may lie in a floodplain, wetland, area of steep slopes or other undevelopable area.

(d)

Open space shall include parks, commons, plazas, community green or lawn, landscaped areas, decorative plantings, formal or informal garden, pedestrian walkways or paths, active and passive recreation areas.

15.

Buffer requirements. An undisturbed or densely planted buffer shall be required between uncomplimentary uses. Buffers within the MXD-1 development will based on the development scheme. Buffers adjoining adjacent property shall follow the requirements outlined in section 22 of the zoning ordinance.

16.

Accessory buildings, structures and uses. Accessory buildings, structures and uses are permitted in the MXD-1 district with the conditions set forth in section 20.

17.

Recreation areas. All residential uses shall follow the requirements outlined in section 4.11(a)(b).

18.

Application Procedures and Requirements.

(a)

Sketch plan. Applicants are required to submit a sketch plan which provides a general concept of the project expected to be submitted. There are no specific requirements for a sketch plan because this step is provided solely for the benefit of the applicant to get an initial review and response to the project by staff. However, it would be useful for the sketch plan to indicate land use distribution, open space, circulation systems, a summary of residential and non-residential density and other major elements. A sketch plan may be submitted at any time and a meeting with staff may be arranged as needed.

(b)

Preliminary master plan. After the sketch plan has been reviewed and discussed with staff, a preliminary master plan shall be formally submitted for review and approval by staff and the municipal planning board. The preliminary master plan will be placed on the planning board agenda at the next available meeting date. If the preliminary master plan is found to be acceptable by the planning board, it will be forwarded to the mayor and council at the next available meeting date. The preliminary master plan shall include the following elements:

(1)

Indicate proposed land uses including square footage or acreage and percentage of each component.

(2)

The boundaries of the site and boundaries of proposed phases.

(3)

The delineation of parcel lines, if subdivision will be a part of the development.

(4)

Indicate the density of uses within each land use component or phase using units per acre for residential uses and floor area ratio (FAR) for nonresidential components as well as the overall density of the project for each land use component.

(5)

Show proposed vehicular and pedestrian circulation plan including entrances and exists.

(6)

Show were proposed open space will be provided by type of open space, landscaped area, community green, plaza, formal or informal garden, or natural area set aside.

(7)

Indicate location of landscaping and show required buffers.

(8)

Show recreation areas and indicate type and square footage being provided.

(c)

No subdivision plat or site plan will be considered for approval in an MXD-1 zone unless the preliminary master plan has been approved by the mayor and council for the entire development. Each area to be developed within a MXD-1 zone is required to submit a separate site plan or preliminary plat for approval by the planning board. Upon approval of a final plat for the last area to be developed, the preliminary master plan will become the final master plan for the MXD-1 development.

(Ord. No. 2007-10, 3-12-07; Ord. No. 2009-03, § 1(Exh. A), 3-9-09; Ord. No. 14-9, § 4, 7-14-14)