§ 36-41. MXD—Mixed-Use District.

(a)

Definitions:

As used herein the term "Density Single-Family Residential" shall refer to such uses as townhomes, condominiums, and garden homes, which are generally defined as, but not limited to, buildings containing one-family dwelling units erected as a single building or multiple buildings on a single lot. It may include horizontally-stacked dwelling units but shall in no event include apartments, which are generally defined as multi-family dwelling units at a density greater than 25 units per acre.

(b)

Use regulations:

(1)

This district allows a combination of residential, office, and commercial uses, which may or may not be in the same building, and flexibility in the planning and construction of the development in accordance with an approved site plan that allows for a broad range of mixed uses.

(2)

All uses permitted in Tables 3, 4 and 5 shall be permitted in the MXD District, except that uses requiring City Council approval ("CC" uses) shall be permitted by right pursuant to an approved MXD site plan. Additionally, Density Single-Family residential uses shall be permitted pursuant to an approved MXD site plan.

(c)

Area regulations: A MXD District shall only be permitted on tracts fronting on Texas State Highway Loop 1604 and which consist of a minimum of three acres in area.

(d)

Height, density, setbacks and other limitations: A MXD District shall not be subject to the use, height, density, commercial intensity, setbacks, parking and other regulations of the City zoning regulations, currently codified as chapter 36 of the Code of Ordinances. The height, density, commercial intensity, setbacks, parking and other requirements shall be established pursuant to an approved MXD site plan, provided, however, the following regulations shall apply:

(1)

A ten-foot minimum building setback shall be required where a non-single-family residential use within the MXD District abuts a single-family use or single-family zoning district.

(2)

A 20-foot minimum setback shall be required for front-load residential garages and a ten-foot minimum setback shall be required for side-load residential garages.

(3)

A ten-foot minimum building setback shall be required where any residential or nonresidential use abuts a public or private street.

(4)

Exterior fences and walls shall be permitted along the property line of any residential use.

(5)

All streets within a MXD District may be publicly accessible and may be located adjacent to the property line of any developed or undeveloped land, provided a minimum 30-foot buffer is installed when such street is adjacent to any residential rear property line. If streets are privately owned and maintained they may be gated.

(6)

Parking on public streets shall only be permitted on one side of the street and shall not be permitted between the hours of 2:00 a.m. and 5:00 a.m., except that on-street cut-out parking shall be allowed at any time pursuant to an approved MXD site plan. Public streets are defined, for the purpose of this section, as that portion of the roadway and shoulder from the property line on one side of the street to the property line on the opposite side of the street.

(7)

The height of any commercial or residential structure shall not exceed 45 feet unless authorized by an approved MXD site plan and serviceable by the Fire Department.

(8)

Where residential areas are developed with private common areas and/or privately shared open space, a mandatory homeowner's association shall be created. The homeowner's association shall be responsible for maintenance and upkeep of all private common and shared areas within the boundaries of the residential development. Board composition, dues, and other procedural aspects of the homeowner's association shall be determined by the developer of the residential area.

(9)

A minimum two-car garage shall be required for each density single-family residence and may be rear, side, or front loaded.

(e)

MXD site plan: A MXD site plan shall be approved by City Council as part of a rezoning to the MXD District and shall include:

(1)

Legal description and exhibit of the property on a scaled map sufficient to determine detail showing the area to be zoned MXD.

(2)

The general location of all land use categories. Multiple categories may be designated where a lot or building is sited to include two or more categories of uses.

(3)

The general location of all existing and proposed streets.

(4)

The proposed maximum heights, densities, commercial intensities, and parking ratios.

(5)

The following existing conditions, where applicable:

a.

Topographic contours of ten feet or less.

b.

Existing 100-year floodplain, floodway and major drainage ways.

c.

Utilities, including water, wastewater and electric lines.

(f)

Amendments to approved MXD site plan:

(1)

Classification: Amendments to a previously approved MXD site plan shall be classified as a minor or major amendment. Minor amendments may be administratively accepted. Within 20 working days after the filing of the proposed amendments, the City Manager or his/her designee shall provide a written response to the applicant indicating whether or not the revised MXD site plan has been approved as a minor amendment. All revisions to an approved MXD site plan not considered a major amendment shall be considered a minor amendment. Major amendments shall require a new application for rezoning and shall be processed in the same manner as the initial MXD site plan.

(2)

Major amendments—Applicability: Increasing the area or intensity of nonresidential uses shall be considered a major amendment.

(Ord. No. 100-06-11, § II, 5-17-2011; Ord. No. 0-2015-016 , § 1, 8-27-2015)