§ 16.2. Bells Ferry Community Design District.
16.2-1.
Purpose and intent. The purpose of the Bells Ferry Community Design District is to implement the community vision expressed in the Bells Ferry LCI Study Plan adopted by the Cherokee County Board of Commissioners and further enhanced in the Bells Ferry Community Design Guidelines The community envisions the redevelopment of under utilized, declining and major area properties into a community of choice offering diverse choices and activities for the whole community, with the ultimate goal of creating high quality development that offers a superior quality of life to its residents and business owners.
Bells Ferry Community Design District is intended to:
• Establish and define the physical boundaries of the district;
• Establish a set of Community Design Guidelines that provide site planning, design and building regulations for the future physical development of the corridor;
• Establish a regulating plan that serves as a framework for regulatory conditions governing the study area to insure development reflects consistent principles of good community design and creates an attractive environment inducing investment in the area;
• Create a "sense of place" and a unique identity for the community that reflects the community's desire to be a place of diversity and choice;
• Create a strong urban structure that reflects sound urban design principles of creating the public realm; hierarchy of streets, open spaces, creating vistas and public and civic spaces, pedestrian friendly environment, and high quality architecture;
• Improve traffic flow and convenient vehicular circulation throughout the area for both local and regional circulation;
• Provide transportation alternatives and modes for the residents; good street grids, transit, bike and pedestrian pathways that not only offers alternative ways but encourages walking and biking;
• Provide safe and convenient environment for pedestrian movement and access;
• Provide enhanced arterial access and inter-parcel connectivity that enhances vehicular circulation;
• Create the hierarchy of streets and appropriate traffic calming that promote appropriate vehicular speeds and safety;
• Encourage "diverse lifestyles" by promoting mixed use development that offers live/work/play environments;
• Encourage appropriate densities that can support retail, entertainment and commercial activity which creates a successful community;
• Provide flexibility in housing to support various product types; ie. condos, apartments, live/work units, town homes, and single-family;
• Provide adequate open spaces and civic/public spaces.
16.2-2.
Boundaries.
16.2-2.1.
Boundary map. The Bells Ferry Community Design District shall apply to all properties within the geographic boundaries shown on the Bells Ferry Regulating Plan. The district is intended to supplement existing zoning regulations. The Bells Ferry Regulating Plan is attached as Exhibit A-1.
16.2-3.
Incorporation by reference. The Bells Ferry Community Design District and Guidelines incorporates by reference the Article 8 - Traditional Neighborhood Development (TND) of the Cherokee County Zoning Ordinance for the purposes of guiding development within the district. Specifically, the following sections are incorporated by reference and shall be used to regulate future development within the Bells Ferry Community Design District and as applied herein;
8.2 Findings for Project Approval 8.5 TND Planning Process 8.6 Density Calculations 8.7 Streetscape Requirements 8.8 Civic Functions 8.9 Special Requirements 8.10 Specific to Neighborhood Edge Zone 8.11 Specific to Neighborhood General Zone 8.12 Specific to Neighborhood Center Zone 8.13 Standards and Tables 8.14 Pre-Existing Conditions 8.15 Application Submission 8.17 Submission of Final Neighborhood Plan 8.18 Control of Development Plan after Completion 8.19 Variances 8.20 Glossary 16.2-4.
District conditions.
16.2-4.1.
Applicability.
a.
The development of property within the Bells Ferry Community Design District shall comply with the minimum standards set forth herein.
b.
Any non-residential structure that is built prior to the adoption of this ordinance will not have to adhere to the design guidelines set forth within this document.
c.
Whenever the requirements of the district impose a more or less restrictive standard than the provisions of any other statute or covenant, the requirements of the district shall govern. Specifically, where the Hwy. 92 Village Overlay intersects the Bells Ferry Community Design District, the Bells Ferry Community Design District regulations outlined herein shall apply.
d.
The design guidelines of this document shall not change any of the existing zoning for the land that lie within the boundaries of this overlay district.
e.
At no time shall the district regulations preclude a property owner's ability to seek a change in zoning of their property within the district.
16.2-4.2.
Development alternatives.
a.
Property within the district boundaries may be developed per an approved neighborhood plan without the need to seek a change in zoning. The neighborhood plan must comply with all of the Bells Ferry Community Design Guidelines, including the minimum standards.
b.
Alternatively, if the property owner chooses to develop the property under the existing zoning, only the minimum standards must be adhered to and compliance demonstrated through an approved development plan.
16.2-5.
Regulating plan. The community vision, developed through a series of public workshops and meetings, and adopted in the Bells Ferry Livable Centers Initiative Study plan, has been translated into a regulating plan. The regulating plan combines land use and zoning regulations into a plan format oriented to the essential elements of quality community design. The plan communicates those elements in a user friendly format by allocating areas within the study area to discrete neighborhood zones.
The neighborhood zones represent different human environments which contain elements forming its built condition like streets, buildings, landscaping, etc. or what is termed a "form based" code. Each zone is differentiated by the combination of elements comprising the neighborhood zone. For instance, a residential street is less urban than a boulevard. A four-story building is more urban than a single-family house with a front yard and a porch.
The regulating plan is the basis for directing and guiding future development within the corridor.
16.2-6.
Minimum standards.
16.2-6.1.
Permitted and prohibited uses. Development under existing zoning shall include land uses permitted by Article 7—District Uses and Regulations of the Cherokee County Zoning Ordinance.
16.2-6.2.
Street network. Plans for development shall include the following transportation elements of the Bells Ferry Community Design Guidelines:
a.
Provisions for proposed primary roads and Bells Ferry Parkway. (see Street Network, page 14)
b.
Provisions for pedestrian and bicycle facilities. (see page 16)
c.
Interparcel access—Interparcel vehicle access points between all contiguous parcels must be provided to allow opportunities for future development to connect in and improve network connectivity.
16.2-6.3.
Streetscape requirements. All development shall comply with streetscapes defined in the Bells Ferry Community Design Guidelines for State Route 92 (Bells Ferry Community Design Guidelines, page 27), Bells Ferry Road (Bells Ferry Community Design Guidelines, page 28), and Bells Ferry Parkway (Bells Ferry Community Design Guidelines, page 26). This includes frontage requirements also identified on the regulating plan.
16.2-6.4.
Pedestrian facilities/frontage requirements. All development shall comply with the design requirements for pedestrian facilities/public frontages as defined in the Bells Ferry Community Design Guidelines (see page 30 and 31).
16.2-6.5.
Building frontage/private frontage requirements. All development shall comply with the design requirements for building frontage/private frontage as defined in the Bells Ferry Community Design Guidelines (see page 32 and 33).
16.2-6.6.
Architectural controls. All development shall comply with facade materials, doors and windows and roofs defined in the Bells Ferry Community Design Guidelines (see pages 34-36).
16.2-6.7.
Signage. All development shall comply with signage defined in the Bells Ferry Community Design Guidelines (see page 40).
16.2-7.
Design guidelines.
16.2-7.1.
Permitted and prohibited uses. All development under the design guidelines shall be subject to the use limitations set forth in Article 8 Traditional Neighborhood Development, Table 10—Specific Functions.
Table 16-2.1
Neighborhood Zones NE NG NCr SD Base Building Units 4 units/ac gross 8 units/ac. Gross 12 units/ac. Gross na 16.2-7.2.
Non-residential table. The percentage of building units per parcel that must be exchanged for non-residential functions will be determined by proximity to primary roads. The non-residential functions table shall govern the percentage of non-residential functions required under the Bells Ferry Design Guidelines. Parcels of land meeting both of the following requirements shall be subject to the primary road percentages:
a.
All parcels with any part of the parcel within 400 feet of an existing or proposed primary road as shown on the street network plan.
b.
Parcels of three acres or more in size.
All other parcels will be subject to the non-residential functions percentages for secondary roads.
Table 16-2.2
Neighborhood Zones NE NG NCr SD Roads Primary Secondary Primary Secondary Primary Secondary Primary Secondary Percent N 0—10% 0—10% 10-30% 0-30% 50-70% 30-70% See Note 2 See Note 2 Notes: 1) Percentages for parcels near proposed primary roads may be adjusted by warrant. 2) Residential units in SD zone must be approved by warrant.
The percent of building units shown in Table 16-2.2 shall be exchanged for non-residential functions at the following rates:
a)
For lodging: Two bedrooms for each unit of overall density.
b)
For office or retail: 1,500 square feet for each unit of overall density.
c)
The number of units exchanged shall be approved by warrant.
16.2-7.3.
Single use on smaller tracts. Where a tract of land within the Bells Ferry Community Design District is three acres or less and is unfeasible for development as a mixed use project in accordance with this ordinance, and is not likely to be assembled into a larger plan of common development, the property owner may propose to develop such property as a single use project under the provisions outlined below:
a.
Single use residential may be proposed at no more base building units than allowed under the guidelines for neighborhood edge (NE) as outlined herein, unless a warranted variance is issued under section 8.19 of Article 8 Traditional Neighborhood Development. A warrant may be issued only if evidence can be presented by the property owner that one or more of the following conditions exist:
i.
The subject property cannot physically be accessed by adjacent property;
ii.
The subject property cannot feasibly be assembled into a larger plan of common development because adjoining property(s) are already developed and the pattern of development on the adjoining property prevents development as a larger plan of common development;
iii.
The subject property is surrounded by properties zoned for or developed above the base building units of the neighborhood edge (NE);
iv.
Development of the subject property above the base building units of the NE would be an addition to the area and would not be a detriment to the surrounding development pattern.
b.
Single use non-residential projects must follow the minimum standards as outlined herein.
16.2-7.4.
Neighborhood plans. Neighborhoods shall be planned according to the provisions of the Bells Ferry Design Guidelines and Article 8—Traditional Neighborhood Development. The neighborhood plans shall consist of the neighborhood zones described on the regulating plan for the Bells Ferry LCI Study Area. Neighborhood plans may be prepared by an owner, a developer, or by the planning office. Each neighborhood plan shall contain:
1.
Updated/site specific regulating plan:
a.
Configuration of neighborhood zones (based on Bells Ferry Regulating Plan).
b.
Planned street types and street configuration.
c.
Location of civic building sites and civic spaces.
d.
Frontage characteristics of streets.
2.
Illustrative plan (building scale plan).
a.
Building disposition (lots and building footprint).
b.
Configuration (frontages and building heights).
c.
Building function and density.
d.
Parking standards.
3.
Community standards.
a.
Covenants for governance.
b.
Architectural standards.
c.
Environmental standards.
d.
Landscape standards.
— Including a tree plan meeting the requirements of Article 25 - Tree Preservation and Replacement Ordinance
a.
Signage.
b.
Ambient (lighting and sound).
c.
Visibility.
16.2-7.5.
Plans review process. Each neighborhood plan shall respond to the existing conditions of the site, adjacent developments, connecting thoroughfares, natural features, and manmade traces.
(Ord. No. 2007-Z-002, 8-7-07)