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Developer asks county to count HOA civic space in lieu of commercial buildings for overlay density requirement

Cherokee County Board of Commissioners · December 17, 2024
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Summary

An applicant asked the board to allow 1.4 acres of HOA‑owned civic space to substitute for required commercial floor area in the overlay; staff warned the overlay language is ambiguous about whether outdoor civic land should count as 'nonresidential function' and recommended the board attach a specific square‑foot calculation if it approves a variance.

At a public‑hearing preview, planning staff described a request by Blaine Coleman for an Ashton Woods development that would treat on‑site civic space as the required nonresidential function in an overlay district instead of commercial building area.

Staff said the applicant proposes 1.4 acres of civic space and would prefer to count that land at a rate of 1,200 square feet of nonresidential function per unit of proposed density rather than the overlay's 1,500 sq ft per unit retail standard. "Because there's not an exchange rate or calculation for civic space because it's not allowed by right, they are proposing 1,200 square feet per unit of overall proposed density," Thomas Trawick (S2) told the board. Staff advised that if the board approves an exceptional variance to permit civic space to count, it should attach a calculation so that the amount is explicit rather than open‑ended.

Commissioners debated whether 'nonresidential function' was intended to refer to building area or total land area; some said the overlay read as if buildings and indoor commercial space were intended, while others noted that providing civic space could reduce traffic compared with commercial development at a congested intersection. Traffic impacts, left‑turn lane requirements, and the effect on neighborhood character were recurring themes. The board will hold a public hearing to gather comment before deciding whether to grant the exceptional variance.