Cherokee Farms developer runs into the same road block -- the county zoning code

Since proposing to build the Cherokee Farms community next to Habersham in Burton seven years ago, developers say they have gotten the same message from Beaufort County officials.

"Every meeting starts off with, 'We really like your design, but' ... ," said developer Patrick Kelly.

The message was repeatedThursday when the county Zoning Board of Appeals upheld a staff decision made last year that prevents Cherokee Farms from being built under suburban, large-community zoning.

Officials with Habersham Land Co., parent of Cherokee Farms, want the 105-acre, 315-unit community to mirror Habersham in its style and architecture -- buildings that sit close to the street's edge, balconies that hang over sidewalks.

Cherokee also would have about 150,000 square feet of commercial spacebelow loft-style housing in a mixed-use design.

Since its introduction, county officials have consistently supported Cherokee's master plan and its emphasis on building a walkable community. What hasn't supported the construction of the development -- at the cost and method sought by Cherokee Farms -- is county code.

"It would be a great idea if I could walk into a bank and take all the money and walk off," said zoning board member Chester Williams. "Sometimes what's a great idea just can't be done."

County planning and zoning staff say that if Cherokee is an extension of Habersham, the combined neighborhoods will encompass 427 acres. Suburban, large-community zoning allows only up to 200 acres.

Density also is an issue. If Cherokee Farms must adopt Habersham's density of 3.6 units per acre -- higher than its intended 3 units per acre -- only about 111 homes could be built there.

"We do not take umbrage to the design," said county planning director Tony Criscitello. But "the benefits and the burdens of the law cut both ways."

Cherokee Farms should be built as a planned unit development, Kelly said, but developers don't believe a school-development fee that charges $6,000 per residence and $2.50 per square foot of commercial space has been correctly calculated.

Those fees apply only to new construction in unincorporated parts of the county built under development agreements, which PUDS must have.

County Council approved the fee policy in November 2007, after state law banned the collection of school impact fees. The law does not ban, however, the collection of school-development fees that are part of negotiated contracts.

If developers had to pay the fees for Cherokee Farms, it would cost more than $2.26 million. That would make building the community cost-prohibitive, Kelly said.

He expected the zoning board to deny the appeal and hopes to work with County Council to find a compromise.

"We're by no means trying to get out of paying for schools, but it needs to be fair," Kelly said. "The problem is being able to develop a mixed-use, traditional neighborhood in this county."

Kelly said he wants to see an amendment to the county Zoning and Development Standards Ordinance that would make it easier for developments like Cherokee Farms to be built under the suburban, large-community zoning.

Criscitello said he would be willing to draft such an amendment and submit it for County Council approval.

The suburban, large-community standard might be flawed because it has never been used since its adoption in 1999, he said. Staff are in the process of researching a way to address its problems.

"We felt it was a meritorious project and we still do, " Criscitello said of Cherokee Farms.