Forsyth County › Unified Development Code
Chapter 20B — Specialty District, Article 2 — MIXED-USE CENTER DISTRICT (MCD)
§ 20B-2.1
Purpose and Intent.
The Mixed-Use Center District is intended to provide for a complementary mix of commercial, office, residential, and light industrial uses, but may strictly focus upon an assemblage of non-residential uses as well. Compact development is encouraged to promote economic development, alternative transportation, green infrastructure and close proximity to employment and consumer activities. The provisions of a Mixed-Use Center District are intended to establish a zoning district that will:
(A)Permit flexible and compatible arrangements of land uses;
(B)Provide locations for the development of cultural, recreational, educational and health service facilities;
(C)Promote compatible development, in size and scale, to surrounding residential subdivisions;
(D)Encourage campus style developments;
(E)Advance pedestrian oriented, compact design;
(F)Plan for connectivity of streets and elevate opportunities for alternative modes of travel.
§ 20B-2.2
Uses Permitted.
(A)General. Uses shall provide an orderly relation and function to other uses in the development and to existing land uses. Adherence to the Forsyth County Comprehensive Plan in regards to recommended uses and development intensity shall be required. Development within the district shall be limited to those uses specifically requested as part of the Master Development Handbook and approved by the Board of Commissioners, unless otherwise specifically noted in the approval of the Mixed-Use Center District.
(B)Uses Permitted. The Mixed-Use Center District may propose a mix of commercial, office, residential, and light industrial uses or a range of non-residential uses. If a proposal includes residential, this use shall not be predominate within the development.
(C)Residential Density. The maximum residential density for the Mixed-Use Center District shall be six
(6)units per acre, if applicable. The maximum residential density may be increased above six (6) units per acre based on the application of incentives pursuant to 20B-2.4, if applicable.
(D)Open Space. The Mixed-Use Center District shall have a minimum open space requirement of twenty (20%) percent of the total site acreage.
§ 20B-2.3
Design Criteria.
The following design criteria will be used to evaluate conformity with the purpose and intent of this Article. Design elements that are not required, but encouraged, may be utilized to develop recommended zoning conditions as part of the review process if they are omitted from the Master Development Handbook.
(A)General Site Design.
(1)The minimum size for a Mixed-Use Center District shall not be less than thirty (30) acres.
(2)A functional town center, community green, park, or other focal point shall be included to create character and identity.
(3)Perimeter setbacks and buffers shall protect the privacy of existing and anticipated uses that adjoin the subject property.
(4)For a non-residential Mixed-Use Center District, a minimum undisturbed buffer of forty (40) feet and setback of fifty (50) feet shall be provided along an exterior property line abutting a residential, OR, A1 or AG-Res district. For a residential Mixed-Use Center District, a minimum undisturbed buffer of twenty-five (25) feet and setback of fifty (50) feet shall be provided along an exterior property line abutting a residential, OR, A1 or AG-Res district.
(5)The Mixed-Use Center District should incorporate multi-modal transportation elements in the development, depending on the foreseeable needs of future residents and users of the site, and the relationship of the project site to the community at large. Such multi-modal elements may include provisions for public transport, carpooling lots, ridesharing service locations, pedestrian and bicycle paths and lanes, bicycle parking areas, and other similar provisions.
(6)A grid system of streets is preferred over cul-de-sac designs. Block length should be conducive to pedestrian traffic.
(7)Interconnections to adjoining property, whether developed or undeveloped, shall be included and incorporated into the design where appropriate. Proposed parcels should be arranged and designed so as to allow for the opening of future streets and provide access to those areas not presently served by streets.
(B)Open Space. Open space within the context of the Mixed-Use Center District shall be independent of regulations found in other parts of this Code. Open space for the Mixed-Use Center District is intended to create active community spaces and preserve undisturbed land areas. Open space shall meet the minimum standards found in 20B-2.2, 20B-2.3, and shall incorporate the use of active community spaces as defined in Table 20B.2. Notwithstanding anything to the contrary herein, no property that is approved
TABLE 20B.2 ACTIVE COMMUNITY SPACE PERFORMANCE STANDARDS
| Active | |||
|---|---|---|---|
| Community Space | Example Illustration | General Description | Design Requirements |
| Type | |||
| Playground | A Playground provides space for supervised recreation for children within a neighborhood, or as part of a larger neighborhood or community park. | • Shall be designed with commercial grade play equipment • Minimum area of two thousand (2,000) square feet with no maximum requirement | |
| Square | A Square provides a means to emphasize important places, intersections, or centers. | • Shall be bound by streets on a minimum of three (3) sides or seventy-five (75%) percent • May be bound by front facing lots on one (1) side or twenty-five (25%) percent of their perimeter • No rear facing lots allowed adjacent to a square • Tree planting is encouraged parallel to the street right-of-way • Minimum area of two thousand (2,000) square feet up to a maximum area of two (2) acres | |
| Community Space | Example Illustration | General Description | Design Requirements |
| Type | |||
| Plaza | A Plaza is an outdoor area for community leisure that is entirely bounded by streets, lanes, or buildings. | • Shall maintain an orthogonal shape that is parallel to a bounded street, lane, or building • Shall be level, stepped or gently sloping • Minimum area of four thousand (4,000) square feet up to a maximum area of one (1) acre | |
| Community Park | Community Parks are designed for active and passive recreational use. Community Parks create a central open space that services an entire neighborhood or group of neighborhoods, or incorporates physical features that are an asset to the community. | • Trees shall be planted at the edge of community park boundaries • Shall be bounded by streets on a minimum of fifty (50%) percent of their perimeter • Minimum area of twenty thousand (20,000) square feet with no maximum requirement |
Reading grid · rebuilt for display · verify at source (p. 287) ↗
§ 20B-2.4
Incentives.
The Mixed-Use Center District offers an incentive to developers to increase their allowable residential density through the redevelopment of properties with deteriorated conditions.
(A)Redevelopment. The Mixed-Use Center District encourages developers to redevelop properties through a residential density bonus up to two (2) residential units per acre on areas identified as deteriorated per the criteria listed below.
(1)All deteriorated areas within properties shall be identified by the applicant and approved by staff.
(2)Shall redevelop one hundred (100%) percent of the deteriorated conditions acreage found on the development site to qualify for the density incentive.
(3)Deteriorated conditions shall be determined as follows:
(a)Uninhabitable, unsafe, or abandoned structure(s);
(b)Structures that are substantively declining in value or usefulness due to observable neglect;
(c)A site or portion of a site identified by the federal Environmental Protection Agency as having environmental contamination to an extent that requires remedial investigation or a feasibility study;
(d)Is in a state or condition that attracts rodents, mosquitoes, or other disease-transmitting animals;
(e)Is in a state or condition that attracts or propagates criminal activity on the property or adjacent properties.
(4)The applicant shall provide the following documents, prepared by a professional architect, engineer, surveyor, landscape architect, and or land planner:
(a)An inspection report of the property containing written and photo documented evidence of the existing, deteriorated conditions onsite;
(b)A scaled map identifying where deteriorated conditions exist on the property and the affected acreage on the development site;
(c)A scaled plan and strategy for redevelopment and any rehabilitation of the existing conditions that ensures the safety and welfare of future inhabitants and remediates any environmental impacts.
§ 20B-2.5
General Conditions.
(A)Code Provisions. Whenever there is a conflict or difference between the provisions of this article and those of other chapters of the Unified Development Code, the provisions of this article shall prevail.
Subjects not covered by this article shall be governed by the respective provisions found elsewhere in the Unified Development Code.
(B)Water and Sewer. Public water with sufficient flow volume and pressure to meet water supply and fire flow needs shall be required for all Mixed-Use Center Districts. Public Sewer or an Existing Private Sewage Treatment Plant with Sufficient treatment and collection system Capacity shall be required for all Mixed-Use Center Districts.
(C)Variance Requests. Applications requesting rezoning to the Mixed-Use Center District must identify all variance requests in the rezoning application and represent such requests in the Master Development Handbook. Variances shall be limited to the requirements of the Unified Development Code and shall follow the requirements of Chapter 8.
§ 20B-2.6
Procedures.
(A)Pre-Application Meeting. Before submitting an application for rezoning to Mixed-Use Center District, the applicant shall schedule a pre-application meeting with planning staff and the District Commissioner to determine the feasibility for the proposed plan and its relationship to the Forsyth County Comprehensive Plan and the Unified Development Code. The application can only advance to the Planning Commission with the support of the District Commissioner. Support of the District Commissioner for the application to proceed shall not limit the District Commissioner’s discretion in voting on the application.
(B)Master Development Handbook. To enable a thorough analysis of an application for the Mixed-Use Center District, the application requirements exceed those of other zoning districts. In addition to the standard requirements, applications for the Mixed-Use Center District shall include a Master Development Handbook. The handbook shall illustrate design criteria per 20B-2.3 in addition to proposed land use standards listed below. To avoid duplication, the information required for the Master Development Handbook can be combined with the standard requirements to amend the official zoning map. The Master Development Handbook shall include:
(1)The Uniform Plan. A plan of the project showing the location of proposed zones and the general trajectories of the various thoroughfares. At a minimum, the Uniform Plan shall differentiate between the following zones:
(a)Vertical Mixed Use Zones
(b)Residential Zones with separate designations for varying housing types
(c)Commercial, Office, or Industrial Zones
(d)Civic and Institutional Zones
(e)Open Space Zones with active community spaces identified The applicant may develop more specific zones and or modify the name of the zones to better represent the theme of the proposed Mixed-Use Center District. An application is not required to include each of the zones listed above, see 20B-2.2 for requirements related to permitted uses.
(2)Land Use Standards. A matrix of text and or diagrams that regulate the permitted uses and performance standards for each zone identified in the Uniform Plan. Regulations of the Unified Development Code that are not listed in the Land Use Standards shall default to the standards identified in other chapters, which will be determined by the director in any case in which applying the regulations of other chapters would be unclear. At a minimum, the following land use standards shall be established for each zone identified in the Uniform Plan:
(a)Permitted uses
(b)Minimum lot size
(c)Minimum lot width
(d)Minimum setbacks
(e)Minimum building separation
(f)Buffers and impervious surface setbacks*
(g)Maximum height
(h)Maximum building coverage
(i)Parking and loading requirements
*Riparian buffers and impervious surface setbacks as set forth in UDC 18-11.2 shall not be modified except via the process in UDC 18-11.3.
(3)Community Standards. The community standards are intended to produce visual compatibility among various building types and, at a minimum, the Community Standards shall address lighting, signage, fences, landscaping, building materials, building colors, and other architectural features.
The following shall be submitted to address each of the Community Standards:
(a)Lighting. A pedestrian scale lighting illustration that demonstrates the relationship of the pedestrian to street light features and types and styles of light fixtures that will be used.
(b)Signage. Signage plan pertaining to non-residential use for any proposed sign types. All proposed signage in the signage plan shall conform to the dimensional and numerical requirements of the Forsyth County Sign Ordinance.
(c)Fences. Fence and wall details for community, residential spaces and non-residential uses that demonstrate a cohesion in material and maintain a relationship with the character of the surrounding land uses and structures.
(d)Landscaping. A landscape plan that incorporates planting materials to enhance the existing area, particularly as viewed from an adjacent right-of-way, and to mitigate development impacts.
(e)Building Materials. Building elevations and details pertaining to wall finishes with indication of the wall cladding material.
(f)Building Colors. Building elevations or renderings demonstrating the permissible colors for materials on walls, roofs, and any accent feature.
(g)Architectural features. Details pertaining to elements found in the built environment that create community character and visual interest.
(4)Phasing Standards. The phasing standards shall consist of a construction phasing schedule and plan for phased projects. Phased projects shall comply with the following criteria:
(a)For a Mixed-Use Center District development, the developer is required to obtain a certificate of occupancy for a significant component of the non-residential uses prior to completing development of any residential element, if present.
(b)For all Mixed-Use Center District developments, upon completion of the initial phased development, the proposed future phases shall remain as accessible open space areas, provided the land is undisturbed and not hazardous to the health, safety, and welfare of residents and the public, until such time that the proposed portion will be constructed.
(5)Additional Requirements. Text, drawings, and/or diagrams providing the following information:
(a)Method of water and sewer service, including verification of capacity;
(b)A summary of the anticipated maintenance and ownership of streets and open spaces;
(c)Proposed maximum number of residential dwelling units by type and minimum lot size, if applicable;
(d)Proposed maximum gross floor area devoted to non-residential uses;
(e)A plan identifying the existing tree canopy. Information available from the County's GIS data is acceptable for the rezoning stage;
(f)Existing topography with contour intervals no greater than four (4’) feet. Information available from the County's GIS data is acceptable for the rezoning stage;
(g)State waters, wetlands, and floodplains. Information available from the County's GIS data is acceptable for the rezoning stage; and
(h)A summary of issues related to connectivity. The information should include available information on private and public streets; significant vehicular parking and loading areas; the provision of bicycle parking areas, paths, sidewalks, and other similar features; and interconnections to adjoining property.
(i)The design of all building facades, including exterior finish materials, architectural elements and other details necessary to clarify exterior features.
§ 20B-2.7
Amendments.
(A)Conformance to Approved Master Development Handbook. All further development of the property shall conform to the approved Master Development Handbook, regardless of any change in ownership, unless the County approves minor or major amendments.
(B)Minor Amendments. The director may approve minor amendments to the approved Master Development Handbook, which are in compliance with the provisions and intent of this article, and do not depart from the principal concept of the approved Master Development Handbook. Minor amendments are those determined by the director to meet the purpose and intent of the Mixed-Use Center District, which would not affect adjacent properties. Minor amendments shall be approved as part of the land disturbance permitting process. The director may require the applicant to provide written justification for the minor amendment if such justification is not evident within the land disturbance permit itself.
(C)Major Amendments. Should the director determine that a requested change or deviation from the approved Master Development Handbook departs from the principles of the Master Development Handbook and would affect adjacent properties, the proposed modification will be classified as a major amendment. The applicant may apply for approval of a major amendment to the Board of Commissioners as an application for modification of conditions of zoning, as established in Chapter 8 Article IX of this Code.
ARTICLE III, MIXED RESIDENTIAL DISTRICT (MRD):