Agenda Numbers: PC15-06 MEETING DATE: April 7, 2015 REPORT TO THE PLANNING COMMISSION SUBJECT: Resolution No. 2015-A (PUBLIC HEARING) - A Resolution of the Planning Commission of the Town of Collierville to amend the Collierville 2040 Land Use Plan, the official General Plan for the Physical Development of the Municipality and its Urban Growth Area, to reflect land use policy decisions made by the Planning Commission and Board of Mayor and Aldermen since the Collierville 2040 Land Use Plan (hereafter 2040 Plan) was adopted in April of 2012. EXHIBITS 1. Resolution 2015-A, with: x Attachment A- terms and standalone apartment cap, 3/31/15. x Attachment B- permit data, 3/31/15. x Attachment C- no net gain of standalone apartments policy, 3/31/15. 2. Existing and Future Stand-alone Apartment Development, 2/10/15. KEY QUESTIONS: As the Planning Commission considers this update to the Collierville 2040 Land Use Plan, which includes 15 distinct changes summarized in the table in the Resolution (see Exhibit 1), three questions should be considered: 1. Will new policy be created with this update? No. Three years after the formal adoption of the 2040 Plan, the document does not reflect several decisions made by the Planning Commission and/or Board of Mayor Aldermen. This is not uncommon for an adopted land use plan for a municipality that serves as a non-binding general guideline for land use policy, and periodic “cleanup” amendments are customary and to be expected. For example, recent rezonings to allow new single family homes along Collierville-Arlington Road (Edit #8) warrant making the commercial node in that area smaller. Also, since the adoption of the 2040 Plan, Collierville Middle School, and the new Collierville High School both have new campuses (Edit #s 7 and 11). The most notable edit proposed by Resolution No. 2015-A is a clarification (Edit #s 3, 4, 5, 9, and 14) of to the Town’s “no net gain in multifamily” policy (see detailed explanation in Exhibit 2). Through the 2040 Plan adopted in 2012, the Town has said that it is inappropriate to approve stand-alone multifamily (apartment) developments “unless they have secured from properties entitled (prior to 2011) to their rights to build multifamily so that, if the new project is approved, the Town realizes no net gain in multifamily dwelling units at build-out.” An exception to this policy is any stand-alone multifamily (apartment) developments that could occur in the Downtown Collierville Small Area Plan (2010), which was adopted prior to the Collierville 2040 Plan (2012). When read together, the Town-wide number of “stand-alone” apartments should not exceed 3,532 dwelling units, which does not include the 551 stand-alone apartments that could potentially be built in the Downtown area (although many of those could be duplexes, townhouses, or condos). This clarification serves as a maximum number (a “cap”) of stand-alone apartments the community will see at build-out, which is easier to measure and track than percentages and ratios of single family detached to stand-alone apartments. The community has historically been, and will continue to be, comprised of predominantly single family households. The “no net gain in stand-alone apartments” policy (see p. III20 of the 2040 Plan) is specifically drafted to ensure that this happens over time. Given the existing and approved (but not built) properties entitled (prior to 2011) to build stand-alone apartments, the Town should expect to see only 1,138 more stand-alone apartments built outside of the Downtown Area. 4/1/2015 5:47:11 PM Page 1 of 3 2. What is the role of the Planning Commission in this update? Resolution 2015-A, if adopted by the Planning Commission, will serve as the certification and transmittal of the amendment to the Land Use Plan to the Board of Mayor and Aldermen (BMA), which is required under State Law. The BMA also adopts updates to the Land Use Plan, and will consider an identical resolution (Resolution 2015-16) to consider these revisions. 3. Has proper public notice been given for the update? Yes. Both resolutions, and the required public hearings, were publically advertised in the local newspaper (Collierville Independent) on February 25, 2015. Furthermore, the amendments were published in the newspaper as part of the Planning Commission’s agenda and provided online in PDF format. BACKGROUND AND DISCUSSION: In 2012, the Town adopted the 2040 Plan, which, pursuant to Tennessee Code Annotated 13-4-203, serves as a guide for the orderly growth and development of the community, insuring adequacy of public infrastructure, and facilitating the preservation and protection of the residential base while sustaining a diverse and prosperous economic base. The 2040 Plan effort replaced the Town’s Land Use Plan adopted August 2001. This update to the 2040 Plan is the fifth land use planning effort undertaken by the Town in recent years: x 2009 – I-269 Small Area Plan (Adopted) x 2010 – Downtown Collierville Small Area Plan (Adopted) x 2012 – Collierville 2040 Plan (Adopted) x 2014 – Update to the I-269 Small Area Plan (Adopted) x 2015 – Update to the Collierville 2040 Plan Developed by Staff (pending PC Resolution 2015-A and Resolution 2015-16) Resolution 2015-A would alter the Collierville 2040 Land Use Plan (hereafter 2040 Plan) adopted in 2012 as described in the key questions section and the table of edits in the resolution (see Exhibit 1). The update is intended to reflect only land use policy decisions already made by the Planning Commission and Board of Mayor and Aldermen since the 2040 Plan was adopted in April of 2012, such as: x rezoning decisions that affect the Place Type Map and Gross Density Map (Villas at Tara Oaks, Harpers Trail); x new educational campuses (Collierville Middle School, Collierville High School); and x a clarification of the “no net gain in multi-family” policy to use the “stand-alone” apartment terminology (see Exhibit 2) and replace the percentage approach to enforcing the “cap” to including the specific number of “stand-alone” apartment units that were approved prior to 2011 outside of the Downtown Area. The build-out mix described as “85% single family to 15% multifamily” will be replaced with language that says that the Town-wide number of stand-alone apartments should never exceed 3,532 dwelling units, excluding any stand-alone apartments that could potentially be built in the Downtown area. Senior housing, townhouses, dwellings above nonresidential uses do not apply towards the cap either. A full version of the April 2012 version of the adopted 2040 Plan can be found online on the Town’s website at Home/Departments/Development/Planning/Collierville 2040 Vision. NEXT STEPS: For the amendment to the Collierville 2040 Land Use Plan to be complete, the following must occur: 4/1/2015 5:47:11 PM Page 2 of 3 x x BMA to Consider Update: The Planning Commission’s adoption of Resolution No. 2015-A will serve as the certification and transmittal of the amendment to the Land Use Plan to the Board of Mayor and Aldermen (BMA), which is required under State Law. The BMA must also approve the update to the Land Use Plan, and will hold a public hearing and consider an identical resolution on April 13, 2015. Staff to Edit Formal Document: If both the PC and BMA adopt identical versions of the update, staff will formally integrate the edits into the formal document and release an updated version of the Collierville 2040 Land Use Plan on the Town’s website within 30 days of the final selection of the Collierville High School location (see Edit #s 7 and 11), as this decision will affect the Place Type Map. EXAMPLE MOTION: That the PC adopt Resolution No. 2015-A (Exhibit 1), a Resolution of the Planning Commission of The Town of Collierville to amend the Collierville 2040 Land Use Plan. CONTACTS: Contact: Organization: Address: Phone: Fax: 4/1/2015 5:47:11 PM Applicant Jason Gambone Development Director Town of Collierville 500 Poplar View Parkway Collierville, TN 38017 901.457.2300 901.457.2354 Project Planners Jaime W. Groce, AICP, Town Planner (primary) Sean Isham, AICP, Long Range Planner Town of Collierville 500 Poplar View Parkway Collierville, TN 38017 901.457.2360 901.457.2354 Page 3 of 3 &YIJCJU PC RESOLUTION NO. 2015-A A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF COLLIERVILLE TO AMEND THE COLLIERVILLE 2040 LAND USE PLAN, THE OFFICIAL GENERAL PLAN FOR THE PHYSICAL DEVELOPMENT OF THE MUNICIPALITY AND ITS URBAN GROWTH AREA, TO REFLECT LAND USE POLICY DECISIONS MADE BY THE PLANNING COMMISSION AND BOARD OF MAYOR AND ALDERMEN SINCE THE COLLIERVILLE 2040 LAND USE PLAN (HEREAFTER 2040 PLAN) WAS ADOPTED IN APRIL OF 2012. WHEREAS, the Land Use Plan serves as a general and non-binding guide for the orderly growth and development of the community, insuring adequacy of public infrastructure, and facilitating the preservation and protection of the residential base while sustaining a diverse and prosperous economic base; and WHEREAS, communities such as Collierville that are experiencing growth should review and update the Land Use Plan to insure consistency with community goals and objectives from time to time; and WHEREAS, a public hearing was held by the Planning Commission on ________ for PC Resolution 2015-A and notice has been provided per Public Chapter 1150 (resolution was advertised in the newspaper on February 25, 2015); and NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF COLLIERVILLE, TENNESSEE THAT: Section 1. The Collierville 2040 Land Use Plan, last updated April 9, 2012, shall be amended verbatim as depicted in Attachments A, B, and C, with new text added shown in red bold underline and text to be removed shown in red with a strikethrough. Section 2. The Collierville 2040 Land Use Plan, last updated April 9, 2012, shall be updated to reflect the following revisions. Edit # Chapter 1 All 2 Chapter 1 Page All pages Page I1 3 Chapter 1 Page I3 Description of the Revision Change the date in the footnote from “April 9, 2012” to new date, which should be the date the BMA adopts it. To the Introduction, add the new PC and BMA adoption dates to reflect the revisions. Change the terminology from “multifamily” to “stand-alone apartment” for this policy to reflect the language in Exhibit 2. A numerical cap of standalone apartments of 3,532 will be added to replace the percentages shown, which based on the latest estimates in Exhibit 2. The policy excludes around 551 stand-alone apartments that could potentially be built in the Downtown area. See Attachment A to the resolution for the exact wording. 1 Res 2015-A Rev 3/31/15 4 Chapter 2 Page II-2: 5 Chapter 3 Page III-4 6 Chapter 3 Page III-5 7 Chapter 3 Page III-10 8 Chapter 3 Page III-11 9 Chapter 3 Page III-11 10 Chapter 3 Page III-14 11 Chapter 3 Page III-14 12 Chapter 3 Page III-15 13 Chapter 3 Page III-15 Update Table 2-4 to included 2012, 2013, and 2014 new residential construction permits and a sentence explaining “a recovery from the recession was observed” and how “the low lot inventory and continued demand trends will likely see new residential lots constructed making way for new home construction.” See Attachment C to the resolution for the exact wording. Change the Place Type map to show Villas of Tara Oaks Property (Ordinance 2014-06) as “Conventional Suburban Neighborhood”. Also, take out the references to “multifamily (residential attached, horizontal), townhomes (residential attached, vertical),” under the Secondary Land Uses section. Except for the areas shown as entitled prior to 2011 for standalone apartments in Exhibit 2, no other areas of “Conventional Suburban Neighborhood” are appropriate for stand-alone apartments without an amendment to the Collierville 2040 Land Use Plan. Take Collierville Middle School’s new campus (580 Quinn Rd) off the Context Map. Add Collierville Middle School’s new campus location (580 Quinn Rd) to the Context Map. Also, add the Collierville High School’s new campus location (once it is determined by the Town and Collierville Municipal School District) to the Place Type map. Take Villas of Tara Oaks (Ordinance 2014-06) property off of the Place Type map. Rephrase a portion of the “CHARACTER & INTENT” section related to multifamily to say, “More intense residential uses such as attached dwellings (duplexes, condos, townhouses, stand-alone apartment complex, etc) developments are located at strategic locations and serve as transitional uses. New attached dwellings shall be approved on a case-by-case basis in a manner consistent with this Plan’s stand-alone apartment complexes site criteria (see p.III-20).” Also, change the reference to in the table “(see also multi-family policy on p.III-20)” under the Form and Pattern Section to say “see standalone apartment policy on p.III-20” Change Villas of Tara Oaks (Ordinance 2014-06) Property to Suburban Neighborhood Place Type. Change Collierville Middle School’s new campus location 580 Quinn Rd) to the Office/Institutional Campus Place Type. Also, change Collierville High School’s new campus location (once it is determined by the Town and Collierville Municipal School District) to the Office/Institutional Campus Place Type. On the Maximum Gross Density Map, change the Villas of Tara Oaks property (Ordinance 2014-06) to 2.51 to 3.0 DUA, as the property before was anticipated for nonresidential uses. On the Maximum Gross Density Map, change the Harpers Trail property (Resolution 2014-17) to 2.51 to 3.0 DUA, as the property before was anticipated for nonresidential uses. 2 Res 2015-A Rev 3/31/15 14 Chapter 3 Page III-20 15 Chapter 4 Page IV-2 Change the terminology from “multifamily” to “stand-alone apartment” for this policy to reflect the language in Exhibit 2. Also, change balance of units in build-out scenario to reflect latest build-out estimates. A numerical cap of standalone apartments of 3,532 will be added to replace the percentages shown, which based on the latest estimates in Exhibit 2 and excludes around 551 stand-alone apartments that could potentially be built in the Downtown area. See Attachment C to the resolution for the exact wording. In the next “NEXT STEPS” section, change the step related to TDR to read as follows “The Collierville Design Guidelines should be updated to strengthen guidelines related to stand-alone apartments, townhouses, and condominiums, and allow for a transfer of development rights (TDR) program for existing entitlements, to better implement the recommendations of the Stand-Alone Apartments Policy (see p.III20).” Section 3. Collierville has decided not to formally adopt its Land Use Plan by ordinance, which makes the Collierville 2040 Land Use Plan, and any referenced Small Area Plans, advisory in nature, and not a legally binding document, pursuant to TCA 13-4-202. The Collierville 2040 Land Use Plan and any amendments hereto are planning documents only, and their adoption shall not confer on any rights or bind the future decisions of the Board of Mayor and Aldermen, Planning Commission, Design Review Commission, Historic District Commission, Board of Zoning Appeals, or staff in the consideration of development applications, including, but not limited to, site plans, planned developments, rezonings, and various ordinances and resolutions that are regulatory in nature. In addition to consistency with the Collierville 2040 Land Use Plan, approval of development plans, ordinances, or resolutions, will be considered on their own merits for compliance with Town regulations, minimizing impacts to surrounding properties, and adequacy of infrastructure. Section 4. Adoption of this resolution shall not nullify or void approval of any development plan approved prior to the effective date of this Resolution that has received proper approval from the Town of Collierville in accordance with Town regulations. Section 5. This Resolution shall serve as the certification and transmittal of the amendment to the Land Use Plan to the Board of Mayor and Aldermen. Section 6. This Resolution shall become effective upon its adoption by the Planning Commission, the public welfare requiring it. Adopted this the ____ day of ___, 2015. ______________________________ Gregory Cotton, Chairman ATTEST: _____________________________ David Bradford, Secretary 3 Res 2015-A Rev 3/31/15 Attachment A 9. Community Designed for Uniqueness and Attractiveness: The following regionally renowned attributes have enticed people to live, work and visit the community: o Historic Charm and Character: The community has stayed true to Town traditions and ensured that new growth has captured the feel and character of the Historic Square. New buildings built in the community are of high quality designs and materials. Businesses are thriving at the Square and it has seen expansion through implementation of the Downtown Collierville Small Area Plan. o Quality and Predominantly Single Family Housing Development: The community has historically been, and will continue to be, comprised of predominantly single family households. The Town also has a carefully balanced range of housing choices for people and families of all ages, including senior housing, townhouses, condos, “loft” dwellings above nonresidential uses, and stand-alone apartments. The Town-wide number of stand-alone apartment units shall not exceed 3,532. This limitation excludes stand-alone apartment complexes that could potentially be built in the Downtown area after 2011, which would likely be smaller in size based on limited availability of vacant land and redevelopment opportuntites. To achieve this balance, a build-out mix of 85% single family to 15% multifamily will be maintained. Senior housing, townhouses, and condos may be appropriate on a case-by-case basis based on design and location. The Town has created standards, regulations, and adopted property maintenance codes to ensure that new housing is upscale and appealing and that older housing stock remains well-maintained and attractive. New homes are built in such a way to protect property values. Public input is encouraged whenever a new neighborhood is proposed. 4 Res 2015-A Rev 3/31/15 Attachment B Residential Development Trends For most of the last decade, residential development in Collierville remained strong, with a peak of 639 building permits issued for new homes in 2002. Over 500 permits were issued for new homes in 2004 and 2005. In the latter part of the decade, permits declined considerably. The drop in permits coincided with downturn in the regional and national economy. As indicated in Table 2-4, the number of permits can fluctuate from year to year, even in strong years. While still below the rapid rate of activity experienced in the early and middle years of the last decade, new residential construction activity showed promising improvement in 2011 with over twice as many permits issued compared to the low experienced in 2010 has recovered in recent years as evidenced by sustained permit activity for single-family detached and attached dwellings (duplexes and townhouses) and spikes in in 2012 and 2013 of stand-alone apartments and various forms of group quarters. Table2Ͳ4:ResidentialNewConstruction* (2002Ͳ2011) YEAR NEW PERMITS %CHANGE (fromprevious year) 2002 639 70% 2003 489 Ͳ23% 2004 534 9% 2005 566 6% 2006 378 Ͳ33% 2007 223 Ͳ41% 2008 78 Ͳ65% 2009 84 8% 2010 49 Ͳ42% 2011 103 110% 2012 355 244% 2013 649 82% 2014 142 Ͳ78% SOURCE:ColliervilleDevelopmentDept. *Includesalltypesofdwellings:singleͲfamily detachedandattached,multifamily,standͲ aloneapartmentsandgroupquarters. 5 Res 2015-A Rev 3/31/15 Attachment C ADDITIONAL GUIDELINES FOR SPECIFIC TYPES OF DEVELOPMENT Location & Design Criteria for Multi-Family Development Many community concerns regarding multi-family stand-alone apartment development have been related to design issues, impacts on lower-density single-family detached homes in proximity, and other adverse impacts (high concentration of Police calls, enrollment pressure on Collierville’s newly-formed municipal schools); however, in 2011 multifamily stand-alone apartment complexes were among the highest property tax generating properties in Town and help with providing a diversified Town-wide housing product mix. In response to the adopted goals and objectives listed in Chapter I, the Collierville 2040 Land Use Plan sets forth the following measures to provide additional timelessly designed housing variety in the community in the appropriate locations, while simultaneously protecting Suburban Neighborhoods and other low-density areas. Multifamily housing Stand-alone apartment complexes should be confined to the following circumstances: x existing sites presently (2011) zoned within the Town, including currently-approved planned developments that presently have designated multi-family (stand-alone apartment) housing areas; and x Areas recommended for various forms of multi-family (stand-alone apartment) housing per an approved Small Area Plan (Downtown Collierville Small Area Plan, I-269 Small Area Plan); and “Live above” and other types of residential dwellings located above ground-floor non-residential uses (e.g. retail and office) and vertically-attached residential dwellings (e.g. townhouses) with fee-simple (via individually platted lots) or (clearly documented plans for) condominium ownership shall not be counted towards the maximum number of units. These types of mixed-use residential units will be calculated separately from the overall percentage of multi-family cap on stand-alone apartment units. The Town encourages vertically-oriented mixed-use development in areas where such development is permitted. By following this policy, no more than 3,532 stand-alone apartments dwelling units will be built in Collierville and the Town-wide residential mix at build-out should be around 83% single family detached, 14% stand-alone departments, and about 3% of other forms of attached residential This projected mix does not take into account “group quarters”. Location and design criteria have been developed to minimize conflicts between multi-family standalone apartment complexes developments and the community at large. Since no new multi-family stand-alone apartment units are appropriate other than as provided above, a site not meeting these criteria prior to 2011 may be eligible for new multi-family stand-alone apartment units provided the cap on stand-alone apartment is not exeeded, but a new site must be within areas designated for Suburban Commercial, Mixed-Use, Downtown Core, or Traditional Neighborhood development. Appropriate locations for new multi-family stand-alone apartment complexes development must meet all of the following criteria to be considered appropriate: x x No net gain in multi-family stand-alone apartments: Applicants must provide proof via a transfer of development rights or other documentation appropriate to the Town that they have secured from properties entitled (prior to 2011) to their rights to build multifamily (stand-alone apartments) so that, if the new project is approved, the Town realizes no net gain in multifamily dwelling units at build-out. By following this policy, the Town-wide residential mix at build-out should not exceed 16.9% multifamily and 83.1% single-family. Proximity to Major Roads: Multi-family stand-alone apartment complexes development should either be contiguous to a freeway (SR-385 or I-269) or have direct access to a road classified as an arterial or major collector (four-lane divided only) per the Town of Collierville Major Road 6 Res 2015-A Rev 3/31/15 x x x Plan to avoid overloading local streets and to prevent encroachment into predominantly single family areas. Proximity to Commercial Nodes: The subject tract is located within, or adjacent to, a commercial node (e.g. Suburban Commercial, Mixed-Use, and Village Retail Place Types). Avoid Large Concentrations: Portions of Town should not develop as large concentrations and clusters of multi-family stand-alone apartment dwellings (more than 400 contiguous units regardless of ownership or property lines), but rather distributed throughout the community in a balanced manner that provides a mix of uses and densities. Unless otherwise previously approved at a higher density, multi-family stand-alone apartment complexes development should not be developed at a gross density higher than 8.0 dwelling units per acre. Limited to One Corner: Furthermore, multi-family stand-alone apartment complexes development shall be limited to only one corner of a major intersection, unless part of a mixeduse development where multi-family stand-alone apartment residential dwellings are located above ground-floor non-residential uses (e.g. retail and office). 7 Res 2015-A Rev 3/31/15 &YIJCJU DEVELOPMENT DEPARTMENT Planning Division Jaime W. Groce, AICP Town Planner Town of Collierville MEMORANDUM TO: Board of Mayor & Aldermen Planning Commission FROM: Jaime W. Groce, AICP, Town Planner Sean Isham, AICP, Long Range Planner CC: James Lewellen, Town Administrator Jason Gambone, Development Director DATE: February 10, 2015 SUBJECT: Existing & Future Stand-Alone Apartment Development The purpose of this memorandum is to provide an overview of existing and future stand-alone apartment complexes in light of last month’s approval of a development agreement for Carrington II (Schilling Farms Phase 56), plus other recent changes such as amending the I-269 Small Area Plan to prohibit stand-alone apartments in the plan’s study area. Given the recent discussion about the Conditional Use Permit for South Street Station, it is also the intent of this memo to discuss the different physical forms attached residential units can take and different ownership approaches commonly used. In other words, we want to clarify that the “no net gain policy” of the 2040 Land Use Plan is applicable to stand-alone apartment complexes, but does not apply to other forms of attached/multifamily dwelling units. This memo also will discuss how private property rights are conveyed through land use policy. As with previous memorandums, a comparison of the number of stand-alone apartment units in comparison to single-family homes is provided. This memorandum also summarizes Land Use Plan policy recommendations and the Zoning Ordinance’s provisions regarding multi-family development. The memo is intended to provide staff commentary and analysis regarding many complex layers of land use polices and laws and it should not be construed as adopted Town policy. Building Form vs. Ownership: Since the memorandum was last updated, staff has observed confusion with the use of the term “multi-family” and what it means. Technically speaking, the term “multi-family,” also referred to in some of the Town’s land use regulations as “attached dwellings,” is a very general term that can apply to any building in which there are two or more dwelling units. Attached units are simply more than one dwelling that are physically attached, and that general definition includes apartment buildings, condos, fee simple townhouses, and residential above office/retail. Below is a summary of commonly-used terms with insight into physical form and ownership: x Stand-alone Apartments: These dwellings can be attached side-by-side, or on top of each other. There are most often multiple structures on one lot, but in Downtown Collierville it may be appropriate for apartments to be in a single building tucked into a block. Standalone apartment complexes are required to be screened from residential areas and must meet architectural and site design standards. While they have their place in providing a diverse land use mix, the Town has grown increasingly concerned about large standalone apartment complexes and clusters of separate complexes, as the intensity and scale of these forms is often not consistent with the predominately single family neighborhoods in the community. The Town has special design guidelines to require such architecture and buffering. An entity owns and maintains the single lot and units are rented. This is a commercial venture and they pay commercial property tax rates. Local examples are Signature at Schilling Farms and Westbrook Crossing. x Townhouse Units: These dwellings are to be attached side-by-side fee simple dwelling units with lot lines running under the walls that separate the units, which are usually 4 to 8 per building. Each unit would typically have a small front yard and back courtyard (or side courtyards on the end units). The Town has special design guidelines to require parking and garages to the back in some cases (like Downtown), so that the emphasis is on the architecture. Almost always there are homeowners associations to take care of common private improvements, like driveways, parking lots, lawn areas or detention ponds. There is nothing to prevent an individual homeowner from renting their unit to someone, and someone could own multiple dwellings and rent them out (if the homeowners association allows it). A local example is Central Square on Center Street. They are fee simple. Many are owner-occupied. Some are rented. x Duplex/Triplex Units: These dwellings are attached side-by-side with each two- or threeunit building being on a single, fee simple lot. If there are multiple buildings and lots, this type of development can resemble a stand-alone apartment complex. Duplexes and triplexes can also be designed to blend in with single family areas and are an excellent transitional use/form adjacent to nonresidential areas. The Town has special design guidelines to require parking and garages to the back in some cases (like Downtown), so that the emphasis is on the architecture. There is nothing to prevent an individual lot owner from renting their unit (or the other side of their unit) to someone, and someone could own multiple duplexes and rent them out. A local example is South Street Station in the Downtown area (approvals were finalized last night with the rezoning to TN: Traditional Neighborhood). Duplexes are seen as a commercial venture and they pay commercial property tax rates. x Condominiums: These can look like apartment complexes or duplexes/triplexes/quadplexes, or townhouses. The main difference with a condominium (often called a condo) is the form of ownership. The difference between an "apartment" complex and condominium is purely legal. There is no way to differentiate a condominium from an apartment simply by looking at or visiting the building. What defines a condominium is the form of ownership. Individual home ownership within a condominium is construed as ownership of only the air space confining the boundaries of the home. A condominium complex is a collection of individual home units and commonly-owned spaces/areas/features along with the land upon which they sit, like hallsways, exterior building facades, driveways, parking lots, lawn areas, or detention 2 x x ponds. Condominiums have conditions, covenants, maintenance fees/dues, restrictions, and often additional rules that govern how the individual unit owners are to share the common spaces/areas/features. The Town has special design guidelines to require parking and garages to the back in some cases (like Downtown), so that the emphasis is on the architecture. There is nothing the Town can do to prevent an individual homeowner from renting their unit to someone, and someone could own multiple dwellings and rent them out (if the homeowners association allows it). A local example is The Oaks at Schilling Farms Condominiums. Many are owner-occupied. Some are rented. “Live/Work” Units: These could be under single ownership (like a townhouse), but the owner could have nonresidential uses downstairs. This is very different from a home occupation. Many of these, from experience in other parts of the country, are initially used 100% for residential on the ground floor, and they have the flexibility to do retail one day (maybe years down the road). By design, these areas are built to evolve. We do not have any local examples of these. Kentlands, Maryland, is a national example of a development with live/work units. “Loft” Units: These units are simply dwellings atop retail or office buildings. These units could be rented as apartments, but they could also be set up as condos for ownership of the “airspace”. A development called Birkdale Village in Huntersville, NC, which is similar to Collierville and outside of Charlotte, has such units. Locally, we have two of these development forms. One is the Kelsey Building on the east side of the Square. The second is the “coffee shop” floor use in the Carrington I. These upper floor units could be rented, with clusters of these atop what is essentially a shopping center, or simply used as a home by the fee simple lot owner/shop owner. We have the land use policies and zoning tools in place to do more of these over time, and we will likely see more as the market for this develops (near Square, Center Street, Schilling Farms, Price Farms, and I269 area). Role of the Land Use Plan: With the approval of the Collierville 2040 Land Use Plan in 2012, the Town adopted a policy of “no net gain” in multi-family units. To clarify, this policy essentially limits new stand-alone apartment complexes to properties entitled to such development prior to 2011 outside of the Downtown Small Area Plan area. “Entitled” properties are located in conventional R-4 zoning districts (discussed below) or planned developments previously approved for multi-family development. The BMA can amend the land use plan at will through the adoption of a resolution. The land use plan does not convey property rights. The land use plan serves as a general guide for BMA and PC in decision making related to land use. Below are three notable aspects to the land use plan as they relate to stand-alone apartment complexes: x Downtown Collierville Small Area Plan: Adopted in 2010, the Downtown Plan serves as the vision of the future physical development of the Downtown area, which encompasses the Historic Square as well as many of the Town’s historic residential neighborhoods and gateways. A variety of residential uses are encouraged in the Downtown area, including multi-family, which is recommended for specific portions of Downtown (Special Areas 1, 2, 3, 5, 9, 10, 11,12,13,16, and 18). This could take the form of stand-alone apartments, but due to limits in acreage, the total size of such complexes would likely not be similar to the large clusters of units seen in Schilling Farms. Downtown units have been calculated in the residential build-out projections for infrastructure planning purposes but 3 x x do not count towards the “no net gain” policy because of the “No Rooftop Initiative” in the Downtown Plan intended to boost the number of households within a 5 to 10 minute walk of the Square. That is why they are calculated separately in Table 3. Keep in mind that the number in Table 3 for Downtown is the “worst case” scenario for stand-alone apartments, as other forms of attached dwellings, such as condominiums, live above, duplexes, and townhouses are expected in this area and will likely bring down the total number of stand-alone apartments observed at build-out. I-269 Small Area Plan: As an addendum to the Land Use Plan, the Planning Commission adopted a plan to guide future growth in the I-269 Area in 2009 (the I-269 Area is generally located south of Bill Morris Parkway and to the west of Quinn Road with the Mississippi state line as the southern border and the Fayette County line as the eastern border), which includes several land use recommendations. The I-269 Small Area Plan allows for "horizontal residential" uses, which includes condos, live-work units, live-above units, and similar types of residential land uses other than single-family detached (e.g. houses) and townhouses in some portions of the study area. On October 13, 2014, the Board of Mayor and Aldermen (BMA) adopted an amendment that prohibits stand-alone apartment complexes in the I-269 Area. The maximum of 1,571 dwellings that could have conceivably been built as stand-alone apartments in the I-269 Area (more specifically in Special Areas 1, 2, and 4) must now take the form of “live/work” or “loft” forms of mixed-use development, which have non-residential uses provided on the ground floor. These types of units are not reflected in Table 3 anymore, as stand-alone apartments are no longer appropriate in the I-269 area due to the 2014 amendment by the BMA. Transfer of Development Rights: Collierville 2040 includes location criteria for new stand-alone apartment dwellings in the event an applicant has secured stand-alone apartment development rights from an existing entitlement owner. This transfer is allowed provided the location criteria are met and the Town realizes no net gain in standalone apartment dwellings (note: the existing entitlement holder loses the right to build the stand-alone apartment dwellings transferred to the applicant). The applicant(s) must provide proof via a transfer of development rights or other documentation appropriate to the Town that they have secured from properties entitled (prior to 2011) to their rights to build stand-alone apartment dwelling units so that, if the new project is approved, the Town realizes no net gain in stand-alone apartment dwelling units at build-out. It is expected that this could occur through two simultaneous planned development (PD) amendments that “transfer” a specific quantity of dwelling units to the new site. Provided that the Town follows the “no net gain” policy, this concept creates a “marketplace” for stand-alone apartment unit entitlements based on the number of units shown in Table 3. Role of the Zoning Ordinance: The Zoning Ordinance is the Town’s primary implementation tool for its Land Use Plan. The Zoning Ordinance currently limits multi-family land uses to R-4: Multi-Family Density Residential zoning districts. The R-4 zoning classification also allows other forms of residential uses (e.g. single-family, duplexes, and townhouses) and institutional uses (e.g. churches, fire stations). The R-4 zoning classification limits the density of apartment developments to a maximum of eight (8) dwelling units per acre (du/ac). With approximately 23 acres of undeveloped R-4 land within the Town’s boundaries, there are limited opportunities for future stand-alone apartment development projects under conventional zoning. A possible alternative to stand-alone apartments under conventional zoning is “accessory residential” development, where residential 4 dwellings are allowed on the upper floors of commercial buildings (i.e. “live-above units”) or as a “mother-in-law flat” in conjunction with an existing single-family residential dwelling in specific portions of Downtown. One of the more significant sources of existing and potential future stand-alone apartment complexes are planned developments. Approximately 89% of all existing stand-alone apartment units are located within planned developments (see Table 1 below for a list of existing multifamily developments). As described below, existing planned developments with vacant land approved for multi-family uses are also a significant source for potential stand-alone apartment complexes. The BMA, with a recommendation from the PC, can amend the zoning map at will through the adoption of an ordinance. The zoning ordinance does convey private property rights, and if the BMA changed the zoning of a property, they should be mindful to rezone to a district consistent with the land use plan and seek property owner consent to the rezoning (not required in Tennessee). Property owners that feel adversely affected by a rezoning could seek damages through litigation, but the outcome may depend on many factors (land use plan recommendations, etc). TABLE1:EXISTINGSTANDͲALONEAPARTMENTCOMPLEXESWITHUNITCOUNTS SUBDIVISIONNAME DEVELOPMENTNAME NO.ofUNITS %OFEXISTING UNITS ALMADALEFARMSPD,PH.3 DogwoodCreekApartments 280 12.34% CENTERCOURTAPARTMENTS CenterCourtApartments 40 1.76% COLLIERVILLAGEAPARTMENTS CollierVillageApartments 96 4.23% IRONWOODPD,PH.1 BaileyCreekApartments 232 10.22% LAURELWOODAPARTMENTS LaurelWoodApartments 36 1.59% POPLARVIEWMEADOWSPD,SEC.H OrchardsofCollierville 226 9.96% SCHILLINGFARMSP.D.,PH.47 TheSignatureatSchillingFarms 251 11.06% SCHILLINGFARMSP.D.,PH.50 CarringtonI 112 4.94% SCHILLINGFARMSPD,PH.20 LegacyFarmApartments 368 16.22% SCHILLINGFARMSPD,PH.18 TheMadisonatSchillingFarms 324 14.28% VILLAGEOFPORTERFARMSPD,PH.7 WestbrookCrossingApartments 235 10.36% VILLAGESQUAREAPARTMENTS VillageSquareApartments 30 1.32% WALTONLAKEAPARTMENTS WaltonLake 23 1.01% WILLIAMS InglesideApartments 8 0.35% WINGOSUBDIVISION AldersgateApartments 8 0.35% 2,269 100% SUBͲTOTAL(EXISTING) Existing Stand-Alone Apartment Units: As of January 2015, the Town is approaching 2,269 stand-alone apartment dwelling units (roughly 13.1% of all residential units) with work finishing on The Signature and Carrington I, both located in the Schilling Farms Planned Development. 87% of all existing multi-family units are concentrated in the seven largest apartment developments (Legacy Farms, The Madison, and The Signature in Schilling Farms, Dogwood Creek Apartments, Bailey Creek Apartments, The Orchards of Collierville, and the Westbrook Crossing Apartments). Approximately 77% of all stand-alone apartment units are located in an area bounded by Town Hall to the northeast and extending to the southwest through Schilling Farms and the area surrounding the FedEx Tech Center. A list of existing multi-family 5 developments and unit totals are include above in Table 1. The current residential mix in Collierville is approximately 13.1% stand-alone apartment, 83.9% single-family detached residential, and 3.0% other forms of attached residential (e.g. townhouse, condominium, liveabove, duplex). Pending Stand-Alone Apartment Units: Pending stand-alone dwellings include The Carrington II (125 units), located on the north side of Winchester Boulevard and east of The Signature in the Schilling Farms PD. The Final Site Plan and Development Agreement have been approved by the BMA and construction is expected to start soon. Undeveloped/Vacant Sites with Conventional R-4 Zoning: There are two undeveloped sites with R-4 zoning: one site (approximately 21 acres) is located on the east side of Maynard Way, north of Poplar Avenue; a second site (approximately 0.53 acres) is located on the south side of Poplar Avenue, east of Maynard Way. 179 units could be built assuming maximum build-out of multi-family units is achieved on both sites (at a density of 8 du/ac). Undeveloped/Vacant Sites within approved Planned Developments: Staff estimates that up to a maximum of 959 stand-alone apartment units could be built within existing planned developments with vacant land approved for multi-family uses (Table 2). TABLE2:UNDEVELOPED/VACANTSITESWITHINPDsTHATALLOWSTANDͲALONEAPARTMENTSWITHMAXIMUMBUILDͲOUTESTIMATED PLANNEDDEVELOPMENT NO.of UNITS MAXIMUM BUILDͲOUT DESCRIPTION PROBABILITY OFMAXIMUM [2] BUILDͲOUT PROBABILITYOF ADDITIONAL MULTIͲFAMILY [2] UNITSBUILT [1] OTHERLANDUSES [3] ALLOWED BAILEYSTATIONPD [4] (AMENDED) PARCEL16 110 MODERATE MODERATE Office,AssistedLiving,Other Residential BAILEYSTATIONPD [5] (AMENDED) PARCELS 9,10,11,12,13, 14,&15 97 LOW MODERATE Office,OtherResidential 107 LOW LOW Commercial(SCCuses) [6] IRONWOODPD PRICEFARMS AREA4 [7] [8] SCHILLINGFARMSPD SUBͲTOTAL(PLANNED DEVELOPMENTS) AREA1 100 MODERATE HIGH AREAS 3,4,5,9,12,&13 545 HIGH HIGH 959 Retail,Office,Townhouses, LiveͲWork Retail,Office,OfficeͲShowroom,LightIndustrial, LiveͲWork,OtherResidential NOTES: [1] MAXIMUM BUILDͲOUT based upon the maximum number of apartments allowed or the maximum density allowed within the planned development for multiͲfamily uses (variesperdevelopment);Seenotesforindividualprojectsformoredetails.“Liveabove”andothertypesofresidentialdwellingslocatedabovegroundͲfloornonͲresidentialuses (e.g.retailandoffice)andverticallyͲattachedresidentialdwellings(e.g.townhouses)withfeeͲsimple(viaindividuallyplattedlots)or(clearlydocumentedplansfor)condominium ownershiparenotcountedtowardsthe“nonetgain”caponmultifamilyunits. [2] PROBABILITY scale of "Low", "Moderate", and "High" based upon other types of land uses allowed on the property, property location, property characteristics,andsurroundinguses. [3]OTHERUSESprovidesgeneraldescriptionofotherlandusesallowedonthesameproperty;Otherapprovedusesincreasethelikelihoodoffeweror nomultiͲfamilyunitsbeingbuilt. [4]BAILEYSTATIONPD:BasedonproposedamendedOutlinePlan;parcelslocatedsouthofFedExCampus. [5]BAILEYSTATIONPARCELS9Ͳ15:PotentialmultiͲfamilyunitsontwocontiguous,undevelopedparcels(5.53ac.&6.54ac.)includedinsamePDareaas FedExCampusͲpartoforiginalParcel14,whichallowedmultiͲfamilyuses. [6]IRONWOODPD,AREA4:Allows9.18du/ac;MultiͲfamilydevelopmentishighlyunlikelyduetosizeandlocation.Area4wassplitintotwoparcelswithfrontageonHouston LeveeRoad;Approximately11.7ac.total. [7]PRICEFARMSPD:OutlinePlanamendedin2009toallowamaximumof100residentialunits,including,butnotlimitedtomultiͲfamilyunits;Doesnot include16liveͲworkunitsthatmaybebuilt. [8]SCHILLINGFARMSPD: OutlinePlanamendedin2009toallowamaximumof1,725multiͲfamilyunits,notincludingliveͲworkunits;With692multiͲfamilyunitsbuilt(Madison Apts:324du,LegacyFarm:368du)builtpriorto2014,363unitsbuiltornearcompletionin2014(TheSignature:251duandTheCarringtonI:112du),and125du(CarringtonII) pendingconstructionasofJanuary1,2015,545additionalstandͲalonemultiͲfamilyunitscouldbebuiltwithinthePD. 6 It is unlikely that maximum build-out will be achieved within most existing planned developments. In all of the cases cited above, “multi-family,” which translates into the possibility of stand-alone apartments, is one of several uses allowed in a particular area within a planned development. In the table, staff has noted the other approved uses for each planned development and has estimated the probability that a particular planned development will (a) reach maximum build-out for “multi-family” uses; or will (b) have additional “multi-family” units built. The probability scale of "Low", "Moderate", and "High" included in Table 2 considers the other types of land uses allowed on the property, property location, property characteristics, and surrounding uses. The BMA, with a recommendation from the PC, can amend a planned development through the adoption of a resolution. The planned development does convey private property rights and is in some ways like a contractual agreement between the property owner and Town. If the BMA changed a planned development without all parties agreeing, they are reversing previous “entitlements” granted by a previous Board, often after substantial investment from a private property owner. Property owners that feel adversely affected by such an amendment could seek damages through litigation. Amendments to planned developments not initiated by the property owner are not advisable and the decision may be reversed if litigated. Other Forms of Housing: This analysis does not take into account “group quarters,” where people live or stay in a group living arrangement that is owned or managed by an entity or organization providing housing and/or services for the residents. The most common form seen in Collierville is senior housing facilities such as independent living facilities, assisted living facilities, or nursing homes. Currently, there are approximately 106 group quarter units in Collierville with more to come given the 263 (+/-) dwelling units approved, but not built, at the Farms of Bailey Station. More group quarter developments are likely as the ‘baby boomer’ generation advances past retirement. Summary: A total of 4,083 stand-alone apartment units are either built, pending construction, or could potentially be built based on either current zoning (including planned developments) or Land Use Plan designation. The current residential mix is approximately 13.1% stand-alone apartment, 83.9% single-family detached residential, and 3.0% other forms of attached residential (e.g. townhouse, condominium, live-above, duplex). Factoring the recently approved Carrington II development with no changes to the number of single-family dwellings, the residential mix would 13.7% stand-alone apartment, 83.3% single-family detached residential, and 3.0% other forms of attached residential. TABLE3:SUMMARYTABLE STANDͲALONEAPARTMENTS(BYSOURCE) NO.of UNITS EXISTINGDWELLINGS 2,269 PENDINGDWELLINGS 125 MAXIMUMPOTENTIALPERCONVENTIONALZONING 179 MAXIMUMPOTENTIALWITHINPLANNEDDEVELOPMENTS 959 MAXIMUMPOTENTIALWITHINDOWNTOWNSTUDYAREA 551 TOTAL 4,083 7 Based on the above projection of 4,083 stand-alone apartment dwelling units and projecting 31,185 single-family detached, attached, and other residential dwelling units, the residential mix at build-out would be 11.6% stand-alone apartment dwellings and 88.4% single-family detached and other forms of attached residential units. A stand-alone apartment mix of 11.6% will be well under the 16.9% multi-family maximum recommended by the 2040 Plan. Perhaps the Town’s focus, given the “no net gain” policy as explained and analyzed in this memo, should be less on the build-out residential mix and more focused on the hard cap of 1,138 stand-alone apartment units left “on the table” that can be extrapolated from this policy. If the Town holds to this policy, this should be easy to track over time. 8 Wol f R iv er B l Shelto n Rd W Shelton Rd E Shelton Rd N Byhalia Rd Rd Ha r pers Collierville Peterson Lake Rd E Powell Rd E Lawnwood Dr W White Rd E Wh ard W M a yn Winchester Rd ite Rd Fle g Bl E W Poplar Av r he Rd e te dS p le Dr E Poplar Av ill in W So uth h St US 72 Schilling Bl Rowlett W Cowan Rd Sc E W inchest er Bl tc Gran New B yh a lia Rd Market B l e r Dr y Bailey Civ ic Ce nt Hill Rd Pa rk Station Rd Qu e en Oak St W Powell Rd Ferry D r Arling ton Rd Greenview Rd O aks Ln Rollin g Bray Station Rd Shea Rd Crooke d Creek Rd E Harpers F y err S Houston Levee R d Frank Rd E South St S Center St Hw W South St Keough Rd S Shea Rd m ca or e nt easa t Pl Sy E US Shelby Post Rd S Byhalia Rd Rd E Shelby Dr Progress Rd d Rd ill e R SM rv Collie 72 Quinn Rd Fleming Rd Hw E Holmes Rd Existing and Future Stand-Alone Apartment* Development Apartment Areas Pending / Under Construction Entitlement Area 1 inch = 3,750 feet January 13, 2015 Small Area Plan** Existing Town Boundary Notes: * Summary of attached dwellings likely to be stand-alone (rental) apartments. "Live above" and other types of residential dwellings located above ground-floor non-residential uses (e.g. retail and office) and vertically-attached residential dwellings (e.g. duplexes) with fee-simple (via individually platted lots) or (clearly documented plans for) condominium ownership are not counted towards the "no net gain" cap on multifamily units. μ ** Small Area Plan: All of these properties are not likely to develop as stand-alone apartments. There are existing uses/structures to remain or other uses are more likely (e.g. detached residential, retail, office) per the Downtown Collierville Small Area Plan. In some cases, stand-alone apartment uses are only appropriate for a portion of the sub-areas highlighted in this map per conditions described in the applicable Small Area Plan. The BMA clarified that stand-alone apartments are not appropriate in the I-269 Small Area Plan per a plan amendment adopted in 2014, but other forms of attached dwellings are. 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