resolution no. 2015-a - The Town of Collierville

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.
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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:
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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
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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
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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
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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
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Res 2015-A
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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).
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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
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Shelto n Rd
W Shelton Rd
E Shelton Rd
N Byhalia Rd
Rd
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Collierville
Peterson Lake Rd
E Powell Rd
E Lawnwood Dr
W White Rd
E Wh
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Winchester Rd
ite Rd
Fle
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W So uth
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Gran
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Bailey
Civ ic Ce nt
Hill Rd
Pa rk
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Rd
Qu
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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
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Sy
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Shelby Post Rd
S Byhalia Rd
Rd
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Progress Rd
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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.
H:\arc9_projects\Planning\Sean\Multifamily_1_9_2015.mxd