letter to the editor
Ordinance overrules CLUP on property rights
Much has been made this last year about how the Town limited apartments to 25 percent of the Mixed-Use Town Center area. It has been stated that this limitation is the reason that at least one Town official voted in favor of the changes. However, a closer look at the changes show that apartments can still be built in other areas of the MUTC.
Last January, changes were made to the Comprehensive Land Use Plan and the MUTC portion of the General Commercial (C-1) Zoning Ordinance. The two CLUP changes say, “High-density residential should only be permitted as part of a town-center development plan” and “A town center development plan, which includes high density residential, is intended to be located only in the area bound by S. Campbell Station Road, Concord Road and Kingston Pike.”
Then last fall, the CLUP High-Density Land Use Description location was changed, stating, “Limited to areas where it exists or has been approved as part of a Planned Commercial Development.” While these changes would seem to indicate “no more apartments,” it is not that clear.
The governing Zoning Ordinance is the C-1 (General Commercial) Zoning District. It codifies the MUTC area requirements. The Uses section allows for “Residential, provided it is located in the upper floors of a building that has been designed and constructed for a mix of uses, or on any floors if it is part of an approved horizontally configured mixed-use town center development plan that is within the Planned Commercial Development Zoning District.”
The ordinance is clear that residential development, including apartments, can still be built on C-1 parcels in the MUTC area.
The next question becomes, “What density is allowed?” Table 3-1 in the CLUP states that four -to-seven units per acre are allowed in a commercial area. However, it allows for eight-to-15 units per acre in the MUTC area. While high-density residential would require use of the PCD Zoning District, it is clear the ordinance still allows for it.
Do the CLUP statements stop additional apartments? This portion of the CLUP is not codified in the zoning ordinance. Thus, landowners of the current MUTC C-1 parcels have a property right to develop their property per the MUTC portion of the C-1 ordinance. Not allowing such a development would be an illegal taking. If asked for their interpretation, the Board of Zoning Appeals or a court of law would rely on the language in the ordinance over that of the CLUP. The CLUP is a guiding document, where the ordinance is the law.
Based on recent citizen feedback, the Town needs to halt the potential for any additional apartments in the MUTC area, regardless of their density.
There is an easy solution: remove the MUTC designation from all the current C-1 parcels in the MUTC area except the Biddle Farm development. This change would ensure any future development/redevelopment of these C-1 properties could not include apartments. The C-1 district outside of the MUTC does not allow for apartments.
Is it likely that we would see a request for additional apartments in the next few years? Probably not. But five or six years ago, residents would not have fathomed a 285-unit freestanding apartment complex in the middle of Town. I encourage all residents to contact your Alderman and Mayor (Ron) Williams and insist on this change.
Michael Wilson,
Farragut
