Williamson County, TN, Developer

The Tennessean included news about the "donkey farm property" in Brentwood, which failed to get support for a rezoning to permit a senior living facility.  The quoted commissioners expressed a devotion to "residential" zoning, which apparently includes only single-family residential.  The property has also been previously proposed for a child-care facility and a post office. 

I live in Brentwood, and understand the commitment to relatively large-lot single family zoning.  Sometimes, however, this dedication doesn't match the situation on the ground.  You have a situation now in which those who want a loaf of bread, package of diapers or jug of milk are required to go to either the northern or southern boundaries of the City for support, except for a couple of grandfathered shoppette stores.  Further, there are just some properties that don't lend themselves well to single family development, and it appears that this includes the "donkey farm property" that sits at the intersection of Concord Road and Wilson Pike. 

Just for reference, also on Concord Road is a City library, County recreation facility, large and active "Y", and a church.  Senior living facilities are not noted for their excessive generation of traffic, even though there is staff and visitor traffic.  One wonders whether this was a case of careful consideration, or just a knee jerk reaction in favor of the status quo of development.  City staff, including the City Manager, also expressed doubt as to whether this area was appropriate for residential uses.

A complete community should include residential living for all segments, including seniors.  Finding the right locations to accommodate these needs deserves good faith efforts by all parties.

tags: Brentwood Zoning Single Family

The Franklin Design Professionals Group had an interesting discussion today involving improvements to the zoning approval process.  Staff acknowledged that both the Plannign Commissoin and Board of Mayor and Aldermen (BOMA) have had reservations about approving projects using the current process.  The problem appears to be that the process uses a "bubble" concept plan that provides overall commercial intensity or residential density, and a general layout of the project, but doesn't show a detailed plan.  This is different from the former practice of using that zoning that incorporated a concept plan that was detailed down to the last parking space or lot orientation.

Under this process, decision-makers must approve broad concepts before the details are finally revealed.  This makes sense, as it is overly expensive for a developer to provide detailed plans until at least broad concepts are agreed upon.  Further, detailed plans submitted at the earliest conceptual stage of a project are almost certain to change, as construction and topographical issues, drainage, and market conditions will necessarily alter the final developed project.

Franklin staff has requested ways to provide more certainty for decision-makers, without tying the hands of developers or requiring expensive detailed plans. I applaud these efforts to make the process work better.

In my opinion, however, the current zoning ordinance approach strikes the right balance, proceeding from zoning to concept plan to regulating plan, with more detail at each stage.  This incremental approach avoids unnecessary expense, and ensures that when plans are presented, they are actually the plans that are intended to be implemented.  The safeguard for the uncertainty inherent in this approach is the process, and the development standards that are set forth in the 500 plus page zoning ordinance for Franklin. 

Each stage requires approval, and each stage is directed by Franklin's development standards, which are detailed and demanding.  Because of the economy, however, the BOMA has not seen a project go through this gradual, refining process.  As a result, there is no trust in the process.

Kudo's to staff, however, who see this problem and are trying to address it in helpful ways.

tags: Franklin Zoning Concept Plans

There is a short article in today's Tennessean describing a meeting between Spring Hill officials with developers and builders.  The developers were expressing the concern that hangs over each of them of financial distress and ruin.  This is of course a real concern, as many developers have either had their assets seized by banks or filed bankruptcy.  Williamson County is actually doing better than most in terms of continued growth and home sales, but development is not immune to the effects of the broader economy.

There is an assumption that developers were making easy money during the boom years, and it was certainly true that there were profits to be made.  Most people don't realize, however, that the bulk of development profit is made on the back end of a development.  Prior to that time, revenue is going to pay back acquisition and development expenses and loans and equity investments.  The developer bears the risk that the development will succeed all the way to the end.  For those who were caught midway through a development, they literally face the prospect of working for no foreseeable profit.

The communities were happy to hang additional fees and requirements on developments during the good times.  Adequate facility taxes, building permts and additional property taxes resulted in significant cash flows to governments.  Now that things have changed, the question is whether governments can adjust to the new realities.  So far, I have not seen governments reacting.  Costly and time-consuming approval processes and significant fees continue to face any prospective development.

It is no surprise that developers were reaching out to the Spring Hill officials, and credit is given to those officials for listening to the concerns of this important part of our economic community.

tags: Williamson County Spring Hill Development Problems

There is an interesting development in Franklin concerning a proposed school on Clovercroft Road in east Franklin.  The County has purchased the school property, apparently without any conditions, but there is opposition to the siting of the school from neighbors.  From all accounts, there are genuine concerns over roadways and utilities for the site, which is at the eastern edge of Franklin city limits.  Although sewer is available to the school, Wilson Pike, which is the main roadway in the vicinity, is famous for the "one-way" railroad underpass within a mile of Clovercroft Road.  Presumably, traffic from the south would come to the school through this roadway.

The interesting aspect is the extent to which the County, in making its school selection, is bound by the City of Franklin's zoning ordinance.  The County has to date pledged to go through that process, but it is not clear that the required rezoning, from Residential to Civic/Institutional, will be approved by the City's Board of Mayor and Aldermen. 

Tennessee law is pretty well-settled on this issue, although one could argue some unresolved matters.  The Supreme Court has previously held that the State was not subject to county zoning regulations despite the fact that the State had sought approval of county zoning authorities. The Court also held that a private act creating local zoning authority did not waive governmental immunity of the State or its instrumentalities unless the intention to do so was clearly expressed in the act.  The general principle of governmental exemption from ordinances, as expounded in other cases, applies not only to the State government, but all instrumentalities of the State, including counties and cities.  In other cases, a city was not entitled to impose taxation to a county property.

Of course, just as important to the County is the timing of the school's opening, which is desired for fall of 2011.  A lawsuit brought by the City that had the effect of delaying the school could be a powerful weapon simply because of the delay involved.

This is not the first time that the City of Franklin has suffered public outcry due to the location of a civic instituion, including churches.  The City and County are commendably cooperating on this issue, but if Franklin officials ultimately reject the siting of the school, you can expect some serious legal challenges to ensue.

tags: Williamson County Franklin Zoning Authority Schools

A recent Tennessean article highlighted a request to waive Franklin's residential design standards that restrict front-loaded garages.   The Zoning Ordinance actually does not prohibit street-facing garages, but restricts their placement, size and design, including a requirement that the garage will be 20 feet behind the front facade of the dwelling. 

Franklin's bias against street-facing garages stemmed from subdivisions that are dominated from a street view of garage doors. Where the garage door overwhelms the house, or where the street view is a series of garage doors, the result can be a shabby appearance (even without the hotrod).  From this point, however, Franklin went on a binge, even considering an absolute ban on street-facing garages. 

This kind of restriction goes farther than maintaining an overall quality of design, however, and is more suitable for restrictive covenants in a neighborhood.  It ignores the variety of design and price that needs to be present in a community.  it is similar to the recent consideration of banning all chain link fences in Franklin.  Thankfully, in both cases, the restrictive efforts did not gain final approval.

The current Zoning Ordinance restrictions appear to provide a good balance between the aesthetic goals and functionality, but even these restrictions don't always make sense.  The 20 foot setback is probably overly severe, particularly if the other design requirements are included that, among other things, prevent an oversize, unbroken door being the main visual element of the facade. 

The restriction also prohibits the courtyard entry design, which is a very efficient design for smaller lot homes, but which avoids the visual problems of a street-facing garage.  This is an example. 

As with any restriction, some flexibility can be useful to ensure that great ideas are not held back, and to meet unforeseen circumstances.  The City should strive for quality, but not force everything into a similar, high-priced, product line.

tags: Franklin Development Design Standards