By Bill Short
The Millington Board of Mayor and Aldermen has unanimously passed an ordinance on first reading that would authorize “Planned Unit” developments instead of “Mixed-Use” ones.
Board members took the action during their Aug. 9 regular monthly meeting on a motion offered by Alderman Don Lowry and seconded by Alderman Jon Crisp.
The proposed ordinance is scheduled for a public hearing and final reading at the board’s Sept. 13 meeting. It would repeal the existing Chapter 22 of the Municipal Zoning Ordinance and replace it with a new one.
The Millington Planning Commission reviewed the proposed Chapter 22 during a public hearing at its June 21 meeting. It voted at its July 19 meeting to recommend that the board repeal and replace the existing chapter.
Charles Goforth, planning consultant for the city, told the board that the Mixed-Use Planned Development Ordinance has been a “problem” for Millington, because it is an “overlay” zoning district. It only allows uses that are permitted in the underlying zoning.
He recalled that, many years ago, an MUPD was approved for approximately 75 acres on Raleigh-Millington Road, but it was never developed.
Goforth said the problem was that, to accomplish the uses that were requested there, the entire area was zoned R-4, High-Density Residential, for apartments.
And although the MUPD “went away,” the R-4 zoning could not be removed under the law at that time.
Goforth noted that, when the city approved its 20-Year Master Plan, it worked with the owners of the property, who were able to “substantially reduce” the R-4 zoning.
So, he and City Attorney Gerald Lawson have proposed that the MUPD ordinance be removed and replaced with a Planned Unit Development ordinance that would become “its own zoning district.”
Although the planning commission has recommended it, Goforth acknowledged that the board is the “ultimate authority” on exactly what is done.
He said the commission asked the planning staff to add “some maximum densities” in the ordinance. And it would be given an opportunity to review the amendments at its Aug. 16 meeting.
Goforth said the staff believes the proposed ordinance would be a significant improvement over what the city currently has. He explained how it has also been “tied to” the Tennessee Vested Property Rights Act of 2014.
“If somebody chooses to get something approved, and they don’t proceed with it,” he noted, “we actually have the authority to take it back.”
Under the VPRA, multi-phase projects have three years to meet the requirements and two years to begin construction.
But regardless of the number of phases, the total “vesting period” for a multi-phase project will not exceed 15 years, and the developer must maintain all required permits.
