Monday, December 24, 2012

Merry Christmas and Happy Holiday's from District 29! 2012 District 29 Holiday Event!


Held Friday December 1, 2012 at the YMCA Camp Widjiwagan Clark Baker Building. A special thank you to sponsors who helped to make this event possible - Homestyle Bakery's District 29 owner Mr. Mike Edwards & Family, Juvenile Court Clerk David Smith, Circuit Court Clerk Ricky Rooker, Property Assessor George Rooker, County Trustee Charlie Cardwell, State Representative Mike Stewart, Area Shell Gas Station Owners Duke & Misty,  Walmart, Bobby Joslin and Boswell's Golf Carts and Friends & Neighbors in District 29.  We also appreciate our District 29 DJ Jaye Roberts, District 29 Sarah Weiss Photography, Hermitage Police Precinct, and our Engine 33 Firefighters.  The door prizes from Zaxby's, Razz'z Restaurant, LaTerraza Mexican Restaurant, Loews Vanderbilt Hotel, The Hampton Inn Crossings, District 29's George Clarke with Roof Restore & Outdoor ProWash, Logan's, papa murphy's, subway, starbucks nashboro, china spring, Angelo's Pizza, Publix, Sam's Gyro, Sicily Pizza, Fish Wings & Thangs, added to our event being a huge success.  The committee included many volunteers of which some included Berni Cicirello, George Clarke, Cynthia Dirkson, Shirley Gilbert, Emily Hale, Lorinda Hale, Bonnie & Mike Hassell, Sue Luttrell, Sue Paugh, Alma Sanford, Phyllis & Leon Stinson, Jean Sussey, Karen VanCleave.  Thank you also to all the other district 29 residents who pitched in here and there to help the committee.













You can view more pictures from this year's 2012 District 29 Christmas Gathering by clicking on the below link.

Saturday, December 22, 2012

Tennessean and The City Paper Reports on Zoning Bill for Nashboro with Vastland


Tennessean 12192012

Once in forever'

In other business, the council:
 Rejected a zoning bill that would have rezoned land in Nashboro Village to “permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories" where a developer has been planning a four-story, multi-family residential building.
Councilwoman Karen Johnson, who represents Nashboro Village, said the proposal would allow the developer, Vastland Co., and neighboring homeowners to “coexist in harmony.”
Johnson said Vastland previously failed to develop land near the entrance to the area and allowed it to go into foreclosure, leaving behind “a blighted eyesore.”
“This is too great a price to pay,” she said.
Vastland executives have said Johnson’s bill would have stripped them of their rights to the 4.5-acre property, which they bought as part of a multi-phased “planned unit development” about 15 years ago.
Contact Michael Cass at 615-259-8838 ormcass@tennessean.com. Follow him on Twitter @tnmetro

THE CITY PAPER 12192012
In other council action:
• A zoning bill that would have allowed for the construction of a 4.5-story building in southeast Davidson County’s Nashboro Village. The bill’s sponsor, Councilwoman Karen Johnson, said the proposal was a fair compromise because “it does not make the community happy and it does not make the developer happy,” but it was defeated by a vote of 18 to 20.
Wednesday, December 19, 2012 at 12:29am

Friday, December 21, 2012

Results from Final Vote on Legislation for Nashboro against Apartments


THANK YOU DISTRICT 29!

I want to start out this newsletter update with a Thank you to the 452 people in our community who took the time to sign the petition, the neighbors who took the time to come to the metro council chambers, and neighbors who sent emails to the metro council supporting the legislation that would have prevented apartments from being built on the pond property. Secondly, I would like to thank the Nashboro Community leaders Nigel Hodge and Gregory Pratchatt for their outstanding leadership in getting out the flyers and for helping in the effort to communicate accurate information to everyone with regard to this very important bill and issue.
Unfortunately as a community we did not WIN at the Metro Council and below are the results of the vote. What was learned the night of the vote from several council members was that if we had a large audience....a room full of people at the meeting, that would have made the difference in our winning. We did not have the attendance and it was unfortunate that we had forces working against us in our own community that led to much of the apprehension in people getting truly involved with their presence.
I do want to share a couple of emails, one from Vastland's representative that was received after the vote and the other from the Head of Metro Nashville Government's Legal Department. What made this bill unique was that it was developed through an extensive process called the periodic review. Secondly, it was legal which was very important in our efforts to win with the council. It's one thing to fight for appearance sake, but it's another thing to fight knowing that the appropriate research and time is invested that truly would result in a legal option that would protect the community.
I thank you all for the many emails also that were received to the metro council. We will continue to work to advance our area as a desirable area to live in Davidson County. One thing I am most proud of from this 9 month process is that our approach was done with integrity and respect to everyone. Also I was given a challenge by some Metro Council members to produce a legal opinion stating that the bill that was being voted on was legal. It also was confirmed by legal that it did not set a precedent.
Happy Holidays to each of you and your families.

KAREN Y. JOHNSON
---------- Forwarded message ----------
From: Cooper, Jon (Council Office) <Jon.Cooper@nashville.gov>
Date: Fri, Dec 7, 2012 at 11:08 AM
Subject: townhomes in PUDs
To: "Karen Johnson (Council Member)" <johnsonkareny@gmail.com>


Council Member Johnson,

You requested my opinion regarding whether Ordinance No. BL2012-301 can restrict the multi-family portion of the development to townhomes. I am of the opinion that this limitation is legally enforceable. It is true that neither the Metro Zoning Code nor state law expressly provide that planned unit developments may specify townhomes. However, T.C.A. §13-4-310 recognizes the establishment of regulations under local zoning provisions pertaining to the “sustainable design and development of property.” Further, Tennessee courts have affirmed that zoning ordinances focus primarily upon the use of property and the “architectural and structural designs of the buildings.” Lafferty v. City of Winchester, 46 S.W.3d 752, 758 (Tenn. Ct. App. 2000). Townhomes are a type of design for multi-family developments. The Building Code defines “ townhouse” as “a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with open space on at least two sides.”

The Metro Council has on numerous occasions specified townhomes as part of individual PUDs.


Video from Metro Council Meeting where final vote took place 12182012
Click on the link below to view
The Nashboro Village vote begins at 34:21 and ends at 42:17



http://www.nashville.gov/mc/ordinances/term_2011_2015/bl2012_301.htm 

ORDINANCE NO. BL2012-301
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories, where 144 multifamily units in two six-story buildings was previously approved, all of which is described herein (Proposal No. 74-79P-010).
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:
By amending a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, Site 14, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily townhome residential uses, not to exceed 2 stories and consistent with the scale of development along the southeast side of Nashboro Boulevard, where 144 multifamily units in two six-story buildings was previously approved, being a portion of Property Parcel(s) No. 276 as designated on Map 135-00 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.
Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this Ordinance, to cause the change to be made on Map 135 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory Ordinance.
Section 3. Be it further enacted, that the following conditions shall be completed or satisfied, as specifically required:
1. Development shall be limited to assisted living, independent living, active adult (55+) living, or residential multifamily townhomes.
2. Development shall be in character with comparable development within Nashboro Village. Buildings shall be constructed of quality materials for reduced maintenance and shall be designed to be compatible with surrounding development. Exterior finishes shall be in character with existing Nashboro Village finishes.
3. Height shall be restricted to no more than two stories.
4. If possible, parking shall be behind or adjacent to structures. If this is not possible, ample landscaping, berms, or other buffers shall be provided to help screen parking from the street.
5. Public access to Lake Nashboro shall be provided.
Section 4. Be it further enacted, that this Ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Karen Johnson
LEGISLATIVE HISTORY
Introduced:November 13, 2012
Passed First Reading:November 13, 2012
Referred to:Planning Commission - Disapproved 7-0
(November 8, 2012)
Planning & Zoning Committee
Passed Second Reading:December 4, 2012
Failed:December 18, 2012 Roll Call Vote

Feedback from Legal and Vastland RE: Final Vote on Legislation for Nashboro against Apartments

EMAILS FROM METRO NASHVILLE GOVERNMENT LEGAL DEPT HEAD SAUL SOLOMON AND VASTLAND'S KEN RENNER.

http://www.nashville.gov/mayor/news/2012/0109.asp
http://nashvillecitypaper.com/content/city-news/dean-chooses-bridgestone-americas-president-be-next-metro-law-director
---------- Forwarded message ----------
From: Solomon, Saul (Legal) <Saul.Solomon@nashville.gov>
Date: Wed, Dec 19, 2012 at 11:03 AM
Subject: Legislation
To: "Johnson, Karen (Council Member)" <Karen.Johnson@nashville.gov>

You did a great job representing your people. As was clear from the vote, I guess no one could have succeeded. I just wanted to say that they are lucky to have you represent them.




=======================================================================

http://nashvillepost.com/news/2008/8/3/developer_vastland_adds_commercial_exec
--------- Forwarded message ----------
From: Ken Renner <KenR@vastland.com>
Date: Wed, Dec 19, 2012 at 2:37 PM
Subject: Nashboro
To: "Johnson, Karen (Council Member)" <Karen.Johnson@nashville.gov>

Karen:

I want you to know that we have no hard feelings or animosity toward you or any of the good folks at NashboroVillage as a result of our spirited debate over the undeveloped parcels over the past year. We understand you were doing what you felt was in the best interests of your constituents and we certainly cannot fault you for that. Hopefully you also understand we were only defending our company’s business interests. It is a shame we were not able to reach an agreement that would have benefitted both sides.

As a personal note, you made me work harder than I have on any zoning issue in nearly 20 years of doing this kind of work. 

I hope we will have the chance to work together on issues in the future. You are thorough and you do your homework and I appreciate those qualities very much.

Ken Renner
Vice President, Commercial Sales & Leasing
Vastland Realty Group
1720 West End Avenue, Suite 600
Nashville, TN 37203

If developer won't sell, buildings should abide by zone rules - Nigel Hodge, The Tennessean

Posting the article that was published by the Tennessean
Opinion written by Nashboro's Nigel Hodge
http://www.tennessean.com/article/20121219/OPINION03/312190102/If-developer-won-t-sell-buildings-should-abide-by-zone-rules

This piece is being written in response to a Nov. 30 Tennessean article entitled, “Developer says Metro Council bill would strip property rights.”
First, it is essential to illustrate some very pertinent facts as it relates to the Pond Property on the corner of Flintlock Court and Nashboro Boulevard. The planned-unit development (PUD) on this particular parcel goes back more than 30 years, and during that time this open green space has been used as a park. I can speak to this personally, as I grew up playing on this property with my brother as a child.
Unfortunately, only after purchasing my first home in Nashboro Village did I learn that this beautiful piece of land that the community had grown accustomed to using as a park was actually zoned for two six-story buildings. This was extremely shocking and difficult for the residents of this community to comprehend.
This year, Councilwoman Karen Johnson initiated a periodic review of this property, which is absolutely legal in Metro Davidson County. Furthermore, the purpose of Metro having a periodic review process in place is to take into account present-day conditions to make a fair judgment in terms of legislation that is equitable to all parties involved. This requires a significant time commitment on behalf of the councilmember and the community. Hence, the periodic review process is quite applicable to this particular parcel as the PUD goes back more than 30 years. Obviously, in such a tremendous amount of time, there is a lot that can change.
Another important factor to understand is that the developer does not have any vested rights to this property. As part of the periodic review process, the Metro Planning Department visited the property and found no evidence of any type of infrastructure — no water/sewer lines, no footings or foundation, nor was the developer able to provide any type of documentation of activity on the property. Subsequently, the Planning Department staff found the property to be inactive. This only further asserts that the proposed legislation is not about stopping development, but rather getting ahead of development in a balanced approach.
This fair and balanced approach has included several meetings with residents of the community and the developer to determine an optimal solution for all parties. Additionally, it should be noted that the developer has rejected a $600,000 offer from Metro Board of Parks and the Land Trust of Tennessee for the property to remain as green space. Although the community would overwhelmingly prefer for this property to remain as green space, the community is willing to compromise.
Therefore, BL2012-301, sponsored by Councilwoman Johnson, zoned for multifamily townhome residential uses not to exceed two stories, is fair and consistent with the current character of our community.
Again, it must be reiterated that this legislation does allow the developer to build. Undoubtedly, the heart of this bill is that it ensures that if and when something is to be built, that it will allow the community to be viable and will fit in with the current character of the community.
Nigel Hodge is president of the Woodridge at Nashboro Homeowners Association and a board member of the Nashboro Master HOA.
IN RESPONSE TO THE ARTICLE BELOW THAT WAS WRITTEN IN THE TENNESSEAN

Developer says Metro Council bill would strip property rights


A Nashville developer has asked Metro Council members to reject a zoning bill that it says would take away its rights to a 4.5-acre piece of property it owns by restricting what would be allowed there.
Vastland Co. says it bought the property as one part of a larger "planned unit development" in Nashboro Village about 15 years ago. The parcel in question has been declared inactive because Vastland hasn't developed it yet, though the Metro PlanningCommission recommended that Vastland be allowed to continue with its plans for a four-story, multi-family residential building.
Under the bill, proposed by Councilwoman Karen Johnson and scheduled for a public hearing Tuesday, the property would be zoned instead to "permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories."
In a letter to council members this week, Vastland Vice President Ken Renner said the proposal is "one of the most dangerous anti-business, anti-development ordinances in recent memory."
"We believe this ordinance is a threat to the system of orderly, planned development that has helped maintain the quality of the Nashville community," Renner added. "It is an obvious threat to the principle of private property rights. It is a threat to people in the business of providing quality growth in this city and to the investors and lenders who support that development. It is a threat not only to our company and the jobs we provide, but to every developer and every job that is created by the people who risk their capital to help this city grow and prosper."
The council, under state law, has the sole authority to decide how property is zoned, according to Jon Cooper, the council’s attorney, and property owners don't get a say until they've started "substantial construction activity."
"It's a policy decision about whether zoning should trump property rights," Cooper said. "It's a long-standing policy question that's been discussed and debated since I've been here."
If the bill passes, the council "would be stating that's what it believed was an appropriate development for that property," Cooper added.
The council voted in 2007 to create a process for periodically reviewing older planned unit developments to determine if they are still appropriate for their communities after years of inactivity. Renner said Vastland has been "very active" in developing the larger planned unit development at Nashboro Village in Antioch, where it has built some 750 townhome and apartment units since the mid-1990s.
"But we haven't been able to develop all the parcels simultaneously, and there hasn't been a market for that," he said. "What this does is single out the later phases and put them in jeopardy."
Vastland wanted to build a six-story residential building but compromised and agreed to four stories, Renner said, after resistance from Johnson and some community members, who wanted to limit the height to two stories.
The council considered legislation in 2007 that would have canceled a zoning law that Vastland had been relying on to build two six-story condominium buildings in Nashboro Village. That zoning was approved in the 1970s. Vastland made similar arguments in 2007 about losing its property rights, and the proposal was ultimately withdrawn.
Contact Michael Cass at 615-259-8838 ormcass@tennessean.com. Follow him on Twitter @tnmetro.

Tuesday, December 18, 2012

A Message from Nigel Hodge for the Final Reading Tonight on BL2012-301: Nashboro No More Apartments!

http://picosong.com/3md6/
Please listen to this very important message from Nashboro Community Leader President of Woodridge Nashboro HOA and Board member for the Nashboro Master Association. Thank you for your support!

TONIGHT IS THE FINAL VOTE
YOUR SUPPORT IS URGENTLY NEEDED
THIS IS OUR COMMUNITY'S FINAL CHANCE TO ENSURE OUR QUALITY OF LIFE IS MAINTAINED

PLEASE READ THE BELOW AND PLEASE HELP WITH THIS ISSUE BY ATTENDING TONIGHT'S METRO COUNCIL MEETING AND WEARING RED!
NO MORE APARTMENTS - As a community, we would prefer for this property to remain as open green space.
IF YOU DO NOT SUPPORT COUNCILWOMAN JOHNSON’S BL2012-301 WITH NO AMENDMENTS, VASTLAND WILL BUILD TWO SIX STORY BUILDINGS (144 MULTI-FAMILY UNITS)
Here are the facts regarding the Nashboro Village PUD (pond property) BL2012-301 with no amendments:
·         Currently, there is a PUD on the pond property, which goes back more than 30 years.  
·         PUD (Pond Property) is currently zoned for two six story multi-family buildings.
·         Councilwoman Johnson proposed for the Board of Parks to purchase this property.
·         Metro Board of Parks/Land Trust of TN then offered Vastland $600,000 to purchase the property as green space, which to this point Vastland has rejected. This item cannot be placed on the Metro Board of Parks and Recreation's agenda as an acquisition until the property owner agrees to sell to Metro.  The developer who owned the parcel on Smith Springs Road agreed to sell to Metro and subsequently the item was placed on the acquisition agenda.
This now leaves you, as a resident of this community, with a critical decision.
Option #1
Support Councilwoman Johnson’s legislation BL-2012-301 w/no amendments for multifamily townhome uses not to exceed 2 stories, which is more consistent with the character of our COMMUNITY.
OR
Option #2
SUPPORT the Current Zoning of two six story buildings (144 multi-family units)

NOW is the time for you to take ACTION:

Send the following sample email below to councilmembers@nashville.gov   
Subject line: Support BL2012-301 with no amendments
I am insert name, and I reside at insert address.  I want to thank you for your support of BL2012-301 with no amendments at the 2nd reading.  This is an issue that really does mean a lot to this community.  As this issue impacts our community’s quality of life for generations, I am respectfully asking for your vote again at the third reading.  Again, I greatly appreciate your support, and I appreciate the work you do for our city. 

AND
Continue to sign the petition
http://www.gopetition.com/petitions/nashboro-no-more-apartments-stand-up-to-make-your-v.html

AND
Attend the Metro Council Meeting on Tonight, Tuesday, December 18th.  Plan to arrive by 6:15p.m.  Meeting begins promptly at 6:30p.m.  Address - One Public Square (Metro Courthouse) Parking is available in the garage.
*Please wear red to show your support
We were victorious with the golf course, and with your presence at the Metro Council Meeting, we can be VICTORIOUS with the pond property.

Nigel Hodge
President, Woodridge at Nashboro HOA
Board Member, Nashboro Master HOA
email:  
woodridgenash@yahoo.com
Gregory Pratchatt
Fairway Pointe at Nashboro HOA
email:  
gpffnupe@yahoo.com
If you have any questions or if you need a ride to the courthouse tonight, please email us.  Thank you.

Monday, December 3, 2012

Public Hearing tomorrow Tuesday December 4 at 6pm for BL2012-301


Thank you for signing the petition.  Your support truly will make a difference. Please make plans to attend the public hearing scheduled tomorrow, Tuesday, December 4 at the Metro Council Chambers beginning at 6 pm.  The address is 204 Metro Courthousewhich is directly across from the Birch Building and the downtown Police Precinct off James Robertson Parkway.
We need to have a strong presence.

Please ask the metro council to please support BL2012-301.  You can view the legislation at the below link.  It has also been copied and pasted below.
ORDINANCE NO. BL2012-301
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories, where 144 multifamily units in two six-story buildings was previously approved, all of which is described herein (Proposal No. 74-79P-010).
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:
By amending a portion of the Nashboro Village Planned Unit Development Overlay District for a portion of property located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, Site 14, zoned R10 (4.48 acres), to permit an assisted/independent living facility and multifamily townhome residential uses, not to exceed 2 stories and consistent with the scale of development along the southeast side of Nashboro Boulevard, where 144 multifamily units in two six-story buildings was previously approved, being a portion of Property Parcel(s) No. 276 as designated on Map 135-00 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.
Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this Ordinance, to cause the change to be made on Map 135 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory Ordinance.
Section 3. Be it further enacted, that the following conditions shall be completed or satisfied, as specifically required:
1. Development shall be limited to assisted living, independent living, active adult (55+) living, or residential multifamily townhomes.
2. Development shall be in character with comparable development within Nashboro Village. Buildings shall be constructed of quality materials for reduced maintenance and shall be designed to be compatible with surrounding development. Exterior finishes shall be in character with existing Nashboro Village finishes.
3. Height shall be restricted to no more than two stories.
4. If possible, parking shall be behind or adjacent to structures. If this is not possible, ample landscaping, berms, or other buffers shall be provided to help screen parking from the street.
5. Public access to Lake Nashboro shall be provided.
Section 4. Be it further enacted, that this Ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Karen Johnson
LEGISLATIVE HISTORY
Introduced:November 13, 2012
Passed First Reading:November 13, 2012
Referred to:Planning Commission - Disapproved 7-0
(November 8, 2012)
Planning & Zoning Committee
Passed Second Reading:
Passed Third Reading:
Approved:
By:
Effective:
You can also continue to share the link to the petition with others.  Please encourage others you know in our community to please sign the petition.

Your participation is greatly appreciated. Please help with this effort for Nashboro.  Thank you. 

TENNESSEAN NEWS ARTICLE IN TODAY'S PAPER

Karen Y. Johnson
Councilwoman
District 29
Metropolitan Government of Nashville & Davidson County
www.Nashville.gov


Developer says Metro Council bill would strip property rights



A Nashville developer has asked Metro Council members to reject a zoning bill that it says would take away its rights to a 4.5-acre piece of property it owns by restricting what would be allowed there.
Vastland Co. says it bought the property as one part of a larger "planned unit development" in Nashboro Village about 15 years ago. The parcel in question has been declared inactive because Vastland hasn't developed it yet, though the Metro PlanningCommission recommended that Vastland be allowed to continue with its plans for a four-story, multi-family residential building.
Under the bill, proposed by Councilwoman Karen Johnson and scheduled for a public hearing Tuesday, the property would be zoned instead to "permit an assisted/independent living facility and multifamily residential townhome uses not to exceed two stories."
In a letter to council members this week, Vastland Vice President Ken Renner said the proposal is "one of the most dangerous anti-business, anti-development ordinances in recent memory."
"We believe this ordinance is a threat to the system of orderly, planned development that has helped maintain the quality of the Nashville community," Renner added. "It is an obvious threat to the principle of private property rights. It is a threat to people in the business of providing quality growth in this city and to the investors and lenders who support that development. It is a threat not only to our company and the jobs we provide, but to every developer and every job that is created by the people who risk their capital to help this city grow and prosper."
The council, under state law, has the sole authority to decide how property is zoned, according to Jon Cooper, the council’s attorney, and property owners don't get a say until they've started "substantial construction activity."
"It's a policy decision about whether zoning should trump property rights," Cooper said. "It's a long-standing policy question that's been discussed and debated since I've been here."
If the bill passes, the council "would be stating that's what it believed was an appropriate development for that property," Cooper added.
The council voted in 2007 to create a process for periodically reviewing older planned unit developments to determine if they are still appropriate for their communities after years of inactivity. Renner said Vastland has been "very active" in developing the larger planned unit development at Nashboro Village in Antioch, where it has built some 750 townhome and apartment units since the mid-1990s.
"But we haven't been able to develop all the parcels simultaneously, and there hasn't been a market for that," he said. "What this does is single out the later phases and put them in jeopardy."
Vastland wanted to build a six-story residential building but compromised and agreed to four stories, Renner said, after resistance from Johnson and some community members, who wanted to limit the height to two stories.
The council considered legislation in 2007 that would have canceled a zoning law that Vastland had been relying on to build two six-story condominium buildings in Nashboro Village. That zoning was approved in the 1970s. Vastland made similar arguments in 2007 about losing its property rights, and the proposal was ultimately withdrawn.
Contact Michael Cass at 615-259-8838 ormcass@tennessean.com. Follow him on Twitter @tnmetro.
Karen Y. Johnson
Councilwoman
District 29
Metropolitan Government of Nashville & Davidson County

Chamber Letter to Metro Council