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

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