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

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