Reminder Tonight Monday April 30 Meeting with Nashboro Village Townhomes Developer

URGENT - Proposed New Development Raises Concerns

Channel 5 News (Newschannel5.com)
Posted: Apr 28, 2012 9:47 PM CDT
Updated: Apr 28, 2012 10:05 PM CDT

NASHVILLE, Tenn.- More crime and lower property values are what a group of concerned homeowners believe will be the result is a housing development becomes a reality in their neighborhood.

It was six months ago when Linda Hill moved to Fairway Villa Town homes in Nashboro Village and just across from her home, an open field.

"The real estate agent also told me she didn't think anything would ever happen to that property, and that's all I knew," said Hill.

The new homeowner from Texas soon found out that land would become home to around 75 subsidized Town homes.

She says she found out the Tennessee Housing Authority would oversee the property once built by a private developer.

This now raised concerns of safety, traffic and decreased property value for Hill and her fellow neighbors.

"If you've got to subsidize, don't subsidize them all. If you subsidize part of them, then people who are not in the subsidize homes are going to help," said Hill.

District 29 Metro Nashville council member Karen Johnson said, "This should have never been approved. I'm just going to be honest. This road is just too narrow."

Johnson says potentially 150 cars from the new units, the current residents and the visitors to the recently reopened Nashboro Golf Club House, is too much.

She says right now there is little that can be done because residents didn't speak up during the approval vote of the project back in 2005 and 2008.

"That hurt us in terms of when we came before the (Metro) planning commission to say, 'We are concerned about the safety issue with this narrow road here," said Johnson.

Council member Johnson says now it's about standing as a community and addressing the developer, "To help them (developer) understand that this is an engaged community and we're not going to sit by and let this happen in this day and time in 2012."

Hill said, "I don't know the developer, and I want to believe he is a reasonable man, and he wants to think about how it will affect the community."

They will all get a chance to speak to the developer and see potential renderings of the project at a planned meeting next week and Johnson says it's imperative that everyone attend.

The meeting is scheduled for 6:30 p.m. on Monday at the Smith Springs Church of Christ located at: 2783 Smith Springs Road Nashville, TN 37217.

REMINDER TODAY 8:00 AM: Please HELP Lakeview and our community in the Keep America Beautiful Great American Cleanup Saturday April 28

Some Flowers to Brighten up "The Greens"

Reminder TONIGHT April 26: Stormwater Meeting at 6:30 pm and Input for New Southeast Nashville Library Tonight 6:00 pm

Reminder: Help Design our new Southeast Nashville Library. Wed April 25 at 1:00 pm or Thursday April 28 at 6:00 pm

Please HELP Lakeview and our community in the Keep America Beautiful Great American Cleanup Saturday April 28

Click Here For Information!

Home invader shot, killed in Antioch

Channnel 4 News
Posted: Apr 18, 2012 10:20 PM CDT
Updated: Apr 19, 2012 8:10 AM CDT

Reported by Julia Bruck - email

 

NASHVILLE, TN (WSMV) -

Metro police are investigating a fatal shooting at an Antioch apartment complex that occurred late Wednesday night.

The shooting occurred at about 10:45 p.m. at the Brentridge Apartments off Bell Road.

Investigators said a masked gunman forced his way into an apartment where a man and woman lived.

Police said a fight ensued and the man who lived there shot the intruder.

Officers arrived and found the shot intruder, who later died at Vanderbilt Medical Center.

Police are looking for a red pickup truck with chrome wheels and another person that could be connected to the case.

Second Shooting

About an hour before the incident in Antioch, Metro officers responded to shooting near the North police precinct.

Around 9:45 p.m., police found a man who had been shot three times.

He was rushed to the hospital in serious condition with life-threatening wounds.

Detectives said there aren't any witnesses, and they don't know if the man lived at the apartment complex where the shooting happened.

To see Video Click Here!

Check out this Video from our Sub Area Planning Meeting

Great Hearts Academies Comes to Southeast Nashville and Invites You tonight 6:30 pm

Deadly shooting overnight in Antioch

Tennesean
8:29 AM, Apr. 19, 2012 
Written by Andy Humbles

A man was shot and killed late Wednesday on Brentridge Circle off Bell Road in the Antioch area, according to Metro’s dispatch department.

The call came in as a home invasion and shooting just before 11 p.m.

The Tennessean will provide additional details as information becomes available.

Summitt Steps Aside, Warlick Named New Tennessee Coach

News Channel 5
Posted: Apr 18, 2012 12:49 PM CDT
Updated: Apr 18, 2012 1:37 PM CDT

KNOXVILLE, Tenn. – Pat Summitt is stepping aside as Tennessee's women's basketball coach and taking the title of "head coach emeritus" with long-time assistant Holly Warlick being promoted to replace the sport's winningest coach.

Tennessee released a statement Wednesday announcing the move.

Summitt will report to the athletic director and help the women's program she guided to eight national titles. The 59-year-old Summitt said in a statement she loved being head coach but recognizes the time has come to step into a new role. She said she supports Warlick as her replacement and wants to ensure the stability of the program.

"If anyone asks, you can find me observing practice or in my office," Summitt said in a release from the university. "Coaching is the great passion of my life, and the job to me has always been an opportunity to work with our student-athletes and help them discover what they want. I will continue to make them my passion. I love our players and my fellow coaches, and that's not going to change."

The move comes less than a year after her diagnosis with early onset dementia-Alzheimer's type.

Warlick has been Summitt's assistant for 27 seasons and was a three-time All-American with the Lady Vols.

Summitt coached the program for 38 seasons and amassed 1,098 victories.

During Summit's tenure, the Lady Vols won the SEC Championship and SEC Tournament title 16 times each, and Summitt was named SEC Coach of the Year eight times and NCAA Coach of the Year in seven seasons.

Summitt's 18 trips to the Final Four is the most all-time among coaches, and her eight national titles trails only the 10 won by former UCLA coach John Wooden in Division I college basketball.

A press conference to discuss the changes with Summitt, Warlick, and other UT officials will be held Thursday at 12:30 p.m. at "The Summitt" at Thompson-Boling Arena.

(The Associated Press Contributed To This Report.)

Tax break for water-snow park clears final Metro Council vote

TheCityPaper
Tuesday, April 17, 2012 at 11:32pm
ByJoey Garrison

 

Metro government has done its part toward accommodating a first-ever water and snow park to locate in Nashville, with a key financial incentive clearing a final Metro Council vote Tuesday night. The council voted 31-2 Tuesday to approve on the final of three votes a bill that delivers a 60 percent property tax abatement over 12 years to Gaylord Entertainment Inc. and Dollywood Co., which through a group called Park Holdings plan to build the new $50 million water and snow park near the former Opryland grounds. The tax break is valued at $5.8 million, but council members said the benefits far outweigh any downside.

“This will be a tremendous economic boon for the area,” said Councilman Phil Claiborne, who represents the nearby Music Valley business district, still rebuilding following the city’s devastating flood two years ago. “It’s a win-win for the city and everybody involved.”

The tax break, which originated from Mayor Karl Dean’s administration, cleared after no deliberation, with council members Duane Dominy and Josh Stites the lone no-votes.

Councilman Robert Duvall, who has expressed opposition against the plan, was absent for the vote. The council approved the proposal by a similar margin on second reading two weeks ago.
Construction on the new water and snow park –– situated on 114-acres of Gaylord-owned property –– is slated to begin in 2013. Dollywood officials expect the park to open in 2015.

Supporters of the plan have cited a report from the University of Tennessee Center for Business and Economic Research, which claims the new water and snow park will generate 1,900-plus construction jobs and 762 jobs from the park’s onsite activities.

Claiborne, referencing the same report, pointed out the park is projected to have an overall economic impact of $106 million during the construction phase and $66.9 million annually after it opens. During deliberation two weeks ago, multiple council members spoke of the need to fill the vacuum created following the departure of Opryland in 2007.

“There are a ton of people in this city that think that we ought to have something like Opryland, and wished that it was back, and will be glad to see something like this for families –– regardless of how we get it,” At-large Councilman Tim Garrett said.

The council’s approval of the Gaylord/Dollywood deal is the latest in a series of property tax abatements Metro has awarded to companies in recent months. Others were delivered to Nashville-based Hospital Corporation of America and LifePoint Inc., a hospital chain, in exchange for future investments.

Sexual trafficking trial continues in Nashville

Channel 5 News
Posted: Apr 17, 2012 6:34 PM CDT
Updated: Apr 17, 2012 6:34 PM CDT

 

By KRISTIN M. HALL
Associated Press

NASHVILLE, Tenn. (AP) - Forensic experts testified about DNA evidence during the second week of a federal trial involving several defendants accused of using a young Somali female for forced prostitution.

The trial being held in Nashville includes nine out of a total of 30 people who have been accused in an indictment of involvement in a child sexual trafficking ring that prosecutors say was run by Somali gangs and that included sexual acts in Minnesota, Ohio and Tennessee.

On Tuesday, a forensic scientist testified that semen found on the unidentified female witness was linked to one defendant listed in the indictment, and Nashville police officers described detaining several of the defendants and the witness after they traveled from Minneapolis to Nashville.

Reminder 6 PM at Lakeshore Church Sub Area 13 Plan Meeting for Antioch retail centers and economic development - topic of tonight's Planning Dept

Don't Forget tonight to come to Lakeshore Christian Church, 5434 Bell Forge Lane East at 6 pm. for the Economic Development corridors topic for feedback. This includes the retail centers, commercial properties along Murfreesboro Road. Make sure your voice is counted and heard on what you want to see in the commercial properties along Murfreesboro Road and in Hickory Hollow.
http://www.nashville.gov/mpc/communityplans/subarea/subarea13_update.asp

Robbery Victim Recalls Ordeal

New Channnel 5
Posted: Apr 15, 2012 8:58 PM CDT
Updated: Apr 15, 2012 9:24 PM CDT

NASHVILLE, Tenn. -- Metro Police are looking for three armed men who, according to witness and victim accounts, went on a trio of robberies late Saturday night in the Antioch/Nashboro Village area.

One of the victims was Erik Villegas, 24, who was simply sitting in his car in his parents' driveway when three men in a vehicle pulled in behind him shortly after 11:00 p.m.

"Then I saw the gun pointed right in my face," Villegas recalled. "It took me a few seconds to realize what was going on. (I thought to myself) 'OK, this is actually a real robbery!'"

Villegas told NewsChannel 5 one of the three men rummaged through his pockets, while another threatened to shoot and kill him.

Villegas said he was sucker punched by one of the suspects before they vanished with merely his wallet that was devoid of cash.

Before that, another incident happened on Nashboro Boulevard, near the golf course, police reported. The suspects took off with two cell phones, an i-Pod and one wallet.

The final victim says he was walking to the gas station on Bell Road and Mossdale Drive when the suspects pulled up to him asking for directions. When the victim got close to the car the driver told him to empty his pockets. They stole his cell phone, wallet and some cash.

Council woman Karen Johnson, who oversees District 29, was outraged by the sudden rash of crime; she scrambled for information to quickly disperse to her constituents.

"(Police) feel like this is an isolated occurrence with these three incidents," Johnson said. "And so, we're confident that our police department will do their job and will apprehend the suspects."

The victims in all three incidents say the suspects were driving a white Chevrolet Impala.

Anyone with information is asked to call Metro Police or Crime Stoppers at 74-CRIME.

 

To watch Video, CLICK HERE!

Police Search For Suspects In Three Antioch Robberies

News Channel 5
Posted: Apr 15, 2012 9:05 AM CDT
Updated: Apr 15, 2012 9:19 AM CDT

To Watch Video Click Here!

By Jennifer Reyes

NASHVILLE, Tenn. - Metro Police are looking for three men who they say went on a robbing spree injuring one person.

The suspects robbed at least five people in the Antioch-Hermitage area Saturday night around 11 p.m.

The first incident happened on Nashboro Boulevard, near the golf course.

Police said the three victims in this incident were walking back from the store when the suspects pulled up to them in a car and held them at gun-point. They demanded all their belongings and physically searched the victims. The suspects took off with two cell phones, an iPod and one wallet.

The second robbery happened on Moss Spring Drive. The victim told police he had just pulled into his driveway and got out of his car when the suspects approached him. They demanded his belongings and punched him in the face before taking off with his wallet.

The last victim says he was walking to the gas station on Bell Road and Mossdale Drive when the suspects pulled up to him asking for directions. When the victim got close to the car the driver told him to empty his pockets. They stole his cell phone, wallet and some cash.

In all of these instances the victims say the suspects were driving a white Chevrolet Impala.

Police are looking for three black males in their late teens to early twenties, average build, 5'8'' to 6' tall. One was wearing a purple shirt, another a black shirt, and the last suspect was wearing a white tank top.

Anyone with information is asked to call Metro Police or Crime Stoppers at 74-CRIME.

Email: jreyes@newschannel5.com

Facebook: Facebook.com/NC5JenniferReyes

Twitter: Twitter.com/NC5_JReyes

Antioch Best Buy one of 50 stores closing nationwide

WKRN Channel 2
Posted: Apr 14, 2012 10:11 AM CDT

ANTIOCH, Tenn. -

The Best Buy store in Antioch is one of 50 stores slated to close nationwide, the company announced Saturday.

Best Buy, based in Richfield, Minn., announced the store on Hickory Hollow Parkway would close permanently on May 12.

The Antioch store was closed Saturday and will reopen Sunday for final sales according to a press release.

According to ABC News, the retailer reported a $1.7 billion loss for its fourth quarter ended March 3.

Tenn. House passes tax cuts on groceries, estates

WKRN NEWS Channel 2
Posted: Apr 12, 2012 1:22 PM CDT

By ERIK SCHELZIG
Associated Press

NASHVILLE, Tenn. (AP) - The House has voted to begin phasing out Tennessee's inheritance tax and to lower the state's sales tax on groceries.

The chamber voted 88-8 on the estate tax measure Thursday, and 96-0 to cut the food tax from 5.5% to 5.25%.

Republicans hailed the estate tax cut as a way to keep retirees from moving out of state, while Democrats argued that the tax cut on groceries affects a far larger number of people.

Both measures were part of Republican Gov. Bill Haslam's legislative agenda this year.

The inheritance tax currently applies to estates worth more than $1 million, and was paid in 845 instances in the last budget year.

The bill would bump that exemption up to $1.25 million next year and to $5 million by 2016.

Reminder Public Hearing Today at 4:00 at Planning Commission regarding Nashboro Village Parcels

Correction below on timeframe for decisions on the periodic review:

Reminder today at 4:00 pm the Public Hearing for the Nashboro Village Parcels will take place. I will be in attendance and look forward to many of you joining me. I have requested deferrals to allow for community meetings since the report was emailed to me on Friday afternoon by email and received by mail the same day. I read this report in its entirety on Friday. I emailed this information to the community with my comments on Saturday morning. This gave approximately 4 days for the community to review and for me to respond to questions the community had prior to the planning commission meeting scheduled for today. The deferral has been requested for two meetings so that this item can be heard at the May 10, 2012 Planning Commission meeting which is well within the timeframe of the periodic review process which gives until May 30, 2012 for Sites 3, 14, 15 and June 10, 2012 for Sites 25 and 27 for the commission to take action on the reviews.  

---------- Forwarded message ----------
From: Bernhardt, Richard (Planning) <Richard.Bernhardt@nashville.gov>
Date: Thu, Apr 12, 2012 at 8:48 AM
Subject: Request for Deferral of PUD Review at Nashboro Village

Commissioners:

This afternoon, you received a request from Councilmember Johnson that the Planning Commission defer its consideration of the Periodic Review of the five portions of the Nashboro Village to the May 10, 2012 Planning Commission meeting. Under the Metro Council ordinance, the Planning Commission needs to act within 90 days of the initiation of the request. Section 17.40.120 H states “Failure of the planning commission to act within 90 days from the initiation of a review shall be considered a recommendation to re-approve by ordinance the existing PUD overlay district without alteration.”

For Sites 3, 14 and 15 the required date for action is May 30, 2012 and for Sites 25 and 27 the date is June 10, 2012. While we can support a deferral of the review of Sites 14, 15, 25, and 27, we cannot support a deferral of the consideration of Site 3.

The purpose of the Periodic Review is to determine if a PUD or portion of a PUD is active or inactive. If the PUD is found to be active, then no further action is required. If the PUD is inactive, then the Planning Commission is to make a recommendation to the Council on whether the PUD should be maintained as approved, amended, or cancelled and the property rezoned if necessary.

Once a request for review has been made, all building permits are put on hold until the Planning Commission or Metro Council has acted. In December 2011, the property owner for Site 3 made an application with the Codes Department for building permits to initiate construction of the units as permitted by the PUD and the approved Final Site Plan. Plans for the building permits were submitted for review and the review was started. A number of agencies have given their approval to this development. With the initiation of the Periodic Review, the permit process was put on hold.

The Councilmember has indicated that the purpose of the deferral request is to allow for a community meeting. In reviewing the documentation provided by the property owner and the evidence of activity on site, staff is recommending that Site 3 be found to be active. It is our belief that the evidence presented is very strong and a finding of inactivity is extremely unlikely. The recommendation of activity will not be altered with a community meeting and a deferral would only serve to further delay this project.

For the four other sites under review, staff is recommending that these sites be found inactive as outlined in the staff reports already provided. No documentation has been provided to show activity and no evidence of activity is apparent on these sites. The Planning Commission will need to make a recommendation. A community meeting could provide an opportunity obtain input on what recommendation the Planning Commission should make to the Council on the continuation of these portions.

If the Periodic Review of these four portions of the PUD are to be deferred, I would recommend that they be deferred to the May 24, 2012, agenda as the Planner leading the review will not be available for the May 10, 2012, Planning Commission meeting.

Due to the request being received this afternoon, I provide this information to give the Commission the time to consider our response to the Councilmember’s request before acting on the request at tomorrow’s meeting

Rick Bernhardt, FAICP, CNU-A
Executive Director
Metropolitan Nashville-Davidson County Planning Department
(o) 615-862-7173
(f) 615-880-2450 rick.bernhardt@nashville.gov
for USPS service use: Metro Office Building , 800 2nd Avenue S., P.O.Box 196300, Nashville, TN 37219-6300
for FedEx, UPS or other direct delivery service use: Metro Office Building , 800 2nd Avenue S., Nashville, TN 37210

"Every increment of construction should be done in such a way as to heal the city." Christopher Alexander

From: Hayes, Roseanne (Council Office)
Sent: Wednesday, April 11, 2012 3:42 PM
To: Planning Commissioners
Subject: Corrected Copy

This communication is being sent at the request of Councilwoman Karen Y. Johnson.


Roseanne Hayes
Vice Mayor/Metro Council Office
One Public Square, Suite 204
Nashville, TN 37219

Community Meetings with Stormwater, Nashboro Village Townhomes Developer, and Great American Cleanup Information

DISTRICT 29'S KEEP AMERICA BEAUTIFUL/GREAT AMERICAN CLEANUP PROJECT IS LAKEVIEW ELEMENTARY SCHOOL. MEET AT HICKORY HOLLOW MALL PARKING LOT FOR THE KICKOFF WITH MAYOR DEAN AND CITY OFFICIALS. ALL SUPPLIES ARE TO BE PICKED UP AT HICKORY HOLLOW MALL PARKING LOT. FOOD WILL BE AT THE KICKOFF SITE.

You can also read all the above at this link http://us2.campaign-archive2.com/?u=1b732a1a622d8744a0dfff659&id=05dbaf6622&e=614c2b4f65

Construction will close I-24 bridges in Nashville

Letter from Metro Legal Regarding Site 3

On February 29, 2012 I sent an email to the community with the following options.

1.) Submit an application to change the policy from Medium Residential to Residential Low Medium.
Update 4/7/12 - Planning has advised that policy cannot be changed on a property where significant construction has occurred. Policy can be reviewed for changes on all undeveloped parcels.
Changes to reduce the number of units for this property could have been made from the original PUD approval date in 1979 until 2005 before any dirt was pushed on this property. To change the policy to Residential Low Medium during this period could have reduced the number of units for this property from 73 to 46.

2.) Make application to planning to downzone the property by amending the PUD to specify building materials and to reduce the number of units.
Update 4/7/12 – Information has been received that the community was ok with 73 units on this small parcel of property since they were to be homeownership. As a result of the community’s approval in 2005 and all activities from 2005, 2008 until present, vesting rights are now attached to the property. Legal has advised that rights become vested when "substantial construction or substantial liabilities" have been incurred. Infrastructure is there today that was not there in 2005.
*Note - To clear up misinformation distributed by others about this approval in 2005, I was not the school board member at the time this project was approved in 2005 and I am not listed on the paperwork. http://www.nashville.gov/mpc/docs/meetings/2005/120805m.pdf - Minutes Scroll down to Page 70-74 - Meeting Minutes and Staff Reports of the Planning Commission December 2005 - no one showed up from District 29
As stated in the first option, changes to reduce the number of units for this property could have been made from the original PUD approval date in 1979 until 2005 before any dirt was pushed on this property.
I initiated a traffic study as requested to provide current information for 2012. Comparisons can be made to the approvals from 2005 and 2008 where the community expressed they were ok with 73 units on this small parcel since they were homeownership. Metro Planning will provide a report on the traffic study at the meeting scheduled for Thursday, April 12, 2012. *Note - Metro Legal has shared that Metro Government has no power to regulate whether a townhome, single family home, duplex or any approved structure is homeownership or rental. 


3.) Work with the developer to try to increase the quality of the development building materials, issues around driveway access and construction with a community meeting.


Concluding Comments:

Thank you to everyone who has invited me to come and speak with them personally as well as those who have responded to my emails, made phone calls and attended office hours for District 29 on these parcels.

I will speak at the Planning Commission's meeting on Thursday, April 12, 2012 to the concerns expressed to me which are to continue to push for a reduction in the number of units and traffic concerns present as of 2012. I will also continue to express that the community does not want this development/project to proceed due to the units not being homeownership.

I attended the THDA board meeting that was held on Tuesday, March 27, 2012 to express the concerns around the approval for this project, the market analysis that led to their approval and Rental versus Homeownership and that our community is already oversaturated. I will also continue to speak to the concerns expressed around homeownership versus rental at the Planning Commission Meeting scheduled for Thursday, April 12, 2012 understanding that Metro Government has no power to regulate homeownership versus rental.

Community Meetings will be scheduled now that the periodic review has unveiled all information relative to these parcels. 

Staff Report for April 12 Planning Commission Meeting for Nashboro Village Parcels

Project Nos. Planned Unit Development 74-79P-003 to 74-79P-007

Project Name Nashboro Village PUD Review

APPLICANT REQUEST

Periodic Review of Sites 3, 14, 15, 25 and 27 within the Nashboro Village PUD

This staff report is organized to give a brief description of the overall PUD and a description of the PUD Periodic Review process. The staff analysis of each individual portion will follow. Staff is recommending that Sites 14, 15 and 27 be found inactive but retain as approved. These will be discussed first. Staff is recommending that Site 25 be found inactive and that it be amended. This will be discussed next. Staff is recommending that Site 3 be found  active. This will be the concluding discussion.

PLAN DETAILS

The Nashboro Village PUD is located between Murfreesboro Pike and Bell Road south of Smith Springs Road in the Antioch area of Davidson County. The PUD was originally approved by the Metro Council in 1979 for a range of housing types, commercial uses, recreational facilities and a day care center. The PUD was divided into 28 development sites and these have been developed in phases over time. Portions of the PUD have been revised and the master plan updated a number of times. The main recreational facilities include a golf course, which is the central feature of the PUD, and a tennis facility.

This PUD is within the Antioch/ Priest Lake Community Plan. The Land Use policy is Residential Medium (RM). This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre.

INITIATION OF THE PUD REVIEW

Councilmember Johnson sent letters to the Planning Department on February 22, 2012, and March 12, 2012, requesting that five portions of the Nashboro Village PUD be reviewed to determine whether or not they are active. The review was initiated on March 1, 2012 for Sites 3, 14 and 15, the next scheduled filing deadline for a Planning Commission meeting. The review was initiated on March 12. 2012, for Sites 25 and 27 to track with the other requests for a periodic review of portions of this PUD. Certified letters were sent to the property owners informing them of the initiation of the review and requesting documentation of activity.

 A site visit was made in March 2012 to these five portions of the PUD

PERIODIC PUD REVIEW

Section 17.40.120.H of the Metro Zoning Ordinance authorizes a councilmember to request, and the Metropolitan Planning Commission to review, any Planned Unit Development (PUD) overlay

district, or portion thereof, to determine whether the PUD is “inactive,” and if so, to recommend to the Council what action should be taken with respect to the PUD. The Commission determines whether the PUD is “inactive” by examining whether development activity has occurred within six years from the date of the initial enactment, subsequent amendment, or re-approval by the Metro Council. If the Planning Commission determines the PUD to be inactive, the Commission is required to recommend legislation to the Council to re-approve, amend, or cancel the PUD.

ANALYSIS

Classification of the PUD

Under 17.40.120 H., the Commission is first required to determine whether the portion of the Nashboro Village PUD is active or inactive by examining whether development activity has occurred within six years from the date of the initial enactment, subsequent amendment, or re-approval by the Metro Council.

Section 17.40.120 H.3.a. of the Metro Code requires the Planning Commission to make three findings in order to determine whether a PUD has been active or inactive:

i. Six or more years have elapsed since the latter of

(1) The effective date of the initial enacting ordinance of the PUD,

(2) The effective date of any ordinance approving an amendment to the PUD,

(3) The effective date of any ordinance re-approving or amending a PUD after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or

(4) The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and

The initial enacting ordinance for the Nashboro Village PUD became effective January 1979. There have been no amendments to these portions of the PUD that required Metro Council approval since the initial enactment date.

 ii. Construction has not begun on the portion of the PUD under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the PUD under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and

iii. Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the PUD approval.

Property owners were requested to provide documentation of any activity for the above measures

Section 17.40.120 H.3.a. states that the Commission “may also take into consideration the aggregate of actions, if any, taken by the owner of the PUD within the prior 12 months to develop the portion of the PUD under review.” The letters sent via certified mail also requested details of any development activity on the property over the past 12 months.

PLANNING COMMISSION RECOMMENDATION TO METRO COUNCIL

If the Planning Commission determines that any of the five portions of the PUD under review are active, then no further action is required for that portion of the PUD.

If the Commission determines that any of the portions of the PUD are inactive, then the Commission is required to recommend legislation to the Council to re-approve, amend, or cancel the PUD.

With respect to the legislation to be recommended to the Metro Council, the Planning Commission is directed by the Code to take two distinct steps.

 First, the Commission is to determine whether the “existing PUD is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans.”

 Second, the Commission is to recommend the legislation, and include, as needed:

(a) The appropriate base zoning district(s), if different from current base zoning, to retain and implement the PUD overlay district as it exists.

(b) Any amendment(s) to the inactive PUD's master development plan and base zoning district(s) to reflect existing conditions and circumstances, including the land use policies of the general plan and the zoning of properties in the area.

Metro Zoning Code

Section 17.40.120 H: Periodic Review of Planned Unit Developments

H. Periodic Review of Planned Unit Developments.

1. Authorization to Review. The metropolitan planning commission is authorized to review any planned unit development overlay district (PUD), or portion thereof, to determine whether development activity has occurred within six years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with subsection 4.a. of this section, to recommend legislation to the council to re-approve, amend or cancel the PUD and make conforming changes to the base zoning if necessary.

(c) Base zoning district(s) consistent with the adopted general plan, should the PUD overlay district be recommended for cancellation.

2. Initiation. Review of a PUD or portion thereof to determine inactivity may be initiated by the metropolitan planning commission

a. On its own initiative,

b. By written request of a member of the metropolitan council, or

c. By written request of a property owner within the area of the PUD overlay requested for review.

d. Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the PUD is located, to the zoning administrator, and to the owner(s) of property in the portion of the PUD overlay district to be reviewed.

3. Metropolitan Planning Commission Procedure. Within 90 days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the PUD or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve, amend or cancel the PUD and make conforming changes to the base zoning district if necessary.

a. Determination of Inactivity. To determine that a PUD or portion thereof is inactive, the planning commission shall establish each of the findings i. through iii. below. The planning commission may also take into consideration the aggregate of actions, if any, taken by the owner of the PUD within the prior 12 months to develop the portion of the PUD under review.

i. Six or more years have elapsed since the latter of

(1) The effective date of the initial enacting ordinance of the PUD,

(2) The effective date of any ordinance approving an amendment to the PUD,

(3) The effective date of any ordinance re-approving or amending a PUD after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or

(4) The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and

ii. Construction has not begun on the portion of the PUD under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the PUD under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and

iii. Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the PUD approval.

b. Recommendation to Metropolitan Council. If the planning commission determines that the PUD or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve, amend, or cancel the PUD, or portion thereof that is determined to be inactive, including conforming changes to the base zoning district if necessary. In recommending legislation, the planning commission shall:

i. Determine whether the existing PUD is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the metropolitan government.

ii. Recommend legislation to re-approve, amend, or cancel the existing overlay district, including as required:

(a) The appropriate base zoning district(s), if different from current base zoning, to retain and implement the PUD overlay district as it exists.

(b) Any amendment(s) to the inactive PUD's master development plan and base zoning district(s) to reflect existing conditions and circumstances, including the land use policies of the general plan and the zoning of properties in the area.

(c) Base zoning district(s) consistent with the adopted general plan, should the PUD overlay district be recommended for cancellation.

 

Failure of the planning commission to act within 90 days from the initiation of a review shall be considered a recommendation to re-approve by ordinance the existing PUD overlay district without alteration.

c. When Inactivity Not Established. If the planning commission determines that the PUD or portion thereof under review does not meet the criteria of Section 17.40.120.H.4.a for inactivity, the PUD review is concluded, the limitations of subsection 5 are terminated, and a re-review of the PUD shall not be initiated in the manner of subsection 2 of this section for 12 months following the commission's determination.

4. Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:

a. Re-approve the existing PUD master plan and apply the appropriate base zoning district(s), if different from current base zoning,

b. Amend the PUD master plan, or

c. Cancel the PUD overlay district, including any change(s) to the underlying base zoning district.

d. Decline to take action by ordinance. If the metropolitan council does not act to re-approve, amend, or cancel the PUD within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the master development plan last approved by the metropolitan council, or subsequently revised by the planning commission.

5. No grading permit nor any building permit for new building construction shall be issued within the PUD overlay district or portion thereof for which a review has been initiated until the earlier of:

a. The metropolitan council's final action to re-approve, amend or cancel the PUD overlay district, or

b. Six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.

Project No. Planned Unit Development 74-79P-003

Project Name Nashboro Village PUD Review Site 14

Staff Reviewer Bernards

Staff Recommendation Find the PUD to be inactive, recommend to the Metro Council that PUD continue to be implemented as adopted.

APPLICANT REQUEST

Periodic Review of Site 14 of the Nashboro Village PUD

PUD Review

A request to the Metro Planning Department for a periodic review of a portion of the Nashboro Village Planned Unit Development Overlay District located at Nashboro Boulevard (unnumbered), at the southeast corner of Nashboro Boulevard and Flintlock Court, Site 14, zoned One and Two Family Residential (R10) (4.48 acres), approved for 144 multi-family units in two six-story buildings.

Timeline for Planning Commission Action

The Zoning Code requires that within 90 days from the initiation of its review, the Planning Commission must hold a public hearing to make a determination of activity, and if necessary, make a recommendation to the Council. This request was initiated on March 1, 2012 and the 90 day period extends to May 30, 2012. A If the Planning Commission does not make a determination within 90 days from the initiation of a review it will be considered that a recommendation was made to re-approve by ordinance the existing PUD overlay district without alteration.

Existing Zoning

Site 14 is zoned R10 with a PUD overlay District. This portion of the PUD overlay allows 144 multi-family units in two, six-story buildings.

ANALYSIS

As noted above, staff made a site visit in March 2012. There was no evidence of development activity on this portion of the PUD. The property owner’s representative did respond to the letter requesting documentation of activity. The documentation provided consisted of a series of emails between the owner and an engineering firm discussing potential layouts of an assisted living facility on this site as well as a marketing analysis for a potential assisted living facility. There was no documentation of infrastructure installation or right-of-way installation or acquisition. The documentation provided was not sufficient to determine activity. Repeated calls and emails to the representative for additional information were not answered.

Staff recommends that Site 14 of the Nashboro Village PUD be found to be inactive. If the Planning Commission concurs with staff, then the Commission must first determine whether Site 14 is consistent with the Community Plan and whether it should be retained as approved, amended or rezoned.

Consistency with Policy

As noted above, the land use policy on this property and all properties within the PUD is Residential Medium (RM). This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. A variety of housing types are appropriate, including an assisted living facility. The most common types include compact, single-family detached units, town-homes, and walk-up apartments. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre. This density fits within the RM policy.

In 2007, the district Councilmember at-that-time requested that this portion of the PUD be canceled. The Planning Commission recommended disapproval of that request. The recommendation was based on the finding that the request to cancel the PUD overlay on one property within the Nashboro Village PUD negates the intent of the Planned Unit Development. As a portion of the overall PUD, Site 14 is consistent with the land use policy for the area.

Recommended Legislation

If the PUD is found to be inactive, staff recommends that the PUD be maintained as approved as it “is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans.”

STAFF RECOMMENDATION

In accordance with the requirements of 17.40.120 H, staff recommends that the Planning Commission find this portion of the Nashboro Village PUD to be inactive.

If the Planning Commission finds the PUD to be inactive, staff recommends that the PUD be maintained as approved.

 Project No. Planned Unit Development 74-79P-004

Project Name Nashboro Village PUD Review Site 15

Staff Reviewer Bernards

Staff Recommendation Find the PUD to be inactive, recommend to the Metro Council that the PUD continue to be implemented as adopted.

APPLICANT REQUEST

Periodic Review of Site 15 of the Nashboro Village PUD

PUD Review

 

A request to the Metro Planning Department for a periodic review of a portion of the Nashboro Village Planned Unit Development Overlay District located at Nashboro Boulevard (unnumbered), at the southwest corner of Nashboro Boulevard and Flintlock Court, Site 15, zoned One and Two Family Residential (R10) (3.46 acres), approved for approximately 27,600 square feet of commercial uses.

Timeline for Planning Commission Action

The Zoning Code requires that within 90 days from the initiation of its review, the Planning Commission must hold a public hearing to make a determination of activity, and if necessary, make a recommendation to the Council. This request was initiated on March 1, 2012 and the 90 day period extends to May 30, 2012. A If the Planning Commission does not make a determination within 90 days from the initiation of a review it will be considered that a recommendation was made to re-approve by ordinance the existing PUD overlay district without alteration.

Existing Zoning

Site 15 is zoned R10 with a PUD overlay District. This portion of the PUD overlay allows neighborhood commercial uses.

Site 15 was originally approved for 40 stacked flat units and 21 townhouse units. In 1983, the PUD was revised. The commercial development originally proposed for Site 24 across Nashboro Village Boulevard from Site 15 was replaced with 64 stacked flat units. The neighborhood commercial development

ANALYSIS

As noted above, staff made a site visit in March 2012. There was no evidence of development activity on this portion of the PUD. The property owner did not provide any documentation of activity on this site.

Staff recommends that Site 15 of the Nashboro Village PUD be found to be inactive. If the Planning Commission concurs with staff, then the Commission must first determine whether Site 15 is consistent with the Community Plan and whether it should be retained as approved, amended or rezoned.

Consistency with Policy

The land use policy on this property and all properties within the PUD is Residential Medium (RM). This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. A variety of housing types are appropriate. The most common types include compact, single-family detached units, town-homes, and walk-up apartments. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre. This density fits within the RM policy. The centrally located neighborhood commercial development in this primarily residential PUD is an important element in the concept of Nashboro Village as a master planned community.

In 2007, the former Councilmember requested that this portion of the PUD be canceled and the R10 base zoning remain in place. At that time, the Planning Commission recommended that the PUD remain in place. The recommendation was based on the following analysis.

The location of the portion of the PUD that is proposed to be can celled is approved for approximately 27,600 square feet of commercial uses. The property is located along the south side of the main boulevard and is fairly close to the geographical center of the PUD district and was intended to provide a neighborhood commercial center.

While this PUD was originally approved many years ago, it has remained active and continues to be developed. The original concept represents a fully planned community, with a mixture of uses. The neighborhood center is properly located and sized to provide local services. If redesigned, it should serve an important role in maintaining the sustainability of the neighborhood.

The PUD should remain as approved for several reasons:

The commercial use for this property is close to the center of the development along the main thoroughfare.

The commercial use represents a neighborhood center that can provide additional neighborhood amenities to meet the daily convenience needs for residents in the area and/or provide a place to gather and socialize.

The concept behind the location of this commercial area complies with accepted planning principals and is the same concept used to determine appropriate locations for community and neighborhood centers throughout Davidson County.

 As there are few details in the preliminary approval, in order to develop this neighborhood commercial site, a revision to the preliminary PUD will be necessary. At that time, staff will work with the applicant to ensure that any development will contribute to the overall PUD by providing neighborhood services at an appropriate scale that also contributes to the walkability of the area. This can be accomplished by having the buildings framing the street with entrances oriented to the street, locating parking behind or beside the building, and ensuring the development is well connected to other portions of the PUD with sidewalks and strategically locating vehicular entrances to minimize curb cuts.

Recommended Legislation

If the PUD is found to be inactive, staff recommends that the PUD be maintained as approved as it “is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans.”

STAFF RECOMMENDATION

In accordance with the requirements of 17.40.120 H, staff recommends that the Planning Commission find this portion of the Nashboro Village PUD to be inactive.

If the Planning Commission finds the PUD to be inactive, staff recommends that the PUD be maintained as approved. Further, it is recommended that, when an application is received to develop this portion of the PUD, the Planning Commission direct staff to work with the applicant to ensure that the development will contribute to the overall PUD by providing neighborhood services at an appropriate scale and design that also contributes to the walkability of the area.

Project No. Planned Unit Development 74-79P-006

Project Name Nashboro Village PUD Review Site 27

Staff Reviewer Bernards

Staff Recommendation Find the PUD to be inactive, recommend to the Metro Council that the PUD continue to be implemented as adopted.

APPLICANT REQUEST

Periodic Review of Site 27 of the Nashboro Village PUD

PUD Review

A request to the Metro Planning Department for a periodic review of a portion of the Nashboro Village Planned Unit Development Overlay District located at Nashboro Boulevard (unnumbered), approximately 1,500 feet east of Murfreesboro Pike, Site 27, zoned Multi-Family (RM6) (1.7 acres), approved for a day care center.

Timeline for Planning Commission Action

The Zoning Code requires that within 90 days from the initiation of its review, the Planning Commission must hold a public hearing to make a determination of activity, and if necessary, make a recommendation to the Council. This request was initiated on March 12, 2012 and the 90 day period extends to June 10, 2012. A If the Planning Commission does not make a determination within 90 days from the initiation of a review it will be considered that a recommendation was made to re-approve by ordinance the existing PUD overlay district without alteration.

Existing Zoning

Site 27 is zoned RM6 with a Planned Unit Development overlay that permits a day care center.

ANALYSIS

As noted above, staff made a site visit in March 2012. There was no evidence of development activity on this portion of the PUD. The property owner did not provide any documentation of activity on this site.

Staff recommends that Site 27 of the Nashboro Village PUD be found to be inactive. If the Planning Commission concurs with staff, then the Commission must first determine whether Site 27 is consistent with the Community Plan and whether it should be retained as approved, amended or rezoned.

Consistency with Policy

The land use policy on this property and all properties within the PUD is Residential Medium. This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. A variety of housing types are appropriate. The most common types include compact, single-family detached units, town-homes, and walk-up apartments. Certain civic benefit and institutional uses, such as a day care center, are appropriate uses within this residential policy. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre. This density fits within the RM policy. A day care center is supported by the policy and the base zoning district. This service is appropriately located within this primarily residential PUD.

Recommended Legislation

If the PUD is found to be inactive, staff recommends that the PUD be maintained as approved as it “is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans.”

STAFF RECOMMENDATION

In accordance with the requirements of 17.40.120 H, staff recommends that the Planning Commission find this portion of the Nashboro Village PUD to be inactive.

If the Planning Commission finds the PUD to be inactive, staff recommends that the PUD be maintained as approved.

Project No. Planned Unit Development 74-79P-007

Project Name Nashboro Village PUD Review Site 25

Staff Reviewer Bernards

Staff Recommendation Find the PUD to be inactive, recommend to the Metro Council that the PUD be amended.

APPLICANT REQUEST

Periodic Review of the a portion of the Nashboro Village PUD

PUD Review

A request to the Metro Planning Department for a periodic review of a portion of the Nashboro Village Planned Unit Development Overlay District located on a portion of property at 171 Bell Road, approximately 1,000 feet south of Nashboro Boulevard, Site 25, zoned One and Two Family (R10) (1.2 acres), approved for 100 units in a five-story building.

 Timeline for Planning Commission Action

The Zoning Code requires that within 90 days from the initiation of its review, the Planning Commission must hold a public hearing to make a determination of activity, and if necessary, make a recommendation to the Council. This request was initiated on March 12, 2012 and the 90 day period extends to June 10, 2012. A If the Planning Commission does not make a determination within 90 days from the initiation of a review it will be considered that a recommendation was made to re-approve by ordinance the existing PUD overlay district without alteration.

Existing Zoning

 

Site 25 is zoned R10 with a PUD overlay District. This portion of the PUD overlay allows 100 multi-family units in a five-story building.

 ANALYSIS

A site visit was made in March 2012. There was a golf course maintenance building on this site. Site 25 is approved for a 100 unit multi-family building. There was no evidence of development activity to support the residential use. The property owner did not provide any documentation of activity.

Staff recommends that Site 25 of the Nashboro Village PUD be found to be inactive. If the Planning Commission concurs with staff, then the Commission must first determine whether Site 25 is consistent with the Community Plan and whether it should be retained as approved, amended or rezoned.

Consistency with Policy

The land use policy on this property and all properties within the PUD is Residential Medium. This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre. A variety of housing types are appropriate. The most common types include compact, single-family detached units, town-homes, and walk-up apartments. The density of the overall PUD fits within the RM policy.

Site 25 is on the same parcel of land as much of the golf course. At this time, there is a maintenance facility for the golf course in this location. Permit records show that this building was constructed in 1974. According the website, the Nashboro Village Golf Course opened in July 1975. The Nashboro Village PUD was approved in 1979 with a 100 unit multi-family building on this site.

While the RM policy supports the multi-family use when the entire PUD is considered, this particular location does not appear to be appropriate for a five-story structure. This site is isolated from the remaining development in the PUD and a five-story structure is inconsistent with the development pattern along this portion of Bell Road. When the maintenance facility is no longer located on this site, this portion of the PUD could be considered appropriate for a residential use at a scale consistent with the development pattern along Bell Road.

Recommended Legislation

If the PUD is found to be inactive, staff recommends that this portion of the PUD be amended to remove the five-story building at this location. A note should be added that residential uses, not to exceed 100 units, consistent with the scale of development along Bell Road within this PUD could be considered as a revision to the PUD.

STAFF RECOMMENDATION

In accordance with the requirements of 17.40.120 H, staff recommends that the Planning Commission find this portion of the Nashboro Village PUD to be inactive.

If the Planning Commission finds the PUD to be inactive, staff recommends that this portion of the PUD be amended to remove the five-story building of Site 25 and a add a note that residential uses, not to exceed 100 units, consistent with the scale of development along Bell Road within this PUD could be considered as a future revision.

Project No. Planned Unit Development 74-79P-005

Project Name Nashboro Village PUD Review Site 3

Staff Reviewer Bernards

Staff Recommendation Find the PUD Active

PUD Review

A request to the Metro Planning Department for a periodic review of a portion of the Nashboro Village Planned Unit Development Overlay District located on various properties at 901 B Nashboro Boulevard, approximately 1,190 feet east of Murfreesboro Pike, Site 3, zoned R10 (12.59 acres), approved for 73 townhomes.

 Existing Zoning

Site 3 is zoned R10 with a PUD overlay District. The PUD overlay allows 73 townhouse units. Site 3 was originally approved for 78 townhouse units. In December 2005, the Planning Commission approved the final site plan for Site 3 with a reduced unit count of 73 townhouses. The Planning Commission approved a revision to the plan in January 2009 to remove a connection of a private drive across the Colonial Pipeline gas line easement.

Timeline for Planning Commission Action

The Zoning Code requires that within 90 days from the initiation of its review, the Planning Commission must hold a public hearing to make a determination of activity, and if necessary,

make a recommendation to the Council. This request was initiated on March 1, 2012 and the 90 day period extends to May 30, 2012. A If the Planning Commission does not make a determination within 90 days from the initiation of a review it will be considered that a recommendation was made to re-approve by ordinance the existing PUD overlay district without alteration

ANALYSIS

As noted above, staff made a site visit in March 2012 and observed the presence of infrastructure to serve this development. In addition, the property owner’s representative did respond to the letter requesting documentation of activity with the following details of physical improvements constructed on the site:

• April 25, 2006 – Grading Permit No. SW2005-266 issued by Metro for site construction work on Tract 3.

• May 2006 to August 2006 – Approximately 90% of the site grading work and storm drainage infrastructure was installed for the 73 townhome units.

• June, 2007 – Public water and sanitary sewer line infrastructure installed for service to the 73 townhome units.

• December 21, 2007 - Wamble & Associates, PLLC prepares as-built plans for the public water and sanitary sewer infrastructure.

The owner’s representative also provided documentation of activity within the past 12 months to develop Site 3. In the summer of 2011 investors in the Nashboro Village Townhomes, LP entered into a contract with First Bank to purchase and finish the previously approved development on Site 3.

 A review of our file indicates the following activities have occurred on Site 3:

• June 6, 2011 - Wamble & Associates, PLLC engaged by Bacar Constructors to prepare an as-built survey and contact Metro departments to identify the items necessary to complete the site work and obtain building permits for the 73 townhome units in Nashboro Village Tract 3.

• June – December 2011 - Wamble & Associates, PLLC, Quirk Designs, Greenspace Design and Bacar Constructors engaged by Townhomes of Nashboro Village, LP to develop site plans, unit architecture, site landscaping and development cost for completing the 73 townhome units approved on Nashboro Village Tract 3.

• November 10, 2011 - Wamble & Associates, PLLC prepares an updated ALTA Survey for Nashboro Village Tract 3.

 • December 2011 – Building Permit No. T201128012 issued by Metro Codes Department.

• December 6, 2011 – Application for service submitted to NES.

• February 24, 2012 – Townhomes of Nashboro Village, LP acquires Nashboro Village Tract 3 from First Bank by Special Warranty Deed.

• March 9, 2012 - Wamble & Associates, PLLC prepares Revised Site Construction Plans and submits to Metro Planning, Metro Stormwater, Metro Public Works for approval and building permit sign-off.

Based on records provided by the property owner, First Bank was paid $650,000 for the purchase of Site 3 on February 24, 2012. From that time to date approximately, $75,000 has been paid on fees and expenses to enable the continued development and building the Site 3 project. These fees and expenses were for legal fees, appraisal fees, architecture fees, surveying fees, engineering fees, and contractor fees.”

Consistency with Policy

The land use policy on this property and all properties within the PUD is Residential Medium (RM). This policy supports a variety of housing types within a density range of four to nine dwelling units per acre. A variety of housing types are appropriate. The most common types include compact, single-family detached units, town-homes, and walk-up apartments. The Nashboro Village PUD covers approximately 393 acres with 2,475 residential units for an overall density of 6.3 units per acre. This density fits within the RM policy.

Recommended Legislation (if required)

If the PUD is found to be inactive, staff recommends that the PUD be maintained as approved as it “is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans.”

STAFF RECOMMENDATION

In accordance with the requirements of 17.40.120 H, staff recommends that the Planning Commission find this portion of the Nashboro Village PUD to be active. If the Planning Commission finds the PUD to be inactive, staff recommends that the PUD be maintained as approved.