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