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.
