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Inside 440 - Berry Hill, Midtown, Vanderbilt, 12S, WeHo, Fairgrounds, etc.


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1 hour ago, Hey_Hey said:

No, because there never was a legally enforceable "moratorium". It should probably be referred to as a "pause". As proof, a project with widespread support passed Metro Planning and Metro Council proving that the pause was not absolute.  Metro Planning has to hear every rezoning case if the owner brings it forth, but there is nothing in local, state, or federal law that states a landowner has the right to have their property rezoned. 

It was quite clear that no rezoning was going to be allowed, despite the fact that it made sense. Now it seems pretty clear to me that this woman has lost some money as a result, seeing as the market is much less hot right now. She may not have a basis for a suit, but she has been harmed by the preservationists, and that bothers me quite a bit.

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2 hours ago, samsonh said:

It was quite clear that no rezoning was going to be allowed, despite the fact that it made sense. Now it seems pretty clear to me that this woman has lost some money as a result, seeing as the market is much less hot right now. She may not have a basis for a suit, but she has been harmed by the preservationists, and that bothers me quite a bit.

I would say it's quite clear that rezoning was allowed because they did indeed allow it.  It's hard to argue they weren't going to allow it when they actually did allow rezoning to proceed. Wouldn't you agree? 

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31 minutes ago, Hey_Hey said:

I would say it's quite clear that rezoning was allowed because they did indeed allow it.  It's hard to argue they weren't going to allow it when they actually did allow rezoning to proceed. Wouldn't you agree? 

Well it didn't happen, perhaps you are thinking of a different development than I am. I am referring to the woman attempting to sell her holdings on 16th Ave S, as per my original post last year.

http://www.nashvillepost.com/business/development/article/20481694/planning-commission-puts-music-row-redevelopment-on-longterm-hold

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16 minutes ago, samsonh said:

Well it didn't happen, perhaps you are thinking of a different development than I am. I am referring to the woman attempting to sell her holdings on 16th Ave S, as per my original post last year.

http://www.nashvillepost.com/business/development/article/20481694/planning-commission-puts-music-row-redevelopment-on-longterm-hold

What I am saying is that there is not legal case against the city as you suggested earlier today. For there to be a legal case she would need to prove that the city was not following state laws in allowing zoning appeals to be heard. There is nothing that says a city must grant a landowner the ability to build anything except what base zoning allows. State law prevents "spot zoning" which targets individual pieces of land, but it does allow cities to limit what can be built based on zoning of sections of the city. The state mandates that there be an appeals process, and the landowner you are mentioning went through that process. The fact that the developers were turned down doesn't mean they have a legal case.  There is an argument that the city could not put a blanket moratorium on zoning for a set time because they would de facto limit the property owners' right to an appeal.  However, to prove that this "moratorium" did allow zoning changes that fit with what the city envisioned for the area, I would point you to the zoning appeal that was granted for Towery Development at 1518 16th Ave S.  It would be impossible for the property owners to prove that there is, indeed, a hard moratorium on all of Music Row when a property on Music Row was allowed to change its zoning. 

You can hold the opinion that the piece of property just south of the corner of 16th Ave S and Edgehill should have been granted a zoning change, but that is your opinion. It doesn't suddenly mean the landowners and developers would have recourse by suing the city. 

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41 minutes ago, Hey_Hey said:

What I am saying is that there is not legal case against the city as you suggested earlier today. For there to be a legal case she would need to prove that the city was not following state laws in allowing zoning appeals to be heard. There is nothing that says a city must grant a landowner the ability to build anything except what base zoning allows. State law prevents "spot zoning" which targets individual pieces of land, but it does allow cities to limit what can be built based on zoning of sections of the city. The state mandates that there be an appeals process, and the landowner you are mentioning went through that process. The fact that the developers were turned down doesn't mean they have a legal case.  There is an argument that the city could not put a blanket moratorium on zoning for a set time because they would de facto limit the property owners' right to an appeal.  However, to prove that this "moratorium" did allow zoning changes that fit with what the city envisioned for the area, I would point you to the zoning appeal that was granted for Towery Development at 1518 16th Ave S.  It would be impossible for the property owners to prove that there is, indeed, a hard moratorium on all of Music Row when a property on Music Row was allowed to change its zoning. 

You can hold the opinion that the piece of property just south of the corner of 16th Ave S and Edgehill should have been granted a zoning change, but that is your opinion. It doesn't suddenly mean the landowners and developers would have recourse by suing the city. 

I completely agree with what you are saying. I also know that people sue for any reasons, and regardless the city would have to spend resources defending a suit. I believe the city would prevail in any potential suit.

In my opinion a zoning change made sense in this situation, as some dilapidated buildings would have given way to a nice looking property and infused Edgehill Village with much needed multifamily, not too mention increased tax dollars. Instead we have Music Row stagnating, as it has for decades. As a neighbor of the area I am disappointed, the rest of the city is moving forward and Music Row is as run down as it ever has been (with the exception of the SESAC building).

 

About the Towery case:

"We're very excited to have gotten unanimous approval," said local developer Elliott Kyle, who is teaming with McClain Towery on the project. "The commission recognized this was a special case, mainly because of the project's scale, the fact we had MHC approval and that we're developing a lot that has sat empty for 15 years. It's a different request from some previous requests." Emphasis mine.

 

 

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17 hours ago, samsonh said:

Someone laughed at my post a year and half ago about a property owner suing metro because they wouldn't allow a basic rezoning. That woman has lost hundreds of thousands at this point because she couldn't sell because the music row moratorium.  Think she has a case now?

She could have sold her property at any time during the "moratorium." Unfortunately for her, the contract terms of the offer on her property required a zoning change be approved--something she is not entitled to--and her request for rezoning/SP was denied. If you were entitled to zoning changes for your property at any time and for any reason then there wouldn't be much purpose to property zoning--it would be rendered de facto unenforceable.

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On March 9, 2016 at 2:04 PM, samsonh said:

In my opinion a zoning change made sense in this situation, as some dilapidated buildings would have given way to a nice looking property and infused Edgehill Village with much needed multifamily, not too mention increased tax dollars. Instead we have Music Row stagnating, as it has for decades. As a neighbor of the area I am disappointed, the rest of the city is moving forward and Music Row is as run down as it ever has been (with the exception of the SESAC building).

Part of the problem with Music Row is that there are so many great little bungalows...and when someone purchases one and fixes it up (which many have)...they are gems for the neighborhood. Many, like myself, want to preserve that for Music Row.  That is the look that I, and many in the music industry, want for that neighborhood.  We don't want more SESAC buildings, turning Music Row into the "same ol' same 'ol."

Of course...there are many structures that don't deserve preserving...which I'm sure that's more of what you're talking about.  You'll have an awesome bungalow next to a dilapidated old apartment building that looks like a WWII era Army barracks.   So...I'm not sure exactly how that problem is solved, other than the neighborhood and the city need to be even more specific on how they want Music Row to look in 20, 50, 100 years.

I know that most don't want it all to look like the new SESAC building...but of course, with land prices, I don't think you can ask people to build new bungalows for their offices, either.  I think there has to be some kind of architectural middle-ground...and I'm not talking about height.  I'm talking some kind of mix between new and old.

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From The Post this morning:  "Memphis-based Development Services Group Inc. (DSG) continues to eye a boutique hotel for a Midtown site is has had under contract for almost a year. DSG president and CEO Gary Prosterman declined to note when “an affiliate” entity will close on the acquisition of the property, which is located at the northwest corner of the intersection of Hayes Street and 21st Avenue.

“We are still working with a hotel company to do a project on the site,” Prosterman told the Post Monday. In May 2015, Prosterman said the building would feature a ground-level restaurant and bar with outdoor dining. Floors two through five would feature parking, and floors six through 15 would accommodate 225 to 230 guest rooms. Ballrooms and meeting rooms would be included.

21st Plaza Partners paid $1.67 million in 1987 for the .62-acre site, which is home to a small 1960s-era medical office building and a structured parking garage. The property is zoned to accommodate a hotel building of up to 15 stories."

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From Nashville Post this morning: "Officials with Franklin-based Ford Custom Classic Homes have released an image for one of the homes now being built on their Richland Hall, a 48-residence development to be constructed on the West End Avenue site last home to Welch College. Richland Hall will offer six buildings to collectively contain 26 brownstone residences and 22 freestanding single-family homes. The brownstones will range in price from the $800,000s to $1.5 million with the single-family homes to range from $1.3 million to $2 million. A residential anchor of the city's west side, the Richland-West End neighborhood traces its evolution to 1905."

These designs are going to fit nicely into the overall feel of the predominantly brick and stone neighborhood.  

 

Screen Shot 2016-03-17 at 9.07.52 AM.png

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Elmington Group sells the 3.4 acre Demonbreun Hill site for $33.5 million (nearly double what they paid 30 months ago for it).  The buyer, Castle Rock Equity Group of New Jersey, apparently still likes the general concept that Elmington had drawn up entertainment, dining, retail, and residential in a ten-year plan. Whether it would include the three 15-22 story towers (one each for office, residential, and hotel)  from the previous plan is unclear . More details will be forthcoming.

http://www.tennessean.com/story/money/real-estate/2016/03/25/more-nightlife-headed-demonbreun-retail-strip/81682004/

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Castle Rock opens the Kimono... slightly.  Oh, and this will be as tall as... get ready.... brace yourselves... wait for it... 22-floors tall!!!!!!!!!    

http://www.bizjournals.com/nashville/blog/2016/03/exclusive-q-a-new-owner-of-prime-demonbreun-land.html

590 residential units, 640 hotel rooms, 103,000 square feet of retail and 420,000 square feet of office space, all in buildings up to 22 stories tall. Oh, and space for a grocery store, a coveted amenity for the urban core's population, which has grown 60 percent in the last five years.

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29 minutes ago, MLBrumby said:

Castle Rock opens the Kimono... slightly.  Oh, and this will be as tall as... get ready.... brace yourselves... wait for it... 22-floors tall!!!!!!!!!    

http://www.bizjournals.com/nashville/blog/2016/03/exclusive-q-a-new-owner-of-prime-demonbreun-land.html

590 residential units, 640 hotel rooms, 103,000 square feet of retail and 420,000 square feet of office space, all in buildings up to 22 stories tall. Oh, and space for a grocery store, a coveted amenity for the urban core's population, which has grown 60 percent in the last five years.

Will be interesting to see how long before anything breaks ground...and how big the project will be in the end.

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