The Different Meanings of "Preserved"

From the first announcement, the May Town Center has been touted as being "green" because, in part, it was claimed that 900 acres of the 1,500 acres would be "preserved" through the use of conservation easements. One would be excused for believing that this meant that nothing would happen on those 900 acres, that they would remain in a natural state. As it turns out, the Mays have a different idea of what "preserved" means.

Section 9 of the MTC re-zonign application notes:

Approximately two thirds of the subject property, no less than 900 acres, will be permanently dedicated, via conservation easements, as property preserved in a rural state. For comparison's sake, this is an area larger than the exising Bells Bend Park, and it will serve a variety of purposes for May Town Center and the public at large. (p. 48)

The easements are in 6 different categories.

Now, since they are comparing themselves to Bells Bend Park -- our low-impact, environmental park -- and talking about "preserving in a rural state," you might be surprised to know that the "Natural Conservation Areas" -- the most preserved under their plan -- will included up to 6 "estate homes" each of up to 7,500 square feet on 5 acres. (p. 48)

The "Office Campus Conservation Area" will include 227 acres of corporate campuses. (p. 48)

103 acres of conservation easement will incude "ball fields, tennis courts or other similar recreational amenities" and "future schools, churches, fire stations and similar uses." (p. 49)

In addition, a certain part will be reserved for a "future marina and related development." (p. 49)

To make sure, I checked the definition of "preserve" in the dictionary, where I found:

"To keep in perfect or unaltered condition; maintain unchanged."

The dictionary didn't mention an exception for adding estate homes, tennis courts or marina developments.

Planning Staff Supports MTC Contrary to Own Rules and Design Principles

In not only supporting, but also actively pushing for, the May Town Center, the Planning staff appears to have gone contrary to its own rules and policies.

In 2004, Metro adopted the Land Use Policy Application (LUPA) for use in the sub-area planning process. The Planning Department later determined, however, that LUPA "did not adequately address issues of community character and the form of natural and built environments to the satisfaction of the community." Its answer was the Community Character Manual which contains community character policies that are supposed to be more "form-based" and less focused on land use and density. (Find it here: http://www.nashville.gov/mpc/ccm_manual.htm) The introduction to the Manual states:

Community Character Policies are applied to all property within
Nashville/Davidson County, during the Community Planning process. Future land use decisions – including recommendations on zone changes and subdivision requests – are made based on the Community Character Policies in each Community Plan. (p. 5)

The Manual creates what it calls "transects," which "describe the various development patterns of a region from natural areas to very urbanized areas in seven Transect Categories – T1 Natural, T2 Rural, T3 Suburban, T4 Urban, T5 Centers, T6 Core and D Districts." (pp. 5-6) The Manual further explains,

The Transect model calls for development in the different Transect Categories to be distinctive – rural development should, for example, look and feel different than suburban or urban development. (p. 6) (emphasis added)

Finally (for our purposes), the Manual explains:

The Transect is an ordering system, which calls for all elements of the natural and built environment to be consistent with the character of the Transect Category that they are within. ... The Transect calls for all development within a Transect Category to be consistent with that category. Alley access would be inconsistent in the T2 Rural area just as a rural road with ditch and swale would be out of place in a T4 Urban area. Development within each Transect Category should have the appropriate form, character, uses and density/intensity for the Transect Category. ... The design guidance in Community Character Policies, which guide decisions on future zone change and subdivision requests, is written to be consistent with the respective Transect Category.(p. 10) (emphasis added)

What the staff has done with the May Town Center is recommend putting a T6 or D District in the middle of a T2 Rural area. This goes against every principal described above.

The zone change request for the May Town Center is the most extreme possible -- literally from one end of the scale to the other. If this zone change is approved, what zone change in any other part of the city could reasonably be denied? Couldn't any other developer always point to this and say, "well, you allowed the May Town Center to be built in a rural pasture, so why can't I have my Wal-Mart/suburb/Jiffy-Lube in this already developed area?"

And if such an extreme zone change can be approved contrary to the principles that the Planning department claims to apply across the county, what resident would want to be involved in the planning process knowing that all of their effort and work could be cast aside in a minute for The Next Big Thing? The Scottsboro community's detailed design plan, approved by the Planning Commission in August 2008, describes a rural community that develops at a natural pace and in a way that is consistent with the community character. The introduction into the plan of an "Alternate Development Area" (to allow the MTC) was done by the staff over the very vocal opposition of the residents. Approving the MTC would send a message to neighborhoods across the city that -- contrary to the Community Character Manual -- their opinions about what character should be reflected in their community don't matter in the face of something that promises lots of money for the rest of the city. Ironically, that would suggest that the Planning staff wasted 4 years creating the CCM only to not bother to follow it.

Different Rules for the Wealthy

from the blog Enclave June 21, 2009 (at http://enclave-nashville.blogspot.com/)


"The Mays Want to Bring High Density to Bells Bend While Attempting to Switch Their Own Street to Lower Density

Irony of local developers' ironies: the very same night this week that the May Town Center proposal is up before the Planning Commission once again for public hearing, CM Jason Holleman brings a request to the Commission by approximately 2 dozen Enworth Place and Ensworth Avenue property owners to change their current low-density zoning to even lower density. Two of those residents are Frank and Leon May, who reside on Ensworth Place, and who are the would-be catalysts of May Town Center sprawl across Bells Bend.

The existing zoning at Ensworth Place and Ensworth Avenue allows single-family homes and duplexes on a minimum of 40,000 sq. ft. lots. The proposed zoning that the Mays are advocating--for parcels on which their own homes and those of their immediate neighbors sit--would eliminate duplexes from the formula and reduce density to .93 dwelling units per acre on a minimum 40,000 sq. ft. lot. They seem to want to keep developers in check where they live.
Metro Planning staffers are once again siding with the May family in a zoning proposal but for entirely different reasons this time around. This time they intend to protect the current character of the area by selectively applying this rationale:

This 48 acre area is an established, low density residential

development with predominantly single-family residences.

Keep in mind that a little later on Thursday evening's agenda, the Commission will be discussing the planners' endorsement of the May family's attempt to convert historic, lowest-density farmland into high-density, urban, multi-use, car-cultured development of substantially more than .93 units per acre. I guess protecting the character of Bells Bend doesn't matter quite as much to Metro Planning since the Mays don't live there.

However, I doubt that any Metro planner will be considering the inconsistencies of the evening. They'll no doubt see it as all part of the big plan."

[if you are not familiar with "Enclave: Nashville North-by-Northwest" check it out. There have been many thoughtful posts about the MTC and planning (or the lack thereof) in Nashville generally. -- SLC]

May Town Overview

MAY TOWN: It's back and why you should be worried

What they want:

May Town is the gigantic city-in-a-pasture proposed by landowners Jack and Frank May and downtown developer Tony Giarratana. Their proposal calls for a city the size of downtown; Nashville, with 40,000 workers (downtown has 47,000 right now), 5000 condos (downtown has about 3000, with many vacancies), a 15-story hotel, and all the related amenities - all on 600 acres of cowpasture in Bells Bend. They say this will make lots of tax income for the city, largely by attracting all those companies who go to Cool Springs.

There has been NO projection, either by the land speculators or by the city, of infrastructure costs. No one has any idea of the potential cost to you, the taxpayer.

What we want:
We want to keep it country.

The Corridor between Bells Bend and Beaman Park is Nashville's back yard, inside Davidson County, but still rural. We already have a new cooperative organic farm project, an long-standing commercial turnip patch, two sod farms, free-range chicken eggs, a commercial cut flower business, a number of beef cattle, and an endless array of personal gardens. We have two knock-out city parks, and have had a rare pair of whooping cranes spend several weeks here over the last two years.

You get the idea - we can make money, support workers, and make Nashville a cool place to live.

There are NO taxpayer costs for this version of Bells Bend.

Access:

Current access is only by a tiny two-lane country road, which both the Maytown people and the neighborhood plan say will not be widened or disturbed. So no access at all.

Maytown landowners say they will build the first bridge across the Cumberland, free near the prison off Briley Parkway and Centennial Boulevard. For a long time they said the whole thing would only need one bridge. Anyone who has been downtown during rushhour, with its dozen interstate exits and its more than 50 surface street access points, finds this claim simply not believable.

We have a hard time believing that Homeland Security, the police, emergency response vehicles, or firefighters would agree with a plan for a single exit for a city of this size.

They might give us one bridge free, but you, the taxpayer, will pay for bridges two, three, and four, plus all the connectors, plus widening Briley Parkway and I-40, plus, maybe a rail line. Plus, plus, plus...

History:
The May brothers bought the 1500 acres after another proposal, this one for 2000, then 1200 condos, was not approved by the planning commission, largely due to inaccessibility—the property can be reached only by a tiny two-lane country road stretching 6 miles off Highway 12.

The small neighborhood, totaling about 350 households, worked for nearly two years with the planning commission staff on a neighborhood plan, which would help maintain the rural character of the area. This plan is now in place, and Maytown, grotesquely out of character for the plan, is trying to obtain a special designation to allow it to be built. In August, 2008 the Planning Commission, voted to put this request on hold to allow more information. The request to support Maytown’s development is again before the Planning Commission, and will then go to Metro Council.

Process:
The Planning Commission staff is recommending that the Commission approve the Maytown proposal at its June 25  meeting. The proposal then goes to Metro Council. If the Commission votes it down, it will require a larger majority for approval at the Council.

Contact Your Representative

As you now probably know, the Metro Planning Commission is tentatively set to hear the May Town Center zoning change on Thursday, June 25 .

Last summer, neighborhood groups joined forces with citizens from across Nashville in voicing opposition to this sprawling development, which would destroy the largest undeveloped swath of Davidson County and effectively create a competing downtown. Thanks to your efforts, the Planning Commission unanimously deferred voting on May Town Center at that time.

With the resurrection of this development, we’re once again asking for your help to defeat it. In addition to attending the June 25  meeting, it is imperative that you contact our representatives BEFORE THEN.

CALLS AND REGULAR LETTERS HAVE A BIGGER IMPACT THAN EMAILS.

1. Send a quick note to the planning commissioners, letting them know that you oppose this development. Commissioners can be e-mailed at planning.commissioners@nashville.gov. Mailing addresses and phone numbers are also listed here: http://www.nashville.gov/mpc/memberslist.htm. Your letter can be 1-2 paragraphs and should be no more than 1 page.

2. Send a letter to Councilman Lonnell Matthews at lonnell.matthews@nashville.gov or 2733 Cato Ridge Drive , Nashville , Tennessee 37218 .  If you also wish to call him, his contact number is 876-2319. 

There are myriad reasons to oppose this development – fiscally, environmentally, strategically, and otherwise. We’ve selected some of the most pertinent ones and pasted them below. Pick two or three that resonate with you and use them as the foundation of your e-mail to the commissioners.

Why May Town Center Is Bad for Nashville

1. May Town Center robs Nashville ’s downtown. Nearly 20% of office space is vacant in downtown right now.   Why do we need to add another 8 million square feet of office space in Bells Bend? This will only cripple 20 years of successful investment in downtown revitalization.

2. Taxpayers take a beating under this plan. May Town Center will siphon resources from already-strained public services like schools, public safety, and neglected and aging infrastructure.

3. Quality of life is at the forefront of this issue. Do we want to end up with the chaotic sprawl that surrounds Atlanta ? Do we need, or want, Cool Springs North?

4. This is about a landowner and a developer making money, not about attracting new businesses to Davidson County . Companies don’t decide whether to relocate to Nashville based on the availability of a 50-acre corporate campus. They assess tax incentives, public education, quality of infrastructure, proximity to transportation, and cultural activities, among many other criteria. May Town Center addresses none of these issues.

5. This is the largest intact rural area remaining in Nashville .  A forward-thinking city has the vision to protect this kind of open space rather than pave over it.

6. The developer’s claims that the remainder of Bells Bend will be protected are, at best, completely misguided and, at worst, disingenuous and deceitful.  Nashville lacks the mechanisms and organizational structure to enforce protection of the remainder of Bells Bend.

7. The report from the Mayor’s Green Ribbon Committee spells out clearly the need to protect open space in Nashville and decrease Nashville ’s carbon footprint.  Building May Town Center goes against each of these ideals; protecting Bells Bend carries out the committee’s recommendations.

Metro Planning Commission’s Next Meeting

THURSDAY JUNE 25 at 4:00pm

Genesco Park

1417 Murfreesboro Pike

As you now probably know, the Metro Planning Commission is tentatively set to hear the May Town Center zoning change on Thursday, June 25 at 4pm.

Last summer, neighborhood groups joined forces with citizens from across Nashville in voicing opposition to this sprawling development, which would destroy the largest undeveloped swath of Davidson County and effectively create a competing downtown. Thanks to your efforts, the Planning Commission unanimously deferred voting on May Town Center at that time.

With the resurrection of this development, we’re once again asking for your help to defeat it. It is imperative that you come to this meeting:

Thursday, June 25 , at 4 p.m. If possible, arrive early, as space is limited. Please commit yourself to bringing at least 2 other people from the community.  We need as many bodies and as much support demonstrated as possible at this hearing. The commission meets at Metro Southeast (Genesco Park) on 1417 Murfreesboro Pike, Nashville 37217. Map here: http://www.nashville.gov/mpc/pdfs/main/MeetingMapSmall.pdf.  Don’t forget to wear your Bells Bend T-shirt if you have one.  This meeting is so important!  Please make plans to attend.

Anti-May Town Center Testimonial: Brenda Butka (doctor and Scottsboro neighbor)

Let your representative know, "This is about a landowner and a developer making money, not about attracting new businesses to Davidson County. Companies don’t decide whether to relocate to Nashville based on the availability of a 50-acre corporate campus. They assess tax incentives, public education, quality of infrastructure, proximity to transportation, and cultural activities, among many other criteria. May Town Center addresses none of these issues."