April 28, 2014 | By Todd Moore
Although a group of area residents recently filed suit hoping to slow the construction of Southern Land’s now 16-story office, retail and residential development at 4000 Hillsboro Pike, the legal foundation for the plan was laid over a decade ago.The tower component of the project was originally proposed for 14 stories, was revised to 22, and is now apparently finalized at 16.
Planning discussions involving the site gained momentum in the late 1990s, resulting in the adoption of the Green Hills Urban Village Plan in 1999. The Metro Council then adopted theGreen Hills Urban Design Overlay (UDO) in 2002 with the objective creating an “urban village” in and around the existing Green Hills Mall. Metro-Nashville’s interpretation of an urban village is a compact and pedestrian-friendly mixed use developments.
Design overlay zones, like the Green Hills UDO, are land use (zoning) tools implemented by local governments that place additional restrictions or standards for property development within an area over and above what is required by the underlying zoning district. Often overlay zones are used to protect the particular existing character of an area, such as a historic district. However, they are also used to permit additional benefits or incentivize certain types of development, like the urban village concept envisioned by the Metro planners for Green Hills years ago.
The Green Hills UDO specifically encourages “a mixture of residential, ofﬁce, civic, and retail uses… along Hillsboro, Abbott Martin, Bandywood, and Hobbs [Roads]. The mixed use approach along with increased interconnectivity are keys to the success of the urban village concept.” In the case of Southern’s Lands 4000 Hillsboro project, the developer is specifically permitted to build a taller structure than what would be otherwise permitted because of its design’s compliance with the Green Hills’ UDO requirements.
According to a report on the Nashville Business Journal’s “Biz Blog,” financing for the 100 million dollar project is in place and is set to begin as early as June, with building openings beginning in 2016.
NASHVILLE, Tenn.—April 21, 2014—Franklin-based Cool Springs Law Firm has successfully defended the Town of Chapel Hill in a developer-brought lawsuit over the reallocation of water and sewer taps.
In an opinion handed down April 15, 2014, the Tennessee Court of Appeals upheld an earlier ruling by the Marshall County Circuit Court in the case of Ronald Lampley, et al v. Town of Chapel Hill, Tennessee, et al.
Real estate developer Lampley purchased taps for public water and sewer utilities from Chapel Hill and, per the same agreement, the town extended the sewer line to the project site. However, Lampley lost the property to foreclosure before any development occurred. When the land was later purchased by a third party, the town transferred the associated taps to the new owners. Lampley sued for $250,000 in damages—the full amount he had initially paid—claiming the taps were still his to use elsewhere.
Attorneys Todd Moore and Matthew Crigger effectively argued the municipality’s position that the water and sewer taps allocated for a certain project were tied to the land—not to the developer.
The higher court affirmed that position, finding that the initial agreement between the town and the developer sufficiently “evidences the parties’ intention that the sewer and water taps were to be used in connection with the development of the property the developer owned when the agreement was executed.”
The opinion further states: “When the developer lost the property through foreclosure, the developer had no more interest in the taps.”
Lampley has 60 days to file an appeal to the Tennessee Supreme Court.
The win for Chapel Hill means thousands of taxpayer dollars saved.
Moore, who serves as Town Attorney, said he appreciates the opportunity to represent the municipality’s interest. “We are very pleased to have achieved a favorable outcome in this case, which amounts to a significant savings of public resources.”
About Cool Springs Law Firm:
Established in 1999 and formerly known as Todd Moore PLC, Cool Springs Law Firm is a full-service law firm offering legal services and expertise for individuals, businesses and governments. Areas of practice include contract law, family law, land use and zoning, estate planning, and criminal defense. Offices are located in Brentwood, Tennessee at 1612 Westgate Circle, Suite #218. The firm serves clients throughout the state of Tennessee. For more information or to schedule a consultation, call (615) 290-5354 or visit www.CoolSpringsLawFirm.com.
BRENTWOOD, Tenn.—February 24, 2014—The City of Brentwood closed Monday on the final 80-acre tract of its Marcella Vivrette Smith Park.
The closing was handled by Todd Moore of Cool Springs Law Firm, Bryan Smith of Pietrangelo Cook, PLC and City Attorney Roger Horner. Todd Moore, a Brentwood resident, said “we feel privileged to represent Brentwood in this historic transaction. The Marcella Vivrette Smith Park represents an invaluable asset to the City and its citizens.” Marking the city’s largest-ever land buy, Brentwood Commissioners voted in 2010 to purchase 320 acres of the Smith family farm, including the 1825 Ravenswood home and several outbuildings. Toward the end of 2013, the Commission unanimously voted to exercise an option to purchase an additional 80 acres. The total 400-acre park expands the passive and active recreation opportunities available to residents while establishing a central “crown jewel” of green space and ensuring its preservation for posterity. More information about the park, including a Master Plan, is available at www.Brentwood-TN.org.
About Cool Springs Law Firm:
Established in 1999 and formerly known as Todd Moore PLC, Cool Springs Law Firm is a full-service law firm offering legal services and expertise for individuals, businesses and governments. Areas of practice include contract law, family law, land use and zoning, estate planning, and criminal defense. Offices are located in Brentwood, Tennessee at 1612 Westgate Circle, Suite #218. The firm serves clients throughout the state of Tennessee. For more information or to schedule a consultation, call (615) 290-5354. For more legal and community news, insights and commentary, keep up with the firm blog here at www.LegalNonfiction.com.
About Pietrangelo Cook, PLC:
Pietrangelo Cook PLC was founded in Memphis, Tennessee, in 1997 by Anthony Pietrangelo and John Cook. Offering a unique blend of legal, business, technological, and financial knowledge, Pietrangelo Cook provides complete legal advice across diverse industries and businesses. Bryan K. Smith concentrates his practice in the areas of commercial and residential real estate, real estate development and finance, secured transactions, and opinion letters. For more information on Pietrangelo Cook, PLC call (901) 685-2662 or visit www.firmpc.com