Buena Vista Pike neighbors threaten suit over development

Neighbors in North Nashville's Buena Vista Pike Area said they are prepared to seek legal action over the development of the Creekside neighborhood at a meeting Tuesday night hosted by Councilwoman Brenda Gilmore.

According to community leader John Degraphenreed, a major concern the neighborhood association still has is the number of homes the developers, AHR-Development (Affordable Housing Resources-Development), will build on the 17-acre tract adjacent to Whites Creek.

Gilmore said the developers have agreed to lower the number of cluster homes they originally planned on building from 45 to 38.

Degraphenreed, however, believes legally they should not be able to proceed. He pointed out the proposed neighborhood is located on a floodplain and, according to Metro law, the developers would not be able to build more than 24 homes.

Degraphenreed said a provision in the law states, according to zoning regulations, once the floodplain is taken out of the picture the developers are left with only 10 acres to build on and 38 homes is still too high a number.

"We believe that we are in every way applying the regulations correct as they stand today," said Ann Hammond, assistant director of the Metro Planning Department, who also attended the meeeting.

Degraphenreed is concerned about the fact the city is making decisions on future development based upon the known boundary lines of the flood plain on maps drawn in 1984.

Degraphenreed questioned why the city would make major decisions with 1984 information.

"It appears to me that the city does not want to act until after there has been some damage, until somebody's house is covered by six and 12-feet of water, then we'll get some activity," Degraphenreed said.

Gilmore agreed to ask Metro legal about the neighbors' concerns over the flood plain.