ORDINANCE NO. BL2003-91


An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the corner of Page Road and Forrest Park Drive (6.18 acres), classified R20 and proposed for R8, the provisions of a Planned Unit Development District, to permit the development of 34 single-family lots (Proposal No. 2003P-010U-07).


NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By making applicable to property abutting the corner of Page Road and Forrest Park Drive (6.18 acres), classified R20 and proposed for R8, the provisions of a Planned Unit Development District, to permit the development of 34 single-family lots, as being Property Parcel No. 93 as designated on Map 130-09 and Property Parcel Nos. 3-6 as designated on Map 130-13 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.

Section 2. BE IT FURTHER ENACTED, That the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet No. 130 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. BE IT FURTHER ENACTED, That the following conditions must be met.

1. The project shall be developed in accordance with the ‘Conceptual Streetscape Elevation - Page Road & Maybelle Lane’, as prepared by Littlejohn Engineering Associates, Inc., and dated November 7, 2003, on file with the Metropolitan Planning Department.

2. The project shall be developed in accordance with the ‘Conceptual Streetscape Plan - Page Road & Maybelle Lane’, as prepared by Littlejohn Engineering Associates, Inc., and dated November 7, 2003, on file with the Metropolitan Planning Department.

3. A certified Tree Survey shall be completed and submitted with any request for final PUD approval.

4. The Preliminary PUD Plan shall be reviewed by an ISA (International Society of Arboriculture) Certified Arborist prior to submitting a request for final PUD approval to determine the likelihood that all trees proposed for preservation will survive grading and construction activities. A report, prepared by the certified arborist, shall be submitted with any request for final PUD approval.

5. Any conditions to protect trees during grading and construction recommended by the certified arborist shall be reviewed by Planning Department staff and the applicant and may be placed within the conditions of final PUD approval.

6. Should any tree that is tagged, fenced, and appropriately protected for preservation die within one year of the issuance of the grading permit, a tree of the same species, shall be planted in its place. The size of the replanting, whether measured using DBH (diameter at breast height) or caliper, shall be determined by the certified arborist to ensure survivability, healthy growth, yet also act to replace the canopy of the existing shade trees.

7. All construction activity, whether temporary or semi-permanent, shall enter and exit the site via Forrest Park Drive.

8. If final PUD approval is not requested for the entire PUD, a Timetable for Development and Phasing Plan shall be submitted with the first request for final PUD approval. The Timetable for Development shall propose build-out timetable for each phase and the approximate month and year that each request for final PUD approval would be submitted to the Planning Commission. Should this Timetable for Development ever need to be amended, it shall only be amended as part of a request for final PUD approval before the Planning Commission.

9. The developer shall construct all proposed streetscape improvements, inclusive of the five-foot sidewalk and any other voluntary decorative improvements, prior to the issuance of the first Use & Occupancy Permit for the 34-lot development.

Section 4. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Chris Whitson, Adam Dread

Map-Parcel No./Owner:
130-09-93
130-13-3-6
Tarragon Realty Investors, Inc.

Requested by:
Littlejohn Engineering

Amendment No. 1
To
Ordinance No. BL2003-91

Mr. President:

I move to amend Ordinance No. BL2003-91 as follows:

1. By adding the following new conditions to Section 3:

“10. All of the homes fronting Forest Park Drive shall be developed at a height under 50’ to the top of the gable.

11. Side porches on all of the residences fronting Forrest Park Drive shall not exceed a two-story height.

12. The homes at the corner of Page Road and Forrest Park Drive shall be constructed as a two and one-half story residence.

13. The exterior materials of the homes shall be consistent with the 18th Century historic Georgian homes, including for example, brick, timber siding, and true stucco.

14. All construction shall be in accordance with the supplement plan that is on file with the Metropolitan Planning Department.”

2. By renumbering Section 4 as Section 5.

3. By adding the following new Section 4:

“Section 4. BE IT FURTHER ENACTED, That the supplement plan, which is on file with the Metropolitan Planning Department, be made a part of this ordinance as though copied herein.”

Sponsored by: Chris Whitson

View Sketch

LEGISLATIVE HISTORY

Introduced: December 2, 2003
Passed First Reading: December 2, 2003
Referred to: Planning Commission - Approved 10-0 (11/13/2003)
Planning & Zoning Committee
Passed Second Reading: January 6, 2004
Amended: January 20, 2004
Passed Third Reading: January 20, 2004
Approved: January 21, 2004
By:
Effective: January 24, 2004