SUBSTITUTE ORDINANCE NO. BL2005-825

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 the provisions of an Urban Design Overlay district located at 3100, 3124, 3214, 3300 and 3332 Murfreesboro Pike, 5925, 5953, 5969, 5995 and 6005 Mt. View Road, 3161, 3173, 3179, 3183, 3201, 3205, 3209, 3215, 3221, 3227 and 3233 Hamilton Church Road, within the area bounded by Murfreesboro Pike, Hamilton Church Road, and Mt. View Road (120.14 acres), to permit a mixture of building types, all of which is described here in (Proposal No. 2005UD-008U-13).

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 the provisions of an Urban Design Overlay district located at 3100, 3124, 3214, 3300 and 3332 Murfreesboro Pike, 5925, 5953, 5969, 5995 and 6005 Mt. View Road, 3161, 3173, 3179, 3183, 3201, 3205, 3209, 3215, 3221, 3227 and 3233 Hamilton Church Road, within the area bounded by Murfreesboro Pike, Hamilton Church Road, and Mt. View Road, (120.14 acres), to permit a mixture of building types, as being Property Parcel No. 114, 119-122, 125-128, 126.01, 183, 204 as designated on Map 150 and Propety Parcel Nos. 42, 43, 44, 45, 46, 48, 49, 50, 51, on tax Map 164 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. 150 and 164 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 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: Tommy Bradley

Amendment No. 1
To
Ordinance No. BL2005-825

Mr. President:

I move to amend Ordinance No. BL2005-825 as follows:

1. By amending Section 1 by deleting the phrase, "on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department", and substituting in lieu thereof the phrase "in the attached document entitled Hamilton Hills Urban Design Overlay, which is attached to".

2. By amending Section 1 and the caption of the Ordinance to remove the following parcel from the provisions of the urban design overlay:

3124 Murfreesboro Pike, being Property Parcel No. 42 on tax Map 164 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County.

3. By deleting the phrase "(120.14 acres)", wherein it appears in Section 1 and in the caption of the Ordinance, and substituting in lieu thereof the phrase "(104.66 acres)".

4. By substituting the sketch with the attached new sketch.

5. By renumbering Section 3 as Section 4, and adding the following new Section 3:

"Section 3. Be it further enacted, that notwithstanding any provision of the urban design overlay approved by this Ordinance to contrary, the provisions contained in Section 8.402 of the Metropolitan Charter pertaining to the functions of the Department of Public Works regarding the design, construction, maintenance and repair of roads, highways, streets and alleys shall prevail.

Sponsored by: Tommy Bradley

View Sketch

LEGISLATIVE HISTORY

Substitute Introduced: October 4, 2005
Passed First Reading: October 4, 2005
Referred to: Planning Commission - Approved 8-0-1
(October 27, 2005)
Planning & Zoning Committee
Passed Second Reading: November 1, 2005 
Amended: November 15, 2005
Passed Third Reading: November 15, 2005 
Approved: November 17, 2005 
By:  
Effective: November 18, 2005