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 changing from R10 to SP district properties located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike, (to permit for 34 multifamily units and 3 single-family lots), as being Property Parcel No. 089, 090, 091, 106, 107, 108, 109, 110 (2.35 ac.) as designated on Map 116-03 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. 116
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 be bonded, completed, or satisfied prior to final SP approval or final plat approval, as applicable.

1. Buffer yards must meet the buffer yards requirements as specified in Section 17.24.210 of the Metro Zoning Code, or those identified on the Preliminary SP plan, whatever is greater.

2. Prior to Final SP approval, the detention site must be approved by the Stormwater division of Metro Water Services. If it is not approved, then the plan may need to be revised or possibly amended.

3. Prior to the issuance of any permits, confirmation of final approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services and the Traffic Engineering Section of the Metropolitan Department of Public Works.

4. This approval does not include any signs. Any signs must be approved by the Planning Commission and must be in conformance with the overall intent of the SP district to provide a transitional development from higher intensity to lower intensity residential along Woodmont.
5. The requirements of the Metropolitan Fire Marshal's Office for emergency vehicle access and fire flow water supply during construction must be met prior to the issuance of any building permits.

6. Approvals are subject to Public Works' review and approvals of construction plans.

7. As recommended in the access study, developer shall construct a 3 lane cross section along Woodmont Blvd frontage with a 2 way center turn lane with adequate transition per AASHTO standards at the eastern property line. Widening shall accommodate existing bike lanes.

8. At the western property line Developer shall align center turn lane with westbound left turn lane on Woodmont Blvd at Harding Rd and extend this turn lane to connect with the 2 way left turn lane. Woodmont widening shall incorporate existing right turn lane on Woodmont at Harding.

9. Project driveways shall align with opposing driveways. Driveway shall be opposite Park Manor Blvd. driveway shall be 24 ft wide for 2 way travel operation.

10. Vehicular cross-access to property along Kenner shall not be allowed.

11. As per the Preliminary SP plan, the number of multi-family units is a maximum of 34 units.

12. The development will be stair-stepped to minimize the height impact on the residences closest to the project.

13. Building height has been reduced from three sections of 11, 7, and 4 stories (38 units) to sections of 10, 6, and 3 stories (34 units).

14. The building design will reflect the more traditional construction in the West End area.

15. The three properties on Kenner Avenue will be renovated and remain as single-family homes.

16. The immediately adjacent property owners have been given the option to sell their homes to Mr. Rhea within 30 days of the commencement of construction at appraised value; these properties will be rezoned SP as single-family homes to provide additional buffer to adjoining residences; one property will remain as a buffer on Woodmont; all homes would remain on Kenner as single family homes.

17. There will be no vehicular access from the condo development on Kenner/Ridgefield Avenues. All access will be to Woodmont Boulevard; pedestrian access to Kenner/Ridgefield Avenues would be allowed.

18. Construction access onto the site will be restricted to Woodmont Boulevard.

19. Prior to the issuance of any building or grading permits, a ten foot high opaque perimeter fencing will be constructed along the adjacent properties with a 3-5 foot setback from the property line.

20. Actual construction work on the site will be limited to the hours of 7:00am to 7:00pm, Monday through Friday; only work of an emergency nature will be done on Saturdays; there will be no work on Sundays.

21. Construction lighting will be directed away from the adjacent properties and will be limited to the 7:00am to 7:00pm construction period; there will be safety/security lighting on the property during the evening hours.

22. A 500 foot survey area will be conducted prior to the commencement of any blasting; additional homowners may have a survey conducted for $50 per home.

23. Any claims for damages and other issues would be handled by a specific consultant hired for this project.

24. All excavation work will be completed in 90 days; estimated 9,000 cubic yards of material will be moved on the site.

25. A day's notice will be given for any blasting.

26. Blasting will occur during the hours of 9-12am and 2-4pm.

27. Existing mature trees will remain where possible; a site plan will be provided.

28. Landscaping will be done with mature trees in excess of Metro Codes requirements. The immediate adjacent properties will be provided a $2,500 landscaping budget on their property.

29. Mr. Rhea will be responsible for the renovation of the property on Kenner Avenue for resale to homeowners.

30. Mr. Manning, the property owner, has offered to donate $50,000 to a trust account to be administered and used by the Kenner Manor neighborhood for community improvement projects.

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: John Summers

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LEGISLATIVE HISTORY
Introduced:	December 6, 2005
Passed First Reading:	December 6, 2005
Referred to:	Planning Commission - Approved 8-0 (February 9, 2006) Planning & Zoning Committee
Passed Second Reading:	January 5, 2006
Deferred to February 21, 2006:	January 17, 2006
Substitute Introduced:	February 21, 2006
Passed Third Reading:	February 21, 2006
Approved:	February 22, 2006
By:
Effective:	February 24, 2006