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 amending a Planned Unit Development district located at 3806 Estes Road, south of Elder Place, to permit 8 single-family lots, (2.5 acres), all of which is described here in (Proposal No. 99P-004U-10).

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 amending a Planned Unit Development located at 3806 Estes Road, south of Elder Place, to permit 8 single-family lots, (2.5 acres), as being Property Parcel No. 102 as designated on Map 116-12 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 PUD approval, or final plat recordation, as applicable.

1. A six (6) foot masonry wall between the Estes property and Burlington shall be erected.

2. No decks may be constructed above the main floor of the dwelling.

3. The total floor living area of the main structures upon any lot, exclusive of open porches, terraces, decks, garages, carports and breezeways, shall not be less than 2,900 square feet.

4. The existing proposed setback of approximately 39.5 feet on the Wyndham Chase side shall be retained.

5. This PUD development name shall be changed from Estes Glen to another name at the time the final plat is submitted for recordation.

6. All lots (including lots 3 through 5) adjacent to the Burlington property line on the eastern portion of this PUD shall have a minimum set-back of 25 feet from the eastern property line.

7. Prior to the final development plan being approved, applicants must acquire approval from NES regarding the proposed five foot front setback. If NES does not approve the proposed setback, then the plan must be revised, and or possibly amended.

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

9. Subsequent to enactment of this planned unit development overlay district by the Metropolitan Council, and prior to any consideration by the Metropolitan Planning Commission for final site development plan approval, a paper print of the final boundary plat for all property within the overlay district must be submitted, complete with owners signatures, to the Planning Commission staff for review.

10. This approval does not include any signs. Business accessory or development signs in commercial or industrial planned unit developments must be approved by the Metropolitan Department of Codes Administration except in specific instances when the Metropolitan Council directs the Metropolitan Planning Commission to approve such signs.

11. The requirements of the Metropolitan Fire Marshal's Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits. If any cul-de-sac is required to be larger than the dimensions specified by the Metropolitan Subdivision Regulations, such cul-de-sac must include a landscaped median in the middle of the turn-around, including trees.

12. This preliminary plan approval for the residential portion of the master plans is based upon the stated acreage. The actual number of dwelling units to be constructed may be reduced upon approval of a final site development plan if a boundary survey confirms there is less site acreage.

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: Lynn Williams

View Sketch

Amendment No. 1
To
Ordinance No. BL2006-1159

Mr. President:

I move to amend Ordinance No. BL2006-1159 by amending Section 3 as follows:

I. By deleting condition number 4, and renumbering the remaining conditions accordingly.

II. By deleting the newly renumbered condition 5 (formerly condition 6) and substituting in lieu thereof the following new condition 5:

"5. All lots (including lots 4 and 5) adjacent to the Burlington property line on the eastern portion of this PUD shall have a minimum setback of 25 feet from the eastern property line of the project."

III. By adding the following new conditions:

12. The only permissible signage for the development shall be the entrance columns, which must be built substantially in accordance with the sketch attached hereto and incorporated herein as Exhibit A.

13. All houses shall be limited to two occupied stories. In addition, no house shall be more than (i) twenty-six feet in height to the bottom of the eaves, and no taller than forty feet at any point, measured from the median grade level at the front of the house and (ii) thirty feet in height to the bottom of the eaves and no taller than forty-four feet at any point, measure from the median grade level of the whole house.

14. The building footprints including garage and porches cannot exceed (i) 4,000 square feet on lots 1-3 and 6-8 and (ii) 5,000 square feet on lots 4 and 5.

15. The houses on lots 1 and 8 must address Estes Road with windows, doors, porches, roof line breaks and/or building relief so that the full flat side of the house does not front Estes Road.

16. The developer will replace the existing wood fence on the northern and eastern border with a six-foot masonry wall. This work must commence before building permits may be issued on the homes and must be complete before a certificate of occupancy may be issued on the homes.

17. The area between lots 4 and 5 must terminate the view with landscaping, fencing or other features. The driveways for lots 4 and 5 will not be along the common property line.

18. The building setback on the southern border shall be 25 feet from the property line. The developer will provide a six-foot masonry wall on the southern border. The developer will not be required to provide a B equivalent buffer, but must provide a six-foot masonry wall on the southern border. This work must commence before building permits may be issued on the homes and must be complete before a certificate of occupancy may be issued on the homes.

19. The front yard setback on lots 1 and 2 must be ten feet to accommodate an NES easement.

Sponsored by: Lynn Williams

View Exhibit

LEGISLATIVE HISTORY
Introduced:	August 1, 2006
Passed First Reading:	August 1, 2006
Referred to:	Planning Commission - Approved 6-0 (July 13, 2006) Planning & Zoning Committee
Passed Second Reading:	August 29, 2006
Deferred:	September 19, 2006
Amended:	October 3, 2006
Passed Third Reading:	October 3, 2006
Approved:	October 10, 2006
By:
Effective:	October 12, 2006