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 changing from AR2a, CL, R10, RS10, CS, and IR to SP zoning various properties located on Murfreesboro Pike between Hickory Woods Drive and Hurricane Creek Boulevard (62.10 acres), all of which is described here in (Proposal No. 2006SP-166U-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 changing from AR2a, CL, R10, RS10, CS, and IR to SP zoning various properties located on Murfreesboro Pike between Hickory Woods Drive and Hurricane Creek Boulevard (62.10 acres), as being Property Parcel Nos. 078, 079, 080, 081, 124, 170, 190, 154, 166, 167, 173, 191, 197 as designated on Map 175-00 and Property Parcel Nos. 33, 35 and 51 as designated on Map 176 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. 175 and 176 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: Sam Coleman

Amendment No. 1
To
Ordinance No. BL2006-1217

Mr. President:
I move to amend Ordinance No. BL2006-1217 as follows:
1. By amending Section 1 by deleting Parcel Nos. 173 and 197 from those properties to be rezoned.
2. By deleting the phrase "62.10 acres", wherein it appears in the caption and in Section 1, and substituting in lieu thereof the phrase "58.11 acres".
3. By substituting the sketch with the attached new sketch.
4. By renumbering Section 3 as Section 4, and adding the following new Section 3:
"Section 3. Be it further enacted, that the following conditions be bonded, satisfied, or completed prior to final plat approval or as specifically outlined:

The following conditions must be completed, bonded, or satisfied prior to final development plan or final plat approval, as applicable.

1. A traffic impact study shall be required for each individual project unless the traffic engineer determines that the impact of a proposed development does not warrant a study. For projects which include multiple phases, the zoning administrator or the planning commission shall certify the scheduling of improvements through the site plan approval process. If no phasing is identified in the traffic impact study as approved by the traffic engineer, all study recommendations shall be satisfied at the initial stage of development.

2. Prior to the issuance of a building permit for any residential structure, a contribution of $300.00 per dwelling unit shall be made to the Metropolitan Board of Education as an alternative to the provision of a middle school site. These funds are to be used to offset the capital needs generated by this rezoning.

3. 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.

4. Prior to the issuance of any permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Traffic Engineering Section of the Metropolitan Department of Public Works for all improvements within public rights of way.

5. Subsequent to enactment of this SP 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 owner's signatures, to the Planning Commission staff for review.

6. 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. The required turnaround may be up to 100 feet diameter.

7. Should FEMA reclassify the floodplain along Hurricane Creek, development may occur in accordance with the provisions as outlined in the special policy 1 and 2, as described as follows:

Special policy 1: Should FEMA reclassify the floodplain along Hurricane Creek, development may occur in accordance with the provisions of sub-district 1.

Special policy 2: Should FEMA reclassify the floodplain along Hurricane Creek, development may occur in accordance with the provisions of sub district 3.

Sponsored by: Sam Coleman

View Sketch

LEGISLATIVE HISTORY
Introduced:	October 3, 2006
Passed First Reading:	October 3, 2006
Referred to:	Planning Commission - Approved 8-0 (October 12, 2006) Planning & Zoning Committee
Passed Second Reading:	November 9, 2006
Deferred Indefinitely:	November 21, 2006
Amended	December 5, 2006
Passed Third Reading:	December 5, 2006
Approved:	December 11, 2006
By:
Effective:	December 12, 2006