ORDINANCE NO. BL2006-1297

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 a portion of the property from AR2a to SP zoning located at 7848 McCrory Lane, adjacent to the CSX Railroad and south of Highway 70 (30 acres), to permit 180 townhomes, all of which is described here in (Proposal No. 2006SP-174G-06).

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 a portion of the property from AR2a to SP zoning located at 7848 McCrory Lane, adjacent to the CSX Railroad and south of Highway 70 (30 acres), to permit 180 townhomes, as being part of Property Parcel No. 064 as designated on Map 126-00 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. 126
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: Charlie Tygard

View Sketch

Amendment No. 1
To
Ordinance No. BL2006-1297

Mr. President:

I move to amend Ordinance No. BL2006-1297 by adding the following new Section 3 and Section 4, and renumbering the following sections of the Ordinance accordingly:

“Section 3. Be it further enacted that a secure fence must be installed and properly maintained along the boundary between the 30-acre tract which is being rezoned, and the quarry which is located on the adjacent piece of property, prior to the issuance of any final use and occupancy permit for the townhomes, and no dumping or fill of any off-site materials of any type shall be permitted in the quarry site. Any fill or dumping of on-site materials into the quarry site will be comprised only of inert material, as defined in the Metro Water Services Grading Permit. Any fill or dumping of fill material will only occur at specified times that will be coordinated through and supervised by Metro Water Services pursuant to a grading permit. All other conditions and procedures required by Metro Water Services will be complied with. Declarant shall utilize best efforts to prevent unauthorized access to the quarry.

Section 4. Be it further enacted that the following items shall be required in this development:
1. A minimum of 1,300 square feet of living space.
2. No carports shall be permitted.
3. The percentage of brick or masonry on the residences shall be 70% as a minimum.
4. There shall be uniform mailboxes throughout the development.
5. All signs for the development shall be monument signs.
6. Landscaping for the development shall meet or exceed the landscaping in the Boone Trace, Lexington Pointe and Riverwalk subdivisions.
7. There shall be a designated greenway and walkway on the 30 acres in an area to be selected by the Metropolitan Greenways Commission.
8. No owner may own more than one (1) unit in this development. It is the strong preference that the units be owner-occupied and not rented.”

Sponsored by: Charlie Tygard

LEGISLATIVE HISTORY

Introduced: December 5, 2006
Passed First Reading: December 5, 2006
Referred to: Planning Commission - Approved 7-0
(March 22, 2007)
Planning & Zoning Committee
Deferred to March 6, 2007: (Public Hearing) January 2, 2007
Deferred to May 1, 2007: (Public Hearing) March 5, 2007
Passed Second Reading: May 1, 2007
Deferred:
May 1, 2007
Deferred:
June 5, 2007
Amended: June 19, 2007
Passed Third Reading: June 19, 2007
Approved: June 20, 2007
By:
Effective: June 22, 2007