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 to SP zoning property located at 1160 Barnes Road, approximately 1,380 feet east of Barnes Cove Drive (19.33 acres), to permit the development of 77 single-family homes, all of which is described herein (Proposal No. 2005SP-139G-12).

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 to SP zoning property located at 1160 Barnes Road, approximately 1,380 feet east of Barnes Cove Drive (19.33 acres), to permit the development of 77 single-family homes, as being Property Parcel No. 005 as designated on Map 173-00 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. 173
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 completed, bonded or satisfied prior to the issuance of any permits, or specifically required in the condition.

1. The final plat shall note that the property was previously used as a fill site. Geotechnical studies will be required prior to issuance of building permits to determine that the property was
properly compacted and the land will support the proposed construction.
2. Off-site traffic improvements include the widening of Barnes Road to 2- 12 foot travel lanes with 4 foot shoulders on each side, a left turn lane at the entrance, and a full width paving of Barnes Road along the entire length of the property frontage. These improvements will meet the subdivision regulation requirements for the roadway improvements and the required Infrastructure Deficiency Area (IDA) requirements. The improvements are to be included and approved as a part of the final construction plans.

Section 4. Be it further enacted that, a final corrected copy of the SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of this ordinance. If a final corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 5. Be it further enacted, that minor adjustments to the site plan may be approved by the planning commission or its designee based upon final architectural, engineering or site design and actual site conditions. All adjustments shall be consistent with the principles and further the objectives of the approved plan. Adjustments shall not be permitted, except through an ordinance approved by Metro Council, that increase the permitted density or intensity, add uses not otherwise permitted, eliminate specific conditions or requirements contained in the plan as adopted through this enacting ordinance, or add vehicular access points not present in the plan that is a part of this ordinance.

Section 6. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the RS10 zoning district at the effective date of the application for any building permit.

Section 7. 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: Parker Toler

View Sketch

Amendment No. 1
To
Ordinance No. BL2007-1352

Mr. President:

I move to amend Ordinance No. BL2007-1352 by amending Section 3 by adding the following new conditions at the end thereof:
“3. For properties located on the south side of Barnes Road that are affected by the road improvement described in condition number 2 above, the developer shall relocate the fence, gates, columns, and shrubbery.
a. For property located at 1155 Barnes Road, the developer shall replace or relocate the driveway gate, fence, columns, shrubbery, and trees should the road widening damage these items along Barnes Road.
b. For property located at 1141 Barnes Road, the developer shall replace or relocate the fence, columns, and shrubbery, and shall make every effort to restore said items to their original condition.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY
Introduced:	February 6, 2007
Passed First Reading:	February 6, 2007
Referred to:	Planning Commission - Approved 10-0 (January 25, 2007) Planning & Zoning Committee
Public Hearing Concluded:	March 6, 2007
Deferred to April 3, 2007:	March 6, 2007
Deferred:	April 3, 2007
Passed Second Reading:	April 17, 2007
Deferred:	May 15, 2007
Amended:	June 5, 2007
Passed Third Reading:	June 5, 2007
Approved:	June 5, 2007
By:
Effective:	June 11, 2007