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 to permit 96 dwelling units consisting of 22 courtyard townhouses, 74 rowhouses, and a maximum of 125,450 square feet of commercial at 6640 Nolensville Pike, approximately 610 feet north of Concord Hills Drive, with a portion of the property located within a Planned Unit Development District (12.0 acres), all of which is described herein (Proposal No. 2007SP-040G-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 to permit 96 dwelling units consisting of 22 courtyard townhouses, 74 rowhouses, and a maximum of 125,450 square feet of commercial at 6640 Nolensville Pike, approximately 610 feet north of Concord Hills Drive, with a portion of the property located within a Planned Unit Development District (12.0 acres), as being Property Parcel No. 046 as designated on Map 181-00 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. 181 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.

Prior to recording of the final plat, the Infrastructure Deficiency Area requirements must be completed or bonded.

There shall be no direct access onto Nolensville Road from commercial outparcels.

In accordance with the recommendations of the traffic impact study, the following improvements will be required:

1. Construct the project access at Nolensville Road with one entering and two exiting lanes (LT and RT) with a minimum of 75 ft of storage and transitions per AASHTO/MUTCD standards.

2. Construct a southbound left turn lane on Nolensville Rd at site access with a minimum of 100 ft of storage and transitions per AASHTO/MUTCD standards.

3. Construct a northbound right turn lane on Nolensville Rd at the site access with a minimum of 100 ft of storage and transitions per  AASHTO/MUTCD standards.

4. Developer shall conduct a signal warrant analysis for the intersection of Nolensville Rd and the project access at the following intervals:  at the final phase of the residential portion of the development and at the development of the commercial parcels, or as directed by the Metro Traffic Engineer. The warrant analysis and traffic counts shall be submitted to the Metro Traffic Engineer for review and approval. The developer shall design and install a traffic signal when approved by the Traffic and Parking Commission.

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 MUL for the commercial district and RM9 for the residential district 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. BL2007-1409

Mr. President:

I move to amend Ordinance No. BL2007-1409 by renumbering Section 7 as Section 8, and by adding the following new Section 7:

“Section 7. Be it further enacted, that the following uses shall not be permitted on any property that is part of this SP district:
1. An operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation.
2. Any ‘second hand’ store, ‘surplus’ store, or pawn shop.
3. Any mobile home park, trailer court, labor camp, junkyard, or stockyard; provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction, reconstruction or maintenance.
4. Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building.
5. Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation.
6. Any central laundry, dry cleaning plant or laundromat; provided, however, this prohibition shall not be applicable to nominal supportive facilities for on-site service oriented to pickup and delivery by the ultimate consumer as the same may be found in retail shopping centers in the metropolitan area where the shopping center is located.
7. Any automobile, truck, trailer or recreational vehicle sales, leasing, display or body shop repair operation.
8. Any bowling alley or skating rink.
9. Any movie theater or live performance theater.
10. Any hotel or motel.
11. Any veterinary hospital or animal raising or boarding facility; provided, however, this prohibition shall not be applicable to pet supply stores operating in area not to exceed two thousand (2,000) square feet. Notwithstanding the forgoing, any veterinary or boarding services provided in connection with the operation of a pet shop or pet supply store shall only be incidental to such operation. The boarding of pets as a separate customer service shall be prohibited. All kennels, runs and pens shall be located inside the building, and the combined incidental veterinary and boarding facilities shall occupy no more than fifteen percent (15%) of the floor area of the pet shop or pet supply store.
12. Any mortuary or funeral home.
13. Any massage parlors or similar establishments.
14. Any flea market, amusement or video arcade, pool or billiard hall, car wash or dance hall.
15. Any training or educational facility, including but not limited to: beauty schools, barber colleges, reading rooms, places of instruction or other operations catering primarily to students or trainees rather than to customers; provided, however, this prohibition shall not be applicable to on-site employee training by an occupant incidental to the conduct of its business at the shopping center nor to any training or instruction by an occupant incidental to the conduct of its business at the shopping center.
16. Any gambling facility or operation, including but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot machines, video poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the forgoing, this prohibition shall not be applicable to government sponsored gambling activities or charitable gambling activities, so long as such activities are incidental to the business operation being conducted by the occupant.
17. Any store whose sole or primary business is the cashing of checks for the public.”

Sponsored by: Parker Toler

LEGISLATIVE HISTORY
Introduced:	April 3, 2007
Passed First Reading:	April 3, 2007
Referred to:	Planning Commission - Approved 7-0 (March 22, 2007) Planning & Zoning Committee
Amended:	May 1, 2007
Passed Second Reading:	May 1, 2007
Passed Third Reading:	May 15, 2007
Approved:	May 17, 2007
By:
Effective:	May 19, 2007