ORDINANCE NO. BL2007-1509

ORDINANCE NO. BL2007-1509

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 RS40 to SP zoning property located at 4000 Wayland Drive, at the northwest corner of Wayland Drive and Beacon Drive (1.25 acres), to permit the development of two detached single-family units, all of which is described herein (Proposal No. 2007SP-114U-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 changing from RS40 to SP zoning property located at 4000 Wayland Drive, at the northwest corner of Wayland Drive and Beacon Drive (1.25 acres), to permit the development of two detached single-family units, as being Property Parcel Nos. 001, 002, 003 as designated on Map 103-11-0-B 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. 103 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, 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 4. 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 5. 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 RS20 zoning district at the effective date of the application for any building permit.

Section 6. 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. BL2007-1509

Mr. President:

I move to amend Ordinance No. BL2007-1509 by adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:

“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. No drains shall be located so as to drain directly onto neighboring properties. Drains shall be directed toward the drainage areas on site between Lot 1 and Lot 2. French drains, or similar type drain, shall be installed around the wall to direct water flow to a centralized location on site.

2. New home on Lot 1 shall have a maximum height of 30 feet.

3. Lot No. 1 shall be designed to front on both Beacon Drive and Wayland Drive. Final SP plans shall include architectural elevations depicting the two fronts.

4. Stone and wood wall shall be built as depicted in Exhibit #1 on the plan, and shall be consistent with the existing wall on Lot No. 2. This wall will be constructed of brick to match the non-stucco brick on the front of the house on Lot 2; the columns of the fence at the rear of Lot 1 will be solid stone similar to Exhibit 1. All columns will be at least 8 feet (from the ground) at their lowest point with the peak to maintain the same elevation the entire length. The wood portion will be no more than six inches from the top of stone/brick on the column. The fence will extend from the northwest corner of Lot 2 to a point that is parallel with the southwest corner of the proposed house on Lot 1. The caps of the columns are to be similar to Exhibit 1 except they will match the dark gray color of the stone. The wood portion of the fence will match Exhibit 1 except that it will not be “scalloped” but straight across between columns. The exact location of the fence will be determined in the field and approved with the Final SP. It shall be located so that no existing mature trees will be removed during the installation. If necessary, the fence will be re-directed at 90 degree angles only.

LEGISLATIVE HISTORY
Introduced:	June 5, 2007
Passed First Reading:	June 5, 2007
Referred to:	Planning Commission - Approved 5-2 (June 28, 2007) Planning & Zoning Committee
Amended:	July 10, 2007
Passed Second Reading:	July 10, 2007
Amended:	July 17, 2007
Passed Third Reading:	July 17, 2007
Approved:	July 23, 2007
By:
Effective:	July 25, 2007