ORDINANCE NO. BL2007-109

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12).

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20 districts, as being Property Parcel Nos. 117, 118, 119, 120, 122, 222, and 250 as designated on Map 162-00 of 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 attached sketch made a part of this ordinance as though copied herein, by adding the following conditions:

1. Prior to approval of the final plat or final PUD site plan, the property owner shall offer for dedication a school site in compliance with the standards of Section 17.16.040 for elementary schools with a capacity of 500 students. This land dedication requirement is proportional to the development’s student generation potential. Such site shall be in accordance with the locational criteria of the Metropolitan Board of Education and shall be within the Antioch High School cluster. The Board of Education may decline such dedication if it finds that a site is not needed or desired.

2. Prior to recording of the final plat or approval of the first PUD final site plan, the Infrastructure Deficiency Area requirements must be completed or bonded for 557 linear feet of roadway. The section of roadway to be improved will be determined by the Metro Public Works Department.

Section 2. That this Ordinance shall take effect five (5) days from and 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

View Sketch

Amendment No. 1
To
Ordinance No. BL2007-109

Madam President:

I move to amend Ordinance No. BL2007-109 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

Section 1. That title 17 of the Code of the Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending the Planned Unit Development district approved by Ordinance No. 095-41 and subsequently revised by the Metropolitan Planning Commission by Resolution No. BL 2007-364 for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres) zoned RS7.5, R15, and RS20 districts, as being Property Parcel Nos. 117, 118, 119, 120, 122, 222, and 250 as designated on Map 162-00 of Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County (each, a “Property Parcel”), all of which is described by lines, words and figures on the attached sketch made a part of this ordinance as though copied herein, by adding the following conditions:

1. Prior to issuance of any building permit(s) for development of the property in accordance with the first final PUD site plan, the property owner/developer for the first final PUD site plan shall either (a) offer for dedication a school site in compliance with the standards of Section 17.16.040 for elementary schools with a capacity of 500 students; or (b) make a cash contribution to the Metropolitan Board of Education equal to the product of $814 per student multiplied by the number of the projected student generation potential of such owner’s/developer’s Property Parcel(s) being developed in accordance with the first final PUD Site plan. The projected student generation potential for the portion of the property being developed pursuant to the first final PUD site plan shall be determined by the Metropolitan Planning Department and the Metropolitan Board of Public Education.

2. In the event that option (b) is elected, each other owner of Property Parcels shall subsequently contribute their proportional sums, as determined by the Metropolitan Planning Department and the Metropolitan Board of Public Education, prior to the issuance of any building permit(s) for their respective Property Parcel(s) within the PUD. Any offer of dedication of a school site under (a) above shall be in accordance with the locational criteria of the Metropolitan Board of Education and shall be within the Antioch High School School cluster. The Board of Education may decline such dedication under (a) above if it finds that a site is not needed or desired.

3. In addition to the above requirements, prior to the issuance of any building permit(s) for any Property Parcel within the Infrastructure Deficiency Area containing a deficiency relating to transportation, such transportation deficiency for such Property Parcel must be completed or bonded for 557 linear feet of roadway, or such other lesser project that the Metropolitan Public Works Department determines is satisfactory. The section of roadway to be improved will be determined by the Metropolitan Public Works Department.

Sponsored by: Sam Coleman

Amendment No. 2
To
Ordinance No. BL2007-109

Madam President:

I move to amend Ordinance No. BL2007-109, as amended, as follows:

I. By repealing amendment No. 1 in its entirety.

II. By deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

Section 1. That title 17 of the Code of the Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending the Planned Unit Development district approved by Ordinance No. 095-41 and subsequently revised by the Metropolitan Planning Commission by Resolution No. BL 2007-364 for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres) zoned RS7.5, R15, and RS20 districts, as being Property Parcel Nos. 117, 118, 119, 120, 122, 222, and 250 as designated on Map 162-00 of Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County (each, a “Property Parcel”), all of which is described by lines, words and figures on the attached sketch made a part of this ordinance as though copied herein, by adding the following provisions:

1. In an effort to show support for the development goals of the community, Bell Road Vacant Land, LLC desires to make a voluntary contribution of either (a) the dedication of a school site in compliance with the standards of Section 17.16.040 for elementary schools with a capacity of 500 students; or (b) a cash contribution to the Metropolitan Board of Education in the amount of $77,300. Bell Road Vacant Land, LLC desires to make such voluntary contribution prior to commencing construction on the development of the property in accordance with the first final PUD site plan, provided that this contribution shall not be deemed a condition to the issuance of any building permit(s). The Metropolitan Government Director of Finance is hereby authorized to accept such voluntary monetary contribution to be placed in an appropriate account for the benefit of the Metropolitan Board of Public Education.

2. Any offer of dedication of a school site under 1(a) above shall be in accordance with the locational criteria of the Metropolitan Board of Education and shall be within the Cane Ridge High School cluster. The Board of Education may decline such dedication under 1(a) above if it finds that a site is not needed or desired.

3. In addition to the above provisions, prior to the issuance of any building permit(s) for any Property Parcel within the Infrastructure Deficiency Area containing a deficiency relating to transportation, such transportation deficiency for such Property Parcel must be completed or bonded for 557 linear feet of roadway, or such other lesser project that the Metropolitan Public Works Department determines is satisfactory. The section of roadway to be improved will be determined by the Metropolitan Public Works Department.

Sponsored by: Sam Coleman

LEGISLATIVE HISTORY

Introduced: December 18, 2007
Passed First Reading: December 18, 2007
Referred to: Planning Commission - Approved 7-0
(November 8, 2007)
Planning & Zoning Committee
Deferred Indefinitely: March 4, 2008
Deferred to July 1, 2008
(Public Hearing):

May 6, 2008
Deferred to September 2, 2008
(Public Hearing):

July 1, 2008
Passed Second Reading: September 2, 2008
Amendment No. 1: September 16, 2008
Deferred to November 18, 2008: September 16, 2008
Amendment No. 2: November 18, 2008
Passed Third Reading: November 18, 2008
Approved: November 24, 2008
By:
Effective: November 26, 2008