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 properties located at 3781, 3791, 3799, and 3803 Pin Hook Road and Pin Hook Road (unnumbered), approximately 2,430 feet west of LaVergne Couchville Pike (19.29 acres), to permit 42 multi-family units and 57 single-family lots, as being Property Parcel Nos. 106, 107, 108, 109, and 212 as designated on Map 164-00 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. 164 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 included as a requirement for the issuance of any permits, including building permits and any use and occupancy permit.

1. Prior to third reading at Metro Council, obtain letter from Tennessee Department of Environment and Conservation or a botanical inventory from a qualified biologist stating if endangered species exist on this site. Presence of endangered species may require modification to the plan. Failure to obtain letter/inventory or failure to re-refer a revised plan to the Planning Commission shall result in a recommendation of disapproval by the Planning Commission.

2. Developer shall construct Post Oak Drive to connect to the existing Post Oak Drive.

3. Final SP site plan shall comply with all Public Works, Stormwater, Fire Marshal, and NES conditions.

4. Within 120 days, submit revised plans that include the following corrections:

a. Alley entrances shall be screened with five evergreen shrubs or equivalent landscaping approved by the Urban Forester, maintained at a height of 3 to 31/2 feet. Parking between Lots 95 and 96 and the area west of Lot 78 shall be screened with evergreen shrubs at 3' separation or equivalent landscaping approved by the Urban Forester.

b. Update all pages to depict the current Metro GIS images.

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 RM15 for the Multi-Family and RS3.75 for the Single-Family 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: Sam Coleman

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LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Substitute Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission - Approved 7-0 (September 27, 2007) Planning & Zoning Committee
Passed Second Reading:	November 6, 2007
Passed Third Reading:	November 20, 2007
Approved:	November 27, 2007
By:
Effective:	November 29, 2007