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 RS7.5 and RS15 to SP properties located at 1209, 1213 Tulip Grove Road, Tulip Grove Road (unnumbered), Valley Grove Drive (unnumbered), approx. 200 feet north of Rockwood Drive (71.69 acres), to permit 340 dwelling units consisting of 159 townhouses, 181 single-family lots, all of which is described herein (Proposal No. 2007SP-150G-14).

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 RS7.5 and RS15 to SP properties located at 1209, 1213 Tulip Grove Road, Tulip Grove Road (unnumbered), Valley Grove Drive (unnumbered), approx. 200 feet north of Rockwood Drive (71.69 acres), to permit 340 dwelling units consisting of 159 townhouses, 181 single-family lots, as being Property Parcel Nos. 113, 327, 348 as designated on Map 086 and Property Parcel Nos. 025, 195, as designated on Map 087 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 Nos. 086 and 87 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 RM6 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: Jim Gotto

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2007-35

Madam President:

I move to amend Ordinance No. BL2007-35 by adding the following new Section 3 and renumbering the remaining 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 as specifically required in the condition:

1. No lots or residential unit shall be located on slopes greater than 25%. If upon further analysis it is found that proposed lots will be located on slopes greater than 25%, then those lots shall be removed and shown as open space.

2. Single-family lots on slopes 20% or greater shall minimize grading and be in keeping with the hillside development standards stipulated in Section 17.28.030 of the Metro Zoning Code, and shall be identified as Critical Lots on the final SP site plan.

3. Front yard setbacks for Single-Family, front loaded housing types shall be changed to 15 Feet Minimum and 20 Feet Maximum. Front yard setbacks for Single-Family, rear loaded housing types shall be changed to 10 Ft. Minimum and 15 Foot Maximum.

4. The bulk standards for townhome development shall be revised to require a raised foundation that is a minimum of 18 inches above the entry sidewalk and a maximum of 3 feet above the entry sidewalk.

5. A pedestrian connection shall be provided within the western portion of the site between the northern and southern halves bisected by the stream. Further study into the feasibility of a trail system around this stream shall also be required prior to final site plan approval. If it is determined that a trail system would be feasible within this area then it shall be provided and shown on the final SP site plan.

6. No specific buffer yards are proposed but may be required with the final SP site plan. A detailed landscaping plan is required with the final SP site plan, and if upon review it is determined that additional landscaping/buffering is needed, then appropriate landscape buffer yards or equivalents to the standard buffer yards specified in Section 17.24.240 of the Metro Zoning Code shall be required.

7. While this request is within the General Services District and is not currently serviced by Metro garbage pickup, a solid waste collection and disposal plan must be approved by the Waste Management Division of Public Works. As proposed the SP calls for trash pick-up/collection that is not consistent with Metro Standard. Prior to final SP plan approval the trash collection plan must be approved by the Waste Management Division of Public Works. If the proposed trash pick-up/collection plan is not approved then the plan shall be revised to accommodate Metro trash pick-up/collection requirements, and could result in the reduction of the total number of units. Any changes that are not consistent with the concept of the original plan shall require approval from Metro Council.

8. Solid waste disposal notes shall be removed from the SP document.

9. All parking, utilities, meter boxes, back flow preventers, heating and cooling units and other mechanical systems shall be screened to a minimum height of 3 feet, or located away from public view.

10. Due to the potential impact of this development on the public school system, the applicant shall offer for dedication a school site in compliance with the standards of Section 17.16.040 for elementary schools with capacity of 500 students.

11. The stub street to the north shall only be constructed to where the bridge would begin. A bond shall be required with the bonding or construction of Myra Drive for the portion of the bridge on this property.

12. A roundabout for traffic calming shall be provided at the four way intersection of Myra Drive and the street that stubs to the north.

13. Plan proposes a connection to Hermitage Creek Subdivision. Construct roadway (Hermitage Creek Court) per ST-252. Resubmit construction plans for the Department of Public Works review and approval. Coordinate street name with the Department of Public Works mapping section.

14. Proposed solid waste collection and disposal plan to be reviewed and coordinated with the Department of Public Works Solid Waste Section.

15. Show and dimension right of way along Tulip Grove Road. Label and dedicate right of way 30 feet from centerline to property boundary. Label and show reserve strip for future right of way 42 feet from centerline to property boundary, consistent with the approved major street plan (U4 - 84' ROW).

16. Construct a southbound left turn lane on Tulip Grove Rd at the site access #1 with 75 ft of storage and transitions per AASHTO/MUTCD standards.

17. Construct a southbound left turn lane on Tulip Grove Rd at the site access #2 with 75 ft of storage and transitions per AASHTO/MUTCD standards.

18. Construct the site access #1 at Tulip Grove Rd with one entering and two exiting lanes (LT and RT) each with 75 ft of storage and transitions per AASHTO/MUTCD standards.

19. Construct the site access #2 at Tulip Grove Rd with one entering and two exiting lanes (LT and RT) each with 75 ft of storage and transitions per AASHTO/MUTCD standards.

20. Construct a northbound left turn lane on New Hope Rd at Myra Drive with 75 ft of storage and transitions per AASHTO/MUTCD standards.

21. Right of way for the roadway connection from the project to Woodway Lane to the east shall be dedicated with the first final plat for lots in that phase of the project, but the roadway shall not be required to be constructed or bonded with the final plat.

22. This SP district is limited to residential uses as described in the SP document. No other uses shall be permitted.

23. A paved pedestrian connection shall be constructed by the developer from the closest sidewalk in the Evans Hill Development to the cul-de-sac on Elijah Court.

24. The minimum finished square footage of the living area of town Homes shall be 1,000 square feet.

25. The minimum finished square footage of the living area of single family homes shall be 1,600 square feet.

26. The first story exterior of all buildings shall be brick or stone. Brick on detached garages shall match the brick on the associated unit.

27. Vinyl siding is permitted only on soffits and second story dormers.

28. In no case shall non-brick or non-stone material exceed 20% of the exterior of any unit.

29. The exterior of all end units of town homes shall be 100% brick or stone except for soffits.

30. An 8 foot privacy fence shall be constructed along the Evans Hill property line at the rear or side of lots on Elijah Ct., Allen Ct., Dewey Ct., Myra Dr, Valley Grove Dr., Woodway Ln., Brooke Valley Dr., and Forest Ridge Dr. .

31. Homeowner association fees shall be adjusted annually for the rate of inflation based upon the Consumer Price Index for All Urban Consumers (CPI-U).

32. No fences will be allowed from the front façade of any structure to the street.

33. Sideyard and rearyard fences shall be constructed of masonry, vinyl, wood, or ornamental iron.

Sponsored by: Jim Gotto

LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission - Approved 10-0 (October 25, 2007) Planning & Zoning Committee
Passed Second Reading:	November 6, 2007
Deferred:	November 20, 2007
Amended:	December 4, 2007
Passed Third Reading:	December 4, 2007
Approved:	December 10, 2007
By:
Effective:	December 12, 2007