SUBSTITUTE ORDINANCE NO. BL2008-137

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 property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of up to 250 multi-family residential units and up to 421,500 square feet of commercial uses, as being Property Parcel No. 041 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 a corrected copy of the preliminary 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 the enacting ordinance. If a 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 the enacting ordinance, then the 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 modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, 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 currently present or approved in the plan that is 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 CL and RM9 zoning district as of the date of the applicable request or application.

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: Sam Coleman

View Sketch

Amendment No. 1
To
Substitute Ordinance No. BL2007-137

Madam President:

I move to amend Substitute Ordinance No. BL2007-137 as follows:

Section 1. 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. At least 80% of the value of commercial site improvements, which may include internal driveways, on-site sidewalks and on-site utilities, must be constructed prior to any building permits being issued for residential construction, other than preliminary site grading. All off-site infrastructure improvements for the commercial portion of the development must be completed or bonded prior to the recordation of the first final plat.

2. The developer shall develop a plan for transit access and stops acceptable to the MTA and implement said plan during the construction of the site infrastructure.

3. All buildings shall be constructed in accordance with the bulk standards outlined in the preliminary SP plan.

4. Prior to or in conjunction with final site plan approval, elevations illustrating the commercial buildings and the residential units shall be reviewed and approved by the Planning Commission in accordance with the standards and intent as outlined in the preliminary SP plan. Residential buildings shall have a minimum three sides clad in brick and/or cement-fiber board. Front loaded garage buildings shall be designed so as to minimize the visual impact of the garage from the street.

5. Stormwater requirements must be met prior to or in conjunction with final site plan approval.

6. Public Works requirements must be met prior to or in conjunction with final site plan approval.

7. Commercial uses shall be limited to all uses permitted and permitted with conditions within the Commercial Limited (CL) district with the exception of the following prohibited uses: adult entertainment, title loans, flea markets, cash advance, check cashing, pawn shops and auction houses, transient housing, warehousing and storage.”

Section 2. By deleting the renumbered Section 6 (formerly Section 5) and replacing it with the following new Section 6:

“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 CL zoning for the commercial portions of the plan and RM9 zoning district for the residential portion of the plan as of the date of the applicable request or application.”

Sponsored by: Sam Coleman

LEGISLATIVE HISTORY
Introduced:	February 5, 2008
Passed First Reading:	February 5, 2008
Referred to:	Planning Commission - Approved 9-0 (June 12, 2008) Planning & Zoning Committee
Deferred to May 6, 2008, Public Hearing:	March 4, 2008
Deferred Indefinitely:	May 6, 2008
Called up:	June 3, 2008
Substitute Introduced:	June 3, 2008
Placed on July 1, 2008, Agenda (Public Hearing)	June 3, 2008
Passed Second Reading:	July 1, 2008
Amended:	July 15, 2008
Passed Third Reading:	July 15, 2008
Approved:	July 21, 2008
By:
Effective:	July 25, 2008