SUBSTITUTE ORDINANCE NO. BL2008-149

WHEREAS, the Ransom School building, currently known as Randall Learning Center, is located at 3501 Byron Avenue contains 1.99 acres of land and a vacant 27,000 square foot structure built in four phases;

WHEREAS, Ransom School was constructed in 1918 as part of the Davidson County Schools and became a city school in 1929. Later, the original building was added on to in 1925, 1932, 1951 and 1955;

WHEREAS, Ransom School was named for John B. Ransom, a prominent Nashville businessman and a cousin of Medicus Ransom, who served as the school’s first principal.

WHEREAS, Ransom School served grades K-4 until it closed in 1974; in recent years, the building was renamed to Randall Learning Center and used for professional development of Metro schoolteachers.

WHEREAS, the Metropolitan Historical Commission in 2002 determined the school was eligible for the National Register of Historic Places; a registry of cultural resources worthy of preservation maintained by the National Park Service;

WHEREAS, the property is identified as a historical resource in the Green Hills-Midtown Community Plan which was adopted by the Metro Planning Commission on July 28, 2005;

WHEREAS, the property is located in the Elmington Place Neighborhood Conservation Overlay district which governs modifications to the existing structure and additions to the property;

WHEREAS, the property is located in the I-440 Impact Overlay District (Impact Area 1) which serves to support the existing neighborhood by limiting development to the maximum development density supported by the long-term land use plan;

WHEREAS, the property is located in the Green Hills-Midtown Community Plan which guides the community’s future vision by setting forth policies for established neighborhoods that balance preservation and new investment;

WHEREAS, the proposed specific plan (SP) zoning, and the required SP final site plan, will enable the property to be redeveloped consistent with the Elmington Place Neighborhood Conservation Overlay district, the I-440 Impact Overlay District, and the Green Hills-Midtown Community Plan; and,

WHEREAS, through the final SP site plan review and approval process, the unique characteristics of the Ransom School property can be sensitively addressed through the location, integration, and arrangement of buildings, structures, utilities, access, and parking to yield a development that reflects the structure’s history of modification and reuse.

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 to SP district property located at 3501 Byron Avenue and abutting Ransom Avenue and Richardson Avenue, and within the Elmington Place Neighborhood Conservation Overlay and I-440 Impact Overlay, to permit the conversion of the former Ransom Elementary School building and site into a residential development not to exceed 11 dwelling units total (1.99 acres), as being Property Parcel No. 047 as designated on Map 104-10 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 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 only uses permitted on the property shall be as follows:
a. A maximum of 11 residential dwelling units shall be permitted;
b. Multifamily units may be included only within the existing school structure;
c. Any construction of new buildings on the property shall comply with the standards, regulations and requirements of the RS7.5 zoning district as of the date of the applicable request. Said construction of new buildings must also comply with the requirements of the Elmington Place Neighborhood Conservation Overlay district and the Metro Nashville Subdivision Regulations; and
d. Notwithstanding the provisions above, all other uses shown in the District Land Use Table of the Metro Zoning Code (17.08.030) for the RS7.5 zone district are also allowed as a permitted use, permitted with conditions, accessory use, special exception, or permitted with overlay, as designated in that table.

Section 3. Be it further enacted, that the final site plan may show modifications to the existing school structure, consistent with the Elmington Place Neighborhood Conservation Overlay district guidelines;

Section 4. Be it further enacted, that the final site plan shall include all existing and proposed building elevations, and such elevations shall comply with the Elmington Place Neighborhood Conservation Overlay district guidelines;

Section 5. Be it further enacted, that the final site plan must include the following elements:
a. The existing parking lot on Byron Avenue must be removed and replanted as part of the front yard for the existing school building or for any single family homes constructed as permitted under this SP;
b. A sidewalk that meets current Metro standards for construction must be constructed or repaired on all street frontages.
c. A landscaping buffer shall be added within the existing Nashville Electric Service (NES) easement along the I-440 sound wall. The landscaping shall, at a minimum, meet the requirements for a Standard C landscape buffer yard as provided in figure 17.24.240C of the Metro Zoning Code. As part of approval of the final site plan, the landscaping must be approved by NES and the property owner shall execute a restrictive covenant agreeing to full replacement of plant materials that may be removed by NES in the exercise of its rights within the easement, as required by 17.24.210 D. of the Metro Code.
d. A homeowners association (HOA) shall be created to maintain all common areas on the property. Prior to Planning Commission approval of the final site plan, proof must be provided that the charter for a homeowners association has been filed with the relevant government agencies.
e. If required by the Historic Commission, the final site plan may require restoration and/or replacement of the any adornments determined to have been part of the original school buildings.

Section 6. Be it further enacted, that the final site plan shall be submitted in a form consistent with Section 17.40.106 of the Metro Zoning Code.

Section 7. Be it further enacted, that prior to the submittal of a final site plan, any applicant seeking to develop the property pursuant to this SP shall, in conjunction with the Metro Planning Department and the Metro Historic Commission, convene a neighborhood meeting to review and discuss the proposed site plan. Such meeting will be advertised at the applicant’s expense as determined by the Executive Director of the Metro Planning Department. In no case, however, shall such meeting be held less than four weeks prior to the anticipated application submittal date.

Section 8. Be it further enacted, that the Metro Historic Zoning Commission shall have the authority to approve demolition of any portion of the existing building deemed non-historic or in such poor condition consistent with the guidelines of the Historic Commission, the Elmington Place Neighborhood Conservation design guidelines, the attached plan, and the final site plan;

Section 9. Be it further enacted, that the Metro Historic Zoning Commission shall advise the Metro Planning Department, prior to the scheduled Metro Planning Commission meeting, as to the proposed final site plan’s consistency with the Elmington Place Neighborhood Conservation Overlay district guidelines;

Section 10. Be it further enacted, that the final site plan shall include details of site access and parking requirements, including access for service vehicles;

Section 11. Be it further enacted, that final site plan shall be required to have water quality measures and may be required to provide detention facilities;

Section 12. Be it further enacted, no new construction shall be permitted within the NES easement;

Section 13. 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. Major 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 14. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the adopted 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 RS7.5 zoning district in effect as of the date of the applicable request or application.

Section 15. 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: Sean McGuire

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LEGISLATIVE HISTORY
Introduced:	February 5, 2008
Passed First Reading:	February 5, 2008
Referred to:	Planning Commission - Approved 10-0 (February 28, 2008) Planning & Zoning Committee
Substitute Introduced:	March 4, 2008
Passed Second Reading:	March 4, 2008
Passed Third Reading:	March 18, 2008
Approved:	March 20, 2008
By:
Effective:	March 24, 2008