SUBSTITUTE ORDINANCE NO. BL2008-159

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 making applicable the provisions of a Planned Unit Development property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 557 dwelling units (259 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 102 attached two-family units), zoned RS20 and proposed for RS10 and RM9 zoning, as being Property Parcel Nos. 091, 129, 146 as designated on Map 050-00 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. 050 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 completed, bonded or satisfied prior to the issuance of any permits, or specifically required in the condition:

1. Prior to third reading at Council, the applicant shall provide the Planning Department with a corrected copy of the preliminary PUD plan addressing the following:

• Provide accurate lot count for all residential units, correct lot table to include lots shown on the plan, and correct the total acreage of the PUD plan.
• Assign a lot number and include acreage in the lot table for the lot with the Jackson House.
• Remove lots 264, 265 and 266.
• Include former name of Preliminary PUD plan in parentheses on title page.
• Convert the alley along Lots 162, 163, and 310 to a public street with sidewalks.
• Provided identification of all proposed and existing sewer and utility lines on site plan.
• Label all fire hydrants on site plan.
• Provide screening details for dumpster receptacles.
• Provide development schedule for phases of construction.
• Provide Floor Area Ratio and Impervious Surface Ratio for development.
• Provide information on the number of bedrooms for the townhouse units but the code so that parking requirements can be determined. Parking for all unit types shall meet the requirements of the Metro Zoning Code.
2. Natural Conservation policy area shown as openspace on the plan shall be preserved as openspace.

3. Prior to approval of the final PUD site plan, the Planning staff shall approve revisions to address the unresolved design issues, including those with the cottage portion of the PUD and with the creation of strong streetscapes.

4. Minimum lot sizes for all single family and two-family dwellings shall be 5,000 square feet, contain a maximum building coverage of .50, and shall not exceed 3 stories in height. Minimum rear setbacks shall be 20 and side setbacks shall be a minimum of 5 feet.

5. Minimum lot sizes for all multifamily buildings shall be 15,000 square feet, exceeding no more than 9 dwelling units per acre. Minimum rear setbacks shall be 20 and side setbacks shall be a minimum of 10 feet. The maximum height at all setback lines shall be 20 feet.

6. Due to the potential impact of this development on the public school system, the applicant shall offer for dedication an 18 acre school site in compliance with the standards of Section 17.16.040 for middle schools with capacity of 800 students. This land dedication requirement is proportional to the development’s potential student generation. Such site shall be in accordance with the site condition and location criteria of the Metropolitan Board of Education and shall be within the Hunters Lane High School cluster. The Board of Education may decline such dedication if it finds that a site is not needed or desired. No final plat for development of any residential uses on the site shall be approved until a school site has been dedicated to the Metro Board of Education or the Board has acted to relieve the applicant of this requirement. Failure of the Board of Education to act prior to final plat consideration and approval by the Metropolitan Planning Commission in accordance with its schedule and requirements, however, shall constitute a waiver of this requirement by the Board of Education.

7. All Public Works conditions shall be met and bonded prior to final plat.

8. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

Section 4. Be it further enacted that, a final corrected copy of the PUD master development 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 PUD 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 PUD plan shall be presented to the Metro Council as a new preliminary PUD master development plan 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 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: Walter Hunt, Rip Ryman

View Sketch

Amendment No. 1
To
Substitute Ordinance No. BL2008-159

Madam President:

I move to amend Substitute Ordinance No. BL2008-159 by inserting a new Section 4 and renumbering prior Section 4 and prior Section 5 as Sections 5 and 6. The new Section 4 shall read as follows:

“Section 4. Due to concerns about blasting, the applicant agrees that there shall be no residential structures built north of the TVA easement line. The applicant further agrees that the applicant/developer will conduct a pre-blast survey for the tower which is currently owned by News Channel 5 on contiguous property. Applicant finally agrees that there will be no blasting on the development without prior contact to the Chief Engineer for Channel 5 (currently Gibson Prichard).”

Sponsored by: Walter Hunt

Amendment No. 2
To
Substitute Ordinance No. BL2008-159

Madam President:

I move to amend Substitute Ordinance No. BL2008-159 by amending Section 3 by deleting condition number 6 in its entirety.

Sponsored by: Walter Hunt

LEGISLATIVE HISTORY
Introduced:	February 19, 2008
Passed First Reading:	February 19, 2008
Referred to:	Planning Commission - Approved 7-0 (March 13, 2008) Planning & Zoning Committee
Substitute Introduced:	April 1, 2008
Passed Second Reading:	May 6, 2008
Deferred:	May 20, 2008
Amended: (No.1 and No. 2)	June 3, 2008
Passed Third Reading:	June 3, 2008
Approved:	June 5, 2008
By:
Effective:	June 9, 2008