ORDINANCE NO. BL2008-195

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 amending the preliminary plan of Lakeshore Meadows Planned Unit Development located abutting the south margin of Coley Davis Road and the east margin of Dona McPherson Drive, classified CL and RM6 (18.39 acres) to permit a 94 bed, assisted-living facility containing 103,625 square feet in lieu of an approved 10,000 square foot commercial building, increasing the total approved square footage from 366,164 square feet to 457,789 square feet for the overall development, all of which is more particularly described herein (Proposal No. 93-86-P-06).

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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending the preliminary plan of Lakeshore Meadows Planned Unit Development located abutting the south margin of Coley Davis Road and the east margin of Dona McPherson Drive, classified CL and RM6, (18.39 acres) to permit a 94 bed, assisted-living facility containing 103,625 square feet in lieu of an approved 10,000 square foot commercial building, increasing the total approved square footage from 366,164 square feet to 457,789 square feet for the overall development, as being Property Parcel No. 014 as designated on Map 141-00 of 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 attached plan that was duly considered by the 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. 141 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 the issuance of building permits, a final plat must be recorded to dedicate Dona McPherson Drive east of Red Maple Drive as a public road.

2. Label zoning districts.

3. This approval does not include any signs. Signs in planned unit developments must be approved by the Metro Department of Codes Administration except in specific instances when the Metro Council directs the Metro Planning Commission to review such signs.

4. Prior to the issuance of any permits, confirmation of PUD final site plan approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services.

5. Prior to the issuance of any permits, confirmation of PUD final site plan approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services.

6. 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.

7. Authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until four additional copies of the approved plans have been submitted to the Metro Planning Commission.

8. The PUD final site plan as approved by the Planning Commission will be used by the Department of Codes Administration to determine compliance, both in the issuance of permits for construction and field inspection. Significant deviation from these plans may require reapproval by the Planning Commission and/or Metro Council.

Section 4. Be it further enacted, that a corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval 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 preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD 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 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: Bo Mitchell, Eric Crafton

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LEGISLATIVE HISTORY

Introduced: April 1, 2008
Passed First Reading: April 1, 2008
Referred to: Planning Commission - Approved 10-0
(February 28, 2008)
Planning & Zoning Committee
Passed Second Reading: May 6, 2008
Passed Third Reading: May 20, 2008
Approved: May 29, 2008
By:
Effective: June 2, 2008