ORDINANCE NO. BL2009-389

ORDINANCE NO. BL2009-389

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 AR2a and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, all of which is described herein (Proposal No. 2007SP-037U-12).

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 and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, as being Property Parcel Nos. 115, 219, 221, 220, 223 as designated on Map 162-00 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. 162 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 uses of this SP shall be limited to retail, office, and commercial in District One, residential in District Two, and open space in District Three.

Section 4. 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. The corrected copy of the preliminary SP shall include:

1. A note on the plan stating that commercial and/or retail tenants shall be a minimum of 40% of the built square footage in District 1.

Section 5. Be it further enacted, that, 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 6. Be it further enacted, that the following conditions shall be added as notes to the corrected copy of the SP plan required in Section 4 as specifically stated below, and shall be completed, bonded or satisfied as specifically required:

1. “Prior to final site plan approval:
a. A tree density table and plant species list for Districts One and Two to be approved by the Urban Forester shall be provided.
b. The first phase of this development shall establish an association to manage and maintain the landscape buffer yards and a management plan shall be prepared by the applicant and approved by the Urban Forester.
c. Any phase of the SP containing multi-family units shall include the number of proposed bedrooms per units in order to determine if sufficient parking is provided.
d. Any phase of development shall locate off-site run-off within an easement; no building encroachments into the easement shall be permitted.”

2. “Prior to the recording of the final plat:
a. The requirements of the Public Works Department shall be completed, bonded or satisfied as specifically required by Public Works.”

3. “Prior to the issuance of building permits:
a. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection shall be met prior to the issuance of any building permits.”

Section 7. 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 8. 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 MUL zoning district for District One, the standards, regulations and requirements of the RM15 zoning district for District Two, and the standards, regulations and requirements of the AR2a zoning district for District Three as of the date of the applicable request or application.

Section 9. 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.

LEGISLATIVE HISTORY
Introduced:	February 3, 2009
Passed First Reading:	February 3, 2009
Referred to:	Planning Commission - Approved 8-0-1 (December 11, 2008) Planning & Zoning Committee
Amended:	March 3, 2009
Passed Second Reading:	March 3, 2009
Passed Third Reading:	March 17, 2009
Approved:	March 19, 2009
By:
Effective:	March 23, 2009