ORDINANCE NO. BL2009-473

ORDINANCE NO. BL2009-473

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 R40 to SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, all of which is described herein (Proposal No. 2009SP-008-001).

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 R40 to SP zoning for properties located at 1103, 1105, and 1111 Battery Lane, approximately 1,500 feet east of Granny White Pike (7.4 acres), to permit up to 13 single-family lots, as being Property Parcel Nos. 103, 104, 105 as designated on Map 131-12 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. 131 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 single family residences.

Section 5. Be it further enacted, that, if a corrected copy of the SP plan incorporating the conditions of approval as required in Section 4 of this ordinance 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 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 7. 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 RS15 zoning district as of the date of the applicable request or application.

Section 8. 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: Carter Todd

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Amendment No. 1
To
Ordinance No. BL2009-473

Madam President:

I move to amend Ordinance No. BL2009-473 by deleting Section 4 in its entirety and substituting with the following new Section 4:

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 the follow notes:
1. The primary entrances of the residences on Lots 1, 2, and 13 shall be oriented towards Battery Lane.
2. Lots 1, 2 and 3 shall be accessed from a private alley and Lots 12 and 13 shall be accessed from a shared drive across from the alley.
3. A 30-foot buffer zone of evergreen trees and shrubs will border the south, east, and west sides of the property. The buffer zone shall be a Standard “C” density and will be installed at the beginning of site development.
4. The homes in the development will have a maximum square footage of 5,000 square feet per dwelling and a minimum square footage of 2,250 square feet per dwelling.
5. All building envelopes must be two feet higher than the highest point of the flood plain as determined by FEMA maps.
6. There will be no pedestrian or vehicular access or connection between the property’s cul-de-sac and Kirkman Lane.
7. The access point for the development onto Battery Lane shall be designed with a radial approach, subject to final approval by the Metro Public Works Department.
8. The homeowners association for the development will adopt a set of Restrictive Covenants reasonably similar to restrictive covenants adopted by comparable developments.
9. An informal 5-person Review Committee shall be established consisting of one volunteer homeowner from Paddock Park, Robin Springs and Stonewall Drive in Oak Hill, in addition to the developer of Battery Park (to eventually be replaced by one volunteer homeowner from Battery Park) and the current Councilperson for this District. The Review Committee shall be chaired by the Councilperson, and will be convened from time to time when there is a question concerning the interpretation of the SP, this Ordinance or the Restrictive Covenants. The purpose of the Review Committee will be to provide non-binding advice to the developer and/or builders in the development, and all parties will make good faith efforts to resolve disputes at the Review Committee level.
10. For any standards not shown on the plan, the standards of the RS15 zoning district shall apply.

LEGISLATIVE HISTORY
Introduced:	June 2, 2009
Passed First Reading:	June 2, 2009
Referred to:	Planning Commission - Approved 7-0 (May 14, 2009) Planning & Zoning Committee
Passed Second Reading:	July 7, 2009
Deferred to August 4, 2009 Council Meeting:	July 7, 2009
Deferred:	August 6, 2009
Amended:	August 18, 2009
Passed Third Reading:	August 18, 2009
Approved:	August 24, 2009
By:
Effective:	August 27, 2009