ORDINANCE NO. BL2010-628

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 Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein, (Proposal No. 2007SP-057-001).

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 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 Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, as being Property Parcel No. 032 as designated on Map 172-00 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. 172 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 prior to recording of the final plat for any portion of the SP, the IDA requirements must be completed or bonded.

Section 4. Be it further enacted, that a final corrected copy of the amended 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 provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. The corrected copy of the preliminary SP shall include:

1. Note 26 on the SP plan shall be revised to limit the maximum number of garages that may be front facing to 15.

2. The following notes shall be added to the corrected copy of the preliminary SP plan:
a. Where a garage door opening faces a street, the combined garage door opening shall not exceed 20 feet in width. Door panels shall be modest in scale and architecturally integrated with each dwelling unit.
b. For each lot where a garage door opening faces a street, the front setback of the garage face shall be at least 10 feet deeper than the front setback of dwelling space.
c. The driveway width for each lot shall be 15 feet at the front property line. A driveway may widen beyond the front setback for each dwelling or within 20 feet of the garage face. In no case shall a driveway have a width of greater than 22 feet between the front property line and the front setback of the dwelling.
d. Building frontages shall clearly identify the primary pedestrian entrance toward the street, which shall be separate from vehicular entrances. Pedestrian entryways shall be 100 percent visible, oriented to and accessible from street/pedestrian plaza/parks.
e. All building elevations for the single-family dwelling units proposed for lots 1, 10, 11 and 31, including specific architectural features (such as a door, side or front porch, and or dormers) that address Mt. Pisgah Road shall be approved by Planning Staff.
f. Prior to the issuance of any permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Traffic Engineering Sections of the Metropolitan Department of Public Works for all improvements within public rights of way.
g. Prior to the issuance of any permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services.
h. Canopy street trees shall be installed with a tap root system to prevent future damage to the sidewalk system.

Section 5. Be it further enacted, that, if a final 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 final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP 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 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: Parker Toler

View Sketch

Amendment No. 1
To
Ordinance No. BL2010-628

Madam President:

I move to amend Ordinance No. BL2010-628 by renumbering Section 7 as Section 8, and by adding the following new Section 7:

Section 7: Be it further enacted, that following conditions be completed or satisfied as specifically required:
1. All homes shall be a combination of brick, Hardie siding, or pre-cast stone. The exterior façade of the homes located on lots 1, 2, 9, 10, 11, 12, 13, 14, 15, 30, and 31 shall be a minimum of 80% brick. Exterior fascia and gutters may be aluminum. Soffits and windows may be vinyl or aluminum.
2. Lots 11 through 15 shall be limited to one (1) story or one and a half (1 ½ ) story homes. The rear setback for these lots shall be a minimum of fifteen (15) feet.
3. To the extent practicable, the existing vegetation along the project boundary adjacent to the Christiansted Valley and Mark Drive lots shall be preserved. Staggered trees shall be planted along the property line between Christiansted Valley and Mark Drive. These trees shall be a combination of 12-foot tall pine, Leyland Cypress, and magnolia.
4. The developer shall contract with Nashville Electric Service to install street lights on existing power poles in front of Parkside.
5. All street lights and signage within the development shall be of a decorative type. The street lights to be utilized shall be Hadco Acorn with a twelve-foot post, or the equivalent.
6. The developer shall construct a sidewalk along the frontage of Parkside.
7. All utilities shall be underground.
8. The developer shall construct a roadway section per ST-252 from the centerline to the property boundary along Mt. Pisgah Road property frontage.
9. All homes shall range in size from 1,800 to 3,000 square feet of heated and cooled space. The homes that are a minimum of 1,800 square feet shall be limited to the one (1) story and one and a half (1 ½ ) story homes. All two (2) story homes shall be a minimum of 2,000 square feet.
10. The developer shall provide detention and water quality improvements to comply with the Metro Stormwater Regulations.
11. Prior to blasting, a pre-blast survey shall be conducted on homes within the required radius of this project.
12. No flood lights shall be installed on the rear of the homes in Parkside.
13. All roofs are to be architectural or dimensional shingles, except that porches may have standing seam, metal roofs.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY

Introduced: February 2, 2010
Passed First Reading: February 2, 2010
Referred to: Planning Commission - Approved 10-0
(January 14, 2010)
Planning & Zoning Committee
Passed Second Reading: March 2, 2010
Deferred: March 16, 2010
Deferred: April 6, 2010
Amended: April 20, 2010
Passed Third Reading: April 20, 2010
Approved: April 22, 2010
By:
Effective: April 26, 2010