LEGISLATIVE HISTORY
(May 13, 2010)
Planning & Zoning Committee
ORDINANCE NO. BL2010-706
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 R10 to SP zoning properties located at 4243 and 4301 Hermitage Road, approximately 2,100 feet north of Lebanon Pike (8.32 acres), to permit an assisted living facility, an independent living facility and/or multifamily uses with a maximum floor area ratio (FAR) of 0.65 (or 235,579.5 square feet), all of which is described herein (Proposal No. 2010SP-007-001).
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 R10 to SP zoning properties located at 4243 and 4301 Hermitage Road, approximately 2,100 feet north of Lebanon Pike (8.32 acres), to permit an assisted living facility, an independent living facility and/or multifamily uses with a maximum floor area ratio (FAR) of 0.65 (or 235,579.5 square feet), as being Property Parcel No. 024 as designated on Map 075-00 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. 075 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 multi-family residential, assisted living facility, and independent living facility.
Section 4. Be it further enacted, that the following conditions be completed, bonded or satisfied as specifically required:
1. The corrected copy of the preliminary plan shall identify undisturbed buffers or written confirmation that the low-lying area is a non-jurisdictional, or a variance to allow disturbance in the buffer has been granted.
2. Prior to the issuance of a grading permit, a detailed drainage study shall be completed along with a grading and drainage plan. The grading and drainage plan shall provide a method for additional filtration of surface water into the ground and an overflow relief from the naturally occurring low area in the event an extraordinary and significant rainfall occurs. This overflow will provide relief for existing homes that abut the site where no such relief occurs at present.
3. All required approvals needed to satisfy Condition #2 and any other stormwater management related requirements shall be in place prior to final site plan approval.
Section 5. 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 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. 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 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 RM20 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: Darren Jernigan
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | June 1, 2010 |
| Passed First Reading: | June 1, 2010 |
| Referred to: | Planning
Commission - Approved 8-0 (May 13, 2010) Planning & Zoning Committee |
| Passed Second Reading: | July 6, 2010 |
| Passed Third Reading: | July 20, 2010 |
| Approved: | July 23, 2010 |
| By: | |
| Effective: | August 2, 2010 |