ORDINANCE NO. BL2011-879

ORDINANCE NO. BL2011-879

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 RS7.5 to SP zoning for a portion of properties located at 5000 Mountain Springs Road and at Hobson Pike (unnumbered), north of Hobson Pike (40.8 acres), to permit 219 multi-family dwelling units, all of which is described herein (Proposal No. 2009SP-025-001).

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 from RS7.5 to SP zoning for a portion of properties located at 5000 Mountain Springs Road and at Hobson Pike (unnumbered), north of Hobson Pike (40.8 acres), to permit 219 multi-family dwelling units, being part of Property Parcel Nos. 040, 174 as designated on Map 164-00 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 attached sketch, which is attached to 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 Map 164 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 up to 219 multi-family dwelling units.

Section 4. Be it further enacted, that the following conditions be completed, bonded or satisfied as specifically required:

1. The correct copy of the SP plan shall incorporated:
a. A pedestrian connection shall be provided from the SP development to the adjacent, proposed school site.
b. The roundabout on Mountain Springs Drive shall be designed per NCHRP Report 672.
c. The extension of Ashford Trace shall be shown as a collector to the future Southeast arterial.
d. Mountain Springs Drive shall be shown and labeled as extending in the future through the Belz Commercial Tract and intersecting with the Southeast arterial.
e. Guest parking off the alley shall be provided for units 172-208.
f. Construct private streets per Medium street standard drawing ST-252 to accommodate the anticipated on-street parking.
g. All private streets and alleys shall be connected to the public street using a concrete ramp PW-ST324.
h. Cul-de-sacs shall be constructed per standard drawing ST-331.
i. Dumpster locations and a plan for recycling collection shall be identified. A solid waste plan shall be approved by the Department of Public Works Solid Waste Division.
j. A mail service delivery plan including kiosk location and parking shall be identified

2. Prior to final SP approval:
a. A letter from Tennessee Department of Environment and Conservation or a botanical inventory from a qualified biologist stating whether or not endangered species exist on this site shall be obtained. Presence of endangered species may require modification to the plan.
b. All construction traffic for this project shall be routed through Mountain Springs Drive to Murfreesboro Rd or other access. Access for construction traffic shall not travel through the Summerfield Development.
c. Offsite traffic mitigations may be required, and shall be determined with the final SP plan at the time of development but shall not include an obligation to construct Mountain Springs Rd. as required by the Mountain Springs Phase 2 development.

3. Prior to approval of building permits
a. 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. All primary public entrances shall have a paved connection to the project’s sidewalk network.
b. To promote architectural diversity among individual townhouse units, the front facade design of individual residential units shall be varied within each grouping of attached units.
c. The conditions of approval for BL2003-1383 shall be satisfied for the project site and documentation shall be submitted to Metro Planning Department.
d. The offsite stormwater regional facility shall be constructed along with this development.

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 RM6 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.

LEGISLATIVE HISTORY
Introduced:	April 5, 2011
Passed First Reading:	April 5, 2011
Referred to:	Planning Commission - Approved 8-0 (February 24, 2011) Planning & Zoning Committee
Amended:	May 3, 2011
Passed Second Reading:	May 3, 2011
Passed Third Reading:	May 17, 2011
Approved:	May 20, 2011
By:
Effective:	May 26, 2011