ORDINANCE NO. BL2011-888

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 RS15 to SP zoning for properties located at 4161 and 4193 Central Pike, opposite South New Hope Road (6.68 acres), to permit up to 135 multi-family units consisting of either live/work units, flats and/or townhomes with a proposed 78 units at 4161 Central Pike and 57 units at 4193 Central Pike, all of which is described herein (Proposal No. 2011SP-006-001).

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 RS15 to SP zoning for properties located at 4161 and 4193 Central Pike, opposite South New Hope Road (6.68 acres), to permit up to 135 multi-family units consisting of either live/work units, flats and/or townhomes with a proposed 78 units at 4161 Central Pike and 57 units at 4193 Central Pike, being Property Parcel Nos. 034, 038 as designated on Map 087-00 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 087 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 those uses shown on the plan.

Section 4. Be it further enacted, that the maximum size of a non-residential tenant space within the SP shall be 1,400 square feet.

Section 5. Be it further enacted, that Restaurant uses shall be limited to a maximum of one tenant space within each of the two portions of the SP.

Section 6. Be it further enacted, that On the western portion of the SP, the overall building square footage devoted to non-residential uses shall not exceed 5,400 square feet.

Section 7. Be it further enacted, that Stand-alone commercial development is not permitted. Non-residential uses shall occupy the first floor of a three-story building. First floor space may consist of residential uses.

Section 8. Be it further enacted, that prior to final site plan approval the following conditions shall be completed, bonded or satisfied as specifically required:

1. A phasing plan shall be provided for both lots within the SP.
2. A minimum of one recreational area shall be proposed on one of the possible park areas and shall be identified on the final SP site plan.
3. Arterial sidewalk per Metro ST-210 (8 foot sidewalk with 6 foot grass strip), paved shoulder and curb & gutter per Metro ST-200 along whole project frontage, and driveway ramps per Metro ST-324 shall be constructed.
4. A Traffic Impact study and parking analysis shall be provided.

Section 9. 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 10. 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 11. 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 OR20 zoning district as of the date of the applicable request or application.

Section 12. 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: Jim Gotto

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