ORDINANCE NO. BL2011-930

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 R20, RM9, and IWD to SP zoning for properties located at 2114 Smith Springs Road, 1806 Reynolds Road, 1812 Reynolds Road and at Reynolds Road (unnumbered), approximately 1,700 feet north of Smith Springs Road (48.57 acres), to permit a maximum of 950,000 square feet of industrial, office, warehouse and distribution, up to 78 multi-family residential units and open space uses, all of which is described herein (Proposal No. 2011SP-004-001).

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 R20, RM9, and IWD to SP zoning for properties located at 2114 Smith Springs Road, 1806 Reynolds Road, 1812 Reynolds Road and at Reynolds Road (unnumbered), approximately 1,700 feet north of Smith Springs Road (48.57 acres), to permit a maximum of 950,000 square feet of industrial, office, warehouse and distribution, up to 78 multi-family residential units and open space uses, being Property Parcel Nos. 146, 147, 148, 163 as designated on Map 135-00 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 135 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 following conditions be completed, bonded or statisfied as specifically required:

1. A sidewalk, meeting Public Works standards, shall be required along the frontage of the property on Smith Springs Road with the first phase of development within District A.

2. Ground signs in District A and B shall be monument style signs with a maximum height of six feet.

3. Buildings on lots adjacent to Smith Springs Road shall be oriented towards Smith Springs Road, with the primary pedestrian entrances facing the street.

4. Any phase of development in District B that will include multiple stories and/or tenants shall submit an overall sign program with each final site plan.

Section 4. Be it further enacted, that the uses of this SP shall be limited to those uses shown on the plan.

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 for District A, IWD zoning district for District B and AR2a zoning district for District C 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: Vivian Wilhoite

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2011-930

Madam President:

I move to amend Ordinance No. BL2011-930 by amending Section 3 by adding the following conditions at the end thereof:

5. The existing cemetery shall be equipped with a 30-foot permanent buffer zone, including fencing, and shall be place in a perpetual public access easement. The final site plan shall include a small parking area for the cemetery, as well as ingress/egress for public access to the cemetery.

6. Prior to the filing of a final site plan, a traffic impact study shall be submitted to the department of public works for review and approval. The study shall include specific requirements for all public roadways utilized for access from Smith Springs Road including, but not limited to, turn lane additions, widening of the lane widths, a traffic light, and the addition of shoulders or curb and gutters.

7. There shall be required a minimum of two points of access to public roadways for this development, both of which shall be from Smith Springs Road. Further, Smith Springs Road at the points of access shall be improved as determined by Metro Public Works to a level that will safely convey industrial traffic. Improvements shall be made at the time of connection.

8. The exterior façade of dwelling units within the residential district 'A' shall be limited masonry products or alternative architectural materials to be approved by the Planning Department staff. Vinyl and alumunium siding or similar products shall be prohibited. Eco-friendly building products and low-impact development practices shall be investigated and considered.

9. If blasting is necessary, the developer will:
a) Obtain all necessary permits.
b) Send notices to residents within 600 feet of the property line where the blasting is to take
place.
c) At the resident’s request, pay for pre-blasting surveys up to the value of $60.00 for residences located within 600 feet of the property line where the blasting is to take place.

Sponsored by: Vivian Wilhoite

LEGISLATIVE HISTORY

Introduced: June 7, 2011
Passed First Reading: June 7, 2011
Referred to: Planning Commission - Approved 9-0
(May 26, 2011)
Planning & Zoning Committee
Passed Second Reading: July 5, 2011
Amended: July 19, 2011
Passed Third Reading: July 19, 2011
Approved: July 21, 2011
By: mayor's signature
Effective: July 25, 2011