ORDINANCE NO. BL2012-103

ORDINANCE NO. BL2012-103

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 from RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant, all of which is described herein (Proposal No. 2012SP-002-001).

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 RM6 to SP zoning for property located at Franklin Limestone Road (unnumbered), approximately 1,725 feet east of Antioch Pike (40.18 acres), and within the Floodplain Overlay District, to permit all uses permitted by the IWD zoning district and a heavy industrial use "asphalt plant", being Property Parcel No. 066 as designated on Map 148-00 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 on the plan that was duly considered by the Metropolitan Planning Commission including the plan presented by the applicant at the Planning Commission meeting, 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 on Map 148 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 an asphalt plant and associated uses including temporary mineral extraction allowing blasting and crushing of stone for sale/transfer from the site during site preparation for asphalt plant.

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

1. A site layout, water quality concept and room for detention, if necessary, shall be provide to the Stormwater Management Division with final site plan.

2. Because blasting will take place near Mill Creek which contains endangered species, an environmental impact study shall be required with any final site plan.

3. A sign shall be placed on the property at the exit informing drivers that right turns are prohibited. Vehicles exiting the site shall be prohibited from turning right onto Franklin Limestone Road.

4. A three lane cross section on Franklin Limestone Rd, extended from nearby existing three lane cross section with transition per AASHTO and Public Works standards shall be required.

5. The applicant shall work with Public Works to determine if a four lane cross section at the site entrance is appropriate

6. A 100 foot left turn lane at access drive with transition per MUTCD and AASHTO standards shall be constructed.

7. Adequate sight distance at the proposed access location shall be documented and provided.

8. A Traffic Impact Study may be required if a Final Site Plan is submitted that generates more than 100 vehicle trips per day.

9. A pre-blast survey of all structures within 1,000 feet of the blasting site shall be offered to all property owners.

10. A 150 foot no-build, no-disturb buffer area as shown on the SP plan shall be maintained.

11. A 20 foot landscape buffer along Franklin Limestone Road shall be required.

12. The existing asphalt plant near this SP district which is owned and operated by the owner/operator of this SP district shall cease operation once the new asphalt plant permitted with this SP District becomes operational.

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 IWD zoning district as of the date of the applicable request or application. Only the uses identified in Section 3 of this ordinance shall be permitted.

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: Duane Dominy, Robert Duvall

View Sketch

Amendment No. 1
to
Ordinance No. BL2012-103

Madam President:

I move to amend Ordinance No. BL2012-103 by amending Section 4 as follows:

1. By deleting the existing paragraph 11 and substituting with the following new paragraph 11:

“11. The Applicant agrees to and shall dedicate an additional 6 ½ feet of right-of-way along Franklin Limestone Road. Further, the Applicant agrees to dedicate an additional 20 feet of landscape buffer with a D-3 planting schedule to be designated on the plan adjacent to this right-of-way addition.”

2. By deleting the existing paragraph 12 and substituting with the following new paragraph 12:

“12. Once the new asphalt plant permitted by this SP becomes operational, the Applicant agrees to and shall cease operation of the existing asphalt plant near this SP site that is owned and operated by the Applicant. All equipment at such existing asphalt plant shall be rendered inoperable, and such equipment shall not be sold or transferred to any person or business intending to operate an asphalt plant at that site.”

3. By adding the following provisions as paragraphs 13 and 14:

“13. In an effort to enhance the public amenities available to residents in the area, the Applicant desires to make a voluntary donation to the Metropolitan Government of the approximately 6-acre site identified on the SP plan for a public park or for greenway purposes. Such donation is to be in the form of a fee simple transfer or through the granting of an easement, to be determined at the discretion of the Metropolitan Department of Parks and Recreation. This donation is subject to any necessary roadway easements as agreed to by the Applicant and Metro Public Works.

14. The Applicant shall provide seismographic monitoring at the site during all times of blasting by the applicant. The results of all seismographic monitoring shall be submitted to a third-party monitoring company who will make the results available upon request to any neighbor residing within one quarter mile of the site. In addition, these monitoring results shall be transmitted on a monthly basis to the attention of the attorney for the Metropolitan Council.”

LEGISLATIVE HISTORY
Introduced:	February 7, 2012
Passed First Reading:	February 7, 2012
Referred to:	Planning Commission - Approved with conditions 9-0 (January 26, 2012) Planning & Zoning Committee
Passed Second Reading:	March 6, 2012 - Roll Call Vote
Deferred Indefinitely:	March 20, 2012
Put back on August 6, 2013 Agenda:	July 30, 2013
Deferred:	August 6, 2013
Amended:	August 20, 2013
Passed Third Reading:	August 20, 2013 - Roll Call Vote
Approved:	August 22, 2013
By:
Effective:	August 30, 2013