ORDINANCE NO. BL2012-106

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 for property located at 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, all of which is described herein (Proposal No. 2011SP-024-001).

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 for property located at 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, being Property Parcel No. 026 as designated on Map 149-00 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 149 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 a nursing home or an assisted living facility or a combination of the two, to a maximum number of 210 rooming units at a maximum 0.6 FAR.

Section 4. 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 5. 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 6. 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 RM9 zoning district as of the date of the applicable request or application.

Section 7. 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. BL2012-106

Madam President:

I move to amend Ordinance No. BL2012-106 by modifying it as follows:

By adding the following new Section 4 and renumbering the following sections of the Ordinance accordingly:

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

1. The corrected copy of the plan shall show:
a. Drive aisles with a minimum width of 24 feet and parking stalls with minimum dimensions of 8.5 feet by 24 feet.
b. Sidewalks with curb and gutter along the frontage of Una Antioch Pike.

2. Prior to final SP site plan approval the following conditions shall be met:
a. Ground signage shall be limited to one ground sign along the Una-Antioch street frontage. Ground signs shall have a maximum height of six feet with a maximum display area of 32 square feet.
b. All requirements of Chapter 17.24 (Landscaping, buffering and tree replacement) of the Metro Zoning Code for MUL zoning shall be met with any final site plan within the SP.
c. Adequate sight distance at the proposed access on Una Antioch Pike shall be provided.
d. The traffic signal at the intersection of Picadilly Row and Una-Antioch Pike shall be modified to provide pedestrian crossing facilities for the Una Antioch Pike crossing.
e. The left turn lane at the signalized intersection at Piccadilly Row and Una-Antioch Pike shall be extended along the property frontage as a two-way turn lane to the proposed project access with transition per Manual on Uniform Traffic Control Devices (MUTCD) and American Association of State Highway and Transportation Officials (AASHTO) standards.

3. Prior to the approval of permits a solid waste and recycling plan shall be submitted.

4. Prior to the approval of permits a pre-blast survey of all structures within 600 feet of the property line shall be offered to all applicable property owners.

5. Prior to the approval of any use and occupancy permits, additional landscaping along the property line abutting the Oak Barrel Lane subdivision shall be provided as determined by the Councilmember.”

Sponsored by: Duane Dominy

LEGISLATIVE HISTORY

Introduced: February 7, 2012
Passed First Reading: February 7, 2012
Referred to: Planning Commission - Approved with Conditions 7-0
Planning & Zoning Committee
Passed Second Reading: March 6, 2012
Deferred: March 20, 2012
Deferred: April 3, 2012
Amended: April 17, 2012
Passed Third Reading: April 17, 2012
Approved: April 19, 2012
By: mayor's signature
Effective: April 23, 2012