ORDINANCE NO. BL2012-200

ORDINANCE NO. BL2012-200

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 AR2a, RS40, RS30 and CL to SP zoning (portion within PUD Overlay and proposed for cancellation) for properties located at 8423 Highway 100 and 5948 Pasquo Road, at the southeast corner of Highway 100 and Natchez Trace Parkway (35.31 acres), to permit residential and various non-residential uses, all of which is described herein (Proposal No. 2012SP-013-001).

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 AR2a, RS40, RS30 and CL to SP zoning (portion within PUD Overlay and proposed for cancellation) for properties located at 8423 Highway 100 and 5948 Pasquo Road, at the southeast corner of Highway 100 and Natchez Trace Parkway (35.31 acres), to permit residential and various non-residential uses, being Property Parcel Nos. 058, 060 as designated on Map 169-00 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 plan that was duly considered by the Metropolitan Planning Commission, 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 Map 169 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 following conditions be completed, bonded or satisfied as specifically required:

1. No drive thru facilities shall be permitted. A note to this effect shall be added to the corrected copy of the preliminary SP plan.

2. The maximum height of any monument signs shall not exceed six feet. A note to this effect shall be added to the corrected copy of the preliminary SP plan.

3. The access note and a note stating that full water quality treatment (80 percent TSS) shall be obtained as required by Metro Stormwater shall be added to the corrected copy of the preliminary SP plan.

4. The developer shall work with Metro Greenways in coordinating specific details regarding the Natchez Trace Connector proposed along Highway 100. Prior to the approval of any final site plan, the developer shall offer the proposed greenway for dedication to Metro. Prior to final site plan approval Metro Greenways shall accept the greenway or Greenways shall relieve the project from this requirement. If Metro does not accept the proposed pathway for greenways, then the pathways shall remain open to public by access easements.

5. Traffic Impact Study (TIS) conditions associated with the development plan may be modified based on subsequent review and approval of a new TIS by the Metro Traffic Engineer and/or the Planning Commission.

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 MUL 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:	July 3, 2012
Passed First Reading:	July 3, 2012
Referred to:	Planning Commission - Approved with conditions 9-0 (June 14, 2012) Planning & Zoning Committee
Passed Second Reading:	August 7, 2012
Passed Third Reading:	August 21, 2012
Approved:	August 22, 2012
By:
Effective:	August 27, 2012