ORDINANCE NO. BL2014-639

ORDINANCE NO. BL2014-639

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 RS10, R10, and CS to SP zoning for properties located at 915 and 927 Old Due West Avenue, approximately 460 feet east of Dickerson Pike (47.09 acres), to permit up to 280 multi-family residential dwelling units and up to 480 assisted care living beds, all of which is described herein (Proposal No. 2013SP-038-001).

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 RS10, R10, and CS to SP zoning for properties located at 915 and 927 Old Due West Avenue, approximately 460 feet east of Dickerson Pike (47.09 acres), to permit up to 280 multi-family residential dwelling units and up to 480 assisted care living beds, being Property Parcel Nos. 073, 074 as designated on Map 050-00 and Property Parcel No. 020 as designated on Map 051-00 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 Metropolitan Clerk’s 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 050 and on Map 051 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 280 multi-family residential dwelling units and a 480 bed assisted care living facility (160 dwelling units).

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. All right of way shall be dedicated by plat prior to issuance of any building permits.

2. A geotechnical study shall be completed by a licensed engineer and submitted with the final site plan application. If the geotechnical study determines that portions of the site are unsuitable for development, the SP should be reduced in scale from the original proposed unit count.

3. Comply with Public Works requirements based on the TIS review.

4. All off site pedestrian improvements, including a crosswalk and crosswalk signals at the existing traffic signal, must be completed prior to issuance of any use and occupancy permits.

5. Prior to final site plan approval, the plan shall change the limits to “up to 4 stories and maximum of 45’ feet.”

6. Final SP must follow the road network and grading plans as shown in the preliminary plan.

7. Add Preliminary Note to plans: This drawing is for illustration purposes to indicate the basic premise of the development. The final unit count and details of the plan shall be governed by the appropriate regulations at the time of final application.

8. The 20 acres in the northern portion of the site and the 8.8 acres in the southern portion of the site are to remain as undisturbed open space, and are not to be graded, disturbed or otherwise developed, unless approved as an amendment to the SP by Metro Council

9. Permitted land uses are limited to 280 multi-family residential dwelling units and a 480 bed assisted living facility (160 dwelling units)

10. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Council approval, the property shall be subject to the standards, regulations and requirements of the RM20 zoning district as of the date of the applicable request or application.

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 RM20 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:	January 7, 2014
Passed First Reading:	January 7, 2014
Referred to:	Planning Commission - Approved with Conditions 10-0 (December 12, 2013) Planning & Zoning Committee
Passed Second Reading:	February 4, 2014
Passed Third Reading:	February 18, 2014
Approved:	February 19, 2014
By:
Effective:	February 21, 2014