ORDINANCE NO. BL2015-1085

ORDINANCE NO. BL2015-1085

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 to SP zoning for property located at 13153, 13159, and 13167 Old Hickory Boulevard, approximately 640 feet south of Muci Drive, (18.74 acres), to permit up to 244 residential units and mixed use development, all of which is described herein (Proposal No. 2015SP-033-001).

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 to SP zoning for property located at 13153, 13159, and 13167 Old Hickory Boulevard, approximately 640 feet south of Muci Drive, (18.74 acres), to permit up to 244 residential units and mixed use development, being Property Parcel Nos. 012, 012.01, 060 as designated on Map 183-00 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 183 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 multi-family residential use in Phase 1 and, within Phase 2, uses shall be limited to uses allowed in the MUN zoning district, excluding cash advance and cash checking, and including day care – parent’s days out, animal hospital, animal boarding facility, automobile convenience (permitted with conditions the same within MUL-A zoning district), fast-food restaurant and parking and recreation uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Roadway improvements that are a direct result of this specific project as determined by the approved Traffic Impact Study and the Department of Public Works shall be constructed.
2. Any required right-of-way within the project site that is identified as necessary to meet the adopted roadway plans shall be dedicated.
3. In order to accommodate traffic volumes, the applicant shall improve major roadways (or an equivalent transportation improvement) within the identified infrastructure deficiency area to a two-lane cross-section at a level acceptable to the Department of Public Works. Eligible roadways are identified in the Infrastructure Deficiency Area map. Such improvements shall be undertaken within available right-of-way and at a level commensurate with the development entitlements appropriate on the site. The rate of a commensurate requirement is calculated as 3,087 total required feet of roadway. IDA requirements shall be completed prior to the issuance of permits for the first phase.
4. All signs must be approved under an overall signage plans for each phase of development with the SP District. Signage standards shall meet the requirements within the SP plan.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.

Section 7. Be it further enacted, if a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the MUN zoning district for Phase 2 and RM20 zoning district for Phase 1 as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

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:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (8-0) Planning & Zoning Committee
Passed Second Reading:	May 5, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015