ORDINANCE NO. BL2015-1086

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 MUL to SP zoning for property located at Old Harding Pike (unnumbered), 7386 Old Harding Pike, and Bellevue Road (unnumbered), at the corner of Bellevue Road and Old Harding Pike, (5.4 acres), and located within the Bellevue Town Center Urban Design Overlay, to permit up to 67 detached residential units, all of which is described herein (Proposal No. 2015SP-030-001).

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 MUL to SP zoning for property located at Old Harding Pike (unnumbered), 7386 Old Harding Pike, and Bellevue Road (unnumbered), at the corner of Bellevue Road and Old Harding Pike, (5.4 acres), and located within the Bellevue Town Center Urban Design Overlay, to permit up to 67 detached residential units, being Property Parcel Nos. 038, 042, 372 as designated on Map 142-00 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 142 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 up to 67 residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Provide 6’ sidewalks along Bellevue Road on the corrected set.
2. On the corrected set, make sure all references to sidewalks along Old Harding Pike are for 8’ sidewalks.
3. A raised foundation of 18” minimum on the front façade and 12” on the side and rear facades of each home will be required.
4. Side façades of units that face a public street shall have front façade requirements. Elevations of side façades units facing a public street shall be submitted with the final site plan.
5. On the corrected set, specify the front setback/build-to line from the sidewalk for all units.
6. On the corrected set, specify that all units must be at least 20 feet from the side and rear property lines.
7. On the corrected set, provide a dimension for the landscape buffer area adjacent to the Bellevue Mansion property.

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 RM15-A zoning district 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.

Sponsored by: Sheri Weiner, Charlie Tygard

View Sketch

View Site Plan

Amendment No. 1
To
Ordinance No. BL2015-1086

Madam President:

I move to amend Ordinance No. BL2015-1086 as follows:

I. By adding the following provisions at the end of Section 4:

8. Provide a 15 foot landscape buffer along Belle Pointe Condominium common property line (property line to be staked in field in prior to planting).
9. Supplement existing landscape plant material with evergreens (trees and shrubs—see list below) to create a year round screening. Plant material shall meet Metro “B” buffer requirements as set by Metro landscape ordinance, but all supplemental plant material is to be evergreen in nature, as follows:
a. Trees – evergreen trees shall be a mixture of the following types: green giant arborvitae/cryptomerial/Leland cypress/southern magnolia/eastern red cedar.
b. Shrubs – evergreen shrubs shall be mixture of the following types: leather leaf viburnum/skip laurel.
10. Plant a minimum of 1.5” caliper oak and maple trees between the driveways of all homes facing Belle Pointe Condominium.
11. Require homes to be a minimum of 57 feet from the Belle Pointe property line.
12. No balconies or decks shall be constructed off of the rear of the homes facing Belle Pointe.
13. Relocation of dumpster away from Belle Pointe Condominium property.

II. By renumbering the existing Section 8 as Section 9 and by adding the following new Section 8:

“Section 8. In addition to the landscaping requirements set forth in Section 4 of this Ordinance, representatives of the Developer, City Urban Forester, and Belle Pointe Condominium are to walk the property line and field stake locations for additional plants prior to installation. Installation of plants is to take place in the fall season (October/November) with planting to coincide with development of residential units adjacent to Belle Pointe.”

Sponsored by: Sheri Weiner

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
Amended:	May 19, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015