ORDINANCE NO. BL2015-1094

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 OG and RM40 to SP zoning for property located at 109 and 123 Bosley Springs Road, approximately 530 feet west of Harding Pike and located within the Harding Town Center Urban Design Overlay District (13.12 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2013SP-018-001).

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 OG and RM40 to SP zoning for property located at 109 and 123 Bosley Springs Road, approximately 530 feet west of Harding Pike and located within the Harding Town Center Urban Design Overlay District (13.12 acres), to permit a mixed use development, being Property Parcel Nos. 018, 023 as designated on Map 103-15 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 103 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 outlined in the SP plan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Prior to the issuance of any use and occupancy permit on Parcel B, impervious areas located on Parcel A shall be removed and revegetated. Other remediation work shall also be conducted as approved by Metro Stormwater and may include but is not limited to bank restoration, and tree plantings, and shall be completed prior to the issuance of any use and occupancy permit on Parcel B.
2. Development in the SP may precede, follow or develop concurrently with the projected transportation improvements contained in the UDO, so long as the configuration of proposed development does not preclude the implementation of the transportation recommendations outlined in the UDO.
3. A Traffic Impact Study (TIS) shall be required prior to the approval of any final site plan.
4. Prior to the approval of any final site plan the area within Parcel A and the area within the floodway of Parcel B shall be placed within a conservation easement.

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 MUI zoning district and the Harding Town Center Urban Design Overlay as of the date of the applicable request or application. Uses are limited as described in the Council approved plan.

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: Jason Holleman

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LEGISLATIVE HISTORY
Introduced:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (6-0) Planning & Zoning Committee
Passed Second Reading:	May 5, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015