ORDINANCE NO. BL2015-1230

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 R10 to SP zoning for properties located at Stone Brook Drive (unnumbered), approximately 1,700 feet south of Old Hickory Boulevard, (6.56 acres), to permit a 140 unit multi-family residential development consisting of one seven story building, all of which is described herein (Proposal No. 2015SP-062-001).

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 R10 to SP zoning for properties located at Stone Brook Drive (unnumbered), approximately 1,700 feet south of Old Hickory Boulevard, (6.56 acres), to permit a 140 unit multi-family residential development consisting of one seven story building, being Property Parcel No. 159 as designated on Map 171-00 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 attached sketch, which is attached to 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 171 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 140 multi-family units and a maximum of seven stories in 85 feet.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. If the Fire Appeals Board does not grant the variance for driveway grade, any subsequent changes to the plans may require Metro Council approval.
2. The area labeled on the plan as tree protection shall remain undisturbed. Any proposals to substantially alter the plan (as determined by the Planning Commission) to disturb this area shall require Metro Council approval. This condition shall not prohibit maintenance of the designated Conservation Space.
3. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.

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 RM20 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: Brady Banks

View Sketch

View Site Plan

Amendment No. 1
To
Ordinance No. BL2015-1230

Madam President:

I move to amend Ordinance No. BL2015-1230 by deleting Section 4 in its entirety and substituting with the following new Section 4.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. The area labeled on the plan as tree protection shall remain undisturbed. Any proposals to substantially alter the plan (as determined by the Planning Commission) to disturb this area shall require Metro Council approval. This condition shall not prohibit maintenance of the designated Conservation Space.
2. The Preliminary SP Plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
3. The Final SP site plan and associated documents shall not be filed until after January 1, 2016.
4. The commencement of construction shall not begin until after March 1, 2016.
5. A blasting study and schedule shall be prepared in consultation with the Brentwood Villa Condominiums Board of Directors. The study shall be completed and shared at least 30 days prior to commencement of construction.
6. A traffic impact study shall be completed and shared with the Brentwood Villa Condominiums Board of Directors at least 30 days prior to submission of the Final SP Plan to the Metro Planning Commission.
7. The developer or designee shall attend monthly meetings of the Brentwood Villa Condominiums Board of Directors in preparation of the Final SP drawings and construction details.

Sponsored by: Brady Banks

LEGISLATIVE HISTORY
Introduced:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (7-1) Planning & Zoning Committee
Deferred:	July 28, 2015
Passed Second Reading:	August 4, 2015
Amended:	August 18, 2015
Passed Third Reading:	August 18, 2015
Approved:	August 19, 2015
By:
Effective:	August 21, 2015