ORDINANCE NO. BL2015-1247

ORDINANCE NO. BL2015-1247

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 Pettus Road (unnumbered), at the current terminus of Lacebark Drive, (56.84 acres), to permit up to 103 single family residential units, all of which is described herein (Proposal No. 2015SP-068-001).

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 Pettus Road (unnumbered), at the current terminus of Lacebark Drive, (56.84 acres), to permit up to 103 single family residential units, being Property Parcel No. 050 as designated on Map 181-00 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 181 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 a maximum of 103 single-family residential lots.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Corner lots on the proposed collector shall gain vehicular access from only the local side street.
2. Corner lots on local streets shall not take vehicular access from the street which the home primarily fronts, but shall be from the side of house unless site conditions make side access impractical. If planning staff finds that side access is not practical, then vehicular access may be permitted from street which the home fronts.
3. Any garage facing a primary street frontage shall be recessed at least five feet from the front façade.
4. Brick, stone, cement board, cultured stone and/or wood shall be used on 100% of the front and side façade of the buildings, excluding non-structural, architectural features such as dormers, porches, gables, etc.
5. Lots with slopes greater than 25% shall meet the critical lot requirements of Section 17.28.030 of the Metro Zoning Code. The final site plan shall designate any lot meeting the criteria for a critical lot on the final site plan.
6. A C-Landscape Buffer Yard shall be provided adjacent to any lot adjacent to the TVA easement and/or the proposed Southeast Parkway ROW reservation.
7. Provide a C-Landscape Buffer Yard behind any lot that backs towards the proposed collector.
8. A six foot wide sidewalk and six foot wide planting strip shall be provided adjacent to the planned collector. A five foot wide sidewalk and four foot wide planting strip is required adjacent to all local streets.
9. Street trees are required. The location shall be determined with the final site plan.
10. The limits of disturbance shown on the preliminary plan may not be increased.
11. 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 RS5 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: Fabian Bedne

View Sketch

View Site Plan

Amendment No. 1
To
Ordinance No. BL2015-1247

Madam President:

I move to amend Ordinance No. BL2015-1247 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. Corner lots on the proposed collector shall gain vehicular access from only the local side street.
2. Corner lots on local streets shall not take vehicular access from the street which the home primarily fronts, but shall be from the side of house unless site conditions make side access impractical. If planning staff finds that side access is not practical, then vehicular access may be permitted from street which the home fronts.
3. Any garage facing a primary street frontage shall be recessed at least five feet from the front façade.
4. Brick shall be required on 100% of the front and side façades of the buildings, excluding non-structural, architectural features such as dormers, porches, gables, etc. Vinyl siding shall not be permitted.
5. Lots with slopes greater than 25% shall meet the critical lot requirements of Section 17.28.030 of the Metro Zoning Code. The final site plan shall designate any lot meeting the criteria for a critical lot on the final site plan.
6. A C-Landscape Buffer Yard shall be provided adjacent to any lot adjacent to the TVA easement and/or the proposed Southeast Parkway ROW reservation.
7. A six foot wide sidewalk and six foot wide planting strip shall be provided adjacent to the planned collector. A five foot wide sidewalk and four foot wide planting strip is required adjacent to all local streets.
8. Street trees are required. The location shall be determined with the final site plan.
9. The limits of disturbance shown on the preliminary plan may not be increased.
10. The Preliminary SP plan is the site plan and associated documents. If applicable, all notes and references should be removed that indicate that the site plan is illustrative, conceptual, etc.
11. Access into Indian Creek Estates shall not be permitted with phase one, but shall only be permitted with phase three s shown on the preliminary plan.
12. Construction activity shall conform to all construction noise requirements of the Metropolitan Code.
13. All efforts shall be made to ensure that streets used for access into the site during construction remain clean and free of debris.

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
Passed Second Reading:	July 28, 2015
Amended:	August 4, 2015
Passed Third Reading:	August 4, 2015
Approved:	August 10, 2015
By:
Effective:	August 14, 2015