ORDINANCE NO. BL2015-57

ORDINANCE NO. BL2015-57

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 SP to SP zoning for properties located at 7022 Nolensville Pike and Nolensville Pike (unnumbered) and 7105 Burkitt Road, approximately 350 feet south of Old Burkitt Road (17.98 acres), to permit a mixed use development with up to 200 multi-family residential units and up to 10,000 square feet of nonresidential uses, all of which is described herein (Proposal No. 2015SP-084-001).

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 SP to SP zoning for properties located at 7022 Nolensville Pike and Nolensville Pike (unnumbered) and 7105 Burkitt Road, approximately 350 feet south of Old Burkitt Road (17.98 acres), to permit a mixed use development with up to 200 multi-family residential units and up to 10,000 square feet of nonresidential uses, being Property Parcel Nos. 014.01, 021, 026 as designated on Map 186 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 186 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 200 multi-family residential units and up to 10, 000 square feet of nonresidential uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Approval of this SP applies to the Davidson County portion of the project only.
2. Detailed landscape plans for the stormwater facilities along Nolensville Pike and Burkitt Road shall be reviewed and approved by Planning Staff with the final site plan.
3. The final site plan shall label all internal driveways as “Private Driveways”. A note shall be added to the final site plan that the driveways shall be maintained by the Homeowner’s Association.
4. Comply with all Public Works conditions.
5. 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 MUL-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.

LEGISLATIVE HISTORY
Introduced:	November 3, 2015
Passed First Reading:	November 3, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (4-0-2) Planning & Zoning Committee
Passed Second Reading:	December 1, 2015
Deferred:	December 15, 2015
Deferred Indefinitely :	January 5, 2016
Placed back on Agenda for March 1, 2016:	February 23, 2016
Passed Third Reading:	March 1, 2016
Approved:	March 2, 2016
By:
Effective:	March 4, 2016