ORDINANCE NO. BL2015-86

SUBSTITUTE ORDINANCE NO. BL2015-86

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 R15 and R20 to SP for properties located at 326 Old Hickory Boulevard, Old Hickory Boulevard (unnumbered) and Highway 70 (unnumbered), on the east side of Old Hickory Boulevard and north of Highway 70 (approximately 246 acres), to permit the additional disturbance of the natural landscape to a maximum of 14 acres to permit up to 360 multi-family residential units, all of which is described herein (Proposal No. 2015SP-113-001).

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 R15 and R20 to SP for properties located at 326 Old Hickory Boulevard, Old Hickory Boulevard (unnumbered) and Highway 70 (unnumbered), on the east side of Old Hickory Boulevard and north of Highway 70 (approximately 246 acres), to permit the additional disturbance of the natural landscape to a maximum of 14 acres to permit up to 360 multi-family residential units, being Property Parcel Nos. 154, 168 as designated on Map 128-00, Property Parcel No. 224 as designated on Map 128-12, and Property Parcel No. 021, 380 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 128 and 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 a maximum of 360 multi-family residential units.

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

1. 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.
2. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.
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.
4. Add the following note to the plan: The final site plan shall depict a minimum five foot (5’) clear path of travel for pedestrian ways, including public sidewalks, and the location of all existing and proposed obstructions. Prior to the issuance of use and occupancy permits, existing obstructions within the path of travel shall be relocated to provide a minimum of five feet (5’) of clear access.
5. The exterior building materials shall be compatible with the homes in the Eagle Ridge at the Reserve.
6. Buildings shall be constructed using high quality materials, using a combination of brick, Hardie siding, or pre-cast stone. Vinyl siding, aluminum siding, and EIFS is expressly prohibited on exterior facades, although soffits and windows may be vinyl or aluminum.
7. Prior to the approval of the Final SP plans, a Traffic Impact Study shall be submitted and approved for the entire SP to determine the levels of mitigation required for this development.
8. Prior to any blasting, a pre-blast survey shall be conducted on homes within the required radius of this project and submitted with the final site plan application.
9. Logging operations shall be prohibited upon all parcels prescribed herein. For purposes of this condition, “logging operations” are defined as any removal, destruction or harvesting of ten (10) or more trees, measuring over 4 inches in diameter as measured 12 inches from the ground, within one year. An exception to this condition shall be granted if logging operations are necessary immediately for the safety of life or property, as determined by the Metropolitan Public Works Department or the Nashville Fire Department.
10. At least thirty (30) days prior to the submission of the Final SP Plan to the Metro Planning Commission, the applicant shall provide a copy of the Final SP documents to the Board of Directors of Eagle Ridge at the Reserve Homeowners’ Association. The final site plan shall be reviewed and approved by the Planning Commission.
11. Uses within the SP shall be limited to a maximum of 360 multi-family residential units.
12. Disturbance of the natural landscape is limited to the disturbance boundary outlined on
Exhibit(s) A. No more than 14 acres may be disturbed for residential development.
13. The area outside of the permitted disturbance area shall be open space. Activities that are permitted within the open space include walking trails, trail heads, way finding signage and other non-impactful activities that make the area accessible to the public while maintaining the natural features intended to be protected. Any grading or construction must be approved by the Planning Department.
a. If property designated as open space is transferred or dedicated to a land trust or Metro Parks, then improvements in areas controlled by the land trust or Metro Parks may be permitted provided that the improvements do not have a significant impact on the natural features intended to be protected. Any grading or construction must be approved by the Planning Department.
14. Buildings shall be limited to a maximum of four stories in height.
15. Sheer rock walls created by blasting a hillside shall not result in a rock wall taller than six feet in height as measured from the bottom grade of the rock wall to the top grade of the rock wall.
a. When it is necessary for a rock wall to be greater than six feet in height, then the rock wall shall be broken into multiple terraced rock walls, with no individual rock wall exceeding six feet in height.
b. A minimum horizontal distance of three feet shall be maintained between each individual rock wall in the terraced system.
c. Landscaping shall be used to minimize the view of all individual rock walls in the terraced system. Landscaped areas shall include native trees and other native plants as approved by the Metro Urban Forester.
16. Retaining walls shall not exceed six feet in height as measured from the bottom grade of the
retaining wall to the top grade of the retaining wall.
a. When it is necessary for a retaining wall to be greater than six feet in height, then the
retaining wall shall be broken into multiple terraced retaining walls, with no individual
retaining wall exceeding six feet in height.
b. A minimum horizontal distance of three feet shall be maintained between each individual retaining wall in the terraced system.
c. Landscaping shall be used to minimize the view of all individual retaining walls in the terraced system. Landscaped areas shall include native trees and other native plants as approved by the Metro Urban Forester.
17. Driveways shall follow the contours of the natural terrain.
18. 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 RM2 zoning district as of the date of the applicable request or
application.
19. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and
adequate water supply for fire protection must be met prior to the issuance of any building
permits.

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 RM2 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:	December 1, 2015
Passed First Reading:	December 1, 2015
Referred to:	Planning Commission Planning & Zoning Committee
Deferred to February 2, 2016:	January 5, 2016
Passed Second Reading:	February 2, 2016
Substitute Introduced:	February 16, 2016
Passed Third Reading:	February 16, 2016
Approved:	February 18, 2016
By:
Effective:	February 26, 2016