ORDINANCE NO. BL2016-198

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 amending the Beaman & Turner Properties Specific Plan District for properties located at 5430, 5438, 5446, and 5448 Cane Ridge Road and Cane Ridge Road (unnumbered), 4001 Cane Ridge Parkway, and 3135 Old Franklin Road, west of Interstate 24 (301.43 acres) to add approximately 13.8 acres into the SP, all of which is described herein (Proposal No. 2015SP-005-003).

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 amending the Beaman & Turner Properties Specific Plan District for properties located at 5430, 5438, 5446, and 5448 Cane Ridge Road and Cane Ridge Road (unnumbered), 4001 Cane Ridge Parkway, and 3135 Old Franklin Road, west of Interstate 24 (301.43 acres) to add approximately 13.8 acres into the SP, being Property Parcel No. 341 as designated on Map 163-00 and Property Parcel Nos. 021, 023, 024.01, 059, 061, 062, 213, 218, 219, 232, 233 as designated on Map 174-00 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 163 and on Map 174 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 as follows: Residential Subdistrict limited to up to 500 multi-family residential units; Retail subdistrict limited to uses allowed in SCR, excluding Alternative Financial Services; Neighborhood Transition Subdistrict limited to up to 500 multi-family residential units and all other uses allowed in MUL, excluding Alternative Financial Services; Office Concentration Subdistrict limited to uses allowed in MUI, excluding Alternative Financial Services; Mixed Use Subdistrict limited to up to 300 multi-family residential units and all other uses allowed in MUI, excluding Alternative Financial Services.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. All Public Facades shall also be Pedestrian Entrance Facades.
2. Add the following condition to the Residential Subdistrict: Raised foundations a minimum of 18” and a maximum of 36” are required for all residential buildings. Exceptions may be allowed for stacked flat buildings when significant grades exist and must be reviewed with the submittal of a final site plan.
3. With submittal of final site plan for any residential units fronting Cane Ridge Road, a detailed landscaping plan providing an appropriate buffer between Cane Ridge Road and any parking located in front of structures shall be provided.
4. Requirements specified in BL2015-1037 not specifically being amended with this ordinance shall remain in effect.
5. Due to the potential impact of this development on the public school system, the applicant is required by Planning Commission policy to offer for dedication a school site in compliance with the standards of Section 17.16.040 for middle schools with a capacity of 800 students. The school site does not have to be on the subject property.
6. All final site plans shall be reviewed by Metro agencies and approved by the Planning Commission or Department in accordance with Section 17.40.170 of the Zoning Code. All roadway plans shall be consistent with the Complete Streets Executive Order and should incorporate NACTO guidelines where possible.
7. Add the following note to the plan/plat: The final site plan/building permit site plan shall depict a minimum 5 foot 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 5 feet of clear access.
8. 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.
9. 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 RM20 zoning district for the Residential Subdistrict, SCR district for the Retail Subdistrict, MUL district for the Neighborhood Transition Subdistrict, MUI district for the Office Concentration Subdistrict and Mixed Use Subdistrict 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: Jacobia Dowell

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LEGISLATIVE HISTORY
Introduced:	April 5, 2016
Passed First Reading:	April 5, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (6-0). Planning & Zoning Committee
Passed Second Reading:	May 3, 2016
Passed Third Reading:	May 17, 2016
Approved:	May 18, 2016
By:
Effective:	May 20, 2016