ORDINANCE NO. BL2016-325

ORDINANCE NO. BL2016-325

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 a portion of the Ridgeview Urban Design Overlay (UDO) District for property located at Bell Road (unnumbered), approximately 500 feet east of Bell Road, zoned RM9 and MUL (approximately 63 acres), to permit a mixed use development with applicable design standards, all of which is described herein (Proposal No. 2003UD-003-003).

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:

A request to amend a portion of the Ridgeview Urban Design Overlay (UDO) District for property located at Bell Road (unnumbered), approximately 500 feet east of Bell Road, zoned RM9 and MUL (approximately 63 acres), to permit a mixed use development with applicable design standards, being Property Parcel Nos.122 on Map 163-00 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 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 following conditions shall be completed, bonded or satisfied as specifically required:
1. The connection between Eagle View Boulevard and Baby Ruth Lane shall be shown on the final site plan and shall be constructed with the first phase.
2. A greenway easement shall be provided along the stream that bisects the site consistent with Metro Greenway standards. The final site plan shall include the easement and shall be approved by Metro Greenways prior to final site plan approval.
3. Eagle View Boulevard shall be designed with a landscaped median; however, turn lanes with appropriate storage are permitted at locations approved by Metro Public Works and Metro Planning and shall be determined with the final site plan.
4. Eagle View Boulevard and Baby Ruth Lane shall provide ROW, sidewalks and planting strips per the Major and Collector Street Plan.
5. 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.
6. The final 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.
7. If the UDO final site plan or final plat indicates that there is less acreage than what is shown on the approved preliminary plan, the final site plan shall be appropriately adjusted to show the actual total acreage, which may require that the total number of dwelling units or total floor area be reduced.

Section 4. Be it further enacted, that a corrected copy of the amended UDO plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary UDO plan incorporating the conditions of approval therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the preliminary UDO plan shall be presented to the Metro Council as an amendment to this UDO ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 5. 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, Burkley Allen, Fabian Bedne

View Sketch

View Site Plan

AMENDMENT NO.1
TO
ORDINANCE NO. BL2016-325

Mr. President –

I move to amend Ordinance No. BL2016-325 as follows:

I. By amending Section 3 by deleting it in its entirety and substituting therefore the following:

Section 3. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. The connection between Eagle View Boulevard and Baby Ruth Lane shall be shown on the final site plan and shall be constructed with the first phase.
2. A greenway easement shall be provided along the stream that bisects the site consistent with Metro Greenway standards. The final site plan shall include the easement and shall be approved by Metro Greenways prior to final site plan approval.
3. Eagle View Boulevard shall be designed with a landscaped median; however, turn lanes with appropriate storage are permitted at locations approved by Metro Public Works and Metro Planning and shall be determined with the final site plan.
4. Eagle View Boulevard and Baby Ruth Lane shall provide ROW, sidewalks and planting strips per the Major and Collector Street Plan.
5. 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.
6. The final 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.
7. If the UDO final site plan or final plat indicates that there is less acreage than what is shown on the approved preliminary plan, the final site plan shall be appropriately adjusted to show the actual total acreage, which may require that the total number of dwelling units or total floor area be reduced.
8. The mixed use development shall consist of a maximum of 476 residential units, including a maximum of 42 single family detached cottage homes (building type F), 2 buildings restricted in use to a seniors-only assisted living facility with no more than 200 beds total, 324 multi-family units (consisting of building types A, D, and E) with building types D and E restricted to 55-and-older senior living community, and a community education facility for 800 students.
9. To confirm satisfaction of the criteria restricting the above-referenced facility to age 55 and above, a deed restriction shall be filed with the Davidson County Register of Deeds requiring that the property be so restricted.
10. Architectural standards: Vinyl siding is prohibited. EIFS is prohibited on all ground level facades which front a public way. Changes in material should occur horizontally on facades or where two masses meet. Construct buildings of high quality building materials that require little maintenance in order to demonstrate sustained quality and a sense of permanence. Brick and/or hardiplank material shall be used and subjected to further review with the final site plan.
11. Fencing/Screening/Landscaping: Refuse collection, recycling and mechanical equipment shall be enclosed for a senior living, stacked flats, assisted living community. Enclosures shall be constructed of opaque-type materials such as architectural masonry or brick that is compatible with the aesthetics of the surrounding area, or a landscaped screen on three sides.
12. All utilities shall be underground. Utility poles and overhead wires are prohibited.
13. Raised table intersections shall be used to slow traffic and to highlight pedestrian crossings in front of the school. Concrete approaches shall slightly ramp up to integrally colored concrete.
14. The connection between Eagle View Boulevard and Baby Ruth Lane extension will include a roundabout on the internal roadway from Bell Road to Baby Ruth Lane, shall be shown on the final site plan, shall be constructed in the first phase, and shall open on or before the school opening.
15. Sidewalks will be constructed on from the intersection of Mt. View Road and Baby Ruth Lane to Eagle View Boulevard in the first phase prior to school opening.
16. A traffic impact study shall be conducted on Baby Ruth Lane and Eagle View Boulevard prior to phase II development to determine additional traffic calming needs.

II. By amending Section 4 by adding the following sentence at the end thereof:
Significant deviations or changes from these conditions, design standards or plan shall require reapproval by the Planning Commission and Metropolitan Council.

Sponsored by: Jacobia Dowell

AMENDMENT NO. 2
TO
ORDINANCE NO. BL2016-325

Mr. President -

I move to replace the prior Amendment with Amendment #2 to Ordinance No. BL2016-325 as follows:

I. By amending Section 3 by deleting it In Its entirety and substituting therefore the following:

Section 3. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. The connection between Eagle View Boulevard and Baby Ruth Lane shall be shown on the final site plan and shall be constructed with the first phase.
2. A greenway easement shall be provided along the stream that bisects the site consistent with Metro Greenway standards. The final site plan shall include the easement and shall be approved by Metro Greenways prior to final site plan approval.
3. Eagle View Boulevard shall be designed with a landscaped median; however, turn lanes with appropriate storage are permitted at locations approved by Metro Public Works and Metro Planning and shall be determined with the final site plan.
4. Eagle View Boulevard and Baby Ruth Lane shall provide ROW, sidewalks and planting strips per the Major and Collector Street Plan.
5. 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.
6. The final 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.
7. If the UDO final site plan or final plat indicates that there is less acreage than what Is shown on the approved preliminary plan, the final site plan shall be appropriately adjusted to show the actual total acreage, which may require that the total number of dwelling units or total floor area be reduced.
8. To confirm satisfaction of the criteria restricting any future development of Section III (as shown on the Planning Commission approved plan) to age 55 and above, a deed restriction shall be filed with the Davidson County Register of Deeds requiring that the property be so restricted. Said deed restriction shall be filed prior to the submission of any Final UDO plan for Section III.
9. Architectural standards: Vinyl siding is prohibited. EIFS Is prohibited on all ground level facades which front a public way. Changes In material should occur horizontally on facades or where two masses meet. Construct buildings of high quality building materials that require little maintenance in order to demonstrate sustained quality and a sense of permanence. Brick and/or hardiplank material shall be used and subjected to further review with the final site plan.
10. Fencing/Screening/Landscaping: Refuse collection, recycling and mechanical equipment shall be enclosed for a senior living, stacked flats, assisted living community. Enclosures shall be constructed of opaque-type materials such as architectural masonry or brick that is compatible with the aesthetics of the surrounding area, or a landscaped screen on three sides.
11. All utilities shall be underground. Utility poles and overhead wires are prohibited.
12. Raised table intersections shall be used to slow traffic and to highlight
pedestrian crossings in front of the school. Concrete approaches shall slightly ramp up to integrally colored concrete.
13. An evaluation shall be conducted once the Community Education facility is operational to determine whether traffic calming measures are necessary. Traffic calming measures may include the following: roundabouts, chicanes, raised crossings, speed humps, or whatever other devices are deemed appropriate and are to be coordinated with Metro Public Works staff, Metro Planning Commission staff and the District Councilmember.
14. Sidewalks to be constructed on Baby Ruth Lane from the intersection of Mt. View Road and Baby Ruth Lane to Eagle View Boulevard. Funding for the construction of these sidewalks is to come from the Capital Improvement Budget.

II. By amending Section 4 by adding the following sentence at the end thereof:

Significant deviations or changes from these conditions, design standards or plan shall require approval by the Planning Commission and Metropolitan Council.

LEGISLATIVE HISTORY
Introduced:	July 5, 2016
Passed First Reading:	July 5, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (8-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 2, 2016
Deferred to September 6, 2016:	August 2, 2016
Amended:	September 6, 2016
Passed Second Reading:	September 6, 2016
Amended:	September 20, 2016
Passed Third Reading:	September 20, 2016
Approved:	September 21, 2016
By:
Effective:	September 30, 2016