ORDINANCE NO. BL2016-368

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 RS7.5 to SP zoning for properties located at Toney Road (unnumbered), Old Matthews Road (unnumbered), and 509, 511, 515 B, and 513 West Trinity Lane, at the northwest corner of Old Matthews Road and West Trinity Lane (21.47 acres), to permit a mixed use development including a maximum of 341 residential units and 25,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2016SP-043-001).

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 RS7.5 to SP zoning for properties located at Toney Road (unnumbered), Old Matthews Road (unnumbered), and 509, 511, 515 B, and 513 West Trinity Lane, at the northwest corner of Old Matthews Road and West Trinity Lane (21.47 acres), to permit a mixed use development including a maximum of 341 residential units and 25,000 square feet of non-residential uses, being Property Parcel Nos. 016-021 as designated on Map 071-01 and Property Parcel No. 016 as designated on Map 071-05of 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 071 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 the uses specified on the SP plan. Residential is limited to a maximum of 341 units, and nonresidential is limited to a maximum of 25,000 square feet.

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 provide right-of-way as necessary to meet the Major and Collector Street Plan for West Trinity Lane and Old Mathews Road.
2. The final site plan shall include sidewalks and planting strips as required by the Major and Collector Street Plan for West Trinity Lane and Old Mathews Road.
3. The sidewalk along Toney Road shall include at a minimum a five foot wide sidewalk and four foot planting strip.
4. The final site plan shall provide bike parking per Metro Zoning Code.
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.
6. 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. This land dedication requirement is proportional to the development’s student generation potential. Such site shall be in accordance with the site condition and location criteria of the Metropolitan Board of Education and shall be within the Whites Creek High School cluster. The Board of Education may decline such dedication if it finds that a site is not needed or desired. No final site plan for development of any residential uses on the site shall be approved until a school site has been dedicated to the Metro Board of Education or the Board has acted to relieve the applicant of this requirement. However, failure of the Board of Education to act prior to final site plan consideration and approval by the Metropolitan Planning Commission in accordance with its schedule and requirements shall constitute a waiver of this requirement by the Board of Education.
7. 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.
8. 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.

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 with the exception that all single-family lots shall be subject to the RS7.5 zoning district. 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: DeCosta Hastings

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LEGISLATIVE HISTORY
Introduced:	August 2, 2016
Passed First Reading:	August 2, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (7-0-1) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	September 6, 2016
Passed Second Reading:	September 6, 2016
Passed Third Reading:	September 20, 2016
Approved:	September 21, 2016
By:
Effective:	September 30, 2016