ORDINANCE NO. BL2016-408

SUBSTITUTE ORDINANCE NO. BL2016-408

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 AR2a to SP zoning for property located at 2040 Hickory Hill Lane, approximately 105 feet northwest of Bonna Creek Drive (285.03 acres), to permit up to 500 single-family lots, all of which is described herein (Proposal No. 2016SP-046-001).

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 AR2a to SP zoning for property located at 2040 Hickory Hill Lane, approximately 105 feet northwest of Bonna Creek Drive (285.03 acres), to permit up to 500 single-family lots, being Property Parcel No. 052 as designated on Map 074-00 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 074 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 500 single family lots and one estate lot.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Extend the greenway easement along the Cumberland to Bonnamere Drive, and construct greenway per Metro Greenway standards from Bonnamere Drive to the Stones River Greenway. Provide trail head with at least five parking spaces at Bonnamere Drive.
1. Extend and construct greenway trail to Metro standards from terminus of Hickory Hill Lane to connect to existing greenway along Cumberland River with first phase of development. The greenway shall be completed with completion of the first phase of development and prior to recording the second phase. The attached exhibit provides standards for Metro Greenway to be constructed.
2. A deed shall be granted to Metro along the entire Cumberland River frontage, and shall be depicted on the final site plan and shall include a minimum of 125 acres. The deed shall be recorded prior to the first recorded plat.
3. A secondary trailhead shall be depicted on the final site plan off of Hickory Hill Lane. The developer shall construct eleven parking spaces at the trailhead that meet ADA requirements.
4. EFIS, vinyl siding and untreated wood shall be prohibited. Only brick, stone and cementitious siding shall be permitted materials for facades. No more than 50% of each residence shall be cementitious siding. A minimum 8” raised foundation is required for all residential units. All building facades fronting a street shall have a minimum 15% glazing, and one principal entrance (doorway) shall be provided along the primary street to which the structure is oriented.
2. 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 elementary schools with a capacity of 500 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 McGavock 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. or, in lieu of the above school site dedication, a donation of 5 acres adjacent to the existing Hermitage Elementary School shall be made by the developer. This alternative to the standard school site dedication is appropriate in this instance, given the proximity of the proposed development to an existing school site that could be required to expand as a result of the proposed development. Easements shall be provided by the developer so that Metro Schools can utilize the adjacent stormwater detention facilities to accommodate future expansion of the Hermitage Elementary school, including but not limited to the existing school site and the proposed donated 5 acres, serving both the proposed development, as well as the existing school. Design and Construction shall be provided by the Developer. The stormwater facilities serving both the school and the development shall be maintained by the HOA until such time as the school expansion occurs. Upon completion of the school expansion, MNPS will maintain the stormwater facilities that serve the school site.
3. Prior to the issuance of a grading permit the site must be evaluated per Tennessee State law to determine if grave sites or other historically significant archaeological features are present on the site and/or within the proposed development footprint. If graves or other archaeological significant features are found on the site, the final site plan shall be revised to ensure that these areas are not disturbed, or graves and/or other archaeological significant features shall be relocated per approval of the Tennessee State Division of Archaeology.
6. If graves are found on the site, the applicant shall notify the Tennessee State Division of Archaeology. The final site plan shall be revised to ensure that these areas are not disturbed without court approval, or graves shall be relocated as approved by the Tennessee State Division of Archaeology.
7. The existing historic home shall be preserved and shall be used for a single-family residential use or as common area for the development.
4. 8. Provide an emergency access connection at the planned extension of Mountainbrook Circle unless a permanent secondary emergency access is provided for the Ravenwood PUD at an alternative location.
5. 9. Provide a sidewalk connection with a minimum sidewalk width of five feet at the planned extension of Mountainbrook Circle.
10. All sidewalks abutting private streets shall be within a public access easement to be recorded with a final plat.
11. If approved by the Metro Traffic and Parking Commission, four-way stop signs shall be installed at following intersections: the intersections of Hickory Hill Lane and Bonnaside Drive; Plantation Drive and Bonnabrook Drive; Plantation Drive and Bonnaspring Drive; and development. The developer will pay an in lieu contribution of $225,000.00 to Metro Public Works for satisfaction of all off-site road improvements (including repaving Hickory Hill Lane to Lebanon Pike) associated with this project and Traffic and Parking conditions. These monies will be paid at the time when the first plat is recorded.
12. The development is intended for the development of homes for residents above fifty-five (55) years of age. The deed attached as an exhibit transferring the property shall reflect the intention of seller this community is for said purpose.
6. 13. 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.
7. 14.The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone. Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.
8. 15.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.
16.Gated entrances shall be designed and constructed in such a manner as not to allow a backup of vehicles in the public right of way and shall be designed and constructed to allow the safe turnaround of vehicles not able to enter the gated development. The location of gates shall be determined with the final site plan. The gates entering the neighborhood shall be constructed in a manner which does not impede access to the greenway and parking areas designed for the greenway and conservation area.

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 RS7.5 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:	September 6, 2016
Passed First Reading:	September 6, 2016
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (8-0-1) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 4, 2016
Deferred Indefinitely:	October 4, 2016
Placed back on Agenda:	April 4, 2017
Deferred:	April 4, 2017
Passed Second Reading:	April 18, 2017
Deferred to June 6, 2017:	May 2, 2017
Deferred:	June 6, 2017
Deferred:	June 20, 2017
Deferred:	July 6, 2017
Substitute Introduced:	July 18, 2017
Passed Third Reading:	July 18, 2017 - Roll Call Vote
Approved:	July 24, 2017
By:
Effective:	July 29, 2017