ORDINANCE NO. BL2017-634

ORDINANCE NO. BL2017-634

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 R40 to SP zoning on property located at 621 A Hill Road, approximately 360 feet east of Trousdale Drive, within a Planned Unit Development Overlay District (26.6 acres), to permit up to 31 residential units, all of which is described herein (Proposal No. 2016SP-093-001).

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 R40 to SP zoning on property located at 621 A Hill Road, approximately 360 feet east of Trousdale Drive, within a Planned Unit Development Overlay District (26.6 acres), to permit up to 31 residential units, being Property Parcel No. 192 as designated on Map 160-00 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 on Map 160 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 31 single family lots.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected set at final site plan, remove the pedestrian access easement between Lots 5 and 6 from the plan.
2. A pedestrian connection shall be constructed within the 15-foot pedestrian access easements shown on the plan between Lots 28 and 29. The connection shall be a mulched trail a minimum of five feet in width and shall extend from the proposed sidewalk along the internal access road to a point even with the proposed western lot lines of Lots 28 and 29. The connection shall be depicted on the Final Site Plan with a note that the connection is to be maintained by the Homeowners Association.
3. A variance to the Metro Subdivision Regulations standard for the maximum length of a dead-end street is approved as part of this Preliminary SP.
4. Height shall be limited to a maximum of 2 ½ stories in 35 feet.
5. Building elevations consistent with the architectural standards shall be submitted with the submission of the final site plan.
6. 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. 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. 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 RS40 zoning district 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.

LEGISLATIVE HISTORY
Introduced:	March 7, 2017
Passed First Reading:	March 7, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (8-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	April 4, 2017
Passed Second Reading:	April 4, 2017
Amended:	April 18, 2017
Passed Third Reading:	April 18, 2017
Approved:	April 19, 2017
By:
Effective:	April 21, 2017