ORDINANCE NO. BL2017-655

An ordinance ratifying Ordinance No. BL2015-1094 which amended Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OG and RM40 to SP zoning for property located at 109 and 123 Bosley Springs Road, approximately 530 feet west of Harding Pike and located within the Harding Town Center Urban Design Overlay District (13.12 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2013SP-018-001).

WHEREAS, the Metropolitan Council adopted Ordinance No. BL2015-1094 on third and final reading on May 5, 2015 amending the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from OG and RM40 to SP zoning for 13.12 acres property located at 109 Bosley Springs Road (Parcel ID No. 10315001800) and 123 Bosley Springs Road (Parcel ID No. 10315002300), approximately 530 feet west of Harding Pike and located within the Harding Town Center Urban Design Overlay District, to permit a mixed use development; and

WHEREAS, the validity of Ordinance No. BL2015-1094 was challenged in the cases of Richland Creek Watershed Alliance, Inc. v. The Metropolitan Government of Nashville and Davidson County, Tennessee, et al, Docket No 15-0643-II (I), Chancery Court for Davidson County, Tennessee and Sherrie Carroll v. The Metropolitan Government of Nashville and Davidson County, Tennessee, et al, Docket No 16-1046-I, Chancery Court for Davidson County, Tennessee (collectively the “Litigation”); and

WHEREAS the parties to the Litigation have reached a settlement of the Litigation which requires minor modifications to the SP plan approved by Ordinance No. BL2015-1094.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan Council ratifies the adoption of Ordinance No. BL2015-1094 amending Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, 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 OG and RM40 to SP zoning for property located at 109 and 123 Bosley Springs Road, approximately 530 feet west of Harding Pike and located within the Harding Town Center Urban Design Overlay District (13.12 acres), to permit a mixed use development, being Property Parcel Nos. 018, 023 as designated on Map 103-15 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 103 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 those uses outlined in the SP plan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Prior to the issuance of any use and occupancy permit on Parcel B, impervious areas located on Parcel A shall be removed and revegetated. Other remediation work shall also be conducted as approved by Metro Stormwater and may include but is not limited to bank restoration, and tree plantings, and shall be completed prior to the issuance of any use and occupancy permit on Parcel B.
2. Development in the SP may precede, follow or develop concurrently with the projected transportation improvements contained in the UDO, so long as the configuration of proposed development does not preclude the implementation of the transportation recommendations outlined in the UDO.
3. A Traffic Impact Study (TIS) shall be required prior to the approval of any final site plan.
4. Prior to the approval of any final site plan the area within Parcel A and the area within the floodway of Parcel B shall be placed within a conservation easement.
5. Prior to the issuance of any use and occupancy permit on Parcel B, stormwater buffers consistent with those on the SP plan shall be established on Parcel B and on the adjoining property of Saint Thomas West Hospital located at 4220 Harding Pike (Parcel ID No. 10315002200) (the “Main Campus Property”), provided that the buffer may be disturbed at the property line between Parcel B and Main Campus Property to permit an access drive to Parcel A.

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 MUI zoning district and the Harding Town Center Urban Design Overlay 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: Kathleen Murphy

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2017-655

Mr. President:

I move to amend Ordinance No. BL2017-655 as follows:

I. By amending Section 1 to substitute the plan referenced with the attached plan (consisting of the site plan last revised 3/7/2017 and the vision booklet with pages 15 and 16 revised March 13, 2017), which is attached hereto and incorporated herein.

II. By amending Section 4 by adding the following condition:

6. Upon the completion by the Metropolitan Government of the plan for greenways to be located on Parcel A and prior to the issuance of any use and occupancy permit on Parcel B, the owner of Parcel A shall offer to grant greenway easements to the Metropolitan Government without payment by the Metropolitan Government for the acquisition of the greenway easements.

Sponsored by: Kathleen Murphy

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LEGISLATIVE HISTORY
Introduced:	March 21, 2017
Passed First Reading:	March 21, 2017
Referred to:	Planning Commission - Approved with conditions, and disapproved without all conditions (6-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	May 2, 2017
Passed Second Reading:	May 2, 2017
Deferred:	May 16, 2017
Amended:	June 6, 2017
Passed Third Reading:	June 6, 2017
Approved:	June 7, 2017
By:
Effective:	June 9, 2017