ORDINANCE NO. BL2017-757

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 the Evergreen Hills SP on properties located at 13880 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 2,250 feet east of Pettus Road, zoned SP-MR (188.7 acres), to permit 634 residential lots, all of which is described herein (Proposal No. 2006SP-181-001).

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 amending the Evergreen Hills SP on properties located at 13880 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 2,250 feet east of Pettus Road, zoned SP-MR (188.7 acres), to permit 634 residential lots, being Property Parcel Nos. 011, 214, 221 as designated on Map 182-00 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 through 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 182 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 634 single-family lots.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Lots 510, 511, and 513 shall be designated as critical lots and will require an approved critical lot plan before building permit approval.
2. With the submittal of the final site plan, a minimum street frontage of 75 feet shall be required for the pocket parks which do not contain water quality bio retention ponds. Signage indicating a public park is also required.
3. 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 Cane Ridge 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.
4. Comply with all conditions of Public Works in regards to the TIS.

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 RS5 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.

Sponsored by: Fabian Bedne

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LEGISLATIVE HISTORY
Introduced:	June 6, 2017
Passed First Reading:	June 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	July 6, 2017
Passed Second Reading:	July 6, 2017
Passed Third Reading:	July 18, 2017
Approved:	July 24, 2017
By:
Effective:	July 29, 2017