ORDINANCE NO. BL2017-779

ORDINANCE NO. BL2017-779

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 on property located at Burkitt Road (unnumbered), north of the terminus of Westcott Lane (143.92 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2017SP-023-001).

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 on property located at Burkitt Road (unnumbered), north of the terminus of Westcott Lane (143.92 acres), to permit a mixed-use development, being Property Parcel No. 001 as designated on Map 187-00 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 187 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 all uses allowed by MUL-A zoning, including a maximum of 17,000 square feet of commercial uses, a maximum of 800 residential units, and institutional or civic uses, as specified in the plan. Live/work use as defined in the plan shall also be permitted, subject to the limitations established in the SP. Home occupation is permitted as an accessory use, as established in the SP

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The phasing plan, if altered from that presented in the Preliminary SP, shall progress generally from the south end of the property, along Burkitt Road, to the north.
2. Both of the access points and road extensions to Burkitt Road depicted on the plan shall be constructed prior to approval of Use and Occupancy permits for any multifamily units beyond a maximum of 100 units, or prior to permits for any single-family units beyond a maximum of 30 units, whichever comes first. Both road extensions shall extend to the units noted in this condition.
3. A six-foot wide sidewalk and eight-foot wide planting strip, consistent with the requirements of the Major and Collector Street Plan shall be provided along Burkitt Road for the full property frontage. The required sidewalk shall be depicted on the final site plan.
4. All future street connections depicted on the Street Network sheet shall be built to the property line. If a temporary turnaround is required by Public Works or Fire Marshal standards, the turnaround shall be constructed so that its edge is coincident with the property line.
5. All proposed lots shall be required to comply with the standards of the Metro Subdivision Regulations at the time of Final Plat.
6. Portions of the property that fall within Conservation Policy shall be undisturbed and existing vegetation shall be maintained.
7. At Final SP for each phase or district containing independent/assisted living, the applicant shall be required to provide an exact breakdown of the number of independent living units and number of assisted living units so that parking and other requirements can be accurately reviewed. Assisted living units shall be calculated as defined in the Metro Zoning Ordinance.
8. Comply with all conditions of Public Works and Traffic and Parking in regards to traffic improvements.
9. 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 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 plat 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 plat 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.
10. Elevations for all building types consistent with the bulk and architectural standards in the Preliminary SP shall be provided with the submittal of the Final Site plan for each phase.
11. 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.
12. 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 District 1: MUL-A, District 2: RM-20-A, District 3: RM9-A, District 4: RM15-A, and District 5: RM10 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:	June 6, 2017
Passed First Reading:	June 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (6-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	July 6, 2017
Amended:	July 6, 2017
Passed Second Reading:	July 6, 2017
Passed Third Reading:	July 18, 2017
Approved:	July 24, 2017
By:
Effective:	July 29, 2017