ORDINANCE BL2017-896

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 CS and RM2 to SP zoning on a portion of property located at 3711 Dickerson Pike, approximately 455 feet south of Westchester Drive (18.20 acres), to permit 260 multi-family residential units. all of which is described herein (Proposal No. 2017SP-056-001).

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 CS and RM2 to SP zoning on a portion of property located at 3711 Dickerson Pike, approximately 455 feet south of Westchester Drive (18.20 acres), to permit 260 multi-family residential units, being Property Parcel No. 076 as designated on Map 041-00 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 041 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 260 multi-family residential units.

Section 4. 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.

1. All internal sidewalks shall be a minimum of five feet (5’) in width.
2. Sidewalks 12 feet in width and a grass strip 8 feet in width shall be installed along site frontage on Dickerson Pike.
3. Applicant shall extend off-site sidewalk improvements south to existing Metro Nashville Public Schools bus stop. Sidewalks shall be 12 feet in width with a grass strip 8 feet in width.
4. Developer shall work with the local transit authority to relocate existing public bus stop further north along Dickerson Pike and to provide a new bus shelter with seating. If not possible, developer shall extend off-site sidewalk improvements to the existing MTA bus stop located at Dickerson Pike and Bellshire Drive. Improvements shall include sidewalks 12 feet in width, a grass strip 8 feet in width and a bus shelter with seating.
5. Provide shared access agreement between the developer and adjacent church property regarding emergency access point.
6. Provide elevations and details of retaining walls with Final SP submittal. Provide landscape screening for visible retaining walls.
7. Comply with all conditions of Public Works and Traffic and Parking.

Section 5. 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 6. 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 RM20-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

Section 7. 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: Nancy VanReece

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LEGISLATIVE HISTORY
Introduced:	September 5, 2017
Passed First Reading:	September 5, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 3, 2017
Passed Second Reading:	October 3, 2017
Passed Third Reading:	October 17, 2017
Approved:	October 19, 2017
By:
Effective:	October 27, 2017