ORDINANCE BL2017-917

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 RS7.5 to SP zoning on properties located at 3474 Dickerson Pike and Dickerson Pike (unnumbered), west of the terminus of Old Due West Avenue (18.04 acres), to permit the development of up to 267 multi-family units, clubhouse, associated amenities and up to 15,000 square feet of commercial space along Dickerson Pike, all of which is described herein (Proposal No. 2017SP-051-001).

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 RS7.5 to SP zoning on properties located at 3474 Dickerson Pike and Dickerson Pike (unnumbered), west of the terminus of Old Due West Avenue (18.04 acres), to permit the development of up to 267 multi-family units, clubhouse, associated amenities and up to 15,000 square feet of commercial space along Dickerson Pike, being Property Parcel Nos. 048, 105 as designated on Map 050-00 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 050 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 267 multi-family residential units and up to 15,000 square feet of non-residential uses. Non-residential uses shall be permitted only adjacent to Dickerson Pike and shall be limited to those uses permitted by MUG zoning, except short term rental property, alternative financial services, non-residential drug treatment facility, and sexually oriented.

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. Sidewalks five feet (5’) in width with a planting strip four feet (4’) in width shall be installed at the access easement with adjoining property to the south of the site.
2. Right-of-way shall be dedicated along Dickerson Pike to provide 51 feet of right-of-way from centerline according to MCSP standards.
3. Sidewalks twelve feet (12’) in width and a planting strip eight feet (8’) in width shall be installed along site frontage on Dickerson Pike.
4. Submit copy of recorded access agreement between this property and the adjacent PUD property prior to Final SP. If access is not granted, then plan and Traffic Impact Study are to be revised to show additional connection to Dickerson Road. Also, applicant shall work with Planning Staff to develop secondary point of access.
5. Final architectural elevations shall be submitted with the Final SP, and shall be consistent with submitted conceptual elevations.
6. Internal shared sidewalks shall be installed and shall be a minimum of five feet (5’) in width.
7. The following design standards shall be added to the plan:
a. Windows shall be vertically oriented at a ratio of 1.5:1 or greater, except for dormers or egress windows.
b. EIFS, vinyl siding and untreated wood shall be prohibited.
8. 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 Hunters Lane 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.
9. 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.
10. 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.
11. The final site plan shall label all internal driveways as “Private Driveways”. A note shall be added to the final site plan that the driveways shall be maintained by the Homeowner’s Association.
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, 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: Brenda Haywood

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LEGISLATIVE HISTORY
Introduced:	October 3, 2017
Passed First Reading:	October 3, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (6-0) Planning, Zoning, & Historical Committee
Deferred to January 2, 2018:	November 7, 2017
Public Hearing Scheduled For:	January 2, 2018
Passed Second Reading:	January 2, 2018
Passed Third Reading:	January 23, 2018
Approved:	January 29, 2018
By:
Effective:	February 2, 2018