ORDINANCE NO. BL2009-566
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 R10 to SP zoning for property located at 2518 Old Smith Springs Road, approximately 1,090 feet east of Ned Shelton Road (2.29 acres), to permit a single-family residence with guest house, and detached garage, and up to 7,600 square feet of office use, all of which is described herein (Proposal No. 2009SP-013-001).
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 R10 to SP zoning for property located at 2518 Old Smith Springs Road, approximately 1,090 feet east of Ned Shelton Road (2.29 acres), to permit a single-family residence with guest house, and detached garage, and up to 7,600 square feet of office use, as being Property Parcel No. 334 as designated on Map 135-00 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 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 Sheet No. 135 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 a corrected copy of the preliminary SP plan incorporating the
conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. If a corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 4. Be it further enacted, that 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 in the plan that is part of this ordinance.
Section 5. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the MUN zoning district as of the date of the applicable request or application.
Section 6. 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: Vivian Wilhoite
AMENDMENT NO. 1
ORDINANCE NO. BL2009-566
I move to amend Ordinance No. 2009-566 by modifying it as follows:
By adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The only permitted use for the office building shall be office for a research service.
2. Office structure shall appear to be a wooden barn-like building with a maximum height of 35 feet measured from grade at the back of the building.
3. The parking area surface behind the office building shall be constructed with pavers.
4. The lighting for parking area behind the office building shall be at ground level.
5. The landscape buffer along the north property line shall be densely planted with evergreens to a depth of 50 ft.
6. No sidewalk, nor contribution in lieu thereof, shall be required along the property frontage of Smith Springs Road.
7. Plans for solid waste disposal and recycling collection shall be reviewed and approved by the Department of Public Works Solid Waste Division.
8. A driveway ramp with a minimum width not less than fifteen feet shall be constructed and located outside of the Smith Springs Road/Old Smith Springs Road curb return street corners, and clear of utility poles, drainage structures, signs, fire hydrants, etc.
9. The Planning Commission shall approve a final site plan for any Bed and Breakfast Inn or Homestay to determine the appropriate number of rooms, traffic impacts, and to determine if any additional conditions are necessary to address neighborhood compatibility. Prior to any final site plan approval for the Bed and Breakfast Inn or Homestay use, the use shall be defined in the SP, and any proposed Bed and Breakfast Inn or Homestay shall be owner occupied as specified in Section 17.16.160.A.2 of the Metro Zoning Code.”
Sponsored by: Vivian Wilhoite
|Introduced:||October 6, 2009|
|Passed First Reading:||October 6, 2009|
Commission - Approved 6-0-1
October 22, 2009
Planning & Zoning Committee
|Passed Second Reading:||November 3, 2009|
|Amended:||November 17, 2009|
|Passed Third Reading:||November 17, 2009|
|Approved:||November 19, 2009|
|Effective:||November 23, 2009|