ORDINANCE NO. BL2009-596
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 R8 and AR2a to SP zoning for property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, all of which is described herein (Proposal No. 2009SP-024-001).
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 R8 and AR2a to SP zoning property located at Old Hickory Boulevard (unnumbered) and a portion of property located at Murfreesboro Pike (unnumbered), at the southeast corner of Murfreesboro Pike and Hobson Pike (12.91 acres), to permit the development of 112 residential dwelling units and 20,000 square feet of retail or office uses in 2 structures, as being Part of Property Parcel No. 201 and Property Parcel No. 272 as designated on Map 164-00 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. 164 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 residential, office and retail.
Section 4. 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 5. 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 6. 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 CS zoning district for commercial buildings and the property shall be subject to the standards, regulations and requirements of the RM9 zoning district for residential buildings as of the date of the applicable request or application.
Section 7. Be it further enacted, that all development within the boundaries of this plan shall meet the requirements of the Americans with Disabilities Act and the Fair Housing Act.
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: Sam Coleman
AMENDMENT NO. 1
ORDINANCE NO. BL2009-596
I move to amend Ordinance No. BL2009-596 by modifying it as follows:
By adding the following new Sections 3 and 4 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions shall be met:
1. The corrected copy of the preliminary site plan shall include a land use table including only those uses permitted by the SP.
2. All Public Works requirements regarding street, alley, driveway and sidewalk construction, garage placement, sidewalk connections shall be met.
Section 4. Be it further enacted, that the following conditions shall be met prior to final SP site plan approval:
1. Any garage door opening facing a street shall have a maximum opening width of 10 feet and the driveway for each unit shall have a maximum width of 12 feet at the garage entrance. Door panels shall be modest in scale and architecturally integrated with each dwelling unit. and the front setback of the primary pedestrian entrance shall be shorter than or equal to the front setback of the garage door.
2. Building frontages shall clearly identify the primary pedestrian entrance toward the street, which shall be separate from vehicular entrances. Pedestrian entryways shall be 100 percent visible, oriented to and accessible from street/pedestrian plaza/parks. All primary public entrances shall have a paved connection to the project’s sidewalk network.
3. Open spaces in the plan shall be fronted with primary facades of buildings; no rear elevations shall face open space.
4. Parking areas for proposed retail buildings shall be screened from Hobson Pike and the private drive to the rear of the buildings with a masonry wall (brick or stone) or a consistent visual landscaping screen with a minimum height of 3 feet and a maximum height of 4 feet.
5. No parking for the retail buildings shall have a shorter setback than the front façade of each retail building along Hobson Pike.
6. A letter shall be obtained from Tennessee Department of Environment and Conservation or a botanical inventory from a qualified biologist stating if endangered species exist on this site. Presence of endangered species may require modification to the plan.
7. The SP plan shall include sign details, including proposed sign placement for building and ground signs. In addition to signs prohibited by Section 17.32.050 of the Metro Zoning Ordinance, prohibited signs include roof mounted signs, pole mounted signs, billboards, and signs that flash, rotate, scintillate, blink, flicker or vary in intensity or color, including all electronic signs. Monument signs shall have a maximum sign area of 48 square feet and shall not exceed six feet in height or three feet in height if any portion of the sign is located within 15 feet of the driveway.”
Sponsored by: Sam Coleman
|Introduced:||December 1, 2009|
|Passed First Reading:||December 1, 2009|
Planning & Zoning Committee
|Passed Second Reading:||January 5, 2010|
|Amended:||January 19, 2010|
|Passed Third Reading:||January 19, 2010|
|Approved:||January 20, 2010|
|Effective:||January 25, 2010|