ORDINANCE NO. BL2011-933
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 RS40 to SP zoning for property located at 7836 Old Harding Pike, at the intersection of Learning Lane and Old Harding Pike (1.26 acres), to permit a daycare center, all of which is described herein (Proposal No. 2011SP-011-001).
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 RS40 to SP zoning for property located at 7836 Old Harding Pike, at the intersection of Learning Lane and Old Harding Pike (1.26 acres), to permit a daycare center, being Property Parcel No. 088 as designated on Map 155-00 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 attached sketch, which is attached to 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 155 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 those uses shown on the plan.
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 CL zoning district as of the date of the applicable request or application.
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: Bo Mitchell
AMENDMENT NO. 1
ORDINANCE NO. BL2011-933
I move to amend Ordinance No. BL2011-933 by modifying it as follows:
By adding the following new Section 4 and renumbering the following sections of the Ordinance accordingly:
“Section 4. be it further enacted, that the following conditions be complete, bonded or satisfied as specifically required:
1. The following conditions shall be added as notes to the corrected copy of the SP plan and shall be completed, bonded or satisfied as specifically required:
a. A fence will be required to surround all play areas as required by the Zoning Code.
b. Freestanding signs shall be limited to ground signs with a height to a maximum of 6 feet. No pole signs shall be permitted. All other signage standards shall comply with the CL standards of the Zoning Code.
c. Note No. 5 on page C-1.00 shall be changed to read as follows: “Proposed daycare will serve a maximum of 190 individuals.”
d. A type C landscape buffer shall be provided along property lines shared with single-family residential lots.
e. The developer shall install a six-foot aluminum fence and remove one 20-inch diameter and one 24-inch diameter oak tree behind the property located at 7205 Magnolia Hills Drive.
f. The applicant shall connect the existing sidewalk that terminates at the eastern property line on Old Harding Pike to the sidewalk planned within the proposed Bellevue Academy site. Approximately 230 feet of new sidewalk shall be provided along the property frontage and continue the sidewalk along Learning Lane terminating at the existing sidewalk at the Harpeth Valley Elementary School exit drive. Pedestrian facilities should be provided for the existing crosswalk at the signalized intersection. Pedestal poles with pushbuttons and countdown pedestrian signal heads shall be provided on the northwest and southwest corners of the intersection. All pedestrian facilities shall conform to Metro and ADA standards.
2. Prior to building permit approval, a plat shall be recorded to align the front property line according to the right-of-way dedication shown on the preliminary site plan.
3. All requirements of Chapter 17.24 (Landscaping, buffering and tree replacement) of the Metro Zoning Code for CL zoning shall be met with any final site plan within the SP.
4. On the initiation of the operation of the daycare center, or as specifically required, the following actions shall be taken:
a. The applicant shall employ a trained traffic control officer/manager to work with the Harpeth Valley Elementary School administration and crossing guards to improve the arrival and dismissal traffic management program for Harpeth Valley Elementary School. In addition, the traffic control officer shall be responsible for actively managing the traffic entering and exiting the Bellevue Academy daycare site during the arrival and dismissal times of Harpeth Valley Elementary School. The requirement to provide active traffic management by the applicant may be re-evaluated in the future by the Metro Traffic Engineer at the request of the applicant.
b. When directed by the Metro Traffic Engineer, the applicant shall convert the eastbound through lane at the intersection of Learning Lane and Old Harding Pike into a shared left turn/through lane. This will include adding a three section signal head for left turns, realigning the existing signal heads, and striping a two foot by four foot white lane line extension. The signal timing shall be adjusted to include eastbound/westbound split signal phasing. The decision to implement this modification shall be based upon a favorable recommendation from the supplemental traffic letter/report that will be required of the applicant. These improvements shall be bonded when the project is permitted for construction.
c. The applicant shall submit a traffic letter/report along with supporting documentation completed by the applicant's traffic engineer to Metro Public Works for review and approval. The study shall describe and evaluate the operation of the development during arrival and dismissal of Harpeth Valley Elementary School and shall be submitted at least six months following the issuance of the use and occupancy permit. At the discretion of the Metro Traffic Engineer, the applicant may be required to submit the report at an earlier time. Based on the findings of the report, additional conditions may be required and may include: modification/relocation of the proposed driveway/access, modification to the traffic management plan, or further modification to the traffic signal operation. If additional conditions are required or if the development is not operating at full capacity six months after the use and occupancy permit is issued, the Metro Traffic Engineer may require additional future analysis of the driveway operation.
d. The applicant shall modify the operation of the existing traffic signal at the intersection of Learning Lane and Old Harding Pike. This shall include installing vehicle detection for the Old Harding Pike approaches and adding a right turn overlap phase and signal head for the southbound right turn movement from Old Harding Pike onto Learning Lane. Signal operation & timing changes shall be developed to accommodate the Harpeth Valley Elementary School and the Bellevue Academy daycare traffic.”
Sponsored by: Bo Mitchell
|Introduced:||June 7, 2011|
|Passed First Reading:||June 7, 2011|
Planning & Zoning Committee
|Passed Second Reading:||July 5, 2011|
|Amended:||July 19, 2011|
|Passed Third Reading:||July 19, 2011|
|Approved:||July 21, 2011|
|Effective:||July 25, 2011|