ORDINANCE NO. BL2011-21

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 RM9 to SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, all of which is described herein (Proposal No. 2010SP-019-001).

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 RM9 to SP zoning for property located at Old Hickory Boulevard (unnumbered), approximately 600 feet north of Central Pike (10.65 acres), to permit a mixture of commercial and/or medical uses along with a possible assisted-living facility and active senior living, being Parcel 355 on Map 086-00 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 086 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, provided that “retail” shall be a permitted use and “donation center, drop-off” shall not be a permitted use.

Section 4. Be it further enacted, that the following conditions shall apply:

1. Parking standards shall be revised to require non-UZO parking standards of the Metro Zoning Code for allowed uses.
2. References to height control plane shall be removed from bulk standards for building height.
3. A maximum density of 20 dwelling units per acre and a maximum FAR of 1.0 shall be specified within this SP. The application of maximum density and maximum FAR to assisted-living and nursing home facilities shall be defined by the Metro Zoning Code.
4. The following shall be met prior to the approval of building permits
a. The developer's final construction drawings shall comply with the design regulations established by the Department of Public Works. Final design may vary based on field conditions.
b. The access drive from Old Hickory Boulevard to the project site shall align with the existing driveway on the opposite side of Old Hickory Boulevard and shall be constructed with a minimum of 3 exiting lanes and 1 entering lane.
c. A northbound right turn lane on Old Hickory Boulevard at the proposed access drive shall be constructed with 200 feet of storage and transition per AASHTO/MUTCD standards.
d. A southbound left turn lane on Old Hickory Boulevard at the proposed access drive shall be constructed with a minimum of 200 feet of storage and taper per AASHTO/MUTCD standards.
e. Adequate sight distance at the proposed access drive and any internal drives shall be provided.
f. Roadway construction plans shall require TDOT approval.
g. A signal warrant analysis shall be conducted and submitted at 25 percent, 50 percent and 75 percent project completion or as directed by Metro traffic engineer. Signal plans, which may include pedestrian signals and facilities per ADA standards, shall be installed upon approval by the Traffic and Parking Commission. Signal design shall include communication with adjacent signals on Old Hickory Blvd. and any necessary advanced signal warning signals.
h. If a traffic signal is warranted, the intersection shall be re-evaluated to determine the need for additional improvements to ensure that the intersection operates at an acceptable level-of-service. The necessary improvements, if any, shall be based on the results of the analysis as approved by the Metro traffic engineer.
i. Upon site plan development, a focused TIS may be required to determine adequate main driveway width and any required turn lanes and to locate internal cross driveways an appropriate distance from signal in order to provide adequate lane storage at signal.
5. All requirements of Chapter 17.24 (Landscaping, buffering and tree replacement) of the Metro Zoning Code for MUL zoning shall met with any final site plan within the SP.
6. 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
7. Any requirement by Metro Public Works for off-site improvements must be limited to improvements within the public right-of-way and must be supported by an analysis approved by the Metro Traffic Engineer.
8. The existing rock wall and parking/dumpster encroachments in the buffer area and identified as A and B on the Preliminary Landscaping Plan shall be allowed to remain.
9. The northernmost portion of the property shown on the Preliminary Landscaping Plan, being bounded on the south by the existing row of pine trees that is not to be disturbed and identified by the note: “Shaded area shall not be used for buildings or parking. Drainage, detention/water quality, and utilities are permitted”, shall be maintained as open space except for those uses identified in the preceding note.

Section 5. 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 6. 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 7. 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 MUL zoning district as of the date of the applicable request or application.

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: Steve Glover

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LEGISLATIVE HISTORY

Introduced: October 4, 2011
Deferred Indefinitely: October 4, 2011
Passed First Reading:
Referred to: Planning Commission - Approved 9-0
(December 9, 2010)
Planning & Zoning Committee
Passed Second Reading:  
Passed Third Reading:  
Approved:  
By:  
Effective: