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Bill BL2019-1587

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 RS5 to SP zoning for properties located at 1330, 1326 Dickerson Pike, Elmhurst Pike (unnumbered) and 136, 138 Elmhurst Pike, at the northwest corner of Lucile Street and Dickerson Pike and within the Dickerson Pike Sign Urban Design Overlay District (4.54 acres), to permit a maximum of 221 multi-family residential units, all of which is described herein (Proposal No. 2019SP-002-001).

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 RS5 to SP zoning for properties located at 1330, 1326 Dickerson Pike, Elmhurst Pike (unnumbered) and 136, 138 Elmhurst Pike, at the northwest corner of Lucile Street and Dickerson Pike and within the Dickerson Pike Sign Urban Design Overlay District (4.54 acres), to permit a maximum of 221 multi-family, residential units, being Property Parcel Nos. 181, 182, 183, 184, 185 as designated on Map 071-10, Property Parcel No. 010 as designated on Map 071-11, Property Parcel Nos. 269, 270, 271, 272 as designated on Map 071-14, Property Parcel Nos. 001, 002 as designated on Map 071-15 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 071 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 221 multi-family residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. 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.
2. 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, 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.

Section 6. 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 7. 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 RM60-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

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.

Sponsor(s)

Scott Davis

Related Documents

Legislative History

IntroducedApril 2, 2019

Passed First ReadingApril 2, 2019

Referred toPlanning Commission - Approved with conditions, disapproved without all conditions (8-0-1) on 03/14/2019
Planning, Zoning, and Historical Committee

Public Hearing Scheduled forMay 7, 2019

Passed Second ReadingMay 7, 2019

Passed Third ReadingMay 21, 2019

ApprovedMay 22, 2019

ByMayor Briley's signature

EffectiveMay 24, 2019

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 05/24/2019 6:05 PM