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Bill BL2018-1370 (as amended)

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 R20 to SP zoning on property located at 1120 Glendale Lane, at the northwest corner of Glendale Lane and Scenic Drive, (19.87 acres), to permit 31 single-family lots or a community education use of up to 200 persons, a religious institution, an orphanage, or a day care center (over 75), all of which is described herein (Proposal No. 2018SP-017-001).

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 R20 to SP zoning on property located at 1120 Glendale Lane, at the northwest corner of Glendale Lane and Scenic Drive, (19.87 acres), to permit 31 single-family lots and/or a community education use of up to 200 persons, a religious institution, an orphanage, or a day care center (over 75), being Property Parcel No. 018 as designated on Map 131-08 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 131 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 31 single-family lots or a community education use of up to 200 persons, a religious institution, an orphanage, or a day care center (over 75). Only one institutional use shall be permitted at one time.

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

1. In the event that any structures are demolished, the developer shall work with the Metro Historical Commission staff and appropriate consultants, if the staff deems necessary, to document the property through plans and photographs, according to guidelines outlined by the Historic American Buildings Survey (HABS) and provide interpretive materials/markers as appropriate. The developer shall also, if deemed appropriate by the staff of the Metropolitan Historical Commission, salvage materials from the buildings.

2. Required parking for all uses shall be provided in accordance with the requirements of the Metro Zoning Code.

3. A five foot sidewalk and four foot planting strip shall be installed along Duncanwood Court, Granny White Court, and Glendale Lane.

4. With the submittal of the final site plan for institutional phase, a traffic impact study (TIS) shall be submitted. Recommendations of the TIS, as approved by Metro Public Works and Metro Planning staff, shall be constructed prior to the issuance of use and occupancy permits.

5. A Tree Preservation Plan, including an inventory of existing trees, shall be completed and used to save as many trees as possible prior to Final SP submittal. The tree inventory shall include tree size, species, and tree health. The developer shall perform compensatory tree planting of trees of a minimum of four (4) caliper inches at a quantity equal to 1.00 times the cumulative caliper inches of trees removed from the site during the clearing and grubbing phase of construction. Additional trees provided pursuant to this compensatory planting requirement shall be bonded for a period of two (2) years, subject to the subsequent inspection of the Urban Forester of the Metropolitan Government. In the event that the Urban Forester determines that: (a) the site does not provide for adequate required yard space to accommodate the total number of required trees; or (b) the unique soil types, topography, and/or unusual nature of the site would not assure growth of such trees, the developer may contribute to the tree bank an amount of money equal to the costs of providing the required density, according to a schedule to be promulgated by the Urban Forester, consistent with the requirements of section 17.40.480 of the Metropolitan Code of Laws. The developer shall engage with a certified arborist to evaluate tree health prior to Final SP Submittal. A field-located tree survey shall be provided within proximity of proposed disturbance on healthy trees of twenty-four (24) caliper inches or greater. The developer and/or landscape architect shall coordinate specimen trees to be maintained with the Urban Forester. Healthy perimeter trees within twenty feet (20') of the property line shall remain where there are no roadway/utility conflicts. The Urban Forester shall review and approve all tree removals where roadway/utility conflicts exist. Grading within existing tree driplines shall receive root pruning by a certified arborist before grading occurs. The developer shall adhere to the tree protection requirements of section 17.24.110 of the Metropolitan Code of Laws, including fencing of the tree protection zone, subject to temporary exemptions authorized by the Urban Forester. The Urban Forester shall inspect tree protection fencing installation prior to grading. The Metro Urban Forester shall approve any tree removal on site based upon a Certified Arborist Evaluation, requirements set forth by each Metro Department, and the Proposed Plan.

6. All construction traffic ingress/egress shall be restricted to only Glendale Lane. Any deviations of the construction traffic from Glendale shall be approved in advance by Metro Public Works. A construction traffic plan shall be submitted with Final SP construction plans identifying construction sequencing & phasing to meet this requirement.

7. 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.

8. The private lots shall not encroach on the stream buffer as shown on the preliminary site plan regardless of whether or not the conveyance is determined to be a stream. No lots shall encroach within thirty feet (30’) from top of the bank.

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 RS20 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)

Russ Pulley

Related Documents

Legislative History

IntroducedOctober 2, 2018

Passed First ReadingOctober 2, 2018

Referred toPlanning Commission - Disapproved (7-0) on 08/23/2018
Planning, Zoning, and Historical Committee

Public Hearing Scheduled forNovember 6, 2018

Passed Second ReadingNovember 6, 2018

Passed Third ReadingNovember 20, 2018 - Roll Call Vote

ApprovedNovember 21, 2018

ByMayor Briley's signature

EffectiveNovember 30, 2018

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

Last Modified: 01/11/2019 12:11 PM