ORDINANCE NO. BL2009-514
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 making applicable the provisions of a request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, all of which is described herein (Proposal No. 2009P-003-001).
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 making applicable the provisions of a property located at a request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, as being Property Parcel No.192 and part of Property Parcel Nos. 002, 230 as designated on Map 174-00 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. 174 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 following conditions be completed, bonded, or satisfied as specifically required:
1. Access shall be required to Shire Drive with final site plan approval unless a written statement from the gas company prohibiting the crossing at this location is submitted to the Planning Department prior to final site plan.
2. Prior to the recording of the first final plat for this Planned Unit Development, the conditions included in Section 4.c and 4.d of Council Bill BL2002-1223 (Proposal No. 2009Z-027PR-001) shall be met. If these conditions are not met, the applicant shall meet the IDA Policy requirement to provide 180 linear feet of roadway improvements within the Infrastructure Deficiency Area as required by the Community Plan policy. The exact area of roadway to be improved will be determined by Public Works prior to the recording of the first final plat.
3. Eighty percent (80%) TSS removal shall be required for the Water Quality treatment.
Section 4. Be it further enacted, that a final corrected copy of the PUD master development 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 this ordinance. If a final corrected copy of the PUD plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the PUD plan shall be presented to the Metro Council as a new preliminary PUD master development plan 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 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. BL2009-514
I move to amend Ordinance No. BL2009-514 by amending Section 3 by adding the following conditions at the end thereof:
“4. No connection road shall be permitted between Shire Road and Preston Road.
5. All homes constructed on lots fronting Preston Road shall have a brick or stone exterior on all four sides and shall have a minimum of 2,600 square feet of livable space.
6. All other homes constructed within the Planned Unit Development shall have a brick or stone front with the other three sides having a masonry façade (brick, stone, or masonry siding) and shall have a minimum of 2,100 square feet of livable space.
7. The developer of the Planned Unit Development, to the extent practical, shall give thirty days advanced written notice to potentially affected residents prior to any blasting activity. A trencher shall be utilized for all excavation when possible as opposed to blasting.”
Sponsored by: Sam Coleman
|Introduced:||August 6, 2009|
|Passed First Reading:||August 6, 2009|
Commission - Approved 7-1
(July 23, 2009)
Planning & Zoning Committee
|Deferred to November 3, 2009:
September 1, 2009
|Amended:||November 3, 2009|
|Passed Second Reading:||November 3, 2009|
|Passed Third Reading:||November 17, 2009|
|Approved:||November 19, 2009|
|Effective:||November 23, 2009|