File #: BL2023-1914   
Type: Bill (Ordinance) Status: Passed
File created: 5/23/2023 In control: Planning and Zoning Committee
On agenda: 7/18/2023 Final action: 7/18/2023
Title: 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 amending a Specific Plan on property located at 1636 Lebanon Pike, approximately 1,000 feet west of Clovernook Drive, zoned SP (3.88 acres), to permit 48 multi-family residential units, all of which is described herein (Proposal No. 2016SP-029-003).
Sponsors: Jeff Syracuse
Attachments: 1. 2016SP-029-003_sketch, 2. 2016SP-029-003_plan

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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 amending a Specific Plan on property located at 1636 Lebanon Pike, approximately 1,000 feet west of Clovernook Drive, zoned SP (3.88 acres), to permit 48 multi-family residential units, all of which is described herein (Proposal No. 2016SP-029-003).

 

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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 amending a Specific Plan on property located at 1636 Lebanon Pike, approximately 1,000 feet west of Clovernook Drive, zoned SP (3.88 acres), to permit 48 multi-family residential units, being Property Parcel No. 049 as designated on Map 094-00 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 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 094 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 48 multi-family residential units. Short term rental properties, owner occupied and short term rental properties, not owner occupied shall be prohibited.

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

1.                     Comply with all conditions and requirements of Metro reviewing agencies. 

2.                     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

3.                     The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone.  Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk.  Vertical obstructions are only permitted within the required grass strip or frontage zone.

4.                     The Preliminary SP plan is the site plan and associated documents.  If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.

5.                     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.

6.                     Maximum building height shall not exceed four stories in 48.5 feet, measured from finished floor elevation to midpoint of rooftop and eave, as shown in the preliminary SP.

7.                     Building elevations submitted with final SP shall have building design-including massing, glazing, building materials, and façade articulation-that is substantially similar to the elevations approved with the preliminary SP.

8.                     Revise cover sheet to replace approval dates for previous SP with dates for the SP amendment.

9.                     With final SP submittal, show and clearly label the gated entrance on the site layout sheet. Work with the Fire Marshal’s office on access requirements.

10.                     With final SP submittal, cite instrument # 20210301-0025284 for the easement through the lot to the south. The proposed access location shall align with that detailed in the recorded instrument.

11.                     With final SP submittal, show a five-foot wide sidewalk along the access drive. Per previous Council bill, sidewalk shall be installed prior to issuance of use and occupancy permit.

12.                     Trees marked to be preserved shall be preserved with the final SP. Final review of landscape plan shall meet requirements of RM15-A.

 

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 RM15-A zoning district as of the date of the applicable request or application.  Uses are limited as described in the Council ordinance.

 

Section 8.                     The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.

 

Section 9.                     This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.