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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 portion of the preliminary plan for property located at Eagle View Boulevard (unnumbered), at the northeast corner of Eagle View Boulevard and Baby Ruth Lane, zoned MUL and RM9 (14.57 acres) and within the Ridgeview Urban Design Overlay District, to permit 376 multi-family residential units, all of which is described herein (Proposal No. 2003UD-003-011).
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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 portion of the preliminary plan for property located at Eagle View Boulevard (unnumbered), at the northeast corner of Eagle View Boulevard and Baby Ruth Lane, zoned MUL and RM9 (14.57 acres) and within the Ridgeview Urban Design Overlay District, to permit 376 multi-family residential units, being Property Parcel No. 122 as designated on Map 163 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 plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and the 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 163 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 portion of the UDO plan shall be limited to a maximum of 376 multi-family residential units in Sections VI and VII. 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. On the corrected copy, update the Existing UDO diagram on Sheet C1.1 to reflect the 2019 modifications.
2. Prior to or with any additional development applications for this property, the applicant shall provide the Planning Department with a corrected copy of the modified UDO plan.
3. With the final site plan, all mechanical units shall be located on the sides of units and be screened with additional landscaping, subject to Planning Staff review.
4. With the final site plan, provide architectural elevations complying with all architectural standards and conceptual elevations outlined on the preliminary SP for review and approval.
5. The Preliminary 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.
6. For the internal private drives, 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.
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. Comply with all conditions and requirements of Metro reviewing agencies.
9. A corrected copy of the preliminary plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.
10. No master permit/HPR shall be recorded prior to final SP approval.
11. Final plat may be required prior to permitting.
Section 5. Be it further enacted that a corrected copy of the amended UDO plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary UDO plan incorporating the conditions of approval 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 preliminary UDO plan shall be presented to the Metro Council as an amendment to this UDO 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, minor modifications to the preliminary 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 plan and/or Council approval, the property shall be subject to the standards, regulations, and requirements of the UDO, as of the date of the applicable request or application.
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.