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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 changing from AR2A to SP zoning for properties located at 7102 Burkitt Road and 7216 Old Burkitt Road, at the northeast corner of Old Burkitt Road and Burkitt Road (14.90 acres), to permit 288 multi-family residential units, all of which is described herein (Proposal No. 2024SP-008-001).
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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 changing from AR2A to SP zoning for properties located at 7102 Burkitt Road and 7216 Old Burkitt Road, at the northeast corner of Old Burkitt Road and Burkitt Road (14.90 acres), to permit 288 multi-family residential units, being Property Parcel No. 005 and 020 as designated on Map 186 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 186 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 288 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. On the corrected copy, include the number of parking spaces shown on the plan.
2. On the corrected copy, remove the trees shown within the dedicated ROW to the north of the site.
3. On the corrected copy, the plan shall be updated to clearly show full road improvements. Along Burkitt Road, the plan shall meet the MCSP requirements, including the 8-foot-wide sidewalk as shown and a 6-foot-wide planting strip. Old Burkitt Road shall include a 5-foot-wide sidewalk and 4-foot-wide planting strip per local street standards.
4. On the corrected copy, the proposed right-of-way dedication along Burkitt Road shall be measured from centerline of the existing right-of-way to the proposed property line.
5. On the corrected copy, update note 4 under NDOT Requirements below the Sheet Schedule on the Coversheet to revise the sidewalk width to be 5 feet, as required on local roads.
6. On the corrected copy, update the development summary to reflect 4 stories in 60’ to match the notes. Correct the height measurement standard per note 4 under Specific Plan Notes.
7. On the corrected copy, update note 23 under Specific Plan notes to state RM20-A.
8. With the final site plan, applicant shall coordinate with NDOT and Planning on timing of public road extension construction.
9. With the final site plan, a continuous internal sidewalk network shall be provided to provide pedestrian connections to buildings, amenity areas, and public sidewalks to the extent feasible.
10. With the final site plan, elevations consistent with the elevations shown in the preliminary SP shall be provided.
11. With the final site plan, the location and screening details of all dumpsters and mechanical equipment to be provided and reviewed by Staff.
12. With the final site plan, details regarding the limits of disturbance in the area designated by “Special Note” to be reviewed by staff. The proposed path through shall limit disturbance and tree removal and be comprised of pervious material with details provided at the final site plan.
13. Stories shall be defined as per Metro Code. No covered rooftop amenities are permitted.
14. No master permit/HPR shall be recorded prior to final SP approval.
15. Final plat may be required prior to permitting.
16. 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.
17. 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.
18. 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.
19. Comply with all conditions and requirements of Metro reviewing agencies.
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 RM20-A zoning district as of the date of the applicable request or application. Uses are limited as described in 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.