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 changing from RS7.5 to SP zoning for property located at Mulberry Downs Circle (unnumbered) and a portion of property located at Dickerson Pike (unnumbered), approximately 930 feet west of Dickerson Pike, (25.43 acres), to permit up to 149 multi-family units, all of which is described herein (Proposal No. 2022SP-014-001).
body
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 RS7.5 to SP zoning for property located at Mulberry Downs Circle (unnumbered) and a portion of property located at Dickerson Pike (unnumbered), approximately 930 feet west of Dickerson Pike, (25.43 acres), to permit up to 149 multi-family units, being Property Parcel Nos 173 and a portion of Property Parcel NO. 046 as designated on Map 050-00 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 050 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 26 multi-family units. Prohibited Uses: Short term rental property owner-occupied and short term rental property not owner-occupied
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected plan set, on page 2, remove the second to last bullet point.
2. On the corrected plan set, revise all references to the fallback zoning as RM9-NS.
3. With the Final SP, a landscape buffer shall be added along the western property line where private alleys abut the property line.
4. A minimum of eight bicycle parking spaces shall be publicly available on the site.
5. With the final site plan, provide a sidewalk connection from the site to Dickerson Pike. If Planning and NDOT determine that it is not feasible to construct the sidewalk, additional pedestrian improvements may be required.
6. Any right-of-way dedication necessary for construction of the sidewalk connection from the site to Dickerson Pike shall be dedicated prior to approval of any final site plan.
7. The existing bike lane shall remain on Mulberry Downs Circle unless otherwise decided by Planning and NDOT at the time of Final SP.
8. With the landscape plan submitted at Final SP, additional screening of alleys and/or surface parking may be required.
9. 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.
10. 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.
11. 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.
12. 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-NS 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.