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 portion of a Specific Plan for property located at Bell Road (unnumbered) and to add properties located at 1456 Bell Road and a portion of property located at Bell Road (unnumbered) to the amended SP, at the eastern and western corners of Bell Road and Harris Hills Lane, zoned Agricultural/Residential (AR2a) and Specific Plan (SP) (22.43 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2007SP-037-003).
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 amending a portion of a Specific Plan for property located at Bell Road (unnumbered) and to add properties located at 1456 Bell Road and a portion of property located at Bell Road (unnumbered) to the amended SP, at the eastern and western corners of Bell Road and Harris Hills Lane, zoned Agricultural/Residential (AR2a) and Specific Plan (SP) (22.43 acres), to permit a mixed-use development, being Property Parcel No. 114 as designated on Map 162 and Property Parcel Nos 001 and Part of 900 as designated on Map 162-15-0-A 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 that 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 162 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 41,000 square feet of nonresidential uses and 316 multi-family residential units in District 1 only. Nonresidential uses shall be per MUL-A zoning, except for the following uses which shall be prohibited from the entire SP amendment area: Short term rental property, owner occupied and short term rental property, not owner occupied, monastery or convent, orphanage, dormitory, bar or nightclub, car wash, donation center/drop off, flea market, hotel/motel, inventory stock, distributive business/wholesale, warehouse, bus transfer station, commuter rail, power/gas substation, waste water treatment, water treatment plant, wind energy facility (small), construction/demolition waste processing, recycling collection center, club, commercial amusement (outside), golf course, and greenway.
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 purpose note and permitted uses to reflect the Permitted Uses condition.
2. On the corrected copy, update all “commercial” references to “nonresidential.”
3. On the corrected copy, add the following note: All mechanical units shall be screened from the right-of-way by landscaping or an enclosure, or a combination of both. Screening details are to be submitted with the final site plan.
4. On the corrected copy, add the following note: All parking areas shall be screened by landscaping from the public right-of-way.
5. No changes or increase in units are approved on the remainder of the SP site (approximately 24.83 acres) within the District 2 and 3 areas.
6. Nonresidential uses shall be limited to the areas identified as proposed Lot 1 and proposed Lot 2 on the preliminary SP plan.
7. A tree preservation plan will be required with the final site plan submittal.
8. 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.
9. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards and conceptual elevations outlined on the preliminary SP for review and approval.
10. The final site plan shall depict any 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.
11. 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.
12. 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.
13. A final plat may be required prior to permitting.
14. No master permit or HPR shall be recorded on the property prior to final site plan approval.
15. The applicant shall continue to work with community members on the development of a pocket park in the vicinity of the former cemetery.
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 MUL-A-NS zoning district for nonresidential uses, and RM20-NS for residential uses 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.