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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 RS7.5 to SP zoning for properties located at 847 and 865 West Trinity Lane, approximately 102 feet west of Horizon Drive, (9.86 acres), to permit 250 multi-family residential units, all of which is described herein (Proposal No. 2024SP-031-001).
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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 RS7.5 to SP zoning for properties located at 847 and 865 West Trinity Lane, approximately 102 feet west of Horizon Drive, (9.86 acres), to permit 250 multi-family residential units, being Property Parcel Nos. 064 and 001 as designated on Map 070-07 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 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 070-07 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 250 multi-family residential units. Short Term Rental Property (STRP) owner occupied and 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, remove the current language from the Permitted Uses in the Bulk Standards Table on Sheet 8 and replace with: 250 multi-family residential units.
2. On the corrected copy, remove the following language from note 9 under Landscape Standards on Sheet 8, “No landscape buffer requirements of Title 17.24 shall apply.”
3. On the corrected copy, remove the current language from note 10 under Landscape Standards on Sheet 8 and replace with, “A B-5 landscape buffer shall be provided along the side and rear property lines. Where retaining walls are required in the landscape buffer to mitigate grade, additional ground plantings shall be provided and reviewed by staff with the landscaping plan included with the final site plan.”
4. In order for street trees to be counted towards TDU requirements, they must meet the requirements of 17.28.065.C.7.
5. The first final site plan and first final plat shall include the portion of the public roadway as shown on the plans as the extension of Hillside Cottage Lane.
6. Prior to the approval of the final site plan, a mandatory referral may be required to abandon the right-of-way between parcels 07007006400 and 07007006300 in order for a portion of the right-of-way to be included in the development boundaries. If the right-of-way abandonment can be accomplished with a final plat, the abandonment can occur with a final plat and not be required with the final site plan.
7. With the final site plan, vehicular access to the cell tower to be finalized. Access may not be allowed to Horizon Drive without adjacent property coordination.
8. With the final site plan, information on the design and materials of the proposed retaining walls shall be provided to staff for review and approval.
9. Building facades fronting W. Trinity Lane shall provide a minimum of one principal entrance (doorway). At time of final site plan review, staff shall evaluate the feasibility of providing pedestrian entrances and may consider modifications due to topography.
10. Comply with all conditions and requirements of Metro Reviewing Agencies.
11. 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.
12. 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.
13. 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 Property Owners’ Association.
14. No master permit/HPR shall be recorded prior to final SP approval.
15. Final plat may be required prior to permitting.
16. 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 of any building permits.
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. 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.