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 RS10 to SP zoning for property located at 4326 Maxwell Road, approximately 150 feet south of Trailwater Drive (3.8 acres), to permit 36 multi family residential units, all of which is described herein (Proposal No. 2025SP-026-001).
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 RS10 to SP zoning for property located at 4326 Maxwell Road, approximately 150 feet south of Trailwater Drive (3.8 acres), to permit 36 multi family residential units, being Property Parcel No. 030 as designated on Map 176 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 176 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 36 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 shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, references to “single-family” shall be replaced with “detached units.”
2. On the corrected copy, the rear setback shall be modified from “20 feet” to “30 feet.”
3. With the final site plan, landscape screening shall be provided between the detached units to minimize surface parking visibility from Maxwell Road.
4. With the final site plan, a tree survey and a preservation plan for existing trees within the designated Type C and D landscape buffers shall be provided. Any trees identified as a Protected and Heritage Trees per 17.28.065 within the buffer yard shall be preserved and have tree protection measures consistent with the requirements of the Metro Zoning Code. The tree preservation plan is subject to staff review and approval prior to the issuance of a grading permit and the approval of the final site plan.
5. 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.
6. 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.
7. 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.
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. 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.
10. Comply with all conditions and requirements of Metro reviewing agencies.
11. No master permit/HPR shall be recorded prior to final SP approval.
12. Final plat may be required prior to permitting.
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 RM9 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.