File #: BL2024-408    Name:
Type: Bill (Ordinance) Status: Public Hearing
File created: 5/23/2024 In control: Metropolitan Council
On agenda: 7/2/2024 Final action:
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 R80 to SP zoning for property located at 7848 McCrory Lane, approximately 410 feet south of Highway 70, (38.41 acres), to permit 90 single-family residential lots, all of which is described herein (Proposal No. 2023SP-076-001).
Sponsors: Jason Spain
Attachments: 1. 2023SP-076-001_sketch, 2. 2023SP-076-001_plans

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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 R80 to SP zoning for property located at 7848 McCrory Lane, approximately 410 feet south of Highway 70, (38.41 acres), to permit 90 single-family residential lots, all of which is described herein (Proposal No. 2023SP-076-001).

 

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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 R80 to SP zoning for property located at 7848 McCrory Lane, approximately 410 feet south of Highway 70, (38.41 acres), to permit 90 single-family residential lots, being Property Parcel No. 064 as designated on Map 126-00 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 126 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 90 single-family residential lots and open space identified on the preliminary SP. Short term rental property, 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.                     Fencing height shall not exceed Codes standards. Fencing details shall be submitted with final SP. All fencing shall consist of materials and height appropriate for a scenic, environmentally sensitive site.

2.                     A plan for access with necessary easements to the amenity areas shall be submitted with the final SP. This plan shall include but not be limited to details on the following: vehicular and pedestrian accessibility; parking; days and hours of operation; gates; fences; and structures including storage buildings and kiosks. The applicant shall work with Metro Planning, Parks, and NDOT to ensure public accessibility and safety. If Metro Legal requests information on insurance or other matters pertaining to safety and/or liability, the applicant shall furnish such information.

3.                     With the final SP, identify public access easements to any greenway located on the property.

4.                     On corrected copy, revise purpose statement to the following: The purpose of this SP is to permit 90 single-family residential lots and open space as shown on the plan.

5.                     On the corrected copy, update the height standards: 3 stories in 50 feet to the highest point of the roof. Pitched roofs shall be required.

6.                     On corrected copy, add the following note regarding height measurement: Building height shall be measured from the average elevation (average of 4 most exterior corners) at the finished grade (final ground elevation) to the highest point of the roof.

7.                     On corrected copy, add the following note: Building facades shall be constructed of brick, brick veneer, stone, case stone, cementitious siding, and glass, or materials substantially similar in form and function, unless otherwise approved on detailed elevations included with the preliminary SP.

8.                     On corrected copy, revise Standard SP note 13 on the cover sheet to the following: 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 any 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 any required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.

9.                     On corrected copy, add the following note: Landscaping per Metro Zoning Code.

10.                     With final SP submittal, include approval letter from Harpeth Valley Utility District.

11.                     Parking requirements shall be determined with final SP and shall comply with Metro Zoning Code standards. Parking lot(s) generally shall be located in areas with slopes less than 20 percent as depicted in the preliminary SP.

12.                     A tree survey, tree preservation plan, and detailed landscape plan shall be submitted with the final SP. All landscaping shall comply with Metro Zoning Code standards.

13.                     No master permit/HPR shall be recorded prior to final SP approval.

14.                     Final plat may be required prior to permitting.

15.                     Comply with all conditions and requirements of Metro reviewing agencies. 

16.                     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. 

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 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. 

19.                     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.

 

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-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.