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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 RS15 and SP to SP zoning for properties located at 4107 and 4186 Dodson Chapel Road and Dodson Chapel Road (unnumbered), at the southwest corner of Old Hickory Boulevard and Dodson Chapel Road (15.30 acres), to permit accessory uses to mineral extraction, all of which is described herein (Proposal No. 2026SP-033-001).
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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 RS15 and SP to SP zoning for properties located at 4107 and 4186 Dodson Chapel Road and Dodson Chapel Road (unnumbered), at the southwest corner of Old Hickory Boulevard and Dodson Chapel Road (15.30 acres), to permit accessory uses to mineral extraction, being Property Parcel Nos. 055-056 and 244 as designated on Map 086 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, which was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and the Metropolitan Clerk’s Department, and which is attached to 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 086 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 accessory uses to mineral extraction as outlined on the SP plan, and after mineral extraction uses have ceased the uses of District 1 shall be limited to the uses of the CL zoning district with the exception of the prohibited uses as outlined on the SP plan; and the uses of District 2 shall be limited to those of the RS15 zoning district, with the exception that short term rental property, owner occupied, and short term rental property, 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. If the site redevelops with uses other than those associated with mineral extraction, including but not limited to residential or commercial, sidewalks along street frontages and internal to the site may be required with a final site plan submittal.
2. The berm shall be located outside of any areas of right-of-way dedication.
3. 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.
4. 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.
5. The requirements for 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.
6. Comply with all conditions and requirements of Metro reviewing agencies.
7. No master permit/HPR shall be recorded prior to final SP approval.
8. 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 IWD zoning district for District 1 (post mineral extraction operations: CL) and the IWD zoning district for District 2 (post mineral extraction operations: RS15) 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.