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File #: BL2022-1369    Name:
Type: Bill (Ordinance) Status: Indefinitely Deferred
File created: 5/24/2022 In control: Planning and Zoning Committee
On agenda: 8/15/2023 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 RS15 and SP to SP zoning for properties located at 4107 Dodson Chapel Court and 4186 Dodson Chapel Road, approximately 115 feet southwest of Old Hickory Boulevard (11.47 acres), to permit 200 multi-family residential units, all of which is described herein (Proposal No. 2021SP-092-001).
Sponsors: Kevin Rhoten, Jeff Syracuse
Attachments: 1. 2021SP-092-001_sketch, 2. 2021SP-092-001_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 RS15 and SP to SP zoning for properties located at 4107 Dodson Chapel Court and 4186 Dodson Chapel Road, approximately 115 feet southwest of Old Hickory Boulevard (11.47 acres), to permit 200 multi-family residential units, all of which is described herein (Proposal No. 2021SP-092-001).

 

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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 Dodson Chapel Court and 4186 Dodson Chapel Road, approximately 115 feet southwest of Old Hickory Boulevard (11.47 acres), to permit 200 multi-family residential units, being Property Parcel Nos. 055, 056 as designated on Map 086-00 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 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 200 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 conditions shall be completed, bonded or satisfied as specifically required:

1.                     Final site design layout and unit count entitlement are contingent on the results of a Flood Study to be completed prior to final site plan approval.  The Flood Study will determine the floodway, floodplain, and stream buffer locations as well as areas requiring compensating cut and fill for the site.

2.                     The Developer and any current or subsequent owner agrees to erect a fence between the proposed development and the adjacent use currently operated by Vulcan Materials Company. The fence should be a minimum of six feet in height.

3.                     On the corrected plan set, add note to the first page: “Final site design layout and unit count entitlement are contingent on the results of a Flood Study to be completed prior to final site plan approval.  The Flood Study will determine the floodway, floodplain, and stream buffer locations as well as areas requiring compensating cut and fill for the site.”

4.                     On the corrected plan set, add note that landscaping will satisfy all provisions of Chapter 17.24 (not just parking and screening).

5.                     On the corrected plan set, provide ADA sidewalk ramps at southernmost drive entrance.

6.                     On the corrected plan set, show improvements to Dodson Chapel Road extending to the intersection with Old Hickory Boulevard.

7.                     On the corrected plan set, provide private sidewalk connections from the townhomes to the internal sidewalk network.

8.                     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. 

9.                     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.

10.                     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.

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

 

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. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.