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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 CS to SP zoning for properties located at 330 and 332 Homestead Road, approximately 745 feet west of Dickerson Pike (2.24 acres), to permit 33 multi-family residential units, all of which is described herein (Proposal No. 2023SP-041-001).
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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 CS to SP zoning for properties located at 330 and 332 Homestead Road, approximately 745 feet west of Dickerson Pike (2.24 acres), to permit 33 multi-family residential units, being Property Parcel Nos. 013, 014, 106 as designated on Map 060-04 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 060 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 33 multi-family residential units. Short term rental properties, owner occupied and short term rental properties, not-owner occupied shall be prohibited within the entire development.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, add note to the maximum height: No stepback required.
2. On the corrected copy, label the landscape plan and add a note indicating that a C3 Landscape Buffer will be provided along the southern property line.
3. On the corrected copy, change the fallback zoning to RM20-A.
4. With the final SP, coordinate with staff on providing shared vehicular access to adjacent parcels. This may require extension of the eastern and western drives to the property boundaries. Any shared access easements shall be recorded with a final plat, if platted, or prior to issuance of building permits if no plat is required.
5. No master permit/HPR shall be recorded prior to final SP approval.
6. Final plat may be required prior to permitting.
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. The applicant agrees to build a sidewalk connecting this property to the SP (2023SP-032-001) at 316 Homestead Road. The applicant also agrees to continue conversations with NDOT during final site plan review regarding the extension of sidewalks to Dickerson Pike.
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 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.