File #: BL2024-484    Name:
Type: Bill (Ordinance) Status: Passed
File created: 7/25/2024 In control: Planning and Zoning Committee
On agenda: 9/17/2024 Final action: 9/17/2024
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 AR2a to SP zoning for property located at 7088 Burkitt Rd, approximately 550 feet east of Old Burkitt Rd, (11.63 acres), to permit up to 119 multi-family residential units, all of which is described herein (Proposal No. 2022SP-021-001).
Sponsors: John Rutherford
Attachments: 1. 2022SP-021-001_sketch, 2. 2022SP-021-001_plan, 3. Amendment No. 1 to BL2024-484, 4. Amendment No. 1 BL2024-484 updated Preliminary SP Plan-2022SP-021-001

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 AR2a to SP zoning for property located at 7088 Burkitt Rd, approximately 550 feet east of Old Burkitt Rd, (11.63 acres), to permit up to 119 multi-family residential units, all of which is described herein (Proposal No. 2022SP-021-001).

 

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 AR2a to SP zoning for property located at 7088 Burkitt Rd, approximately 550 feet east of Old Burkitt Rd, (11.63 acres), to permit up to 119 multi-family residential units, being Property Parcel No. 006 as designated on Map 186-00 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 186 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 119 multi-family residential units. 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.                     The path along the western property line shall be placed in a public access easement and shown on the final plat.

2.                     Right-of-way for the proposed north-south and east-west roads shall extend to the property boundaries and be identified for future connectivity.

3.                     Areas of surface parking which are visible from public rights of way shall be sufficiently screened with landscaping and reviewed with the final SP landscape plan.

4.                     Final screening details for dumpster locations to be determined at final SP review. All screening shall meet the minimum standards of the Metro Code and additional supplemental landscape screening may be required. No dumpsters are permitted within landscape buffer yards.

5.                     No private drives shall encroach in the landscape buffer yards. Only minimal encroachments for the pedestrian path are permitted to the extent shown on the preliminary plan.

6.                     There shall be no permanent parking of food trucks within the bounds of the SP. Temporary food trucks shall meet all Metro requirements.

7.                     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.

8.                     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 RM15 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.