ORDINANCE NO. BL2011-73
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 amending the Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001).
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 amending the Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, being Property Parcel Nos. 073, 104, 105, 106, 130 as designated on Map 165-00 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 attached sketch, 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 165 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, a final corrected copy of the amended SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. If a final corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 4. Be it further enacted, that 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 in the plan that is part of this ordinance.
Section 5. 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.
Sponsored by: Robert Duvall
AMENDMENT NO. 1
ORDINANCE NO. BL2011-73
I move to amend Ordinance No. BL2011-73 by modifying it as follows:
By adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions be completed, bonded or satisfied as specifically required:
1. Any deviation from the layout shown on the Development Plan shall be approved by the Planning Commission, and any deviation that the Planning Commission finds that changes the basic development concept shall require Council approval.
2. The developer's final construction drawings shall comply with the design regulations established by the Department of Public Works. Final design may vary based on field conditions.
3. The proposed development street names shall require further coordination with Public Works.
4. As planned, Chutney and Trail Water Drive shall be extended to provide a secondary access to the proposed project site.
5. Maxwell Road shall be improved along the property frontage to provide one-half of Metro's standard ST-252 cross section.
6. Prior to construction plan preparation, a geotechnical report on sinkholes near roadways shall be provided.
7. Prior to platting the 100th lot, a dedicated right turn lane shall be constructed for southbound traffic on Old Hickory Boulevard at Murfreesboro Road. This lane shall be designed with 100feet of storage and a taper per AASHTO standards.
8. Prior to platting the 100th lot, Maxwell Road shall receive a full width pavement overlay from Lavergne/Couchville Pike to the property limits of the revised SP. The paving shall be a minimum of 2 ea. 11 feet striped travel lanes with a minimum of 2 feet gravel shoulders. This work shall be coordinated with the Public Works Paving section inspector.
9. No final plats shall be recorded until all off-site improvements have been designed, constructed and/or bonded. Further, all off-site improvements shall be constructed prior to the recording of the final plat containing the 100th lot.
Sponsored by: Robert Duvall
|Introduced:||December 6, 2011|
|Passed First Reading:||December 6, 2011|
Commission - Approved 6-0
(December 8, 2011)
Planning & Zoning Committee
|Passed Second Reading:||January 3, 2012|
|Deferred:||January 17, 2012|
|Deferred:||February 7, 2012|
|Deferred to March 20, 2012:||February 21, 2012|
|Deferred:||March 20, 2012|
|Amended:||April 3, 2012|
|Passed Third Reading:||April 3, 2012|
|Approved:||April 4, 2012|
|Effective:||April 9, 2012|