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 R10 to SP zoning various properties located along Sharondale Drive between Hillsboro Pike and Woodlawn Drive on Sharon Hill Circle and Sharondale Court (29.44 acres), to limit to 33% the number of duplex units permitted on each street, limit each duplex unit to 6,000 square feet, limit new single-family homes to 4,500 square feet, limit to 30 feet the maximum height of each residential unit, and limit the maximum lot coverage to 40%, all of which is described herein (Proposal No. 2007SP-065U-10).

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 R10 to SP zoning various properties located along Sharondale Drive between Hillsboro Pike and Woodlawn Drive on Sharon Hill Circle and Sharondale Court (29.44 acres), to limit the number of duplex units permitted, limit each duplex unit to 6,000 square feet, limit new single-family homes to 4,500 square feet, limit to 30 feet the maximum height of each residential unit, and limit the maximum lot coverage to 40%, as being Property Parcel Nos. 040 and 041 as designated on Map 104-14, and various Property Parcel Nos. as designated on Maps 117-02 and 117-03 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 made a part of this ordinance as though copied herein.

Section 2. Be it further enacted, that the number of permitted two-family structures (duplex units) shall be limited to 33% on each street for the parcels included on the attached list incorporated herein as Exhibit A. There shall be no such limitation on the number of duplex units for the remaining parcels included within the area rezoned SP pursuant to Section 1 of this ordinance that are not listed on Exhibit A. If any one parcel on Sharon Hill Circle is subdivided at a later date, each of the two newly-subdivided parcels will be eligible for a duplex.

Section 3. 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 Sheet No. 104 and 117 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 4. Be it further enacted that, the following conditions be completed, bonded or satisfied prior to the issuance of any permits, or specifically required in the condition.
1. The maximum building coverage on any lot in the SP is 40%.
2. The maximum height for any building on a lot in the SP is 3 stories and 30 feet. Maximum height shall be measured from either the natural grade or, if present, from the ceiling of an exposed basement not more than seven (7) feet above the natural grade. The natural grade shall be determined based upon the average elevation of the four most exterior corners of the structure, to the eave or to the roof deck of a flat roof. Natural grade is the base ground elevation prior to grading.
3. Duplexes are limited to a total of 6,000 square feet total (2 units = 6,000 square feet).
4. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the RS10 zoning district effective at the date of the building permit. This zoning district must be shown on the plan.
5. If a legal pre-existing duplex is removed for any reason after the SP adoption, the duplex can be built back under the SP standards.
6. The number of allowable duplexes per street as determined at the time of SP adoption can not be altered through future re-subdivision or lot consolidation.

Section 5. Be it further enacted that, a final corrected copy of the 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 this ordinance. 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 this ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 6. Be it further enacted, that minor adjustments to the site plan may be approved by the planning commission or its designee based upon final architectural, engineering or site design and actual site conditions. All adjustments shall be consistent with the principles and further the objectives of the approved plan. Adjustments shall not be permitted, except through an ordinance approved by Metro Council, that increase the permitted density or intensity, 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 present in the plan that is a part of this ordinance.

Section 7. Be it further enacted, for those parcels listed on Exhibit A, any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval shall be subject to the standards, regulations and requirements of the RS10 zoning district at the effective date of the application for any building permit. For all other parcels subject to this SP plan that are not listed on Exhibit A, the property shall be subject to the standards, regulations and requirements of the R10 zoning district at the effective date of the application for any building permit.

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.

Sponsored by: Jim Shulman

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LEGISLATIVE HISTORY
Introduced:	June 5, 2007
Passed First Reading:	June 5, 2007
Referred to:	Planning Commission - Approved 8-0 (May 10, 2007) Planning & Zoning Committee
Deferred:	July 10, 2007
Passed Second Reading:	July 17, 2007
Deferred:	August 7, 2007
Substitute Introduced:	August 21, 2007
Passed Third Reading:	August 21, 2007
Approved:	August 23, 2007
By:
Effective:	August 24, 2007