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 CN and RS5 to SP zoning properties located at 927, 929, 1001, and 1003 Lischey Avenue, on the east side of Lischey Avenue at Vernon Winfrey Avenue (0.74 acres), to permit 6 single-family homes, 3 townhome units, and a 2-story mixed-use building, all of which is described herein (Proposal No. 2007SP-162U-05).

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 CN and RS5 to SP zoning properties located at 927, 929, 1001, and 1003 Lischey Avenue, on the east side of Lischey Avenue at Vernon Winfrey Avenue (0.74 acres), to permit 6 single-family homes, 3 townhome units, and a 2-story mixed-use building, as being Property Parcel Nos. 461, 462, 463, 464 as designated on Map 082-03 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 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. 082
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 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 4. 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 5. Be it further enacted, that 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 MUL zoning district at the effective date of the application for any building permit.

Section 6. 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: Pam Murray

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2007- 14

Madam President:

I move to amend Ordinance No. BL2007- 14 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 prior to the issuance of any permits, or as specifically required in the condition:

1. The following note shall be included on the final plat: "All common area outside building footprints to be Open Space / Public Utility and Drainage Easement."

2. Articles of Incorporation and Bylaws for a homeowners’ association to provide for improvement and maintenance of common areas shall be required with the Final Site Plan.

3. The back flow preventer shall not be visible from the street.

4. Sidewalks shall be upgraded to meet the design standards of the Public Works Department.

5. Along Lischey Avenue, label and dedicate right of way 30 feet from centerline to property boundary, consistent with the approved major street/collector plan.

Sponsored by: Pam Murray

LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission - Approved 7-0 (September 27, 2007) Planning & Zoning Committee
Passed Second Reading:	November 6, 2007
Amended:	November 20, 2007
Passed Third Reading:	November 20, 2007
Approved:	November 27, 2007
By:
Effective:	November 29, 2007