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 and OR20 to SP zoning properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, all of which is described herein (Proposal No. 2007SP-171G-14).

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 and OR20 to SP zoning properties located at 803 Elliston Street, Ninth Street (unnumbered), Hadley Avenue (unnumbered), Donelson Avenue (unnumbered), and Elliston Street (unnumbered), at the southeast corner of Donelson Avenue and Elliston Street (5.25 acres), to permit the development of a maximum of 91 multi-family units and a maximum of 45,000 square feet of non-residential uses, as being Property Parcel Nos. 020, 021, 030, 023, 440, 441 as designated on Map 044-15 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. 044 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 following conditions be completed, bonded or satisfied prior to the issuance of any permits, or as specifically required in the condition:

1. The SP Plan shall be revised to show cottages on both sides of Debow Street.

2. The minimum side setback for all single-family units shall be three (3) feet.

3. The minimum lot size for the cottages shall be 1,700 square feet.

4. The SP plan shall be revised to remove the parallel parking shown along Elliston Street and Hadley Street.

5. Clearly show boundary of SP.

6. Include survey of all properties and make sure the ownership is correct.

7. Cross access easements will be required to the east and the west in the parking for the future neighborhood center.

8. Line up alley between lots 21 and 22.

9. Include corrected plan on page 12.

10. Show sidewalks on both sides of 8th Avenue.

11. Submit phasing plan.

12. Submit landscape plan with SP final site plan.

13. Bicycle lanes shall be included in the SP final site plan if, upon evaluation, Planning Department Staff determines that bicycle lanes are appropriate for the development.

14. Sub-district 1 is limited to multi-family, home occupation, cultural center, religious institution, day-care, personal instruction, community education, financial institution, general office, leasing/sales office, medical office, outpatient clinic, rehabilitation services, veterinarian, bed and breakfast, hotel, personal care services, restaurant (full service), restaurant (take-out), retail, audio/video tape transfer, multi-media production, printing and publishing, club, commercial amusement (inside), rehearsal hall, theater, and temporary festivals. Sub-district 2 is limited to single-family only.

15. The mixed-use building may be set back ten feet further than shown on the SP plan provided streetscape improvements approved by the Planning Department Staff are incorporated along Donelson Avenue.

16. 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.

17. Vehicular and pedestrian ingress and egress via 8th Street to Elliston Street shall remain open and unobstructed at all times, and a public right-of-way easement for 8th Street shall be shown on the plat.

Section 4. Be it further enacted, that a corrected copy of the preliminary 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. If a 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 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 5. 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 6. 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 for Sub-district 1 and RM20 for Sub-district 2 zoning district as of the date of the applicable request or application.

Section 7. 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: Darren Jernigan

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LEGISLATIVE HISTORY
Introduced:	December 4, 2007
Passed First Reading:	December 4, 2007
Referred to:	Planning Commission - Approved 8-0 (December 13, 2007) Planning & Zoning Committee
Passed Second Reading:	January 8, 2008
Deferred to February 19, 2008:	January 8, 2008
Deferred to March 18, 2008:	February 19, 2008
Deferred Indefinitely:	March 18, 2008
Substitute Introduced:	April 15, 2008
Passed Third Reading:	April 15, 2008
Approved:	April 18, 2008
By:
Effective:	April 22, 2008