ORDINANCE NO. BL2008-145

ORDINANCE NO. BL2008-145

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 previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, all of which is more particularly described herein, (Proposal No. 2006SP-159U-03).

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 making certain changes in 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 previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, requested by Dale & Associates, applicant, for Nashville Ovation, LLC, owner. as being Property Parcel Nos. 029, 031, 059 as designated on Map 071-14 and Property Parcel No. as designated on Map of 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 plan that was duly considered by the 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. 071 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 specifically required in the condition.

1. The backflow preventer must be located within the building, as indicated on the plans.
2. Add a B-5 buffer along the southern property line. In areas where the retaining wall is approximately 5’ from the property line, include landscaping similar to that currently shown on the plan.
3. Show correct density on cover sheet of plan.
4. Show access to the stair towers on the plan.
5. A final consolidation plat must be recorded prior to the issuance of any building permit.
6. All elevations must be submitted for review with the SP final site plan.
7. The Fern Avenue elevation must be revised with the SP final site plan submittal to depict a flat parapet, smaller pedestrian entrance, and enclosed stairwells between the blocks of units.
8. The final SP site plan shall include a site utility electrical plan that satisfies NES and Planning Department requirements.
9. This SP is limited to multi-family residential use.

Section 4. 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 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 a new amendment to the SP 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 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.

LEGISLATIVE HISTORY
Introduced:	February 5, 2008
Passed First Reading:	February 5, 2008
Referred to:	Planning Commission - Approved 6-0 (January 10, 2008) Planning & Zoning Committee
Deferred to May 6, 2008, Public Hearing:	March 4, 2008
Passed Second Reading:	May 6, 2008
Passed Third Reading:	May 20, 2008
Approved:	May 29, 2008
By:
Effective:	June 2, 2008