ORDINANCE NO. BL2009-398

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 R8 to SP zoning properties located at 2412, 2414, 2500, 2502 9th Avenue South, approximately 275 feet north of Montrose Avenue (1.63 acres), to permit the development of 15 cottage units around a common open space, all of which is described herein (Proposal No. 2008SP-036U-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 R8 to SP zoning properties located at 2412, 2414, 2500, 2502 9th Avenue South, approximately 275 feet north of Montrose Avenue (1.63 acres), to permit the development of 15 cottage units around a common open space, as being Property Parcel Nos. 385, 386, 387, 388 as designated on Map 118-01 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. 118 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 uses of this SP shall be limited to multi-family and single-family residential. Home occupation shall be permitted as an accessory use as outlined in Section 17.16.250 of the Metro Zoning Code.

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 the following conditions shall be added as notes to the corrected copy of the SP plan required in Section 4 as specifically stated below, and shall be completed, bonded or satisfied as specifically required:

1. “Prior to final site plan approval:
a. The twelve (12') foot minimum driveway width for the proposed shared driveways along 9th Avenue South shall be labeled and dimensioned.
b. Documentation of passenger vehicle (P) design templates demonstrating adequate vehicular turning movements shall be provided.
c. Plans for solid waste disposal and recycling collection shall be provided. All service locations shall accommodate accessibility for SU-30 design vehicle turning movement. The solid waste collection and disposal plan shall be reviewed and approved by the Department of Public Works Solid Waste Division.”

2. “Prior to the issuance of Use and Occupancy Permits:
a. 9th Avenue South along property frontage shall be improved to meet the Department of Public Works' standards and specifications.
b. Sidewalks along 9th Avenue South within the public right of way shall be constructed and right of way shall be dedicated as required by the Department of Public Works.”

Section 6. 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 7. 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 RM9 zoning district as of the date of the applicable request or application.

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: Sandra Moore

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