ORDINANCE NO. BL2010-698

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 RS7.5 to SP zoning for property located at 4414 Westlawn Drive, approximately 200 feet north of Sloan Road (0.18 acres), to permit single-family residential, medical and general office uses within an existing single-family structure not to exceed 1,999 square feet in floor area, all of which is described herein (Proposal No. 2010SP-004-001).

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 RS7.5 to SP zoning for property located at 4414 Westlawn Drive, approximately 200 feet north of Sloan Road (0.18 acres), to permit single-family residential, medical and general office uses within an existing single-family structure not to exceed 1,999 square feet in floor area, as being Property Parcel No. 072 as designated on Map 103-08 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. 103 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 SP shall be limited to the uses shown on the plan.

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. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. 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 MUN 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: Jason Holleman

View Sketch

Amendment No. 1
To
Ordinance No. BL2010-698

Madam President:

I move to amend Ordinance No. BL2010-698 by modifying it as follows:

1. By deleting Section 3 in its entirety and substituting with the following new Section 3:

“Section 3. Be it further enacted, that use and development of the property shall strictly adhere to the conditions and use restrictions set forth on the SP Plan, a copy of which is incorporated herein as ‘Exhibit A’.”

2. By adding the following new Section 4, Section 5 and Section 6, and renumbering the following sections of the Ordinance accordingly:

“Section 4. Be it further enacted, that a sidewalk shall be required along the frontage of the property on Westlawn Drive. The sidewalk shall be constructed per the Department of Public Works' specifications, or a financial contribution payment shall be made in lieu of construction of sidewalks. Use and Occupancy permit shall not be issued until the sidewalk is constructed and approved by Metro Public Works or a financial contribution payment has been accepted in lieu of sidewalk construction.

Section 5. Be it further enacted, that no more than two (2) persons shall work in the building at any given time.

Section 6. Be it further enacted, that in the event the existing structure is ever demolished or substantially destroyed, any rebuilding of the structure shall be limited to seventy-five percent (75%) of the existing building footprint and square footage.”

Sponsored by: Jason Holleman

LEGISLATIVE HISTORY

Introduced: June 1, 2010
Passed First Reading: June 1, 2010
Referred to: Planning Commission - Approved 7-0
(May 27, 2010)
Planning & Zoning Committee
Passed Second Reading: July 6, 2010
Deferred: July 20, 2010
Amended: August 3, 2010
Passed Third Reading: August 3, 2010
Approved: August 9, 2010
By:
Effective: August 16, 2010