ORDINANCE NO. BL2011-937

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 Southview on 2nd Specific Plan (Council Bill BL2010-781) and by changing from R6 to SP for properties located at 1064, 1066, 1068, 1070, 1072 A, B, and C, 1074, A, B and C, and 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.93 acres), to add 0.8 acres to the Specific Plan District and to permit the development of up to 19 dwelling units, all of which is described herein (Proposal No. 2010SP-015-002).

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 amending the Southview on 2nd Specific Plan (Council Bill BL2010-781) and by changing from R6 to SP for properties located at 1064, 1066, 1068, 1070, 1072 A, B, and C, 1074, A, B and C, and 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.93 acres), to add 0.8 acres to the Specific Plan District and to permit the development of up to 19 dwelling units, being Property Parcel Nos. 100, 101, 102, 103, 106, 107 as designated on Map 105-03, Property Parcel Nos. 001, 002, 900 as designated on Map 105-03-0-A, and Property Parcel Nos. 001, 002, 900 as designated on Map 105-03-0-B 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 attached sketch, which is attached to 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 Map 105 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 19 residential units.

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 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 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 the enacting ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this 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 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 R6 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: Sandra Moore

View Sketch

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2011-937

Madam President:

I move to amend Ordinance No. BL2011-937 by modifying it as follows:

By adding the following new Section 4 and renumbering the following sections of the Ordinance accordingly:

“Section 4. Be it further enacted, that the following conditions be complete, bonded or satisfied as specifically required:

1. The building setbacks along 2nd Avenue that remain after right-of-way dedication shall be specified on the SP plan as the minimum building setback for each lot.
2. A privacy fence shall be shown on the plan and shall be constructed along the portion of northwest property line that is adjacent to the parking area.
3. The following note shall be added to the corrected copy of the preliminary SP plan: “Parking shall not be allowed on Mildred Shute Avenue unless the roadway is widened to provide space for on-street parking.”
4. Prior to final site plan approval the following note shall be added to the final SP plan: “Vehicular and pedestrian access to parking spaces for all units on all parcels within the common areas governed by the Home Owners Association is allowed and granted.”
5. Adequate sight distance at driveway intersections with alley shall be provided on the final site plan.
6. Adequate fire-flow meeting the requirements of the International Fire Code - 2006 edition - B105.1 shall be provided on the final site plan.
7. Construction drawings shall be approved by Metro Stormwater prior to final site plan approval.
8. Prior to approval of building permits on 1068, 1066, and 1064 2nd Avenue South, a minimum of 30 feet of right-of-way shall be dedicated along the length of the SP frontage from centerline along the 2nd Avenue South.”

Sponsored by: Sandra Moore

LEGISLATIVE HISTORY

Introduced: June 7, 2011
Passed First Reading: June 7, 2011
Referred to: Planning Commission
Planning & Zoning Committee
Passed Second Reading: July 5, 2011
Amended: July 19, 2011
Passed Third Reading: July 19, 2011
Approved: July 21, 2011
By: mayor's signature
Effective: July 25, 2011