ORDINANCE NO. BL2013-449

ORDINANCE NO. BL2013-449

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 RS5 to SP zoning for properties located at 904 Chicamauga Avenue and 941 W. Eastland Avenue, approximately 125 feet east of McFerrin Avenue (0.34 acres), to permit a mixture of uses including restaurant (full service), retail, office and personal care services uses in addition to single and two family residential, all of which is described herein (Proposal No. 2013SP-014-001).

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 RS5 to SP zoning for properties located at 904 Chicamauga Avenue and 941 W. Eastland Avenue, approximately 125 feet east of McFerrin Avenue (0.34 acres), to permit a mixture of uses including restaurant (full service), retail, office and personal care services uses in addition to single and two family residential, being Property Parcel Nos. 308, 319 as designated on Map 082-08 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 the Metropolitan Clerk’s 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 Map 082 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 permitted land uses within this SP shall be limited to one single-family residential dwelling or one two-family residential dwelling, and office use on the north lot and one single-family residential dwelling, restaurant (full service), retail, office, and personal care services uses on the south lot.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Add a note to the plan stating ‘The drive aisle on the south lot may be used to provide access to a future parking area on the abutting lot to the west (Map 82-8 Parcel 32). An appropriate cross access easement and shared parking agreement shall be established across the drive aisle at that time.’

2. All parking areas shown behind buildings on the plan shall be paved and striped according to the Zoning Code.

3. Revise the final site plan to show an irrigated A-3 Landscape Buffer Yard with an opaque screening fence along the east boundary of both lots.

4. Revise the site plan to clearly mark the property boundaries with dimensions, show paving extents, indicate vehicular access points from the adjoining existing alleyway, and show all required landscape areas with dimensions.

Section 5. 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 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 MUN 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.

LEGISLATIVE HISTORY
Introduced:	May 7, 2013
Passed First Reading:	May 7, 2013
Referred to:	Planning Commission - Approved with Conditions 9-0 (April 25, 2013) Planning & Zoning Committee
Passed Second Reading:	June 4, 2013
Passed Third Reading:	June 18, 2013
Approved:	June 19, 2013
By:
Effective:	June 21, 2013