ORDINANCE NO. BL2013-453

ORDINANCE NO. BL2013-453

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 CS and RS7.5 to SP zoning for properties located 332 and 322 54th Avenue North and 323 53rd Avenue North, approximately 400 feet south of Charlotte Avenue (3.12 acres), to permit up to 40 residential units, all of which is described herein (Proposal No. 2013SP-016-001).

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 CS and RS7.5 to SP zoning for properties located 332 and 322 54th Avenue North and 323 53rd Avenue North, approximately 400 feet south of Charlotte Avenue (3.12 acres), to permit up to 40 residential units, being Property Parcel Nos. 022, 026, and 045 as designated on Map 091-15 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 Office 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 091 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 shall be completed, bonded or satisfied as specifically required:
1. Uses within the SP shall be limited to a maximum of 40 detached residential units.
2. In conjunction with the final site plan, a plan shall be submitted by the developer on an engineer scale.
3. In conjunction with the final site plan, the plan shall include a SU-30 turn template for the solid waste pick up.
4. The proposed on street parking and driveway shall be placed at the edge of the existing pavement, with a minimum of two 12-foot wide travel lanes for 54th Avenue North.
5. The design of the proposed 5 foot sidewalk on 54th Avenue North must meet Metro Public Works and ADA standards.
6. The main drive shall be narrowed to 24-foot maximum width at the entrance for the first “block” to discourage on-street parking in the entrance.
7. All 90 degree parking within the development shall meet the Zoning Code standard of 8.5’x18’ or larger.
8. All trash and recycling pick up shall be private service.
9. Private drives shall be consistent with the dimensions shown on the preliminary site plan, unless minor modifications are approved by Planning Department staff with final site plan approval.
10. The final site plan shall show pervious pavement for private drives and on-site parking areas as proposed on the preliminary site plan and as proposed as part of the Stormwater Management plan for the development. A certified installer shall be used to install all proposed pervious surfaces within the development. The Department of Public Works shall make a recommendation to the Planning Department and Metro Water Services-Stormwater Division on the subgrade, stone and pervious pavement details. A maintenance agreement for the pervious surfaces shall be established through Metro Water Services-Stormwater Division. Prior to final site plan approval, if it is determined by Metro Water Services- Stormwater Division staff and Planning Department staff that pervious pavement cannot be used as part of the Stormwater Management plan, the private drives shall be constructed with the following materials:
a) 1-1/2” asphaltic concrete surface;
b) tack coat (SS-1);
c) 2” bituminous binder (B-M2);
d) prime coat (RS-2); and
e) 8” stone (grading D pug mill mix).
11. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

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 RM15-A 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.

LEGISLATIVE HISTORY
Introduced:	May 7, 2013
Passed First Reading:	May 7, 2013
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	June 4, 2013
Amended:	June 18, 2013
Passed Third Reading:	June 18, 2013
Approved:	June 19, 2013
By:
Effective:	June 21, 2013