ORDINANCE NO. BL2013-469

ORDINANCE NO. BL2013-469

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 and CN to SP zoning for properties located at 132 and 134 46th Avenue North, at the southeast corner of Utah Avenue and 46th Avenue North (.54 acres), to permit up to three single-family residential units and an office, restaurant, and/or retail uses, all of which is described herein (Proposal No. 2013SP-012-001).

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 and CN to SP zoning for properties located at 132 and 134 46th Avenue North, at the southeast corner of Utah Avenue and 46th Avenue North (.54 acres), to permit up to three single-family residential units and an office, restaurant, and/or retail uses, being Property Parcel Nos. 161, 162 as designated on Map 103-04 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 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 uses of this SP shall be limited to single-family detached, general office, restaurant (take-out), medical office, general retail, convenience retail, personal care service, full service restaurant.

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

1. The financial institution use shall be removed from the list of permitted uses on the corrected copy of the preliminary SP.
2. Sight distance calculations for any proposed landscaping within the bulb-outs at the intersection of the alley and Utah with 46th Avenue shall be submitted with the final SP application.
3. Sidewalks along the property frontage must be ADA compliant. Curb ramps at the terminus of the sidewalk on this project where they abut public streets or alleys shall be shown on the final SP plan.
4. The gross floor area of tenant space B shall be revised on the corrected copy of the preliminary SP plan to have a maximum size of 2,300 square feet.
5. A business within tenant space A shall not be open to the public outside of the hours of 6:00 am and 7:00 pm.
6. A business within tenant space B shall not be open to the public outside of the hours of 6:00 am and 10:00 pm.

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 Council approval, the property shall be subject to the standards, regulations and requirements of the RS3.75 zoning district for the residential lots and the CN zoning district for the commercial lot, 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:	June 4, 2013
Passed First Reading:	June 4, 2013
Referred to:	Planning Commission - Approved with Conditions 4-3-1 (May 23, 2013) Planning & Zoning Committee
Passed Second Reading:	July 2, 2013
Deferred:	July 16, 2013
Passed Third Reading:	August 6, 2013
Approved:	August 8, 2013
By:
Effective:	August 15, 2013