ORDINANCE NO. BL2013-475

ORDINANCE NO. BL2013-475

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 R6 to SP zoning for properties located at 1800, 1802, 1804, 1806, 1808, 1810, 1812, and 1814 Rosa L. Parks Boulevard and at 1811 B, 1813 A and 1813 B 7th Avenue North, at the southeast corner of Interstate 65 and Rosa L. Parks Boulevard (1.53 acres), to permit up to 24 detached single-family dwelling units, all of which is described herein (Proposal No. 2013SP-017-001).

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 R6 to SP zoning for properties located at 1800, 1802, 1804, 1806, 1808, 1810, 1812, and 1814 Rosa L. Parks Boulevard and at 1811 B, 1813 A and 1813 B 7th Avenue North, at the southeast corner of Interstate 65 and Rosa L. Parks Boulevard (1.53 acres), to permit up to 24 detached single-family dwelling units, being Property Parcel Nos. 181, 182, 183, 184, 185, 186, 187, 188, 198, 519, 520 as designated on Map 081-08 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 081 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 a maximum of 24 detached residential dwellings.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Add the following note to the corrected copy of the preliminary SP plan: “For building types A through C, no single elevation option shall be used for more than 50% of the dwellings.”
2. Prior to building permit approval, provisions for maintenance of the proposed wall and fence along the Rosa Parks Boulevard frontage shall be included in the homeowners’ association documents for this development.
3. Prior to final site plan approval, all necessary approvals shall be obtained from the Tennessee Department of Transportation for the proposed sidewalk connection to the Rosa Parks frontage and for removal of the existing chain-link fence along that frontage.
4. The proposed wall along Rosa Parks Boulevard shall be a concrete masonry design consistent with the images included in the SP application. The design shall include piers spaced a minimum of every 15 feet. The maximum height shall be 6 feet for the wall and 7 feet for piers.
5. The location and limits of the TDOT access control fence shall be labeled on the corrected copy of the preliminary SP plan.

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 RM20 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.

Sponsored by: Erica Gilmore, Megan Barry, Peter Westerholm

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View Site Plan

Amendment No. 1
To
Ordinance No. BL2013-475

Madam President:

I move to amend Ordinance No. BL2013-475 by substituting the proposed concrete masonry wall design along Rosa Parks Boulevard, as shown on page 7 of the preliminary SP site plan incorporated into Section 1 of this ordinance, with the attached new wall design.

LEGISLATIVE HISTORY
Introduced:	June 4, 2013
Passed First Reading:	June 4, 2013
Referred to:	Planning Commission - Approved with Conditions 6-0 (May 9, 2013) Planning & Zoning Committee
Passed Second Reading:	July 2, 2013
Amended:	July 16, 2013
Passed Third Reading:	July 16, 2013
Approved:	July 18, 2013
By:
Effective:	July 26, 2013