ORDINANCE NO. BL2014-702

ORDINANCE NO. BL2014-702

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 R10 to SP zoning for property located at 1414 Rosebank Avenue, at the northwest corner of Rosecliff Drive and Rosebank Avenue (3.68 Acres), to permit up to 30 residential dwelling units, all of which is described herein (Proposal No. 2014SP-003-001).

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 R10 to SP zoning for property located at 1414 Rosebank Avenue, at the northwest corner of Rosecliff Drive and Rosebank Avenue (3.68 Acres), to permit up to 30 residential dwelling units, being Property Parcel No. 019 as designated on Map 084-01 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 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 084 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 30 detached residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The SP Final Site Plan shall include landscaping to screen the row of parking located east of unit 1 to reduce visibility of the parking area from Rosebank Avenue.
2. The SP Final Site Plan shall include a sidewalk connection from the parking area north of Unit 12 to the proposed sidewalk on Rosecliff Drive, including a connection to the internal sidewalk between Units 11 and 12.
3. The final site plan shall include detailed landscape plan demonstrating that the retention/detention area at the corner of Rosebank Avenue and Rosecliff Drive enhances the development and is designed in a manner that minimizes concrete infrastructure and maximizes LID elements (i.e. similar to a raingarden). Prior to Final Site Plan submittal, the applicant shall evaluate whether small raingardens throughout the site can be utilized to reduce the size of the retention/detention area at the corner of Rosebank Avenue and Rosecliff Drive and submit findings to Planning staff and Metro Stormwater staff to review.
4. The SP Final Site Plan shall include additional parking spaces, where possible without significant retaining walls being created, on the site.
5. If the survey for the final site plan indicates that the property boundaries are different than what is shown on the approved preliminary SP, the final site plan shall be appropriately adjusted, which may cause the site layout to change and the number of units to be reduced. Changes to the layout of the units shall be consistent with the Community Plan’s land use policy.
6. The SP Final Site Plan shall include a revised density calculation in the site data table to reflect the reduction in total number of units.
7. Add the following note to plan: Ownership for units may be divided by a Horizontal Property Regime or a subdivision with a minimum lot size of 1,000 square feet.
8. Prior to the SP Final Site Plan, a survey shall be provided that indicates closed contours, and a geotechnical study shall be prepared by a licensed geotechnical engineer.
9. Prior to Final SP, record ROW dedication to locate proposed sidewalks within ROW.

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 RM9 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:	March 4, 2014
Passed First Reading:	March 4, 2014
Referred to:	Planning Commission - Approved with Conditions 7-0 (February 13, 2014) Planning & Zoning Committee
Passed Second Reading:	April 1, 2014
Passed Third Reading:	April 15, 2014
Approved:	April 16, 2014
By:
Effective:	April 18, 2014