ORDINANCE NO. BL2014-762

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 1007 and 1009 North 5th Street, approximately 185 feet north of Vernon Winfrey Avenue (0.36 acres), to permit up to 4 detached dwelling units, all of which is described herein (Proposal No. 2014SP-021-001).

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 1007 and 1009 North 5th Street, approximately 185 feet north of Vernon Winfrey Avenue (0.36 acres), to permit up to 4 detached dwelling units, being Property Parcel Nos. 091, 092 as designated on Map 082-04 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 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 uses of this SP shall be limited to Single and Two-Family residential.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Any two-family units shall be detached.
2. A minimum six foot separation is required between units and is subject to all Building and Fire code requirements.
3. The minimum side setback shall be three feet.
4. The minimum rear setback shall be 20 feet.
5. The front setback shall be consistent with Section 17.12.030, Street setbacks.
6. No structure shall be more than three stories and shall be limited to a maximum height of 22 feet at the front setback and 35 feet total. Building elevations for all street facades shall be provided with the final site plan. Each of the four facades shall have a distinct design and composition. The following standards shall be met:
a. Building facades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing.
b. Windows shall be vertically oriented at a ratio of 2:1 or greater.
c. EIFS and vinyl siding shall be prohibited.
d. Finished ground floors and porches shall be elevated a minimum of 30 inches from the abutting average ground elevation.
e. Porches shall provide a minimum of six feet of depth.
7. Vehicular access and parking shall be from the alley and no driveways shall be permitted onto North 5th Street and no parking in the front yard.
8. Ownership for units may be divided by a Horizontal Property Regime or a subdivision with a minimum lot size of 3,000 square feet.
9. 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 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.

Section 7. Be it further enacted, If a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the RS3.75 zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

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: Scott Davis

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LEGISLATIVE HISTORY
Introduced:	May 6, 2014
Passed First Reading:	May 6, 2014
Referred to:	Planning Commission - Approved with Conditions 7-0 (April 10, 2014) Planning & Zoning Committee
Passed Second Reading:	June 3, 2014
Passed Third Reading:	June 17, 2014
Approved:	June 18, 2014
By:
Effective:	June 20, 2014