ORDINANCE NO. BL2014-802

ORDINANCE NO. BL2014-802

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 property located at 1102 Joseph Avenue, approximately 80 feet north of Evanston Avenue, (0.16 acres), to permit one single-family dwelling or a detached two-family dwelling, all of which is described herein (Proposal No. 2014SP-026-001).

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 property located at 1102 Joseph Avenue, approximately 80 feet north of Evanston Avenue, (0.16 acres), to permit one single-family dwelling or a detached two-family dwelling, being Property Parcel No. 032 as designated on Map 082-03 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 one single-family dwelling or a detached two-family dwelling.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. 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.

2. There shall be no parking or driveways in the front yard area along Joseph Avenue.

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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Amendment No. 1
To
Ordinance No. BL2014-802

Madam President:

I move to amend Ordinance No. BL2014-802 by deleting Section 4 in its entirety and substituting with the following new Section 4:
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. 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.
2. There shall be no parking or driveways in the front yard area along Joseph Avenue. All driveways and parking shall be located at the rear of the property.
3. One detached unit shall have a different roof line from the other detached unit so as to maintain aesthetic variety.
4. A second story porch shall only be permitted for one of the units. The front exterior facade of the second story shall include windows in lieu of an upper level porch and door.
5. If the units are detached, each structure shall be no less than 19 feet wide and no more than 24 feet wide.
6. If the units are detached, the developer shall have the option of designating the front structure as the primary structure and the rear structure as the secondary structure. If the developer chooses to build such a primary and secondary structure, the following requirements shall apply:
(a) A minimum six foot separation shall be required between the units.
(b) For the primary structure, the minimum side setback shall be five feet.
(c) The minimum rear setback for the secondary structure shall be 20 feet.
(d) The primary structure shall be no more than two stories and shall be limited to a maximum height of 29 feet at the front setback and 35 feet total.
(e) The secondary structure shall be located behind the primary structure and shall clearly be subordinate to the primary structure in height, size, and massing.
7. A wooden privacy fence shall be constructed along the two adjacent property lines. Such privacy fence shall be a minimum of six feet and a maximum of ten feet in height. If two units are constructed, a similar privacy fence shall be constructed between the units.
8. At least two trees shall be planted on the property. Each tree shall be a minimum two-inch caliper and a minimum of six feet in overall height.

LEGISLATIVE HISTORY
Introduced:	June 3, 2014
Passed First Reading:	June 3, 2014
Referred to:	Planning Commission - Approved with Conditions 8-0 (May 22, 2014) Planning & Zoning Committee
Passed Second Reading:	July 1, 2014
Deferred:	July 15, 2014
Amended:	August 5, 2014
Passed Third Reading:	August 5, 2014
Approved:	August 8, 2014
By:
Effective:	August 15, 2014