ORDINANCE NO. BL2014-815

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 properties located at 801 Rosebank Avenue and Eastland Avenue (unnumbered), at the southeast corner of Rosebank Avenue and Eastland Avenue (9.9 Acres), to permit up to 62 residential dwelling units and up to 1,300 square feet of commercial uses, all of which is described herein (Proposal No. 2013SP-049-001).

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 properties located at 801 Rosebank Avenue and Eastland Avenue (unnumbered), at the southeast corner of Rosebank Avenue and Eastland Avenue (9.9 Acres), to permit up to 62 residential dwelling units and up to 1,300 square feet of commercial uses, being Property Parcel Nos. 015, 016 as designated on Map 084-05 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 a maximum of 62 detached residential units, retail, restaurant, full-service, and general office.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Units 32 and 33 shall be removed or relocated on site so they are not stand-alone units in an
open space area.
2. Access B shall be reviewed with the SP final site plan and comply with Public Works and Planning requirements. If Access B does not have vehicular connections to the remainder of the SP, it shall incorporate pedestrian connection(s) between the commercial building and the remainder of the SP.
3. Detailed landscape plans shall be submitted with the SP final site plan.
4. Wraparound porches, glazing and/or landscaping shall be incorporated into the final site plan on the side façades of units that face a public street. Side facing units shall be designed to address the street corners with a more active façade, and/or landscaping shall be used to provide a transition from the unit to the street that provides a more pedestrian oriented treatment.
5. No garage doors shall face directly onto a public street, and screening shall be provided to
minimize the impact of garage doors that are visible from a public street to help provide a more pedestrian oriented streetscape.
6. Parking shall be screened or located where it is not visible from a public street to the greatest
extent possible.
7. An access study shall be submitted prior to or with the SP final site plan.
8. For units facing a public street, finished ground floors and porches shall be elevated a minimum of 24 inches from the abutting ground elevation.
9. All access points, that are not public streets, shall have MPW standard ST-324 driveway ramps.
10. An adequate downstream structure system shall be provided for the site outfall (no concentrated outflows are permitted).

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 RM6 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: Peter Westerholm

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LEGISLATIVE HISTORY
Introduced:	June 3, 2014
Passed First Reading:	June 3, 2014
Referred to:	Planning Commission - Approved with Conditions 9-0 (April 24, 2014) Planning & Zoning Committee
Passed Second Reading:	July 1, 2014
Passed Third Reading:	July 15, 2014
Approved:	July 17, 2014
By:
Effective:	July 25, 2014