SUBSTITUTE ORDINANCE NO. BL2014-817

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 amending the Morgan Park Place Specific Plan district for various properties located along 4th Avenue North, 5th Avenue North and Van Buren Street, between 3rd Avenue North and 5th Avenue North, to amend the caption of BL 2006-1037 to allow a total of 72 residential units where 72 residential units were shown on the preliminary SP plan but where 60 residential units were identified in the original Council Bill, to eliminate condition #2 since a greenway has been constructed and to clarify that all other provisions of BL 2006-1037 remain in place, all of which is described herein (Proposal No. 2006SP-022-002).

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 amending the Morgan Park Place Specific Plan district for various properties located along 4th Avenue North, 5th Avenue North and Van Buren Street, between 3rd Avenue North and 5th Avenue North, to amend the caption of BL 2006-1037 to allow a total of 72 residential units where 72 residential units were shown on the preliminary SP plan but where 60 residential units were identified in the original Council Bill, to eliminate condition #2 since a greenway has been constructed and to clarify that all other provisions of BL 2006-1037 remain in place, being various Property Parcel Nos. as designated on various Maps 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 attached sketch, which is attached to 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 various Property Parcel Nos. as designated on various Maps 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 following conditions shall be completed, bonded or satisfied as specifically required:
1. Requirements specified in BL2006-1037 not specifically amended shall remain in effect.

Section 4. Be it further enacted that, 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 5. 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 6. 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

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LEGISLATIVE HISTORY
Introduced:	June 3, 2014
Passed First Reading:	June 3, 2014
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	July 1, 2014
Substitute Introduced:	July 15, 2014
Passed Third Reading:	July 15, 2014
Approved:	July 17, 2014
By:
Effective:	July 25, 2014