ORDINANCE NO. BL2014-836

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 RS7.5 to SP zoning for property located at Ewing Drive (unnumbered), at the northwest corner of Ewing Drive and Gwynnwood Drive and partially located within the Floodplain Overlay District, (3.74 acres), to permit up to 28 residential units, all of which is described herein (Proposal No. 2014SP-032-001).

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 RS7.5 to SP zoning for property located at Ewing Drive (unnumbered), at the northwest corner of Ewing Drive and Gwynnwood Drive and partially located within the Floodplain Overlay District, (3.74 acres), to permit up to 28 residential units, being Property Parcel No. 001 as designated on Map 060-00 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 060 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 28 residential units.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Finished ground floors and porches shall be elevated a minimum of 24 inches and maximum of 48 inches from the abutting average ground elevation.
2. Building facades fronting a street, courtyard and parking area shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing.
3. Wraparound porches, glazing or landscaping shall be incorporated on units with side façades facing a public street.
4. EIFS and vinyl siding shall be prohibited.
5. Maximum height of units shall be 2 stories in 35 feet to the top of the roof.
6. Landscape plans shall be submitted with the final site plan.
7. Pervious pavement shall be used for private walkways located in the floodplain and other private walkways throughout the site, where possible.
8. Prior to the 6th Use and Occupancy permit, all of Public Works required improvements along Ewing Drive shall be completed. Prior to the Use and Occupancy permit for the 15th unit, all of Public Works required improvements along Gwynnwood Drive shall be completed.

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 RM9 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: Frank Harrison

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LEGISLATIVE HISTORY

Introduced: July 1, 2014
Passed First Reading: July 1, 2014
Referred to: Planning Commission - Approved with Conditions 7-0-1
(May 22, 2014)
Planning & Zoning Committee
Passed Second Reading: August 5, 2014
Passed Third Reading: August 19, 2014
Approved: August 20, 2014
By: mayor's signature
Effective: August 22, 2014

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.