ORDINANCE NO. BL2014-859

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 1008 Joseph Avenue, approximately 230 feet south of Evanston Avenue, (0.16 acres), to permit up to two detached dwelling units, all of which is described herein (Proposal No. 2014SP-048-001).

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 1008 Joseph Avenue, approximately 230 feet south of Evanston Avenue, (0.16 acres), to permit up to two detached dwelling units, being Property Parcel No. 026 as designated on Map 082-03 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, 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 two detached residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Access shall be limited to the alley.
2. Parking shall not be permitted between the structures and 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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View Site Plan

Amendment No. 1
To
Ordinance No. BL2014-859

Madam President:

I move to amend Ordinance No. BL2014-859 by adding the following provision at the end of Section 4:

“3. A wooden privacy fence shall be constructed along the two adjacent property lines. Such privacy fence shall be a minimum of five feet and a maximum of six feet in height. If two units are constructed, a similar privacy fence shall be constructed between the units.”

Sponsored by: Scott Davis

LEGISLATIVE HISTORY

Introduced: August 5, 2014
Passed First Reading: August 5, 2014
Referred to: Planning Commission - Approved with Conditions 5-2
(July 24, 2014)
Planning & Zoning Committee
Passed Second Reading: September 9, 2014
Amended: September 16, 2014
Passed Third Reading: September 16, 2014
Approved: September 22, 2014
By: mayor's signature
Effective: September 26, 2014

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