ORDINANCE NO. BL2014-885

ORDINANCE NO. BL2014-885

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 OR20 to SP zoning for property located at 1035 West Eastland Avenue, at the corner of West Eastland Avenue and Bailey Street (0.8 Acres) to permit up to 65 units and a maximum commercial square footage of 8,000 square feet, all of which is described herein (Proposal No. 2014SP-059-001).

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 OR20 to SP zoning for property located at 1035 West Eastland Avenue, at the corner of West Eastland Avenue and Bailey Street (0.8 Acres), to permit up to 65 units and a maximum commercial square footage of 8,000 square feet, being Property Parcel No. 096 as designated on Map 083-05 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 083 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 the uses specified in the Council approved SP document. No other uses shall be permitted without Council approval.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Street-facing facades shall be articulated in a manner consistent with the illustrative examples shown on pages 13-16 of the Specific Plan document. Tools for articulation will include at least one of the following but preferably all: changes in plane, material, or finish. Unarticulated massing shall not exceed 40’ in width. In addition, the building facade cannot exceed 60’ in width without a change in plane or vertical break.
2. Where non-residential and residential uses are allowed along West Eastland Avenue, as depicted on page four of the development standards, the height shall be limited to 52 feet. Where only residential uses are allowed along Bailey Street, as depicted on page four of the development standards, the height shall be limited to 48 feet.

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 MUL-A 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.

LEGISLATIVE HISTORY
Introduced:	September 9, 2014
Passed First Reading:	September 9, 2014
Referred to:	Planning Commission - Approved with Conditions 7-0 (August 14, 2014) Planning & Zoning Committee
Passed Second Reading:	October 7, 2014
Passed Third Reading:	October 21, 2014
Approved:	October 22, 2014
By:
Effective:	October 24, 2014