ORDINANCE NO. BL2014-905

SUBSTITUTE ORDINANCE NO. BL2014-905

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 R40 and RS40 to SP zoning for properties located at 6809 and 6813 Charlotte Pike, at the southwest corner of Charlotte Pike and Old Charlotte Pike, (3.07 Acres), to permit up to 34 dwelling units, all of which is described herein (Proposal No. 2013SP-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 R40 and RS40 to SP zoning for properties located at 6809 and 6813 Charlotte Pike, at the southwest corner of Charlotte Pike and Old Charlotte Pike, (3.07 Acres), to permit up to 34 dwelling units, being Property Parcel Nos. 016, 017 as designated on Map 102-11 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 attached and incorporated into this Ordinance, and which is on file with the Metropolitan Planning Department and Metropolitan Clerk’s Office 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 102 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 34 residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Final architectural plans must be approved by the Planning Department prior to final site plan approval. The Plans must be consistent with the Community Plan’s Land Use policies.
2. Ownership for units may be divided by a Horizontal Property Regime or a subdivision with a minimum lot size of 1,000 square feet.
3. Prior to the approval of any final site plan, the applicant shall work with the Planning Department and the Department of Public Works in order to determine if a pedestrian crossing in proximity to this project along Charlotte Pike is feasible along the site frontage or within the immediate area. If a crosswalk is feasible and can meet Public Works design standards and requirements, then the applicant shall construct the crosswalk and provide appropriate signalization, and provide a sidewalk connection from the development to the crosswalk. This condition is not required if Planning Department and Public Works Department determine that the off-site pedestrian facilities are not feasible.

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 RM20 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:	October 7, 2014
Passed First Reading:	October 7, 2014
Referred to:	Planning Commission - Approved with Conditions 8-0 (September 25, 2014) Planning & Zoning Committee
Passed Second Reading:	November 4, 2014
Substitute Introduced:	November 18, 2014
Passed Third Reading:	November 18, 2014
Approved:	November 19, 2014
By:
Effective:	November 21, 2014