SUBSTITUTE ORDINANCE NO. BL2014-906

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 IR to SP zoning for properties located at 1309 3rd Avenue North and 1304 4th Avenue North, north of Monroe Street and located within the Germantown Historic Preservation Overlay District, (2.79 acres), to permit up to 256 multifamily units, all of which is described herein (Proposal No. 2014SP-065-001).

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 IR to SP zoning for properties located at 1309 3rd Avenue North and 1304 4th Avenue North, north of Monroe Street and located within the Germantown Historic Preservation Overlay District, (2.79 acres), to permit up to 256 multifamily units, being Property Parcel Nos. 193, 198 as designated on Map 082-09 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 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 256 residential units and uses as shown on the plan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. A minimum of 66% of ground floor residential units shall include a porch, stoop or front door that has direct access to the sidewalk network.
2. The number of building stories, height, placements and elevations, as well as all site improvements are the exclusive purview of the MHZC.
3. The final site plan shall meet the conditions of Metro Traffic and Parking.
4. Indicate on the plans the installation of No parking signage on the North side of Monroe. Coordinate the approval and installation with Traffic and Parking Commission, prior to building permit submittal.
5. All ROW dedications must be recorded prior to MPW sign off on the building permit.
6. With building permit submittal include detail sheet(s) that include MPW standard details for curbs, sidewalks, etc.
7. Indicate sight distance at 3rd Ave access point, with proposed landscaping.

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 RM100-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.

Sponsored by: Erica Gilmore

View Sketch

View Site Plan

LEGISLATIVE HISTORY
Introduced:	October 7, 2014
Passed First Reading:	October 7, 2014
Referred to:	Planning Commission - Approved with Conditions 9-0 (September 11, 2014) Planning & Zoning Committee
Passed Second Reading:	November 4, 2014
Deferred Indefinitely:	November 18, 2014
Substitute Introduced :	February 24, 2015
Passed Third Reading:	February 24, 2015
Approved:	February 26, 2015
By:
Effective:	March 6, 2015