ORDINANCE NO. BL2014-936

ORDINANCE NO. BL2014-936

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 R15 to SP zoning for property located at 4201 Kirtland Road, at the southwest corner of Kirtland Road and Overhill Drive (0.45 acres), to permit up to four detached residential dwelling units, all of which is described herein (Proposal No. 2013SP-022-001).

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 R15 to SP zoning for property located at 4201 Kirtland Road, at the southwest corner of Kirtland Road and Overhill Drive (0.45 acres), to permit up to four detached residential dwelling units, being Property Parcel No. 144 as designated on Map 131-02 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 131 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 four detached residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. A minimum six foot separation is required between units and is subject to all Building and Fire Code requirements.
2. No structure shall be more than three stories and shall be limited to a maximum height of 35 feet, measured to the roofline. Building elevations for all street facades shall be provided with the final site plan. Each of the proposed street facades shall have a distinct design and composition. The following standards shall be met:
a. Building facades fronting a street and courtyard shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing. Building No. 1 shall have façade requirements on front and rear side.
b. Windows shall be vertically oriented at a ratio of 2:1 or greater.
c. EIFS and vinyl siding shall be prohibited.
d. Finished ground floors and porches shall be elevated a minimum of 18 inches to a maximum of 30 inches from the abutting average ground elevation.
3. Final SP plans shall state the correct CCM policy on page 1.
4. Ownership for units may be divided by a Horizontal Property Regime or a subdivision with a minimum lot size of 1,000 square 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 RM15 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:	November 4, 2014
Passed First Reading:	November 4, 2014
Referred to:	Planning Commission - Approved with Conditions 8-0 (September 25, 2014) Planning & Zoning Committee
Passed Second Reading:	December 2, 2014
Passed Third Reading:	December 16, 2014
Approved:	December 17, 2014
By:
Effective:	December 19, 2014