ORDINANCE NO. BL2015-1027

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 CS to SP zoning for property located at Elliott Avenue (unnumbered), approximately 340 feet west of Franklin Pike, (2.34 acres), to permit a multifamily development containing up to 200 dwelling units, all of which is described herein (Proposal No. 2015SP-003-001).

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 CS to SP zoning for property located at Elliott Avenue (unnumbered), approximately 340 feet west of Franklin Pike, (2.34 acres), to permit a multifamily development containing up to 200 dwelling units, being Property Parcel No. 057 as designated on Map 118-02 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 118 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 200 residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Final site plan approval shall be coordinated with the city of Berry Hill.
2. Sidewalks shall be required as indicated on the preliminary development plan (minimum 6 foot wide sidewalk with 4 foot wide grass strip).
3. Comply with all Public Works requirements, except where other more specific conditions may apply.
4. Any fence along Elliott Avenue shall not be opaque. Final fence designs shall be approved by the Planning Department and shall consist of quality materials consistent with the overall concept.

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 RM-100 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: Sandra Moore

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LEGISLATIVE HISTORY
Introduced:	February 3, 2015
Passed First Reading:	February 3, 2015
Referred to:	Planning Commission - Approved with Conditions 6-0 (January 8, 2015) Planning & Zoning Committee
Passed Second Reading:	March 3, 2015
Passed Third Reading:	March 17, 2015 - Roll Call Vote
Approved:	March 19, 2015
By:
Effective:	March 27, 2015