ORDINANCE NO. BL2015-1051

ORDINANCE NO. BL2015-1051

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 R6 to SP zoning for properties located at 1101, 1103, 1105, 1107, 1109, 1111, 1113 and 1115 3rd Avenue South and 3rd Avenue South (unnumbered), at the southwest corner of 3rd Avenue South and Mildred Shute Avenue, (1.152 acres), to permit up to 54 residential units, 1,900 square feet of restaurant/retail space, and 10 units totaling 7,000 square feet which are to be office/retail/multi-family units (i.e. live/work units), all of which is described herein (Proposal No. 2015SP-004-001).

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:

A request to rezone from R6 to SP zoning for properties located at 1101, 1103, 1105, 1107, 1109, 1111, 1113 and 1115 3rd Avenue South and 3rd Avenue South (unnumbered), at the southwest corner of 3rd Avenue South and Mildred Shute Avenue, (1.152 acres), to permit up to 54 residential units, 1,900 square feet of restaurant/retail space, and 10 units totaling 7,000 square feet which are to be office/retail/multi-family units (i.e. live/work units), being Property Parcel Nos. 038, 039, 040, 041, 041.01, 042, 043, 044, 045 as designated on Map 105-03 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 105 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 up to 54 residential units, 1,900 square feet of restaurant/retail space, and 10 units totaling 7,000 square feet which are to be office/retail/multi-family units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The purpose note shall be revised as follows with the final site plan: “The purpose of this SP is to permit up to 54 residential units, 1,900 square feet of restaurant/retail space, and 10 units totaling 7,000 square feet which are to be office/retail/multi-family units (i.e. live/work units).”
2. The definition of live/work on page 3 of the booklet shall be revised as follows with the final site plan: “Live/work unit is defined as a single unit (e.g. studio, loft or one bedroom) consisting of either a commercial/office with a residential component that is occupied by the proprietor of the commercial/office. A live/work unit may also serve as solely residential use.”
3. The final site plan shall incorporate a Type A-3 landscape buffer yard with an opaque fence along the southern property line where the site is adjacent to an existing residential use.
4. The final site plan shall include a note in the parking table clarifying that parking for the live/work units is calculated as retail/office per the approved traffic study.
5. The final site plan shall incorporate a ground floor height of 14’ from grade and incorporate 40% glazing from grade to 14’ along both street frontages.
6. The final site plan shall incorporate a knee wall and landscaping to screen parking spaces along 3rd Avenue South.

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:	March 3, 2015
Passed First Reading:	March 3, 2015
Referred to:	Planning Commission - Approved with Conditions 6-0 (February 12, 2015) Planning & Zoning Committee
Passed Second Reading:	April 7, 2015
Passed Third Reading:	April 21, 2015
Approved:	April 22, 2015
By:
Effective:	April 24, 2015