ORDINANCE NO. BL2015-1093

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 821, 827, 829, and 831 Porter Road, Porter Road (unnumbered), 2109 Tillman Lane, 809 Powers Avenue, and Powers Avenue (unnumbered), located north of Tillman Lane between Porter Road and Powers Avenue, (2.2 acres), to permit up to 54 stacked flats and 9 detached residential units, all of which is described herein (Proposal No. 2015SP-008-001).

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 R6 to SP zoning for properties located at 821, 827, 829, and 831 Porter Road, Porter Road (unnumbered), 2109 Tillman Lane, 809 Powers Avenue, and Powers Avenue (unnumbered), located north of Tillman Lane between Porter Road and Powers Avenue, (2.2 acres), to permit up to 54 stacked flats and 9 detached residential units, being Property Parcel Nos. 032, 033, 034, 035, 036, 037, 038, 039 as designated on Map 083-07 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 083 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 stacked flats and 9 detached residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Proposed alley abandonments must be approved by mandatory referral prior final plat approval.
2. The height of all buildings on Porter Road and Powers Avenue shall not exceed the heights shown on the provided site section, nor shall they increase the height as compared to the structures across Porter Road or Powers Avenue from the provided site section. The proposed step back in height on Porter Road shall be required with the final site plan.

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 RM40-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: Peter Westerholm

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LEGISLATIVE HISTORY
Introduced:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (6-1) Planning & Zoning Committee
Passed Second Reading:	May 5, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015