ORDINANCE NO. BL2015-1095

ORDINANCE NO. BL2015-1095

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 on part of 1709 Pearl Street and at 423, 425 and 427 Fisk Street, at the southeast and southwest corners of Fisk Street and Pearl Street, (0.95 acres), to permit up to 50 residential units within two buildings, all of which is described herein (Proposal No. 2015SP-023-001).

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 on part of 1709 Pearl Street and at 423, 425 and 427 Fisk Street, at the southeast and southwest corners of Fisk Street and Pearl Street, (0.95 acres), to permit up to 50 residential units, within two buildings, being Property Parcel Nos. 134, 135, 366, part of 153 as designated on Map 092-08 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 092 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 a maximum of 50 multifamily residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. First floor residential units along Pearl Street shall have access and frontages with doors oriented towards the street, whether individual stoops or a combined stoop of no more than 2 units per stoop.
2. The two first floor units in each building along Fisk Street, closest to Pearl Street, shall have frontages with doors oriented towards the street, whether individual stoops or a combined stoop of no more than 2 units per stoop.
3. Prior to the final site plan application, the applicant shall evaluate whether the first floor unit farthest from Pearl Street in each building can be two stories and create an active street level presence with an entrance from Fisk Street that is below the grade of the other first floor units, with a second floor entrance to the parking to the rear of the building. Otherwise, street facades shall be pedestrian friendly through means of landscaping and architectural articulation of the building.
4. Raised foundations of 12-48” are required for both buildings, except where additional foundation is needed due to of topography. Foundations over 48” without pedestrian entrances shall include articulation and landscaping elements.
5. Sidewalk shall be installed along the western side of the Pearl Street West building to connect the sidewalk along Pearl Street and the sidewalk abutting the parking lot.
6. A four foot planting strip shall be placed between the curb and the sidewalk along both buildings.

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:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (8-0) Planning & Zoning Committee
Passed Second Reading:	May 5, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015