ORDINANCE NO. BL2015-1299

SUBSTITUTE ORDINANCE NO. BL2015-1299

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 amending an existing SP to permit four townhome units plus two live/work units for a total of six units, where four detached units had previously been approved, approximately 174 feet north of Rosa Parks Blvd (0.18 acres), all of which is described herein (Proposal No. 2006SP-075-001).

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 amending an existing SP to permit four townhome units plus two live/work unit for a total of six units, where four detached units had previously been approved, approximately 174 feet north of Rosa Parks Blvd (0.18 acres), being Property Parcel No. 441 as designated on Map 081-12 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 081 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 six residential units, with two of the six units located along the corner of Taylor Street and 7th Avenue North, allowed to be live/work.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. Live/work unit is defined as a single unit consisting of a commercial space on the first floor and a residential component that is occupied by the proprietor of the commercial space above. The live/work unit may also serve as solely residential use. Commercial uses include retail, office and personal care services only.
2. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.

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 RM20-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: Erica Gilmore

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Amendment No. 1
To
Substitute Ordinance No. BL2015-1299

Madam President:

I move to amend BL2015-1299 as follows:

I. By deleting the current Section 3 and replacing it with the following:

Section 3. Be it further enacted, that he uses of this SP shall permit four townhome units and one live/work unit, for a total of five units.

II. By amending Section 4 to add the following provisions:

3. The final site plan shall include two parking spaces per unit.

4. The final site plan shall incorporate 3-foot planting strips and pervious pavers into a portion of the public sidewalk. The sidewalk shall be a minimum of 5 feet in depth along Taylor Street to accommodate street trees to be placed between the sidewalk and roadway. The installation of such planters and pavers shall be contingent upon approval of the Department of Public Works and, if determined to be necessary by the Department of Public Works, approval of an ordinance allowing the encroachment in the right-of-way.

5. The final site plan shall incorporate a 4-foot planting strip and pervious pavers into a portion of the public sidewalk. The sidewalk shall be a minimum of 7 feet in depth along 7th Avenue to accommodate street trees to be placed between the sidewalk and roadway. The installation of such planters and pavers shall be contingent upon approval of the Department of Public Works and, if determined to be necessary by the Department of Public Works, approval of an ordinance allowing the encroachment in the right-of-way.

LEGISLATIVE HISTORY
Introduced:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	August 4, 2015
Substitute Introduced:	August 18, 2015
Amended:	August 18, 2015
Passed Third Reading:	August 18, 2015
Approved:	August 19, 2015
By:
Effective:	August 21, 2015