ORDINANCE NO. BL2015-75

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 R10 to SP zoning for properties located at 1210 Preston Drive and 2329 Carter Avenue, at the northwest corner of Carter Avenue and Preston Drive (0.84 acres), to permit up to five residential units in an existing structure, all of which is described herein (Proposal No. 2015SP-095-001).

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 R10 to SP zoning for properties located at 1210 Preston Drive and 2329 Carter Avenue, at the northwest corner of Carter Avenue and Preston Drive (0.84 acres), to permit up to five residential units in an existing structure, being Property Parcel Nos. 120, 120.01 as designated on Map 083-04 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 a maximum of five multi-family residential units within the existing structure.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. With the Final SP submittal, the applicant shall eliminate the 2 foot retaining wall along the parking area or provide evidence why the retaining wall is necessary.
2. With the Final SP submittal the parking area along Preston Avenue shall be reduced to a total of four parking stalls. The applicant shall remove the three parking stalls closest to the corner of Carter Avenue and Preston Lane.
3. With the final SP submittal, the applicant shall determine if carports will be incorporated for all units or none of the units.
4. The proposed building conversion for five multi-family units shall not increase the existing height. Building elevations for all facades shall be provided with the final site plan. Carport elevations shall be provided with the final SP (if proposed) and shall have similar materials as the existing building. The following standards shall be met:
a. EIFS, vinyl siding and untreated wood shall be prohibited.
b. Unit A shall have a minimum of 25% glazing on the Carter Avenue facade.
5. 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 R10-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: Anthony Davis

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LEGISLATIVE HISTORY

Introduced: December 1, 2015
Passed First Reading: December 1, 2015
Referred to: Planning Commission - Approved with conditions and disapproved without all conditions. (6-0)
Planning & Zoning Committee
Passed Second Reading: January 5, 2016
Passed Third Reading: January 19, 2016
Approved: January 25, 2016
By: Mayor's signature
Effective: January 29, 2016

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