ORDINANCE NO. BL2016-108

SUBSTITUTE ORDINANCE NO. BL2016-108

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 RS10 to SP zoning for property located at 3312 John Mallette Drive, at the northeast corner of Manchester Avenue and John Mallette Drive (0.72 acres), to permit up to 8 attached residential units, all of which is described herein (Proposal No. 2015SP-108-001).

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 RS10 to SP zoning for property located at 3312 John Mallette Drive, at the northeast corner of Manchester Avenue and John Mallette Drive (0.72 acres), to permit up to 8 attached residential units, being Property Parcel No. 035 as designated on Map 069-16 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 069 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 8 multifamily residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. No structure shall be more than three stories and shall be limited to a maximum height of 35 feet, measured to the roofline. Building elevations for all street facing facades shall be provided with the final site plan. The following standards shall be met:
a. Building façades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing.
b. Windows shall be vertically oriented at a ratio of 1.5:1 or greater, except for dormers or egress windows.
c. EIFS, vinyl siding and untreated wood shall be prohibited.
d. Porches shall provide a minimum of six feet of depth.
e. A raised foundation of 18”- 36” is required for all residential structures.
2. A decorative fence shall be erected along the entirety of the eastern and northern borders of the property, constructed of wood to a minimum of four feet (4’0’’) in height.
3. 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.
4. The final site plan shall label all internal driveways as “Private Driveways”. A note shall be added to the final site plan that the driveways shall be maintained by the Homeowner’s Association.
5. Add the following note to the plan: The final site plan shall depict a minimum 5 foot clear path of travel for pedestrian ways, including public sidewalks, and the location of all existing and proposed obstructions. Prior to the issuance of use and occupancy permits, existing obstructions within the path of travel shall be relocated to provide a minimum of 5 feet of clear access.
6. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.
7. Each unit will be furnished with one (1) 96 gallon refuse cart for trash collection and one (1) 96 gallon recycling cart for recycling collection, with dedicated space provided for each. No dumpsters shall be permitted on the property. The Metro Department of Public Works shall not be responsible for collection of refuse or recycling materials. Instead, collection of such shall be done through private contractor(s). Waste collection plans shall be documented within the master deed for the property filed with the Register of Deeds, and a copy shall be submitted to the Public Works Department. The refuse and recycling collections plans must be further documented in the Home Owners Association by-laws and must otherwise comply with Metro Solid Waste guidelines.

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 RM15-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:	January 5, 2016
Passed First Reading:	January 5, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (9-0) Planning & Zoning Committee
Passed Second Reading:	February 2, 2016
Deferred:	February 16, 2016
Substitute Introduced:	March 15, 2016
Passed Third Reading:	March 15, 2016
Approved:	March 16, 2016
By:
Effective:	March 25, 2016