ORDINANCE NO. BL2016-273

ORDINANCE NO. BL2016-273

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 R8 to SP zoning for property located at 5804 Ethel Street, on the southeast corner of Ethel Street and Mackie Street (0.16 acres), to permit two detached residential units, all of which is described herein (Proposal No. 2016SP-025-001).

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 R8 to SP zoning for property located at 5804 Ethel Street, on the southeast corner of Ethel Street and Mackie Street (0.16 acres), to permit two detached residential units, being Property Parcel Nos. 418, 418 as designated on Map 091-10 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 091 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 two residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Sidewalks are required along Ethel Street; therefore, prior to final site plan approval one of the below options must be chosen related to sidewalks:
a. Submit contribution in-lieu of construction to the Planning Department. The rate of $96 per linear foot of total frontage area will require a $7,680 contribution to Pedestrian Benefit Zone 1-A.
b. Construct an equal length of sidewalk within the same Pedestrian Benefit Zone, in a location to be determined in consultation with the Public Works Department.
2. Building façades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing.
3. Windows shall be vertically oriented at a ratio of 1.5:1 or greater, except for dormers or egress windows.
4. EIFS, vinyl siding and untreated wood shall be prohibited.
5. Porches shall provide a minimum of six feet of depth.
6. A raised foundation of 18”- 36” is required for all residential structures.
7. 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.

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 R6 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:	June 7, 2016
Passed First Reading:	June 7, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (10-0) Planning, Zoning, & Historical Committee
Passed Second Reading:	July 5, 2016
Passed Third Reading:	July 19, 2016
Approved:	July 20, 2016
By:
Effective:	July 22, 2016