ORDINANCE NO. BL2016-278

ORDINANCE NO. BL2016-278

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 CN and RS40 to SP zoning for property located at Neely's Bend Road (unnumbered), at the northeast corner of the intersection of Hudson Road and Neely's Bend Road (1.92 acres), to permit up to two single-family detached dwelling units, all of which is described herein (Proposal No. 2016SP-037-001).

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 CN and RS40 to SP zoning for property located at Neely's Bend Road (unnumbered), at the northeast corner of the intersection of Hudson Road and Neely's Bend Road (1.92 acres), to permit up to two single-family detached dwelling units, being Property Parcel No. 018 as designated on Map 063-01 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 063 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 two detached dwelling units.

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 RS30 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: Bill Pridemore

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-278

Mr. President –

I move to amend Ordinance No. BL2016-278 as follows:

I. By amending Section 4 by deleting it in its entirety and substituting therefore the following:

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The developer's final construction drawings shall comply with the design regulations established by the Department of Public Works.
2. Ownership for units may be divided by a Horizontal Property Regime or a subdivision with a minimum lot size of 40,000 square feet.
3. Height is limited to two stories in 35 feet.
4. Primary structures shall be no less than two thousand (2,000) square feet.
5. No parking is permitted between the primary structure and street. Hard surfaces for vehicular access shall be limited to a 16’ driveway between the primary structure and the street.
6. A raised foundation of 18”- 36”, consisting of rock, stone or brick masonry, is required for all residential structures.
7. If the residential structure includes a front porch, it must be constructed of rock, stone or brick masonry.
8. EIFS, vinyl siding and untreated wood shall be prohibited.
9. Front-loading garage entries are prohibited.
10. Street setback distances shall be governed by Metro Code of Laws section 17.12.030.

II. By amending Section 7 by deleting it in its entirety and substituting therefore the following:

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 RS40 zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

LEGISLATIVE HISTORY
Introduced:	June 7, 2016
Passed First Reading:	June 7, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (8-0-1) Planning, Zoning, & Historical Committee
Passed Second Reading:	July 5, 2016
Deferred:	July 19, 2016
Amended:	August 2, 2016
Passed Third Reading:	August 2, 2016
Approved:	August 3, 2016
By:
Effective:	August 5, 2016