ORDINANCE NO. BL2016-289

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 the Porter Road Specific Plan District for property located at 1509 Porter Road and Porter Road (unnumbered) to add parcel 237 and permit a maximum of 50 residential units and up to 7,400 square feet of commercial use where 28 residential units and up to 6,000 square feet of commercial use were previously approved, approximately 72 feet south of Cahal Avenue, zoned SP and R6 (2.55 acres), all of which is described herein (Proposal No. 2013SP-030-003).

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 the Porter Road Specific Plan District for property located at 1509 Porter Road and Porter Road (unnumbered) to add parcel 237 and permit a maximum of 50 residential units and up to 7,400 square feet of commercial use where 28 residential units and up to 6,000 square feet of commercial use were previously approved, approximately 72 feet south of Cahal Avenue, zoned SP and R6 (2.55 acres), being Property Parcel Nos. 237, 356 as designated on Map 072-15 and Property Parcel Nos. 001-022, 900 as designated on Map 072-15 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 072 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 50 residential units. Non-residential uses shall include a minimum of 2,000 square feet and up to a maximum of 7,400 square feet.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Restaurant uses are limited to a maximum of 3,000 square feet, unless additional parking is provide in compliance with Metro Zoning Code requirements. Additional floor area for restaurant uses shall be reviewed with final site plan and/ or use and occupancy permits. Additional parking may be permitted offsite, but must be approved by Metro Planning and/or Metro Public Works.
2. All parking requirements shall meet the UZO standards in section 17.20 of the Metro Zoning Code.
3. Elevations shall be required with the Final Site Plan application.
4. Additional floor area for restaurant uses shall be reviewed with final site plan and/or use and occupancy permits.
5. Add the following note to the plan: The final site plan/building permit 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. Permitted signs shall be limited to wall mounted signs, projecting signs, awning signs, window signs and hanging signs. Freestanding ground signs, monument signs, portable signs, roof mounted signs, LED signs and billboards shall not be permitted. A signage program shall be included with the final site plan and must be approved by Planning.
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 MUL-A zoning district as of the date of the application 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:	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