ORDINANCE NO. BL2016-318

SUBSTITUTE ORDINANCE NO. BL2016-318

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 2913 Simmons Avenue, at the northwest corner of Simmons Avenue and Tanksley Avenue, (0.35 acres), to permit up to two residential units, all of which is described herein (Proposal No. 2016SP-091-001).

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 2913 Simmons Avenue, at the northwest corner of Simmons Avenue and Tanksley Avenue (0.35 acres), being Property Parcel No. 003 as designated on Map 119-14 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 attached sketch, which is attached to 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 119 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 up to two residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. If two dwellings are constructed on the property, one dwelling shall be oriented to Simmons
Avenue while the other dwelling shall be oriented to Tanksley Avenue.
2. Height for principal dwellings shall be no more than 1.5 stories in 30 feet as measured from the average ground elevation at the front façade to the top ridge of the roof.
3. Principal dwellings shall provide a minimum of 25% glazing on the front facades.
4. Attached garages shall be side or rear-loaded and may not be located on a building façade directly oriented to either Simmons Avenue or Tanksley Avenue. Detached garages shall be located behind
the rear of the primary structures. The garage door of a detached garage may face the street.
5. Only one shared driveway shall be permitted into the site, a driveway entrance shall be located entirely within 30 ft. of the north or west property line.
6. Prohibited building materials include vinyl, aluminum siding, and EIFS.

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 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:	July 5, 2016
Deferred Indefinitely:	July 5, 2016
Passed First Reading:	September 6, 2016
Referred to:	Planning Commission - Approved (10-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 4, 2016
Passed Second Reading:	October 4, 2016
Substitute Introduced:	October 18, 2016
Passed Third Reading:	October 18, 2016
Approved:	October 19, 2016
By:
Effective:	October 21, 2016