ORDINANCE NO. BL2016-398

ORDINANCE NO. BL2016-398

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, A request to rezone from RS5 to SP zoning for properties located at 716 and 718 McFerrin Avenue, approximately 135 feet northwest of Maxwell Avenue (0.39 acres), to permit all uses under RS5 zoning and office uses, including home occupation uses, all of which is described herein (Proposal No. 2016SP-063-001).

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 RS5 to SP zoning for properties located at 716 and 718 McFerrin Avenue, approximately 135 feet northwest of Maxwell Avenue (0.39 acres), to permit all uses under RS5 zoning and office uses, including home occupation uses, being Property Parcel Nos. 283, 284 as designated on Map 082-08 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 082 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 office uses, home occupation uses, and all uses permitted under the RS5 zoning district.

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

1. Any planned alterations to the properties under this SP must meet the Maxwell Heights Neighborhood Conservation Overlay Design Guidelines and be approved by the Metro Historic Zoning Commission.

2. The following design standards shall apply:
a. One sign per building.
b. Sign may be a flush-mounted wall sign located near the principle entrance or a hanging sign parallel with the porch.
c. Signage shall not exceed four square feet.
d. Signs may only have external illumination, limited to indirect spotlights directed at the face of the sign. Signs may not move, rotate, or spin.
e. Projecting signs, monument signs, and yard signs are prohibited.

3. 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.

4. The standards for the Home Occupation uses in this SP are similar to Metro Zoning Code standards for Home Occupations. The home occupation use shall only be conducted in the dwelling unit. Clients may be served on the property only between the hours of 8:00 AM and 5:00 PM, and only between Monday and Friday. This provision is not currently in the Metro Zoning Code for Home Occupations. No more than one part-time or full-time employee not living within the dwelling may work at the home occupation. The home occupation shall not occupy more than twenty percent of the total floor area of the structure and in no event more than 500 square feet of floor area. The units will have a residential design and not a commercial design.

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 ON 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:	September 6, 2016
Passed First Reading:	September 6, 2016
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (7-1) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 4, 2016
Passed Second Reading:	October 4, 2016
Passed Third Reading:	October 18, 2016
Approved:	October 19, 2016
By:
Effective:	October 21, 2016