ORDINANCE NO. BL2016-538

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 a Preliminary SP on properties located at 1267 and 1271 3rd Avenue South, at the southwest corner of 3rd Avenue South and Hart Street, zoned SP (0.95 acres), to permit a mixed-use development with up to 89 residential units and a maximum 8,500 square feet of non-residential uses, all of which is described herein (Proposal No. 2016SP-039-002).

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 a Preliminary SP on properties located at 1267 and 1271 3rd Avenue South, at the southwest corner of 3rd Avenue South and Hart Street, zoned SP (0.95 acres), to permit a mixed-use development with up to 89 residential units and a maximum 8,500 square feet of non-residential uses, being Property Parcel Nos. 443.01, 444 as designated on Map 105-07 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 105 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 89 residential units and a maximum of 8,500 square feet of commercial.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Height is limited to a maximum of 5 stories within 76 feet along Hart Street.
2. The rooftop patio is permitted along Hart Street. The roof covering the patio area shall not exceed 13 feet in height.
3. Height is limited to a maximum of 5 stories within 64 feet along 3rd Avenue South.
4. This property will not be eligible for short-term rental property (STRP) permits under Metro Code of Laws section 6.28.030.
5. The applicant voluntarily requests that he and his successors comply with Ordinance No. BL2016-133 if associated financial incentives are approved.
6. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
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 MUN-A 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: Colby Sledge

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LEGISLATIVE HISTORY
Introduced:	December 20, 2016
Passed First Reading:	December 20, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	February 7, 2017
Passed Second Reading:	February 7, 2017
Passed Third Reading:	February 21, 2017
Approved:	February 22, 2017
By:
Effective:	February 24, 2017