ORDINANCE NO. BL2017-554

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 R6 to SP zoning on properties located at 431 Wingrove Street and 2150 Byrum Avenue, at the southeast corner of Byrum Avenue and Wingrove Street, (2.28 acres), to permit up to 83 residential units, all of which is described herein (Proposal No. 2016SP-080-001).

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 R6 to SP zoning on properties located at 431 Wingrove Street and 2150 Byrum Avenue, at the southeast corner of Byrum Avenue and Wingrove Street, (2.28 acres), to permit up to 83 residential units, being Property Parcel Nos. 222, 223, 224 as designated on Map 105-11 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 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 shall be limited to a maximum of 83 residential uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Before Final SP approval, the building fronting Byrum Street that is closest to the intersection of Byrum and Wingrove Streets shall be re-designed to break up the overall massing of the structure. The massing shall be broken up by articulating a portion of the middle of the building back a minimum of 8 feet from the rest of the building facade in order to break up the massing of the overall structure or by other means upon Planning Staff approval.
2. An off-site sidewalk from the site to Nolensville Pike is required. Submit a contribution in-lieu of construction to the Planning Department prior to the issuance of building permits. The rate of $96.00 per linear foot of total frontage area will require a $64,320.00 (96.00 x 670 feet) contribution to Pedestrian Benefit Zone 5-A.
3. The optional structure in the amenity area shall not occupy more than 50% of the plaza, as shown in the preliminary plan.
4. The developer voluntarily requests that he and his successors comply with BL2016-133 if associated financial incentives are approved.
5. Short Term Rental Property uses shall be prohibited.
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 final site plan shall label all internal driveways as “Private Driveways”. A note shall be added to the final site plan that the driveways shall be maintained by the Homeowner’s Association.
8. The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone. Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.
9. 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 RM40-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:	January 3, 2017
Passed First Reading:	January 3, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (9-0) 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