ORDINANCE NO. BL2017-778

ORDINANCE NO. BL2017-778

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 RS5 to SP zoning for property located at 100 Fern Avenue, approximately 355 feet west of Brick Church Pike (0.22 acres), to permit up to two units with appropriate design standards, all of which is described herein (Proposal No. 2017SP-042-001).

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 property located at 100 Fern Avenue, approximately 355 feet west of Brick Church Pike (0.22 acres), to permit up to two units with appropriate design standards, being Property Parcel No. 403 as designated on Map 071-14 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 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 071 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 single-family dwelling unit or one two-family residential dwelling unit

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Only one curb cut is permitted along the Fern Avenue frontage. Vehicular access shall be limited to a driveway a maximum of 16 feet wide.
2. Building facades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing.
3. EIFS, vinyl siding and untreated wood shall be prohibited.
4. A raised foundation of 18”-36” is required for all residential structures that orient to a public street.
5. Porches shall provide a minimum of six feet of depth.
6. A 4 foot grass planting strip and 5 foot sidewalk shall be installed along the Fern Avenue frontage prior to the issuance of any use & occupancy permits.
7. Front-loaded garages shall be recessed a minimum of 5 feet from the front façade of the structure. For purposes of this condition, the front porch may count for the front façade.
8. Building height shall be limited to a maximum of three stories.
9. The final site plan/building permit 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.

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 RS6 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:	June 6, 2017
Passed First Reading:	June 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (9-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	July 6, 2017
Passed Second Reading:	July 6, 2017
Amended:	July 18, 2017
Passed Third Reading:	July 18, 2017
Approved:	July 24, 2017
By:
Effective:	July 29, 2017