SUBSTITUTE ORDINANCE BL2017-816

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 on properties located at 98 Rose Street and 99 Evelyn Drive, at the northeast corner of Miller Street and Rose Street (0.82), to permit six  five multi-family units, all of which is described herein (Proposal No. 2017SP-021-001).

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 on properties located at 98 Rose Street and 99 Evelyn Drive, at the northeast corner of Miller Street and Rose Street (0.82), to permit six five multi-family units, being Property Parcel Nos. 131, 135 as designated on Map 119-02 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 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 a maximum of six (6) five (5) multi-family residential units.

Section 4. 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.

1. Internal shared sidewalks shall be five feet (5’) in width. 
2. Provide a public pedestrian access easement for the sidewalk along Miller Street.
3. The final site plan shall add the following note to the internal private five-foot (5’) north-south sidewalk on the west side of the site fronting Miller Street connecting to Evelyn Drive and Rose Street: five-foot (5’) private sidewalk shall be maintained by the Homeowner’s Association. 
4. Provide a public pedestrian access easement for the sidewalk along Miller Street.
5.  All private drives shall consist of only pervious pavers. 
6. Units 2, 3 and 5 shall be limited to 1.5 stories in height, to a maximum height of 25 feet, measured to the top of the roof.  Units 1 and 4 shall be limited to a maximum height of 2 stories in 35, measured to the top of the roof.

Section 5. 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 6. 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 RM20-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance/

Section 7. 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: Michael Freeman

View Sketch

View Site Plan

LEGISLATIVE HISTORY
Introduced:	July 6, 2017
Passed First Reading:	July 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (9-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 1, 2017
Passed Second Reading:	August 1, 2017
Substitute Introduced:	August 15, 2017
Passed Third Reading:	August 15, 2017
Approved:	August 16, 2017
By:
Effective:	August 18, 2017