ORDINANCE BL2017-820

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 SP and RS10 to SP zoning on properties located at 704, 708 and 710 Due West Avenue North, opposite Old Due West Avenue, (1.24 acres), to permit up to 28 multi-family units, all of which is described herein (Proposal No. 2017SP-046-001).

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 SP and RS10 to SP zoning on properties located at 704, 708 and 710 Due West Avenue North, opposite Old Due West Avenue, (1.24 acres), to permit up to 28 multi-family units, being Property Parcel Nos. 003, 004 and 005 as designated on Map 051-06 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 051 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 28 multi-family residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Building height shall be limited to a maximum of three stories in 30 feet.
2. With submittal of a final site plan, the applicant shall revise the landscaping plans to include landscaping along the full length of the retaining wall along the property frontage.
3. Building elevations consistent with the conceptual elevations and materials depicted in the
Preliminary SP plan shall be provided with the Final SP.
4. 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.
5. 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.
6. 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 RM15-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: Nancy VanReece

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