ORDINANCE NO. BL2017-847

ORDINANCE BL2017-847

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 R10 to SP zoning on property located at 3219 Alpine Avenue, at the southeast corner of Hill Street and Alpine Avenue (0.42 acres), to permit two-family residential uses with a maximum of four units, all of which is described herein (Proposal No. 2017SP-062-001).

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 R10 to SP zoning on property located at 3219 Alpine Avenue, at the southeast corner of Hill Street and Alpine Avenue (0.42 acres), to permit two-family residential uses with a maximum of four units. Requested by SilverPointe Properties, applicant; Courtney Hale, owner., being Property Parcel No. 151 as designated on Map 070-09 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 070 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 Two-family residential uses, with a maximum of 4 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. The unbuilt Hill Street shall be improved to an alley standard and shall be constructed to the rear property line. Vehicular access shall be limited to this right-of-way.
2. The lot shall be subdivided into two lots with a minimum of 8,000 square feet each.
3. The recorded subdivision plat shall include a cross access easement from the improved Hill Street to provide access to both lots.
4. If a development standard is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the RM9-A zoning district as of the date of the applicable request or application.
5. The approved regulatory SP includes exhibits as submitted to the Planning Department including architectural elevations. The final site plan shall be consistent with submitted exhibits.
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.
7. Public water and sewer construction plans, if required, must be submitted and approved prior to Final SP approval. A water and sewer availability request shall be made prior to Final SP submittal with required capacity fees paid prior to Final Site Plan/SP approval.
8. No structures shall be within any public utility and drainage easements, alternatively stormwater pipes can be re-routed to avoid structures.
9. 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.
10. 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, 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 RM9-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.

LEGISLATIVE HISTORY
Introduced:	August 1, 2017
Passed First Reading:	August 1, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (10-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	September 5, 2017
Passed Second Reading:	September 5, 2017
Passed Third Reading:	September 19, 2017
Approved:	September 20, 2017
By:
Effective:	September 22, 2017