ORDINANCE NO. BL2017-918

ORDINANCE BL2017-918

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 on a portion of property located at East Trinity Lane (unnumbered), at the southeast corner of East Trinity Lane and Edwin Street (10.08 acres), to permit up to 190 multi-family residential units, all of which is described herein (Proposal No. 2017SP-035-001).

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 on a portion of property located at East Trinity Lane (unnumbered), at the southeast corner of East Trinity Lane and Edwin Street (10.08 acres), to permit up to 190 multi-family residential units, being Property Parcel No. 058 as designated on Map 072-05 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 072 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 190 multi-family residential units.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. The development shall provide adequate access that meets the requirements of the Fire Marshal’s Office and Department of Public Works.
2. On the corrected set, rename “North Property” to Phase 1, and “South Property” to Phase 2.
3. On the corrected set, remove Note B.
4. On the corrected set, modify Note D: At least 50% of the building exteriors shall be made up of one or a combination of the following materials: Brick, stone, masonry, glazing and/or metal. Concrete and CMU block shall be limited to foundations only.
5. On the corrected set, remove the retaining wall note under Landscape Notes.
6. On the corrected set, add the following Architectural Notes:
• Building façades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing, except for cottages which shall provide a minimum of one principal entrance or outdoor terrace.
• Buildings “A” and “B” shall address the street frontage with architectural treatments including, but not limited to: windows, stoops and entrances, balconies, porches and other functional architectural elements.
• Buildings “A” and “B” shall avoid continuous interrupted blank facades. At a minimum, the façade plane shall be interrupted by one of the following for every twenty-five (25) feet of street frontage, open spaces, and parking areas:
I. A change in the building material
II. A horizontal undulation in the building façade
III. A porch, stoop, or balcony
• Changes in wall planes shall be related to entrances, the integral structure or the organization of interior spaces and activities and not merely for cosmetic effect.
• Porches shall provide a minimum of six feet of depth.
• Windows shall be vertically oriented at a ratio of 2:1 or greater, except for dormers.
• Any retaining walls above a height of 36 inches shall not be constructed out of concrete block and shall be landscaped, except for retaining walls located behind buildings where visibility is significantly reduced. All retaining walls shall be shown on the final site plan.
7. Correct the following Note: Sidewalks along E. Trinity Lane are required per the MCSP. Sidewalks along Edwin Street are required per Metro local standards.
8. The sidewalk/trail network shall connect to parcel # 07112009700 to provide pedestrian access through the site to Cherokee Avenue. A public access easement shall be recorded with the Final SP for pedestrian access of the trail network from Cherokee Avenue to the public sidewalks at Edwin Street and/or E. Trinity Lane.
9. Tree preservation areas shall remain undisturbed. A tree survey and detailed landscape plan shall be provided with the Final SP.
10. With the submittal of the Final SP, provide architectural elevations complying with all architectural standards outlined on the Preliminary SP for review and approval.
11. The Final SP shall itemize the number of bedrooms included in this development.
12. The Final SP shall comply with Metro Zoning Code Parking requirements.
13. Comply with all conditions of Public Works and Traffic and Parking.
14. 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.
15. The Preliminary SP plan is the site plan and associated documents. Remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
16. 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.

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 RM20-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.

LEGISLATIVE HISTORY
Introduced:	October 3, 2017
Passed First Reading:	October 3, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (8-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	November 7, 2017
Passed Second Reading:	November 7, 2017
Passed Third Reading:	November 21, 2017
Approved:	November 22, 2017
By:
Effective:	December 1, 2017