ORDINANCE NO. BL2017-919

ORDINANCE BL2017-919

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 CS and ON to SP zoning on properties located at 406 and 408 Spence Lane, approximately 175 feet south of Marwood Lane, (1.36 acres), to permit a mixed-use development with a maximum of 10,000 square feet of retail, office, personal care service, and restaurant uses and a maximum of four multi-family residential units, all of which is described herein (Proposal No. 2017SP-076-001).

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:

Bychanging from CS and ON to SP zoning on properties located at 406 and 408 Spence Lane, approximately 175 feet south of Marwood Lane, (1.36 acres), to permit a mixed-use development with a maximum of 10,000 square feet of retail, office, personal care service, and restaurant uses and a maximum of four multi-family residential units, being Property Parcel No. 012 as designated on Map 094-15 and Property Parcel No. 001 as designated on Map 106-03 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 094 and Map 106 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 2,000 square feet of restaurant, a maximum of 8,000 square feet of general office, medical office, retail, or personal care service uses, and a maximum of four multi-family residential units.

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

1. With the corrected copy, revise the purpose note and list of permitted uses on the plan to reflect only the following uses: General Office, Medical Office, Retail, Personal Care Services, Restaurant, Multi-Family Residential.
2. The requirements for parking established in Section 17.20.030 of the Metro Zoning Ordinance shall be met for all uses with the Final SP.
3. To ensure that Spence Lane is addressed as the principle frontage, the following architectural standards shall apply to buildings with frontage on Spence Lane:
• A minimum of one entrance shall be provided on the façade fronting Spence Lane or at the corner of the building addressing both Spence Lane and the access drive.
• A minimum of 40% glazing shall be required on the façade fronting Spence Lane.
• Primary façade materials shall not change at outside corners and shall wrap all sides of the building fronting a public street or private drive.
4. The townhome units shall be oriented to the interior townhouse court. The two units adjacent to the open space shall include a wrapped porch or other architectural element that addresses the open space or a minimum of 25 percent glazing on the side of the unit facing the open space.
5. Comply with all conditions of Metro Public Works and Traffic and Parking.
6. Requesting this rezoning may affect the provision of affordable or workforce housing units in rental projects involving five or more rental units on site, as set forth in Ordinance Nos. BL 2016-133, and BL2016-342, which authorizes Metro grants to offset the provision of affordable or workforce housing units.
7. 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.
8. 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 CS 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 (7-0) 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