ORDINANCE NO. BL2017-924

ORDINANCE BL2017-924

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 Hummingbird Drive (unnumbered), northwest of the terminus of Swan Drive (4.41 acres), to permit 26 multi-family residential units, all of which is described herein (Proposal No. 2017SP-057-001).

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 Hummingbird Drive (unnumbered), northwest of the terminus of Swan Drive (4.41 acres), to permit 26 multi-family residential units, being Property Parcel Nos. 009, 011 as designated on Map 059-13 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 059 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 26 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, modify the height standards in the development summary table: Maximum height for Units 1-4 and Units 21-23 shall be 2.5 stories in 30 feet. Maximum height for all other units shall be 3 stories in 35 feet.
3. Windows shall be vertically oriented at a ratio of 2:1 or greater, except for dormers.
4. EIFS, vinyl siding and untreated wood shall be prohibited.
5. Porches shall provide a minimum of six feet of depth.
6. On the corrected set, modify the following Architectural Notes:
A. Building facades fronting a street and courtyard or common open space shall provide a minimum of one principal entrance (doorway) and a minimum 25% glazing.
7. On the corrected set, remove Architectural Note ‘E’.
8. On the corrected set, add the following note to all open spaces except for designated recreational areas and stormwater facilities: All existing trees in designated open spaces shall be preserved. These areas shall remain undisturbed.
9. Comply with all conditions of Public Works and Traffic and Parking.
10. The landscape buffer along the southern property line shall be ten (10) feet.
11. Internal sidewalks shall be provided that access all units.
12. Areas designated as “Natural Conservation Area” shall remain undisturbed.
13. A tree protection plan may be required prior to Final SP approval.
14. 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.
15. The Final SP shall comply with Metro Zoning Code Parking requirements.
16. The Final SP 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.
17. With the submittal of the Final SP, provide architectural elevations complying with all architectural standards outlined on the Preliminary SP for review and approval.
18. The Final SP 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.
19. 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 RM6 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