SUBSTITUTE ORDINANCE NO. BL2010-668An 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 for property located at 2898 Elm Hill Pike, at the northwest corner of Elm Hill Pike and Colfax Drive (0.35 acres), to permit an existing single-family dwelling to be used as an office building, all of which is described herein (Proposal No. 2010SP-010-001).
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 for property located at 2898 Elm Hill Pike, at the northwest corner of Elm Hill Pike and Colfax Drive (0.35 acres), to permit an existing single-family dwelling to be used as an office building, as being Property Parcel No. 017 as designated on Map 108-02 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 and which is on file with the Metropolitan Planning 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 Sheet No. 108 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 all uses permitted by ON zoning district.
Section 4. Be it further enacted, that a corrected copy of the SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. The corrected copy provided to the Planning Department shall include printed copy of the SP plan and a single PDF that contains the plan and all related SP documents. The corrected copy of the SP shall include:
1. Driveway width at connections to Elm Hill Pike and Colfax Drive shall have a minimum width of 15 feet.
2. A parking layout that complies with all parking standards of ON zoning with a minimum 20 foot setback from Elm Hill Pike and one accessible parking space shall be provided with an adjacent minimum 96-inch wide access aisle.
3. Correct dimensions of the property.
4. The following notes shall be added to the plan
a. For uses within the existing building, this SP shall follow the uses and standards of the ON zoning district with the exception of the landscape buffer yard provisions. The landscape buffer yards required by the ON zoning district shall be replaced with a requirement for a 6 foot opaque fence along the west and north property lines. Fences shall not extend into the street setbacks within 20 feet of the right-of-way.
b. For new development that replaces the existing structure or enlarges existing structure by more than 25% of the floor area, all standards of the ON zoning district shall apply.
Section 5. Be it further enacted, that if a corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, or any other development application for the property.
Section 6. Be it further enacted, grading permit approval from Metro Stormwater is required prior to the application of any other development-related permits.
Section 7. Be it further enacted, that minor modifications to the 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 in the plan that is part of this ordinance.
Section 8. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the ON zoning district as of the date of the applicable request or application.
Section 9. 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: Bruce Stanley
|Introduced:||April 6, 2010|
|Passed First Reading:||April 6, 2010|
Commission - Approved 10-0
(February 25, 2010)
Planning & Zoning Committee
|Passed Second Reading:||June 8, 2010|
|Substitute Introduced:||June 15, 2010|
|Passed Third Reading:||June 15, 2010|
|Approved:||June 18, 2010|
|Effective:||June 28, 2010|