ORDINANCE BL2017-853

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 R6 to SP zoning for various properties located along 33rd Avenue North, 35th Avenue North, Trevor Street, and Delaware Avenue, south of Interstate 40 (4.75 acres), to permit a maximum of 123 multi-family units, all of which is described herein (Proposal No. 2016SP-004-001).

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 R6 to SP zoning for various properties located along 33rd Avenue North, 35th Avenue North, Trevor Street, and Delaware Avenue, south of Interstate 40 (4.75 acres), to permit a maximum of 123 multi-family units, requested by Dale & Associates, applicant; Hill 33, LLC, owner., being Property Parcel Nos. 273, 274, 275, 276, 277, 278, 279, 280, 281, 284, 285, 285.01, 285.02, 286, 287, 288, 289, 290, 291, 292, 293, 380, 381, 386 as designated on Map 092-09 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 092 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 123 multi-family residential 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. With the final site plan submittal, the applicant shall revise all notes on Sheet C3.0, Layout and Landscape Plan, which read “Additional pavement as needed per ST-261” to read as follows “Additional pavement as needed per ST-261 pavement courses.”
2. 35th Avenue North shall be improved from Delaware Avenue to the alley between Trevor Street and Felicia Street to a minimum pavement width of 20 feet in order to accommodate two, ten-foot travel lanes. Due to existing topography constraints, modifications to the final design may be approved by the Planning Commission with a recommendation from Planning and Public Works staff if it is determined that there is not sufficient right-of-way. Plans for these improvements must be submitted with the first final site plan. Additional widening shall occur on 35th Avenue between Delaware Avenue and Trevor Street to accommodate an 8ft parking lane along the development’s property frontage.
3. 35th Avenue North shall be improved from the alley between Trevor Street and Felicia Street south to Charlotte Pike. It shall be designed to an ST-252 standard, with a sidewalk omitted on one side; however, due to existing topography constraints, modifications to the final design may be approved by the Planning Commission with a recommendation from Planning and Public Works staff if it is determined that there is not sufficient right-of-way. At a minimum, a 5-foot-wide sidewalk shall be installed along one side of 35th Avenue North. Plans for these improvements must be submitted with the first final site plan.
4. A five-foot-wide sidewalk shall be installed on one side of 33rd Avenue North from southern project boundary (coincident with the north end of 33rd Avenue North) south to Charlotte Pike. Due to existing topography constraints, modifications to the final design may be approved by the Planning Commission with a recommendation from Planning and Public Works staff if it is determined that there is not sufficient right-of-way. Plans for these improvements must be submitted with a final site plan for the stacked flats portion of the SP.
5. Trevor Street shall be widened between 33rd Avenue and 35th Avenue to accommodate an 8ft parking lane along the development’s property frontage.
6. Developer shall install an eastbound left turn lane with 75 feet of storage and transitions per AASHTO standards on Charlotte Pike at 35th Avenue North. Modification to Charlotte Pike will require TDOT approval. If the design of modifications to Charlotte Pike to accommodate the turn lane would result in elimination of the existing bike lane, the applicant shall first apply to the Planning Commission for a modification of the Major and Collector Street Plan.
7. Development shall be designed with Low Impact Development standards of the Metro Stormwater division and shall comply with all regulations and requirements of Metro Stormwater.
8. The applicant has requested to voluntarily provide a minimum of 12 affordable or workforce units that comply with the second substitute ordinance no BL2016-133.
9. The final site plans shall comply with the tree density standards of the Metro Zoning Code.
10. With the final site plan, the applicant shall work with planning staff to provide internal sidewalk connections to all units, to the greatest extent possible.
11. With the corrected copy, add the following note to the plan: 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.
12. 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.
13. 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, 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 RM20-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.

Sponsored by: Edward Kindall

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LEGISLATIVE HISTORY

Introduced: August 1, 2017
Passed First Reading: August 1, 2017
Referred to: Planning Commission – Approved with conditions and disapproved without all conditions (6-0)
Planning, Zoning, & Historical Committee
Public Hearing Scheduled For: September 5, 2017
Deferred: September 5, 2017
Passed Second Reading:  
Passed Third Reading:  
Approved:  
By:  
Effective:  
Next Consideration: September 19, 2017

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.