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Bill BL2018-1237

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 to SP zoning for properties located at 420 and 422 38th Avenue North, approximately 585 feet north of Charlotte Avenue (0.44 acres) to permit 10 multifamily units, all of which is described herein (Proposal No. 2018SP-037-001).

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 CS to SP zoning for properties located at 420 and 422 38th Ave N, approximately 585 feet north of Charlotte Avenue, (0.44 acres), to permit 10 multifamily units, being Property Parcel Nos. 175, 176 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 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 10 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 copy, modify the Height Standards in the Development summary: “40 feet max. measured to the highest point of the roof.”
3. Additional windows, glazing, or other architectural treatment shall be provided on the western (street facing) side of Unit #1 to address the street.
4. Any retaining walls located along 38th Avenue North within the 15 foot setback that exceed a height of 36 inches shall have a front façade of a material other than concrete block.
5. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards outlined on the Preliminary SP for review and approval.
6. 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.
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 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.
9. Comply with all conditions of Stormwater, Water Services, and Public Works.

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 RM9-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.

Sponsor(s)

Kathleen Murphy

Related Documents

Legislative History

IntroducedJune 5, 2018

Passed First ReadingJune 5, 2018

Referred toPlanning Commission - Approved with conditions and disapproved without all conditions (7-0) on 05/10/2018
Planning, Zoning, and Historical Committee - Approved

Public Hearing Scheduled forJuly 3, 2018

Passed Second ReadingJuly 3, 2018

Passed Third ReadingJuly 17, 2018

ApprovedJuly 18, 2018

ByMayor Briley's signature

EffectiveJuly 20, 2018

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

Last Modified: 07/26/2018 7:07 AM