Bill BL2019-1531 (as amended)
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 R8 to SP zoning for property located at 2080 12th Avenue South, at the intersection of 12th Avenue South and Bate Avenue (0.63 acres), to permit 10 multi-family residential units, all of which is described herein (Proposal No. 2019SP-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 R8 to SP zoning for property located at 2080 12th Avenue South, at the intersection of 12th Avenue South and Bate Avenue (0.63 acres), to permit 10 multi-family residential units, being Property Parcel No. 251 as designated on Map 105-09 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 105 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 units. The following uses shall be specifically prohibited: short term rental property (STRP), owner occupied, and short term rental property (STRP), non-owner occupied.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, identify the private alley as a private drive.
2. The maximum height of Units 1-8 shall not exceed 3 stories in 35 feet plus one basement level. The maximum height of Units 1-9 shall not exceed 2 stories plus one basement level.
3. Units 4 and 5 shall include porches that wrap the corners with pedestrian entrances to Bate Avenue.
4. The screening wall along Bate Avenue shall not exceed a height of 6 feet along the street and shall include landscaping around the exterior of the wall.
5. Areas reserved for bioretention and stormwater management shall be designed as an amenity in addition to their other functions, including any stormwater treatment areas located with the common open space fronting Bate Avenue. Applicant shall work with staff on landscape details, including landscape buffer details, with the final site plan.
6. With the submittal of the final site plan, provide architectural elevations that demonstrate compliance with the conceptual elevations and the proposed architectural standards outlined on the Preliminary SP for review and approval.
7. 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.
8. 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.
9. 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.
10. Comply with all conditions of Stormwater, Water Services, and Public Works.
11. 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.
12. This property shall not be eligible for short-term rental property (STRP) permits under Chapter 17.16 of the Metropolitan Code of Laws. No Short Term Rental Property (STRP), Owner Occupied, nor Short Term Rental Property (STRP), Non-Owner Occupied, uses shall be permitted.
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 RM15-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.
IntroducedMarch 5, 2019
Passed First ReadingMarch 5, 2019
Referred toPlanning Commission - Approved with conditions, disapproved without all conditions (10-0) on 01/24/2019
Planning, Zoning, and Historical Committee
Public Hearing Scheduled forApril 2, 2019
Passed Second ReadingApril 2, 2019
AmendedApril 23, 2019
Passed Third ReadingApril 23, 2019
ApprovedApril 24, 2019
EffectiveApril 26, 2019
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 04/26/2019 2:42 PM