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Bill BL2018-1402

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 CN to SP zoning on property located at 927 and 929 40th Avenue North, at the southwest corner of Albion Street and 40th Avenue North (0.46 acres), 6 multi-family residential units, 5,000 square feet of retail uses and 1,400 square feet of office uses, all of which is described herein (Proposal No. 2018SP-054-001).

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 CN to SP zoning on property located at 927 and 929 40th Avenue North, at the southwest corner of Albion Street and 40th Avenue North (0.46 acres), 6 multi-family residential units, 5,000 square feet of retail uses and 1,400 square feet of office uses., being Property Parcel Nos. 283, 284 as designated on Map 091-08 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 091 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 6 multi-family residential units, 5,000 square feet of retail uses and 1,400 square feet of office uses

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. Sidewalks 8 feet in width and a planting strip 4 feet in width shall be installed along site frontage on 40th Avenue North. Sidewalk improvements consistent with local standards shall be installed along site frontage on Albion.
2. Work with Public Works to upgrade the sidewalk ramp located at across the street from the site in the southeast corner of 40th Avenue North and Albion Street.
3. Maximum permitted height is 3 stories in 35 feet as measured to the highest point of the roof.
4. 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.
5. 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 MUN-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)

Edward Kindall

Related Documents

Legislative History

IntroducedNovember 6, 2018

Passed First ReadingNovember 6, 2018

Referred toPlanning Commission - Approved with conditions, disapproved without all conditions (7-0) on 08/23/2018
Planning, Zoning, and Historical Committee

Deferred to February 5, 2019December 4, 2018

Deferred to March 5, 2019February 5, 2019

Public Hearing Scheduled forMarch 5, 2019

Passed Second ReadingMarch 5, 2019

Passed Third ReadingMarch 19, 2019

ApprovedMarch 25, 2019

ByMayor Briley's signature

EffectiveMarch 29, 2019

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

Last Modified: 03/25/2019 11:28 AM