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Third Substitute Bill BL2016-414

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 along Elvira Avenue and Keeling Avenue, approximately 600 feet west of Anderson Place, (4.56 acres), to permit a maximum of 72 residential units, all of which is described herein (Proposal No. 2016SP-087-001).

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 along Elvira Avenue and Keeling Avenue, approximately 600 feet west of Anderson Place, ( 4.56 acres), being Property Parcel Nos. 061-068 and 164 as designated on Map 072-05 (see attached diagram of included lots) 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 attached sketch, which is attached to 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 072 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 up to 72 residential units.

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

  1. Uses within this SP shall be limited to those permitted by the RM40 Zoning District. Short term rental property (STRP) use shall be permitted to the same extent as in the R6 Zoning District.
  2. The total number of units shall not exceed a total 72 units.
  3. The maximum FAR shall be 1.0.
  4. The maximum ISR shall be 0.75.
  5. Residential Units fronting Elvira Avenue shall be detached single family homes.
  6. Units along Elvira Avenue shall be limited to a maximum of 2 stories and 35 feet in height. Units interior to the properties shall be limited to a maximum of 3 stories and 45 feet in height.
  7. 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 RM40 zoning district as of the date of the applicable request or application.
  8. 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.
  9. Public water and sewer construction plans, if required, must be submitted and approved prior to Final SP approval. A water and sewer availability request shall be made prior to Final SP submittal with required capacity fees paid prior to Final Site Plan/SP approval.
  10. Federal Compliance All development within the boundaries of this plan meets the requirements of the Americans with Disabilities Act and the Fair Housing Act. ADA: http://www.ada.gov/ U.S. Justice Dept.:
  11. Landscaping and landscape buffers around the site frontage and perimeter shall comply with the Metro Landscape Requirements Chapter 17.24 of the Metro Zoning Code. No buffer shall be less than a standard Class “B” buffer.
  12. Units facades will be constructed using 80% masonry/concrete products with vinyl being prohibited.

Section 5. Be it further enacted, a copy of the proposed Final SP 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 attached Site 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 RM40 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)

Scott Davis

Related Documents

Legislative History

IntroducedSeptember 6, 2016

Passed First ReadingSeptember 6, 2016

Referred toPlanning Commission - Disapproved (7-0)
Planning, Zoning, and Historical Committee

Public Hearing HeldOctober 4, 2016

Substitute IntroducedOctober 4, 2016

Passed Second ReadingOctober 4, 2016

Deferred to December 6, 2016October 4, 2016

Re-referred toPlanning Commission

2nd Public Hearing HeldDecember 6, 2016

DeferredDecember 6, 2016

Second Substitute IntroducedDecember 20, 2016

Deferred IndefinitelyDecember 20, 2016

Placed back on Agenda forAugust 21, 2018

Deferred Pursuant to Rule 23August 21, 2018

Third Substitute IntroducedSeptember 4, 2018

Passed Third ReadingSeptember 4, 2018 - Roll Call Vote

ApprovedSeptember 5, 2018

ByMayor Briley's signature

EffectiveSeptember 7, 2018

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

Last Modified: 01/11/2019 11:57 AM