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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 RS5 to SP zoning for property located at 600 McFerrin Avenue, at the corner of McFerrin Avenue and Marina Street, (0.21 acres), and in the Maxwell Heights Neighborhood Conservation Overlay District and the Detached Accessory Dwelling Unit (DADU) Overlay District, to permit daycare home large use, all of which is described herein (Proposal No. 2025SP-011-001).
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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 RS5 to SP zoning for property located at 600 McFerrin Avenue, at the corner of McFerrin Avenue and Marina Street, (0.21 acres), and in the Maxwell Heights Neighborhood Conservation Overlay District and the Detached Accessory Dwelling Unit (DADU) Overlay District, to permit daycare home large use, being Property Parcel No. 172 as designed on Map 082-12 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 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 082-12 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 single-family residential unit and Day Care Home-Large, as an accessory use. The accessory building can be used for either day care home uses or a Detached Accessory Dwelling Unit (DADU), but not both simultaneously. Short-term rental property, not owner occupied, is prohibited from the entire SP. Short-term rental property, owner occupied, is permitted only in the primary residence.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, remove the language in SP Note #1 and replace with the following: Permitted land uses shall be limited to a single-family residential unit and day care home, large, as an accessory use. The accessory building can be used for either day care home uses or a Detached Accessory Dwelling Unit (DADU), but not both simultaneously. Short term rental property, not owner occupied, is prohibited from the entire SP. Short term rental property, owner occupied, is permitted only in the primary residence.
2. On the correct copy, add the following standard: Permitted Uses:
• Main home: single-family residential unit and day care home, large, as an accessory to the single-family residential unit, and short tern rental property, owner occupied.
• Accessory structure: DADU or extension of the day care, but not both simultaneously.
3. On the corrected copy, update the plan to reflect Nashville DOT (Traffic) conditions of approval.
4. On the corrected copy, add note: No exterior modifications proposed with the preliminary SP. Any future development proposed shall be subject to the requirements of the Metro Zoning Ordinance.
5. On the corrected copy, identify the location of “No Parking” signs and zones along the Marina Street and McFerrin Avenue frontages. Note the number of garage parking spaces in the detached building.
6. No parking signs required by NDOT shall be installed prior to issuance of any use permits for the day care use.
7. On the corrected copy, remove the “DADU” label from the accessory structure and from the SP standards.
8. Comply with all conditions and requirements of Metro reviewing agencies.
9. No final site plan is required unless external modifications are proposed, with the stipulation that no use permits shall be issued until the corrected copy is provided to the Planning Department complying with all conditions of approval.
10. 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.
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.
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 RS5 zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
Section 8. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 9. This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.