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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, a Specific Plan and rezone from RS5 to SP on properties located at 905 and 907 W. Eastland Avenue, 930 and 930 C McFerrin Avenue, and 609, 611, 613, 615, 625, 627, 629, 631, 633, 635, 637, 639, 641, 643, 645 Richmond Bend, approximately 175 feet south of Seymour Avenue and located within the Greenwood Neighborhood Conservation Overlay District and the Detached Accessory Dwelling Unit (DADU) Overlay District, zoned SP and RS5 (2.79 acres) to permit two additional multi family residential units, all of which is described herein (Proposal No. 2022SP 030 003).
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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 amending a Specific Plan and changing the zoning from RS5 to SP on properties located at 905 and 907 W. Eastland Avenue, 930 and 930 C McFerrin Avenue, and 609, 611, 613, 615, 625, 627, 629, 631, 633, 635, 637, 639, 641, 643, 645 Richmond Bend, approximately 175 feet south of Seymour Avenue and located within the Greenwood Neighborhood Conservation Overlay District and the Detached Accessory Dwelling Unit (DADU) Overlay District, zoned SP and RS5 (2.79 acres) to permit two additional multi family residential units, being Property Parcel No 120 as designated on Map 082-08 and various parcels as designated on Map 082-08-0-E 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 082 08 and Map 082-08-0-E 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 two multi-family residential units in the amendment area on Parcel (120) in addition to the uses previously approved in BL2022-1397. Short term rental property, owner occupied and short-term rental property, not-owner occupied shall be prohibited for the entire development.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded, or satisfied as specifically required:
1. No changes or increase in units are approved on the remainder of the site (approximately 2.42 acres) as shown on the original SP approval other than those changes shown and/or listed in the SP amendment.
2. On the corrected copy, rename “Additional Site Summary” to “SP Amendment Site Summary” on Sheet 4 of the plan set.
3. The 6’ tall opaque fence along the western property boundary shall step down to a maximum of 4’ in height at the front setback of Unit 14.
4. No vehicle parking shall be permitted on the one-way private drive.
5. The Preliminary SP plan amendment is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
6. 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.
7. 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.
8. Comply with all conditions and requirements of Metro reviewing agencies.
9. No Master permit/HPR shall be recorded prior to final SP approval.
10. Final plat may be required prior to permitting.
11. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards and conceptual elevations outlined on the preliminary SP for review and approval.
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. 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.