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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 amending a Specific Plan for properties located at Lawrence Avenue (unnumbered), 3328 Curtis Street, and Lincoln Avenue (unnumbered), and for a portion of property at 3031 Lawrence Avenue, at the northwest terminus of Curtis Street (31.58 acres), to permit a maximum of 331 multi-family residential units, all of which is described herein (Proposal No. 2021SP-041-003).
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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 for properties located at Lawrence Avenue (unnumbered), 3328 Curtis Street, and Lincoln Avenue (unnumbered), and for a portion of property at 3031 Lawrence Avenue, at the northwest terminus of Curtis Street (31.58 acres), to permit a maximum of 331 multi-family residential units, being Property Parcel Nos. 252-254 and 256 as designated on Map 069 and Property Parcel No 003 as designated on Map 069-08 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 attached plan, which was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and the Metropolitan Clerk's Department, and 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 069 and Map 609-08 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 for the overall development shall be limited to a maximum of 331 multi-family residential units. Short term rental properties, owner occupied and short term rental properties, not-owner occupied shall be prohibited.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, match the Easy Street cross section of the adjacent approved project (Case No. 2023SP-035-001) and show as being constructed along Easy Street within this SP. Update the map exhibit and street cross-section (C) to reflect this. Relocate the five removed on-street parking spaces to a location within the site.
2. On the corrected copy, show a Type B buffer yard along the northern portion of Lawrence Avenue where a row of townhomes was removed. This area shall be used as common open space.
3. This SP and Zone 3 of the Clarksville Pike SP (2019SP-066-003) to the south will be reviewed as one final site plan.
4. The construction of Easy Street from its intersection with Curtis Street to this project's boundaries must be complete before any final plat of this project's portion of Easy Street is approved.
5. No more than 280 units may be permitted without the dedication and acceptance of this development's portion of Easy Street.
6. All applicable previous bill (BL2021-983) conditions remain in place for this SP.
7. 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.
8. No signage is being approved with this application. Sign permits must be obtained from Codes at the time of building permit review.
9. 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.
10. 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.
11. No master permit/HPR shall be recorded prior to final SP approval.
12. Final plat may be required prior to permitting.
13. 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.
14. Comply with all conditions and requirements of Metro reviewing agencies.
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 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.