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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 RS10 to SP zoning for properties located at 2819, 2821, 2823 Jones Avenue and Jones Avenue (unnumbered), approximately 43 feet south of Hart Lane (8.27 acres), to permit 84 multi-family residential units, all of which is described herein (Proposal No. 2025SP-006-001).
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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 RS10 to SP zoning for properties located at 2819, 2821, 2823 Jones Avenue and Jones Avenue (unnumbered), approximately 43 feet south of Hart Lane (8.27 acres), to permit 84 multi-family residential units, being Property Parcel Nos. 145-148 as designated on Map 060-16 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 the 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 060-16 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 a maximum of 84 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, change the fallback zoning to RM9.
2. On the corrected copy, identify the following as prohibited uses: Short term rental properties, owner occupied and short term rental properties, not-owner occupied.
3. On the corrected copy, change the Jones Avenue setback to 50 feet within the site data table to match the distances shown on the site plan.
4. On the corrected copy, remove all “ROW” labels from the plan (identified along Briarwood Park, Winners Way, Creekside Bend, and Makers Way) and replace with “private drive.” All associated references of the approved driveway network as “public ROW” within the SP document shall be corrected.
5. On the corrected copy, remove all references to “duplex” and replace with “attached multi-family.” All units are to be referred to as “attached multi-family” regardless of how many are attached within a structure.
6. On the corrected copy, identify the landscape buffers on the plan as specified in the site data.
7. This preliminary SP does not anticipate subdivision or creation of lots. Subdivision or creation of lots in the future would require an SP amendment.
8. With the submittal of the final site plan, the applicant shall continue to work with NDOT and Planning on the location and configuration of the proposed pedestrian connection to Oakwood Avenue. Any portion of the trail located outside of the Oakwood Avenue right-of-way shall be placed within a public access easement that shall extend to Jones Avenue. Coordination with Metro Schools will be necessary to achieve construction of the trail.
9. With submittal of the final site plan, applicant shall work with Metro Planning and Metro Greenways staff regarding inclusion and extent of the proposed greenways easement.
10. 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.
11. With submittal of the final site plan, continue discussions with NDOT on opportunities for traffic calming measures and clearing of brush near intersections to enhance visibility.
12. The development team shall coordinate with NDOT through the "Developer-Funded Traffic Calming" process to create a mitigation plan that identifies the appropriate locations for speed cushions and/or other traffic calming measures, prior to Final SP approval. Additionally, pending community approval of the traffic calming measures, the development team shall place $10,000 in escrow prior to receiving a grading permit to fund the proposed traffic calming measures. A note will be added to the corrected copy of the Preliminary SP to ensure its inclusion in the approval process.
13. With submittal of the final site plan, dedicate a public access easement along all sidewalks and pedestrian ingress/egress paths into and out of the development.
14. No signage is being approved with this application. Sign permits must be obtained from Codes at the time of building permit review.
15. 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.
16. 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.
17. No master permit/HPR shall be recorded prior to final SP approval.
18. Final plat may be required prior to permitting.
19. 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.
20. Comply with all conditions and requirements of Metro reviewing agencies.
21. 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 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 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.