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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 portion of a Specific Plan on property located at 440 Toney Road to revise the layout and residential unit count for Block 3 to permit a maximum of 72 multi-family residential units and 10 single-family lots, and to rezone a portion of property located at 2412 Old Matthews Road to R8, approximately 150 feet south of Yokley Road, zoned SP (10.48 acres), all of which is described herein (Proposal No. 2016SP-043-007).
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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 portion of a Specific Plan on property located at 440 Toney Road to revise the layout and residential unit count for Block 3 to permit a maximum of 72 multi-family residential units and 10 single-family lots, and to rezone a portion of property located at 2412 Old Matthews Road to R8, approximately 150 feet south of Yokley Road, zoned SP (10.48 acres), being Part of Property Parcel Nos. 147 and all of Property Parcel No. 191 as designed on Map 071-01 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 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 071-01 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 in Block 3 of this SP shall be limited to a maximum of 72 multi-family residential units and a maximum of 10 single-family residential lots. Short-term rental property, owner occupied and short-term rental property, 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. Prior to issuance of building permits for Block 3, the master permit for the Block 3 final SP shall be updated to reflect the approved final SP plan with the additional multi-family unit (unit #82) as identified on the amended layout. Height of the additional unit shall be consistent with the approved heights of the detached multi-family units along Toney Road.
2. On the corrected copy, add the following language to the end of the Purpose Note: Block 1 and Block 2 have final site plan approval. The maximum unit count for Block 1 and Block 2 is limited to the number of units on each approved final site plan: 60 units in Block 1 and 210 units in Block 2.
3. All applicable requirements per BL2023-2034 shall remain in effect.
4. 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.
5. 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 RM20 zoning district for multi-family units and the RS7.5 zoning district for single-family lots 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.