File #: BL2022-1159    Name:
Type: Bill (Ordinance) Status: Passed
File created: 2/16/2022 In control: Planning and Zoning Committee
On agenda: 4/19/2022 Final action: 4/19/2022
Title: 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 IR to SP zoning for properties located at 1101 and 1111 63rd Avenue North, approximately 90 feet southwest of New York Avenue (11.15 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2022SP-009-001).
Sponsors: Mary Carolyn Roberts
Attachments: 1. 2022SP-009-001_sketch, 2. 2022SP-009-001_plans, 3. Amendment 1 to BL2022-1159

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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 IR to SP zoning for properties located at 1101 and 1111 63rd Avenue North, approximately 90 feet southwest of New York Avenue (11.15 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2022SP-009-001).

 

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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 IR to SP zoning for properties located at 1101 and 1111 63rd Avenue North, approximately 90 feet southwest of New York Avenue (11.15 acres), to permit a mixed use development, being Property Parcel Nos. 006, 007 as designated on Map 091-00 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 091 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 all uses permitted in MUL-A-NS.  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.                     Sidewalks along 63rd Ave. N shall be per the Major and Collector Street Plan.

2.                     Building facades for new construction shall be constructed of brick, brick veneer, stone, cast stone, cementitious siding, and glass, or materials substantially similar in form and function.

3.                     Any final site plan shall provide for a public street connection to the north.  This requirement may be accomplished by, but not excluded to, the extension of California Avenue, Pennsylvania Avenue and/or Louisiana Avenue.  The location and final design standards for the public street connection shall be determined with the review of the final site plan.

4.                     Comply with all conditions and requirements of Metro reviewing agencies.

5.                     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.

6.                     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.

7.                     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 MUL-A-NS zoning district as of the date of the applicable request or application.  Uses are limited as described in the Council ordinance.

 

Section 8. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.