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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 RS5 to SP zoning for property located at 1526 23rd Ave. N., approximately 75 feet south of Formosa Street, within the DADU Overlay District, (0.17 acres), to permit one attached two-family residential unit (0.17 acres), all of which is described herein (Proposal No. 2022SP-022-001).
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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:
A request to rezone from RS5 to SP zoning for property located at 1526 23rd Ave. N., approximately 75 feet south of Formosa Street, within the DADU Overlay District, (0.17 acres), to permit one attached two-family residential unit, being Property Parcel No. 012 as designated on Map 081-15 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 081 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 one attached two-family residential unit. Short Term Rental Property (STRP) - owner-occupied and 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, update the rear setback of the accessory structure to be ten (10) feet.
2. On the corrected copy, add note: Landscaping and TDU requirements shall be provided per the Metro Zoning Ordinance.
3. Maximum height of the two-family residential structure shall be limited to two stories in 35 feet to the roofline. Roof pitch shall be from 3:12 to 12:12, excluding small roof sections over porches, entryways, or similar features.
4. Maximum height of the accessory structure shall comply with the accessory structure building height controls of the Metro Zoning Ordinance.
5. Maximum building coverage of the accessory structure shall comply with the accessory building floor area controls of the Metro Zoning Ordinance and shall appear subordinate in scale and massing to the principal residential structure.
6. The accessory structure shall not contain accessory residential uses.
7. Maximum building coverage shall not exceed fifty (50) percent of the site.
8. Vehicular access shall be from rear alley only.
9. Height shall be measured per the Metro Zoning Ordinance.
10. Comply with all conditions and requirements of Metro reviewing agencies.
11. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards outlined on the preliminary SP for review and approval.
12. The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone. Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.
13. 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.
14. 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 Property Owners’ Association.
15. 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 of any building permits.
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 RS5 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.