File #: BL2023-1771    Name:
Type: Bill (Ordinance) Status: Passed
File created: 2/22/2023 In control: Planning and Zoning Committee
On agenda: 4/18/2023 Final action: 4/18/2023
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 R10 to SP zoning for property located at 5646 Amalie Drive, approximately 560 feet north of Huntington Parkway, (17.66 acres), to permit a multi-family residential development, all of which is described herein (Proposal No. 2022SP-084-001).
Sponsors: Bob Nash
Attachments: 1. 2022SP-084-001_sketch, 2. 2022SP-084-001_plan, 3. Amendment No. 1 to BL2023-1771

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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 R10 to SP zoning for property located at 5646 Amalie Drive, approximately 560 feet north of Huntington Parkway, (17.66 acres), to permit a multi-family residential development, all of which is described herein (Proposal No. 2022SP-084-001).

 

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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 R10 to SP zoning for property located at 5646 Amalie Drive, approximately 560 feet north of Huntington Parkway, (17.66 acres), to permit a multi-family residential development, being Property Parcel No. 134 as designated on Map 161-00 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 161 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 189 multi-family units. 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.                     On the corrected plan set, District 1 uses shall be revised to “109 multi-family units. Short term rental property (owner occupied) and short term rental property (not owner occupied) shall be prohibited.

2.                     On the corrected plan set, District 2 uses shall be revised to “80 multi-family units. Short term rental property (owner occupied) and short term rental property (not owner occupied) shall be prohibited.

3.                     On the corrected plan set, for District 1, architectural standard note 3 shall be revised to: Building facades shall be constructed of brick, brick veneer, stone, cast stone, cementitious siding, glass, or materials substantially similar in form and function, unless otherwise approved on detailed building elevations included with the preliminary SP.

4.                     On the corrected plan set, references to fallback zoning shall be corrected to RM15.

5.                     On page 9, remove note 28 under Development Notes.

6.                     On the corrected plan please indicate the following: Along the norther property line, the 30’ Type C Buffer Yard shall be located outside the existing drainage easement. No conflicts between the two shall occur.

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

8.                     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.

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 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.

 

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.