ORDINANCE NO. O98-1103

ORDINANCE NO. O98-1103

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 MAKING APPLICABLE TO CERTAIN PROPERTY LOCATED BETWEEN WEST END AVENUE AND ORLEANS DRIVE, ALL PROPOSED FOR ORI, THE PROVISIONS OF DIVISION VI, CHAPTER 17.100, THE COMMERCIAL (GENERAL) PLANNED UNIT DEVELOPMENT DISTRICT (PROPOSAL NO. 97P-041U), ALL OF WHICH IS MORE PARTICULARLY DESCRIBED HEREIN.
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, be and is hereby amended by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference, as follows:

By making applicable to certain property located between West End Avenue and Orleans Drive, all proposed for ORI, the provisions of Division VI, Chapter 17.100, the Commercial (General) Planned Unit Development District, being more particularly described as being Property Parcel Nos. 164-168 as designated on Map 104-6 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is more particularly described by lines, words and figures on the attached plan, which is attached to 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 Sheet No. 104-6 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 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.

Sponsored By: Stewart Clifton

AMENDMENT NO. 1

TO

ORDINANCE NO. O98-1103

Mr. President:

I move to amend Ordinance No. O98-1103 by amending Section 1 by amending the attached plan adding the following conditions to the plan:

"1. All vehicular and pedestrian ingress and egress to the project site both during construction and after completion of the project will be limited to West End Avenue. To accomplish this restriction, the driveways will be restricted to West End Avenue and a six-foot high ornamental fence will be installed along the side and rear property lines. Prior to and during construction of the project, a temporary construction fence will be installed.

2. All required landscaped buffers along the side and rear property lines will exceed the requirements of Title 17 as applied to such PUDs and will be completed in accordance with the approved plans. Berming of a minimum height of three feet shall be incorporated into all buffer areas as long as it does not affect the survivability of any existing trees. This planting must be completed prior to commencement of vertical construction of the project, after completion of foundations and ground floor slabs.

3. All landscaping on the project shall be maintained in a healthy condition at all times. Any diseased or dead material shall be replaced with similar material at the cost of the owner/developer. Proper maintenance shall include fertilization of all trees, shrubs, etc. to promote healthy growth material.

4. The project shall not have a swimming pool.

5. The project shall not have a restaurant or other retail sale business, except for limited sundry sale as may be customary for extended-stay hotel facilities.

6. Site lighting will be located around the perimeter of the site directed inwards away from the side and rear property lines. Accent lighting will be directed towards the building only.

7. No building mounted lighting will be permitted for illumination of the parking areas. Parking poles shall not exceed the height of the tallest plant material in the adjacent landscape buffer. A photometric study, meeting these requirements, shall be completed and submitted as part of the building permit documents.

8. The owner/developer shall install a sidewalk along the Orleans Drive frontage.

9. The owner/developer shall construct and maintain a brick or stone wall, or an ornamental fence (not to include a chain link or security fence), six-foot in height, along Orleans Drive set back approximately 27 feet from the property line and, located on the slope and not at the same grade as the building, and also along the property line adjacent to St. Charles Place in lieu of the plans for an ornamental fence.

10. Any increase in height of the structure in excess of five feet from the height indicated on the preliminary plan approved by this ordinance must be approved as an amendment to this ordinance."