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 MUN to SP district properties located at VanBuren Street (unnumbered), 400, 402, 404, 406, and 408 Van Buren Street, 1500 4th Avenue North, #103, #102, #101 between 3rd and 5th Avenues North (2.3 acres), to permit the development of 11,934 square feet of general retail, general office, restaurant, and/or multifamily uses, 28 multifamily units, 28 townhouses, and 4 single family units, (2.30 acres), all of which is described here in (Proposal No. 2006SP-022U-08).

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 MUN to SP district properties located at VanBuren Street (unnumbered), 400, 402, 404, 406, and 408 Van Buren Street, 1500 4th Avenue North, #103, #102, #101, between 3rd and 5th Avenues North (2.3 acres), to permit the development of 11,934 square feet of general retail, general office, restaurant, and/or multifamily uses, 28 multifamily units, 28 townhouses, and 4 single family units, (2.30 acres), as being Property Parcel Nos. 001, 002, 003, 008, 010, 400, 402, 404, 406, 408 as designated on Map 082-09 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 dated February 9, 2006 that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning 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 Sheet No. 082 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. Prior to any additional development applications for this property, the applicant shall provide the Planning Department with a final corrected copy of the SP plan for filing and recording with the Davidson County Register of Deeds.

Section 4. Be it further enacted, that the following conditions be added to the SP plan, or be satisfied, completed, or bonded prior to final SP approval:

1. Only the uses listed as allowable within the MUN zoning district shall be permitted in this SP.

2. Prior to final SP approval, the applicant must coordinate with the Metro Parks and Planning Departments on the design and construction of a sidewalk facility along the northern edge of this property, next to Morgan Park. If Metro Parks fails to commit to construct this sidewalk/pedestrian facility prior to final SP approval, the applicant must revise the SP plans to include a standard Metro sidewalk in this location.

3. The applicant must provide written proof that the on-street spaces as proposed to fulfill this SP development's parking needs have been approved by the Traffic and Parking Commission and/or the Department of Public Works; this written documentation shall explicitly reference the minimum number of 32 approved, on-street parking spaces, with any conditions of approval.

4. Prior to, or in conjunction with, the final SP approval, the parking restrictions must be approved by the Planning Department, to ensure the availability of surface parking for residents of the SP during peak hours.

5. Prior to final SP, a written parking agreement must be signed by the owner of the adjacent lot on the east side of 3rd Avenue, be recorded with the Register of Deeds Office, and be referenced explicitly on the final SP plans (instrument number).

6. All off-site traffic conditions, as recommended by Public Works, must be bonded or completed prior to the recordation of the final plat.

7. All Stormwater conditions must be adequately addressed prior to, or with the final SP approval.

8. As a part of the final SP plan approval, a separate, detailed landscaping plan must be provided.

9. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission approval, the property shall be subject to the standards, regulations and requirements of the MUN zoning district.

Section 5. 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: Ludye Wallace, David Briley

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LEGISLATIVE HISTORY
Introduced:	April 4, 2006
Passed First Reading:	April 4, 2006
Referred to:	Planning Commission - Approved 6-1 (March 23, 2006) Planning & Zoning Committee
Passed Second Reading:	May 4, 2006
Passed Third Reading:	May 16, 2006
Approved:	May 17, 2006
By:
Effective:	May 20, 2006