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 R6 to SP zoning, properties located at 1818 and 1900 Eastland Avenue and Eastland Avenue (unnumbered), between 18th and 20th Streets, to permit the development 99 residential units, 18,600 square feet of retail uses, 18,500 square feet of restaurant uses, 20,500 square feet of office uses, 6,800 square feet of personal care service uses, 3,000 square feet of custom assembly uses, and 3 single-family lots, (7.26 acres), all of which is described here in (Proposal No. 2005SP-170U-05).

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 R6 to SP zoning, properties located at 1818 and 1900 Eastland Avenue and Eastland Avenue (unnumbered), between 18th and 20th Streets, to permit the development 99 residential units, 18,600 square feet of retail uses, 18,500 square feet of restaurant uses, 20,500 square feet of office uses, 6,800 square feet of personal care service uses, 3,000 square feet of custom assembly uses, and 3 single-family lots, (7.26 acres), as being Property Parcel Nos. 378, 379, 413 as designated on Map 083-06 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 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. 083 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. 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: Mike Jameson

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Amendment No. 1
To
Ordinance No. BL2006-1042

Mr. President:

I move to amend Ordinance No. BL2006-1042 to add the following conditions under Section 4:

3. Prior to third reading at Metro Council, the applicant must provide a separate, concept landscaping plan to the Planning Department, to be approved by Planning staff. Phases must be identified on this plan.

4. Prior to third reading at Metro Council, the applicant shall provide opportunity for the Metro Historical Commission to determine if the structure at 1818 Eastland Avenue should be preserved.
" With the submittal of the phase 2 final site plan, the applicant shall provide a report from the MHC regarding steps to be taken in maintaining, relocating, or documenting the historic structure. If determined that the structure must be relocated, the MHC shall identify the responsible party for relocating the structure and relocation site.
" No demolition of the structure at 1818 Eastland Avenue shall occur prior to phase 2 final site plan approval.

5. Prior to the application for any phase of a final SP site plan, the SP plan shall include the appropriate stream buffer, and be labeled and dimensioned explicitly on the plans.

6. Prior to application for final SP site plan approval for any phase, no grading shall be allowed, and the applicant must submit a letter from TDEC on the classification of the onsite stream and be approved for a variance from the Stormwater Management Committee for the proposed buffer disturbance. The outcome of the the Stormwater Management Committee hearing may require significant changes to the SP as it is currently proposed - including the removal of grading/water quality/surface parking from within the buffer area.

7. Prior to the application of any final SP site plan, the applicant must provide an updated water availability letter (from Metro Water Services).

8. The right-of-way to be reserved along Eastland Avenue must be to the collector street dimension (60' of total right-of-way).

9. Building #2 is required as a part of phase 1 of this SP. Prior to approval of any other phase's final SP site plan, building # 2 must be under active construction.

10. Prior to approval of the final SP site plan for phase 1, the plan be revised to provide a crosswalk from the east to the west side of the new private drive within this SP, as well as a crosswalk from the north side of Eastland to the south side (to facilitate easy pedestrian access to this development).

11. Prior to approval of the final SP site plan for phase 2, the following issues must be adequately addressed/resolved in a complete re-design of phase 5 of the SP, to be administratively approved by Planning staff:
" Rear alley access to the 3 single family lots, to be extended from the existing (unbuilt) alley #768 east of alley #751. The applicant has shown a 15' rear access easement on these lots, which connects to a parking lot area for the townhomes, but this layout may change with the re-design.
" The two townhome buildings in phase 5 must be redesigned to have an appropriate front façade along McEwen Avenue, or have a building layout/façade that faces the internal part of the SP and respects the urban nature of this development. The latter option might include a 90 degree turn and extension of the main private drive to the western side (with parallel parking along both or one side), to terminate with the parking area.
" In addition to the sidewalk to be constructed from McEwen Avenue to the internal part of this development, more generous landscaping shall be provided on the south side and north sides of this pedestrian way.
" Prior to final development SP for phase 2, an enhanced pedestrian or vehicular connection to McEwen Avenue will be required as a part of the re-design of the townhome building area, on the south side of this development. This connection must occur with the construction of phase 5 of this SP.

12. Prior to final SP site plan approval for phase 2, a finalized parking plan that optimizes pedestrian movement must be submitted and approved by the Planning Department.

13. The extension of North 18th Street must be bonded prior to the approval of phase 2, or completed prior to issuance of any use or occupancy permit for phase 2.

14. All Public Works design standards for public right of way shall be met prior to any final approvals and permit issuance. Any approval within right of way is subject to Public Works' approval of the construction plans. Final design and improvements may vary based on field conditions.

15. Building footprints are conceptual. Actual building footprints shall be approved at final SP stage and shall be consistent with the urban design parameters and intent of the adopted SP.

16. 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.

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

18. No vehicular access shall be allowed to McEwen Avenue, and an additional, internal vehicular connection shall be included in the plan between the main parking area and the parking area that accesses North 18th Street.

19. Before commencement of Phase 3, a traffic study shall be completed to assess the volume of traffic on N. 18th Street west of the project and streets immediately south of the project."

Sponsored by: Mike Jameson

Amendment No. 2
To
Ordinance No. BL2006-1042

Mr. President:

I move to amend Ordinance No. BL 2006-1042, as previously amended, as follows:

1. By amending condition 4 by deleting the condition in its entirety and substituting in lieu thereof the following new condition:

"The Historical Commission has indicated that the structure at 1818 Eastland may be historically significant. Applicant has expressed an interest in possibly relocating the building to another site and will explore that possibility. If it turns out to be infeasible to move the structure, demolition of the building shall be permitted, but only after the Historical Commission has had an opportunity to thoroughly document the structure."

2. By amending condition 11 by deleting the condition in its entirety and substituting in lieu thereof the following new condition:

"Prior to approval of the final SP site plan for phase 2, the following issues must be adequately addressed/resolved in a complete re-design of phase 5 of the SP, to be administratively approved by the Planning staff:

* Rear alley access to the 3 single family lots, to be extended from the existing (unbuilt) alley #768 east of alley #751. The applicant has shown a 15' rear access easement on these lots, which connects to a parking lot area for the townhomes, but this layout may change with the re-design.
* The two townhome buildings in phase 5 must be redesigned to have a building layout/facade that faces the internal part of the SP and respects the urban nature of this development. One option might include a 90 degree turn and extension of the main private drive to the western side (with parallel parking along both or one side), to terminate with the parking area.
* In addition to the sidewalk to be constructed from McEwen Avenue to the internal part of this development, more generous landscaping shall be provided on the south side and north sides of this pedestrian way.
* Prior to final development SP for phase 2, an enhanced pedestrian connection to McEwen Avenue will be required as a part of the re-design of the townhome building area, on the south side of this development. This connection must occur with the construction of phase 5 of this SP."

3. By amending condition 13 by deleting the condition in its entirety and substituting in lieu thereof the following new condition:

"The extension of North 18th Street must be bonded prior to the approval of phase 3, or completed prior to issuance of any use or occupancy permit for phase 3."

Sponsored by: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	April 4, 2006
Passed First Reading:	April 4, 2006
Referred to:	Planning Commission - Approved 8-0 (May 11, 2006) Planning & Zoning Committee
Deferred to July 6, 2006:	May 4, 2006
Amended:	July 6, 2006
Passed Second Reading:	July 6, 2006
Deferred to August 1, 2006:	July 6, 2006
Amended:	August 1, 2006
Passed Third Reading:	August 1, 2006
Approved:	August 7, 2006
By:
Effective:	August 8, 2006