ORDINANCE NO. BL2006-1255

ORDINANCE NO. BL2006-1255

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 CF to SP zoning properties located at 141, 147, 149, 151, 161, and 163 2nd Avenue South and 140 and 150 3rd Avenue South, and 3rd Avenue South (unnumbered) at the northeast corner of 3rd Avenue South and Demonbreun Street (1.59 acres), to permit the development of a mixed-use, 28 story office/retail building, all of which is described herein (Proposal No. 2006SP-161U-09).

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 CF to SP zoning properties located at 141, 147, 149, 151, 161, and 163 2nd Avenue South and 140, 150 3rd Avenue South, and 3rd Avenue South (unnumbered) at the northeast corner of 3rd Avenue South and Demonbreun Street (1.59 acres), to permit the development of a mixed-use, 28 story office/retail building, as being Property Parcel Nos. 063, 064, 065, 066, 067, 068, 069, 070, 071, 072, 073, 074, 075 as designated on Map 093-064 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. 093 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: Mike Jameson

Amendment No. 2
To
Ordinance No. BL2006-1255

Mr. President:

I move to amend Ordinance No. BL2006-1255 as follows:

Insert the following as a new Section 3 and renumber the following sections of the Ordinance accordingly:

"Section 3. Be it further enacted that the following conditions be bonded, completed, or satisfied prior to final site plan approval, or as otherwise stated or required:

1. Except as otherwise noted herein, the application and attached materials, plans and reports (dated November 30, 2006) shall constitute the plans and regulations as required for the Specific Plan rezoning. Except as otherwise noted herein, the application and supplemental information shall be used by the Planning Department and Department of Codes Administration to determine compliance, both in the review of final site plans and issuance of permits for construction and field inspection. Deviation from these plans will require review by the Planning Commission and approval by the Metropolitan Council.

2. In order to achieve more sustainable design, it is the expressed intent of the Metropolitan Council that this development is required to achieve and maintain Leadership in Environmental and Energy Design (LEED) certification. A LEED Accredited Professional assigned by the property owner shall monitor all design and construction. Prior to issuance of a temporary certificate of occupancy for any use of the development, a report (including an executive summary and a LEED scorecard including four levels of probability of attainment for each classification of LEED point scoring) shall be provided by an approved independent LEED Accredited Professional for review by the Department of Codes Administration. The report shall indicate that, where feasible, all construction practices and building materials used in the construction are in compliance with the LEED certified plans and shall report on the likelihood of certification. If certification appears likely, temporary certificates of occupancy (as set forth below) may be issued. Quarterly reports shall be provided as to the status of certification and the steps being taken to achieve certification. Once certification is achieved, the initial certificate of LEED compliance, as set forth herein, and a final certificate of occupancy (assuming all other applicable conditions are satisfied) may be issued.

3. To ensure that LEED certification is attained the Department of Codes Administration is authorized to issue a temporary certificate of occupancy once the building is otherwise completed for occupancy and prior to attainment of LEED certification. A temporary certificate of occupancy shall be for a period not to exceed three (3) months from the date that all documentation necessary and requested by the U.S. Green Building Council has been provided by the Developer. A maximum of two three (3) month extensions will be allowed to allow necessary time to achieve final certification. Fees for the temporary certificate (and a maximum of two extensions) shall be $100 or as may otherwise be set by the Metro Council.

4. All elevations and materials shall be further developed and approved through the MDHA design review committee and provided with the final site plan application.

5. All requirements and conditions of the Traffic Impact Study/Access Study shall be designed and bonded and/or completed prior to issuance of building permits and if bonded, completed prior to issuance of a certificate of occupancy. Prior to the issuance of any permits, confirmation of final approval of this proposal shall be forwarded to the Planning Department by the Traffic Engineering Section of the Metropolitan Department of Public Works for all improvements within public rights of way.

6. All stormwater management requirements and conditions of the Department of Water Services shall be approved prior to the submittal of the final site plan. Prior to the issuance of any permits, confirmation of compliance with the final approval of this proposal shall be forwarded to the Planning Department by the Stormwater Management division of Water Services.

7. The requirements of the Metropolitan 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.

8. For any development standards and/or requirements not specifically addressed in the application as approved in this ordinance, the Metro Zoning Ordinance requirements for the MUI- Mixed Use Intensive district shall apply.

9. This approval does not include approval of any signs. All signage shall be reviewed and approved by the Planning Commission with the submittal of any final site development plan. All signage shall follow the requirements of any applicable MDHA design guidelines and the allowable signage of the MUI- Mixed Use Intensive district zoning district (whichever is more restrictive).

10. Minor adjustments to the site plan may be approved by the planning commission or its designee based upon final architectural, engineering or site design and actual site conditions. All adjustments shall be consistent with the principles and further the objectives of the approved plan. Adjustments shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or intensity, 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."

LEGISLATIVE HISTORY
Introduced:	November 9, 2006
Amended:	November 9, 2006
Passed First Reading:	November 9, 2006
Referred to:	Planning Commission - Approved 9-0 (December 14, 2006) Planning & Zoning Committee
Passed Second Reading:	January 2, 2007
Amended:	January 16, 2007
Passed Third Reading:	January 16, 2007
Approved:	January 17, 2007
By:
Effective:	January 19, 2007