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 CC to SP zoning property located at 501 Church Street, at the southwest corner of Church Street and 5th Avenue North (1.23 acres), to permit the development of a 1,396,000 square foot building, including 435 residential condos, 197 hotel rooms, 17,000 square feet of restaurant and retail space, all of which is described here in (Proposal No. 2006SP-178U-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 CC to SP zoning property located at 501 Church Street, at the southwest corner of Church Street and 5th Avenue North (1.23 acres), to permit the development of a 1,396,000 square foot building, including 435 residential condos, 197 hotel rooms, 17,000 square feet of restaurant and retail space, as being Property Parcel No. 082 as designated on Map 093-061 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 the following conditions be completed, bonded or satisfied prior to the issuance of any permits, or as specifically required in the condition.

1. Except as otherwise noted herein, the application and attached materials, plans and reports (dated September 28, 2006 and supplemented with information dated October 17, 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 shall oversee all design and construction. Prior to issuance of a temporary certificate of occupancy for any use of the development, a report shall be provided for the review of the department of codes administration by an approved independent LEED accredited professional. The report shall certify that all construction practices and building materials used in the construction is 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. Monthly 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 (with a maximum of two extensions) 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. Once two extensions of the temporary certificate of occupancy are granted, any additional extensions shall be granted only in conjunction with a valid certificate of LEED noncompliance as set forth herein. Failure to maintain a valid certificate of LEED noncompliance shall void any temporary certificate of occupancy.

4. To ensure that LEED certification is maintained, the property owner is required to hold a valid certificate of LEED compliance for a period of 10 years following initial certification. This certificate shall be issued by the Department of Codes Administration following the presentation of information by the property owner or their authorized agent that the building remains a LEED certified building. The information shall be prepared by an approved independent LEED accredited professional. The fee for a certificate of compliance shall be $100 or as may be otherwise set by the Metro Council. The certificate of LEED compliance shall be valid for 2 years.
If the building during the required 10 year period, the property fails to maintain LEED certification, the Department of Codes Administration is authorized to issue a short-term certificate of LEED noncompliance. This certificate will allow the building to retain its certificate of occupancy pending reattainment of LEED certification. A certificate of LEED noncompliance shall be for a period not to exceed three (3) months and may be renewed as necessary to achieve certification. The fee for a certificate of LEED noncompliance shall be based on the following formula:
F = [(26-CE)/26] × CV × 0.0075,
where:
F is the fee;
26 is the minimum number of credits to earn LEED certification;
CE is the number of credits earned as documented by the report; and
CV is the Construction Value as set forth on the building permit for the structure.

During the required 10 year period, a valid certificate of LEED compliance or certificate of LEED noncompliance is necessary to maintain a certificate of occupancy.

5. All elevations and materials shall be further developed and submitted for review with the final SP application.

6. All requirements and conditions of the Public Works Department 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.

7. 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.

8. 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.

9. 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 CC- Commercial Core district shall apply.

10. This approval does not include approval of any signs. Business accessory or development signs must be approved by the Metropolitan Department of Codes Administration. All signage shall follow the requirements of any applicable MDHA design guidelines and the allowable signage of the CC- Commercial Core district zoning district (whichever is more restrictive).

11. 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.

Section 4. 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

View Sketch

Amendment No. 1
To
ORDINANCE NO. BL2006-1291

Mr. President:

I move to amend SP Ordinance No. BL2006-1291 as follows:
SECTION 1. By deleting paragraphs 2, 3, and 4 in Section 3 of the Ordinance and substitute new paragraphs 2 and 3 as follows:
2. In order to achieve more sustainable design, it is the expressed intent of the Metropolitan Council that this development is required to achieve 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 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, 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.
3. To ensure that LEED certification is attained the Department of Codes Administration is authorized to issue a certificate of occupancy once the building is otherwise completed for occupancy and prior to attainment of LEED certification. Provided, however, that in the event that LEED certification is not obtained within twelve (12) months of the issuance of a certificate of occupancy, Developer shall be responsible for payment of a LEED noncompliance fee of $50 per day until such time as LEED certification is obtained and evidence of such certification is provided to the Department of Codes Administration. If LEED certification is not obtained within fifteen (15) months of a certificate of occupancy, then the LEED noncompliance fee (for each month after the fifteenth month) will increase to $75 per day until such time as LEED certification is obtained and evidence of such certification is provided to the Department of Codes Administration. If LEED certification is not obtained within eighteen (18) months of a certificate of occupancy, then the LEED noncompliance fee (for each month after the eighteenth month) will increase to $100 per day until such time as LEED certification is obtained and evidence of such certification is provided to the Department of Codes Administration.
SECTION 2: By renumbering paragraphs 5 through 11 in Section 3 of the Ordiannce to paragraphs 4 through 10.

Sponsored by: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	December 5, 2006
Passed First Reading:	December 5, 2006
Referred to:	Planning Commission - Approved 9-0 (November 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