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 property located at 203, 205, 207, 209, 215, 217, and 221 Broadway, 109, 110, 113, 116, and 119 2nd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South, (1.16 acres), to permit a 375-room hotel with retail and restaurant uses, and 48 condominiums, all of which is described here in (Proposal No. 2006SP-183U-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 property located at 203, 205, 207, 209, 215, 217, and 221 Broadway, 109, 110, 113, 116, and 119 2nd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South, (1.16 acres), to permit a 375-room hotel with retail and restaurant uses, and 48 condominiums, as being Property Parcel Nos. 041, 042, 043, 045, 046, 047, 049, 050, 056, 057 as designated on Map 093-06-4 and Property Parcel Nos. 97, 98, 99 as designated on Map 93-06-02 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. Permitted uses shall be as set forth in the Core Frame zoning district and the Capital Hill Redevelopment Plan except:
a. there shall be a maximum of 375 hotel rooms; and
b. there shall be a maximum of 48 residential condominium dwelling units of which a minimum of 10 affordable housing units shall provided in accordance with the provisions of Sec 17.04 of the Metro Code. The affordable housing units shall meet the affordable housing criteria for a minimum of 7 years. The developer shall provide documentation acceptable to MDHA that this provision is met.

3. 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 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. 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.

4. This development is required to provide a LEED designed 'green roof' utilizing best development practices as certified by an accredited professional experienced in the provision of 'green roofs'. Said roof shall cover a minimum of 15,900 square feet if constructed in accordance with the plans as submitted. If an alternative tower design is approved as per Condition 9, an equivalent amount of 'green roof' shall be provided. Certification must be achieved and maintained as set forth for LEED certification herein. Said green roof may count toward required LEED certification.

5. 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.

6. 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 and that the 'green roof' continues to utilize and apply best management practices. 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 during the required 10 year period, the property fails to maintain LEED certification or the 'green roof' fails to meet required performance, 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

7. Prior to approval of a final site plan, a historic preservation zoning overlay shall be established to include properties along Broadway between 1st Ave. and 5th Ave. including additional adjacent properties determined eligible for inclusion in the Broadway National Register District, as possible.

8. Façade elevations along the property line adjacent to Broadway, 2nd Ave and 3rd Ave. shall be redesigned to be in compliance with the requirements of A Market and Design Study for the Broadway National Register Historic District and any applicable MDHA design guidelines and shall be approved by the MDHA Design Review Committee after review and comment by the Metro Historical Commission and prior to approval of the final site plan and issuance of any building permits. In particular, the proportions and rhythm of the window and door openings of existing buildings along Broadway shall be utilized as a guide for the redesign. The maximum height of any new construction permitted under this paragraph may be greater than the plans as originally submitted provided it is consistent with the stated guidelines and this ordinance.

9. It is the intent of the Metropolitan Council to mitigate any potential impacts on the lower Broadway corridor that may be caused by the scale and massing of this development. Therefore, with the review of the final site plan, the Planning Commission is authorized to approve either the tower portion of the development in conformance with the plans as submitted or an alternative tower design that would be lower in total height. The alternative tower design shall fall within the following building envelope.
a. Minimum building setback from Broadway: Maintain the existing Core Frame zoning district of 1' horizontal setback to 1.5 foot vertical rise in height as measured 65' from the Broadway property line with no portion of the tower closer to Broadway than the plans as submitted.
b. Minimum building setback from 2nd and 3rd Ave.:
i. 0 to a height of 105 feet then 20 feet to a height as otherwise allowed within the Broadway setback restrictions as contained in subsection a. provided the tower building height is reduced up to 2 floors from the plans as submitted.
ii. 0 to a height of 120 feet then 20 feet to a height as otherwise allowed within the Broadway setback restrictions as contained in subsection a. provided the building height is reduced more than 2 floors from the plans as submitted.

10. Prior to issuance of a building permit for any exterior renovation or alteration to the Broadway or 3rd Ave. elevations of the buildings at 217 and 221 Broadway currently within the Broadway National Register Historic District the application shall be approved by the Historical Commission. Unless otherwise waived by the Metro Historic Commission, all work shall be in accordance with the requirements of A Market and Design Study for the Broadway National Register Historic District as well as the Secretary of the Interior's Standards for Rehabilitation regardless of whether the building remains within the Broadway National Register Historic District or not.

11. 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 A Market and Design Study for the Broadway National Register Historic District; any applicable MDHA design guidelines; and the allowable signage of the Core Frame zoning district (whichever is more restrictive).

12. 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.

13. 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.

14. 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.

15. 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 CF- Core Frame district shall apply.

16. This approval includes conditions which require correction/revision of the plans, authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until four (4) copies of the corrected/revised plans have been submitted to and approved by staff of the Metropolitan Planning Commission. The revised plans must be received within 60 days of Metro Council's final approval.

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. BL2006-1296

Mr. President:

I move to amend SP Ordinance No. BL2006-1296 as follows:

SECTION 1. By deleting paragraphs 3, 4, 5, and 6 in Section 3 of the Ordinance and substituting the following paragraphs 3, 4, and 5 as follows:

3. 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.

4. This development is required to provide a 'green roof' utilizing best development practices as certified by an accredited professional experienced in the provision of 'green roofs'. Said roof shall cover a minimum of 15,900 square feet if constructed in accordance with the plans as submitted. If an alternative tower design is approved as per Condition 8, an equivalent amount of 'green roof' shall be provided. Certification must be achieved and maintained as set forth for LEED certification herein. Said green roof may count toward required LEED certification.

5. 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.

SECTION 2. By renumbering paragraphs 7 through 16 in Section 3 of the Ordinance to paragraphs 6 through 15.

Sponsored by: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	December 5, 2006
Passed First Reading:	December 5, 2006
Referred to:	Planning Commission - Approved 8-2 (November 14, 2006) Planning & Zoning Committee
Passed Second Reading:	January 2, 2007
Deferred to February 6, 2007:	January 2, 2007
Amended:	February 6, 2007
Deferred to March 20, 2007:	February 6, 2007
Passed Third Reading:	March 20, 2007 - Roll Call Vote
Approved:	March 21, 2007
By:
Effective:	March 23, 2007