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 amending a previously approved SP district on property located at 205 South 10th Street, southeast corner of Russell Street and South 10th Street and within the Lockeland Springs-East End Neighborhood Conservation Overlay district, (.89 acres), to permit a total of 54,000 square feet containing 3 retail units and 44 residential units, all of which is described herein (Proposal No. 2007SP-084U-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 amending a previously approved SP district on property located at 205 South 10th Street, southeast corner of Russell Street and South 10th Street and within the Lockeland Springs-East End Neighborhood Conservation Overlay district, (.89 acres), to permit a total of 54,000 square feet containing 3 retail units and 44 residential units, as being Property Parcel No. 207 as designated on Map 083-09 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 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. Be it further enacted that the following conditions be bonded, completed or satisfied prior to Final SP approval, or final plat recordation, as applicable.
1. Sidewalks must be improved to Metro standards, if necessary.

2. The backflow preventer shall be located outside of any publicly visible areas.

3. On-site parking shall comply with current UZO requirements.

4. Prior to the issuance of any permits, confirmation of approval of this proposal shall be forwarded to the Planning Commission by the Metro Historic Zoning Commission.

5. The developer shall submit a revised SP plan that includes the following modifications:
a. Extending the building along the Tenth Street corridor;
b. Reducing the width of the curb cut to the parking lot;
c. Creating a “tunnel” entrance from Tenth Street; and
d. Providing space for internal parking lot landscaping and perimeter parking lot landscaping.
6. The developer shall pursue LEED certification, and shall consider the use of permeable materials for the ground surfaces.

7. The developer shall facilitate parallel parking along Russell by “bulbing out” Russell Street at the intersection with Tenth Street.

8. The developer shall use the MDHA Five Points Overlay as a guideline for this project.
9. Loft spaces shall be stepped back off the façade a minimum of 15’-0” (in compliance with Woodland Street district patterns of MDHA guidelines for the Five Points Overlay, and the Historic Commission review comments).

10. Lighting fixtures for the parking lot shall be designed and placed to avoid light spill-off. No “cobra heads” will be permitted.

11. The development will be facilitated by the re-striping of S. 10th Street from Shelby Street to Woodland Street, with future on-street parking phased in, by the Metro Public Works Department.

12. Except as otherwise specifically listed in the approved plan, with the submittal of the final site plan, the project must comply with all Urban Forester, Fire Marshal and Public Works conditions, excluding the condition requiring confirmation of adequate parking from the Zoning Administrator.

Section 4. Be it further enacted that, a final corrected copy of the SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of this ordinance. If a final corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 5. Be it further enacted, that 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 present in the plan that is a part of this ordinance.

Section 6. Be it further enacted, that 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 MUL zoning district at the effective date of the application for any building permit.

Section 7. 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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LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission - Approved 8-0 (June 28, 2007) Planning & Zoning Committee
Passed Second Reading:	November 6, 2007
Passed Third Reading:	November 20, 2007
Approved:	November 27, 2007
By:
Effective:	November 29, 2007