LEGISLATIVE HISTORY
(April 24, 2008)
Planning & Zoning Committee
ORDINANCE NO. BL2008-188
An ordinance approving an amendment to BL 2006-1296, which changed the zoning for the parcels located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway, 109, 113, and 119 2nd Avenue South, and 110 and 116 3rd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South (approximately 1.16 acres) from CF to SP zoning (Proposal No. 2006SP-183U-09).
WHEREAS, the Metropolitan Council by BL 2006-1296, approved SP zoning for the following properties: located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway, 109, 113, and 119 2nd Avenue South, and 110 and 116 3rd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South; and
WHEREAS, Metropolitan Code Section 17.40.106 requires Council approval for any changes in the geographic boundary of a SP district, the modification of specific performance criteria, development standards, land uses, development types or other requirements as shown, described, illustrated, identified, or noted on the last council-approved development plan.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: That Section 1 of BL 2006-1296 is hereby amended by deleting Section 1 in its entirety and substituting the following:
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 located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway, 109, 113, and 119 2nd Avenue South, and 110 and 116 3rd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South, (1.16 acres) to permit a hotel with not more than 475 rooms and with retail and restaurant uses, 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 is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.
Section 2: That Section 3 of BL 2006-1296 is hereby amended by deleting it in its entirety and substituting the following:
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 there shall be a maximum of 475 hotel rooms.
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.
6. 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.
7. 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.
8. 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.
9. 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.
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 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).
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 3: That this bill shall 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. 1
To
Ordinance No. BL2008-188
Madam President:
I move to amend Ordinance No. BL2008-188 by deleting Section 2 in its entirety and substituting the following new Section 2:
“Section 2. Be it further enacted that, Section 3 of BL2006-1296 is hereby amended by deleting it in its entirety and substituting the following conditions to be completed, bonded or satisfied prior to the issuance of any permits, or as otherwise specifically required in the condition:
1. The Broadway street façade shall be pulled up to the property line with recesses and step-backs along the building edge only for entrance and design transition from old-buildings-to-new purposes. The street elevation of the new structure shall be in the same plane as the original ‘historic’ facades, in order to be consistent with other buildings in the historic streetscape. Although similar in form and materials, the composition and details of the new façade are to be more simplified. The design transition from old-buildings-to-new shall be reinforced by the narrow recessed connector.
2. The Broadway Hotel street façade shall maintain a rhythm and repetition consistent with the established historic pattern found along Broadway. For illustration purposes, the street façade portions of ‘207’ and ‘215’ need to be designed to maintain a proportional façade-width similar to street facades found along Lower Broadway. The façade proportion of ‘207’ and ‘215’ is currently broken in half and should instead be a full façade. The portion of the façade on ‘215’ that connects the old buildings to the new shall be recessed and designed in such a way as to not draw a sharp contrast and make the connector an incompatible feature, as it is currently designed.
3. Consideration shall be given to the design of the tower wing that projects toward Lower Broadway. In order to pull the bulk of the building back and lessen its impact on Broadway, Planning Commission Staff recommends pulling the wing back by a minimum of two (2) rooms and relocating those rooms by taking the North/South tower up in height by two stories. The bulk of the building will sit back from Broadway a minimum of 74 feet instead of the currently proposed 60 feet. The overall tower would take-on a T-form instead of having a longer wing that extends forward toward Broadway.
4. 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.
5. 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 7, 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.
6. 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.
7. Façade elevations along the property line adjacent to Broadway, 2nd Ave and 3rd Ave. shall continue to be designed 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. Storefronts along Broadway, Second and Third Avenues shall have bulkheads (kickplates) to remain consistent with existing storefronts in the historic district.
8. 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 the tower portion of the development in conformance with the plans as submitted or an alternative tower design that would be further back from Broadway than 74 feet, in conformance with Condition 3. The alternative tower design shall fall within the following building envelope:
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 70' from the Broadway property line with no portion of the tower closer to Broadway than the 74 feet as stated in Condition 3.
9. 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.
10. This SP district permits all uses permitted within the CF zoning district.
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. 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 CF zoning district as of the date of the applicable request or application.
13. A corrected copy of the preliminary 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 the enacting ordinance. If a 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 the enacting ordinance, then the 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.
14. Minor modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, 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.
15. The requirements of the Metro 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.”
Sponsored by: Mike Jameson
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | April 1, 2008 |
| Passed First Reading: | April 1, 2008 |
| Referred to: | Planning
Commission - Approved 8-1 (April 24, 2008) Planning & Zoning Committee |
| Passed Second Reading: | May 6, 2008 |
| Amended: | May 20, 2008 |
| Passed Third Reading: | May 20, 2008 |
| Approved: | May 29, 2008 |
| By: | |
| Effective: | June 2, 2008 |