SUBSTITUTE ORDINANCE NO. BL2008-324

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 RS7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a retail, office, warehouse and industrial campus and open space, as being Property Parcel Nos. 063, 195 as designated on Map 059-00 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. 059 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 uses of this SP shall be limited to retail, office, and warehouse use in District A; industrial, office, and warehouse uses in District B; and open space and greenways in District C.

Section 4. Be it further enacted, that 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. The corrected copy of the preliminary SP shall include:

1. A definition of architectural metals to be approved by planning staff.

2. A plant species list for all buffers to be approved by the urban forester.

3. Sidewalks along Whites Creek Pike.

4. A description of the access management plan including no more than two driveway access points to Whites Creek Boulevard.

5. A provision for additional signage standards for District A that prohibits roof mounted signs, pole mounted signs, billboards, and signs that flash, rotate, scintillate, blink, flicker or vary in intensity or color, including all electronic signs; that permits only building signs and freestanding ground signs a maximum 6 feet in height; and that requires signs to be externally lit and constructed using high-quality durable materials.

6. A provision limiting signage and lighting in District C to that necessary to support the greenway and open space functions.

7. A provision that requires buildings in District A to be oriented towards Whites Creek Pike, with the primary building entrances facing the street.

8. A provision that requires parking in District A be located to the side or rear of the building with only one row of parking permitted on the Whites Creek Pike frontage and that all parking be screened as required by the Zoning Code.

9. The right of way along Ewing Drive shown and dimensioned.

10. A right of way 30 feet from centerline to property boundary labeled and dedicated.

11. A reserve strip for future right of way 42 feet from centerline to property boundary, consistent with the approved major street plan (U4 - 84' ROW), labeled and shown.

Section 5. Be it further enacted, that, if a corrected copy of the SP plan incorporating the conditions of approval as required in Section 4 of this ordinance 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.

Section 6. Be it further enacted that, the following conditions shall be added as notes to the corrected copy of the SP plan, as required in Section 4, and shall be completed, bonded or satisfied as specifically required:

1. Prior to final site plan approval of the first phase of development an association to manage and maintain the landscape buffer yards shall be established and a management plan shall be prepared and approved by the Urban Forester

2. Prior to final site plan approval for any phase:

a. A tree protection plan shall be provided for each lot developed adjacent to District C.

b. For any proposed street, the street pattern shall meet the requirements of the Subdivision Regulations. The principle street shall be a loop street or similar pattern that provides two access points to Whites Creek Pike.

c. A sign program shall be required for a development in District A that will include multiple stories and/or tenants.

d. Meet the requirements of the Public Works Department for roadway improvements, site distance, access onto Whites Creek Pike and additional analysis for any development within District A as required by the Public Works Department as a condition of approval for any final site plan.

Section 7. Be it further enacted, that 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 in the plan that is part of this ordinance.

Section 8. 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, District A shall be subject to the standards, regulations and requirements of the CS zoning district, District B shall be subject to the standards, regulations and requirements of the IWD zoning district, and District C shall be subject to the standards, regulations and requirements of the AR2a zoning district, as of the date of the applicable request or application.

Section 9. 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: Frank Harrison

View Sketch

Amendment No. 1
To
Substitute Ordinance No. BL2008-324

Madam President:

I move to amend Substitute Ordinance No. BL2008-324 as follows:

1. By deleting the phrase “open space and greenways”, wherein it appears in Section 3, and substituting in lieu thereof the phrase “open space, parks, wetlands and greenways”.

2. By amending Section 4 as follows:

a. By deleting condition number 4 in its entirety and substituting in lieu thereof the following condition:
“4. A description of the access management plan including no more than four driveway access points and up to two public streets to Whites Creek Boulevard.”

b. By deleting condition number 5 in its entirety and substituting in lieu thereof the following condition:
“5. A provision for additional signage standards for District A that prohibits roof mounted signs and billboards; that permits only building signs and freestanding ground signs a maximum 6 feet in height; and that requires signs to be constructed using high-quality durable materials.”

c. 4. By deleting condition number 8 in its entirety and substituting in lieu thereof the following condition:
“8. A provision that requires parking in District A be located to the side or rear of the building with only two rows of parking permitted on the Whites Creek Pike frontage and that all parking be screened as required by the Zoning Code.”

Sponsored by: Frank Harrison

LEGISLATIVE HISTORY
Introduced:	October 7, 2008
Passed First Reading:	October 7, 2008
Referred to:	Planning Commission - Disapproved 8-0 (October 23, 2008) Planning & Zoning Committee
Deferred:	November 6, 2008
Substitute Introduced:	November 18, 2008
Deferred:	November 18, 2008
Deferred to January 20, 2009:	December 2, 2008
Passed Second Reading:	January 20, 2009
Deferred to March 17, 2009: Council Meeting	February 3, 2009
Deferred to May 19, 2009:	March 17, 2009
Deferred to July 21, 2009:	May 19, 2009
Deferred to August 18, 2009:	July 21, 2009
Amendment No. 1 Approved:	August 18, 2009
Deferred:	August 18, 2009
Deferred:	September 15, 2009
Passed Third Reading:	October 7, 2009
Approved:	October 8, 2009
By:
Effective:	October 12, 2009