ORDINANCE NO. BL2009-470

ORDINANCE NO. BL2009-470

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 R8 to SP zoning for properties located at 2223, 2225, and 2227 10th Avenue South, approximately 50 feet north of Waldkirch Avenue (0.6 acres), to permit a 13,600 square foot mixed use building containing 2,000 square feet of restaurant space, 4,800 square feet of retail space and 6,800 square feet of office space, all of which is described herein (Proposal No. 2009SP-005-001).

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 R8 to SP zoning for properties located at 2223, 2225, and 2227 10th Avenue South, approximately 50 feet north of Waldkirch Avenue (0.6 acres), to permit a 13,600 square foot mixed use building containing 2,000 square feet of restaurant space, 4,800 square feet of retail space and 6,800 square feet of office space, as being Property Parcel Nos. 245, 246, 247 as designated on Map 105-13 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. 105 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 restaurant, retail, and office uses.

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. 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.

Section 5. Be it further enacted, that 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 prior to final site plan approval:
1. Screening dumpster details shall be submitted to staff for review and approval with the final site plan. Dumpster screening shall be consistent with the requirements of the Metro Zoning Code.
2. Prior to final site plan approval, a list of building materials shall be identified on a set of elevations and submitted to staff for review. Prohibited building materials include all plastics, plywood, metal buildings, and vinyl siding.
3. Signs shall be limited to wall mounted signs a maximum of 48 square feet in size. An overall sign program shall be submitted with the final site plan for review and approval.
4. Prior to final site plan approval, the SP plan shall provide a tree density table and plant species list consistent with the MUN standards of the Zoning Code and to be approved by the Urban Forester.
5. The requirements of the Metro Public Works Department shall be met prior to or in conjunction with final site plan approval.
6. Final Site Plan drawings shall show all proposed buildings outside of the public right-of-way.
7. All NES conditions shall be satisfied with final site plan.

Section 6. Be it further enacted, that 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 prior to the issuance of building permits:
1. The existing lots shall be consolidated.
2. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection shall be met.

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, the property shall be subject to the standards, regulations and requirements of the MUN 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.

LEGISLATIVE HISTORY
Introduced:	June 2, 2009
Passed First Reading:	June 2, 2009
Referred to:	Planning Commission - Approved 7-1 (May 14, 2009) Planning & Zoning Committee
Passed Second Reading:	July 7, 2009 - Roll Call Vote
Deferred Indefinitely:	July 21, 2009
Put back on the Agenda for the September 15, 2009 Council Meeting:	September 8, 2009
Amended:	September 15, 2009
Passed Third Reading:	September 15, 2009
Approved:	September 22, 2009
By:
Effective:	September 28, 2009