ORDINANCE NO. BL2009-564

ORDINANCE NO. BL2009-564

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 portion of the Seven Springs Planned Unit Development located on property at 310 and 330 Seven Springs Way, opposite Cloverland Drive (22.94 acres), zoned OR40 and proposed for MUL for a portion of the amended area, to permit 659,920 square feet of office uses and 58,918 square feet of retail and restaurant uses for a total of 718,838 square feet in the amended portion of the PUD, where 499,169 square feet of office space was previously approved, all of which is more particularly described herein, (Proposal No. 98P-007-001).

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 making certain changes in 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 portion of the Seven Springs Planned Unit Development located on property at 310 and 330 Seven Springs Way, opposite Cloverland Drive (22.94 acres), zoned OR40 and proposed for MUL for a portion of the amended area, to permit 659,920 square feet of office uses and 58,918 square feet of retail and restaurant uses for a total of 718,838 square feet in the amended portion of the PUD, where 499,169 square feet of office space was previously approved, as being Property Parcel Nos. 044 and 243 as designated on Map 160-00 and Property Parcel No. as designated on Map of 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 attached plan that was duly considered by the 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. 160 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 following conditions be completed, bonded, or satisfied as specifically required:

1. Any expansion of retail/restaurant uses over a total of 95,000 square feet shall require a PUD amendment and Metro Council approval.

2. All sign permit applications shall be reviewed by Planning staff. Signage shall follow Zoning Code requirements except as follows:

a. Ground signs shall be monument-style with a consistent base that is at least as wide as the sign background area.
b. A maximum of two ground signs are allowed along the commercial frontage of Old Hickory Boulevard and/or Seven Springs Way for Parcel A.
c. Each ground sign shall have a maximum height of 8 feet and a maximum display area of 100 square feet. The total display area for ground signs shall not exceed 192 square feet.
d. For internally-illuminated signs, lighting shall be diffused and shall illuminate only letters and logos. Sign background area shall be opaque.
e. Building signs for first floor retail/restaurant spaces shall be aligned on the facade. A minimum and maximum height for these signs shall be submitted as part of the sign program. The minimum and maximum heights shall be within 3 feet (eg. 12 foot minimum and 15 foot maximum height).
f. A sign program illustrating all intended sign locations shall be submitted to Metro Planning prior to approval of building permits. The sign program will illustrate the allotment of signage display area to individual tenants and the proposed placement of signage on each building.
g. All signs prohibited by the Zoning Code, including billboards, are prohibited within Parcel A of the Seven Springs PUD.

3. All Public Works conditions related to street improvements, reservations, driveway design, construction and location, and parking design and location shall be met.

Section 4. Be it further enacted, that a corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval 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 preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD 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 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:	October 6, 2009
Passed First Reading:	October 6, 2009
Referred to:	Planning Commission - Approved 10-0 (August 13, 2009) Planning & Zoning Committee
Passed Second Reading:	November 3, 2009
Amended:	November 17, 2009
Deferred:	November 17, 2009
Passed Third Reading:	December 1, 2009
Approved:	December 3, 2009
By:
Effective:	December 7, 2009