ORDINANCE NO. BL2013-378

ORDINANCE NO. BL2013-378

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 OR20 to SP zoning for properties located at 2400 Crestmoor Road and at 3813 and 3815 Cleghorn Avenue, at the southwest corner of Crestmoor Road and Cleghorn Avenue (2.09 acres), permitting all uses of the MUG-A district except those uses specified on the plan as prohibited, and utilizing most bulk standards of the MUG-A district, all of which is described herein (Proposal No. 2012SP-028-001).

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 OR20 to SP zoning for properties located at 2400 Crestmoor Road and at 3813 and 3815 Cleghorn Avenue, at the southwest corner of Crestmoor Road and Cleghorn Avenue (2.09 acres), permitting all uses of the MUG-A district except those uses specified on the plan as prohibited, and utilizing most bulk standards of the MUG-A district, being Property Parcel Nos. 115, 116 as designated on Map 117-10 and Property Parcel No. 042 as designated on Map 117-14 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 Metropolitan Clerk’s 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 Map 117 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 those uses permitted by the MUG-A zoning district except those uses specifically prohibited by the SP plan.

Section 4. Be it further enacted, that signs within this SP shall meet the standards of the MUG-A zoning district, except for ground sign type and height. Ground signs shall be monument signs with a maximum height of six feet.

Section 5. Be it further enacted, that prior to final site plan approval, the flowing conditions shall be completed, bonded or satisfied as specifically required:
1. Post developed flows, comprised of runoff for the entire developed site, discharged towards Cleghorn, shall not exceed the pre developed flows, comprised of runoff from approximately one half to one third of the site, currently discharged toward Cleghorn.
2. Valet zones along both Cleghorn Avenue driveways shall be located a minimum of 25 feet from Cleghorn travel lanes and shall be signed for short term parking for valet or check in services.
3. The existing intersection of Crestmoor Road and Cleghorn Avenue shall be modified by installing improved pedestrian facilities for the west leg of Crestmoor Road including pavement markings, signage, and ADA ramps. Additional vehicular signage and pavement marking modifications may be required to further enhance the safety of this intersection.
4. At the time the final SP is submitted, the developer shall provide a survey and an engineer's report to determine the constructability of providing sidewalk along the north side of Crestmoor between the intersection with Cleghorn and the existing Metro Archives building. If the existing right-of-way and topography permits the construction of this sidewalk, the developer shall construct the sidewalk gaps along the north side of Crestmoor and shall evaluate the appropriateness of installing a marked pedestrian crosswalk across Crestmoor.
5. The intersection of Cleghorn and Green Hills Village Drive shall be modified to provide pedestrian crosswalks, pedestrian signalization, and other associated pedestrian facilities. A signal plan shall be submitted for MPW traffic engineer approval.
6. Sidewalks along the property frontage shall be extended and sidewalk shall be constructed where there are existing gaps along west side of Cleghorn Avenue from the project site to the existing traffic signal at Green Hills Village Drive.

Section 6. 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 provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. 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 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 MUG-A 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:	February 5, 2013
Passed First Reading:	February 5, 2013
Referred to:	Planning Commission - Approved with Conditions 7-0-2 (January 10, 2013) Planning & Zoning Committee
Passed Second Reading:	March 5, 2013
Passed Third Reading:	March 19, 2013
Approved:	March 25, 2013
By:
Effective:	March 29, 2013