ORDINANCE NO. BL2013-492

ORDINANCE NO. BL2013-492

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 the Blakemore Primitive Baptist Specific Plan District for property located at 2411 B Blakemore Avenue, approximately 330 feet west of 24th Avenue South, (0.2 acres), to construct a roof over an outdoor terrace along Blakemore Avenue and to modify conditions in the original SP approval pertaining to outdoor music, hours of operation, the allowance of outdoor events, and notice to Metro Nashville Public Schools and Metro Parks and Recreation regarding event dates, all of which is described herein (Proposal No. 2009SP-021-003).

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 amending the Blakemore Primitive Baptist Specific Plan District for property located at 2411 B Blakemore Avenue, approximately 330 feet west of 24th Avenue South, (0.2 acres), to construct a roof over an outdoor terrace along Blakemore Avenue and to modify conditions in the original SP approval pertaining to outdoor music, hours of operation, the allowance of outdoor events, and notice to Metro Nashville Public Schools and Metro Parks and Recreation regarding event dates, being Property Parcel No. 391 as designated on Map 104-07 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 104 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. The uses of this SP shall be limited to events hall, single-family residential, two-family residential, multi-family residential, monastery or convent, orphanage, assisted-care living, hospice, nursing home, residence for handicapped, greenway, and park. Special exception approval is required for a Community Education use.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Valet parking, vehicle stacking or parking of any kind that utilizes the Metro Parks driveway shall not be allowed except through a permit issued by the Metro Board of Parks and Recreation.
2. Prior to final site plan approval, the terrace roof design shall demonstrate that the overhangs to not extend beyond surrounding property lines.
3. Parking at Fannie Mae Dees Park for events shall be prohibited. Prior to each event, parking shall be available at Harris Hillman Elementary, Eakin Elementary, or Martin Professional Development Center as specified in the Facilities Use Agreement, or parking shall be available at an off-site location where shuttle service may be provided.
4. All Public Works requirements related to parking, loading and unloading, and shuttle services shall be met.
A. No event parking including guest and service vehicles shall occur within the public right-of-way.
B. Events should be supervised by the applicant or a designated management company to ensure that no parking occurs within the public right-of-way.
C. All guest parking shall be off-site at the locations designated in the application submitted to the Metro Planning Department.
D. Agreements between the applicant and the off-site parking providers shall be in writing and should be bound to this rezoning.
E. Parking at all off-site locations shall be coordinated with the owners of those facilities for each event unless contractual agreements with a parking provider is in place and addresses the specific days and times the parking will be made available for use.
F. Adequate off-site parking shall be provided for all events.
G. No valet parking shall be allowed unless a valet parking plan is submitted to and approved by the Department of Public Works.
H. No loading and unloading of guests shall occur within the public right-of-way.
I. If shuttle service is provided for any event, the following conditions shall apply:
• Shuttles shall not park or idle within the public right-of-way.
• No loading and unloading of guests from shuttles shall occur within the public right-of-way.

Section 5. Be it further enacted that, a final corrected copy of the amended 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 final 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 final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP 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 completed, bonded or satisfied as specifically required: 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 7. 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:	July 2, 2013
Passed First Reading:	July 2, 2013
Referred to:	Planning Commission - Approved with Conditions 7-0 (May23, 2013) Planning & Zoning Committee
Passed Second Reading:	August 6, 2013
Passed Third Reading:	August 20, 2013
Approved:	August 22, 2013
By:
Effective:	August 30, 2013