ORDINANCE NO. BL2014-704

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 ONE C1TY Specific Plan district approved for a mixed-use development for properties located at 329, 330, 331, and 336 28th Avenue North, 28th Avenue North (unnumbered) and 3000 Charlotte Avenue, southwest of the intersection of 28th Avenue and Charlotte Avenue (18.73 Acres), to permit temporary improvements, permit additional uses not currently permitted and increase the maximum building height, all of which is described herein (Proposal No. 2011SP-009-003).

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 ONE C1TY Specific Plan district approved for a mixed-use development for properties located at 329, 330, 331, and 336 28th Avenue North, 28th Avenue North (unnumbered) and 3000 Charlotte Avenue, southwest of the intersection of 28th Avenue and Charlotte Avenue (18.73 Acres), to permit temporary improvements, permit additional uses not currently permitted and increase the maximum building height, being Property Parcel Nos. 039, 079, 083, 084, 085, 094, 095 as designated on Map 092-14 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 092 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 following conditions shall be completed, bonded or satisfied as specifically required:
1. This bill only amends uses and specific sections of the SP District previously approved by BL2011-891. All other requirements shown on the SP District plan approved by BL2011-891 shall apply.

Section 4. 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 5. 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 6. If a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the MUI-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council approved plan.

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.

Sponsored by: Edith Taylor Langster

View Sketch

View Site Plan

LEGISLATIVE HISTORY
Introduced:	March 4, 2014
Passed First Reading:	March 4, 2014
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	April 1, 2014
Passed Third Reading:	April 15, 2014
Approved:	April 16, 2014
By:
Effective:	April 18, 2014