ORDINANCE NO. BL2014-735

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 ORI to SP zoning for properties located at 54, 56, 58, 60, 62 and 64 Music Square West, at the northeast corner of Music Square West and Music Square South (1.43 Acres), to permit a mixture of uses and up to 230 multifamily residential units or redevelopment under the ORI-A zoning district, all of which is described herein (Proposal No. 2014SP-015-001).

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 ORI to SP zoning for properties located at 54, 56, 58, 60, 62 and 64 Music Square West, at the northeast corner of Music Square West and Music Square South (1.43 Acres), to permit a mixture of uses and up to 230 multifamily residential units or redevelopment under the ORI-A zoning district, being Property Parcel Nos. 420, 421, 422 as designated on Map 092-16 and Property Parcel Nos. 079, 080, 081 as designated on Map 104-04 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 and 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. Be it further enacted, that the uses of this SP shall be limited to the uses shown on the plan or all uses permitted under ORI-A if not developed under the plan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Properties within the SP may develop under the ORI-A zoning district. If a property or properties develop under the ORI-A zoning district, then all properties within the SP must develop under the ORI-A zoning district.
2. Each ground level residential unit shall have access on to the sidewalk. Any nonresidential use shall have primary access on to the sidewalk.
3. A TIS may be required for any development/use and occupancy permit as deemed necessary by the Metro Traffic Engineer and may be subject to improvements/requirements as deemed necessary by the Metro Traffic Engineer.
4. In association with final site plan approval architectural design elements shall be consistent with the overall concept and approved by the Metro Planning Department.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.

Section 7. Be it further enacted, 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 ORI-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
Section 8. 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: Erica Gilmore

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LEGISLATIVE HISTORY
Introduced:	April 1, 2014
Passed First Reading:	April 1, 2014
Referred to:	Planning Commission - Approved with Conditions 5-1 (March 13, 2014) Planning & Zoning Committee
Passed Second Reading:	May 6, 2014
Passed Third Reading:	May 20, 2014
Approved:	May 21, 2014
By:
Effective:	May 23, 2014