ORDINANCE NO. BL2015-1037

SUBSTITUTE ORDINANCE NO. BL2015-1037

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 AR2a and SCR to SP zoning for properties located at 3135 and 3185 Old Franklin Road, 5570 and 5580 Cane Ridge Road and Cane Ridge Road (unnumbered), west of Interstate 24, (approximately 286 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2015SP-005-001).

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 AR2a and SCR to SP zoning for properties located at 3135 and 3185 Old Franklin Road, 5570 and 5580 Cane Ridge Road and Cane Ridge Road (unnumbered), west of Interstate 24, (approximately 286 acres), to permit a mixed use development, being Property Parcel No. 341 as designated on Map 163-00 and Property Parcel Nos. 023, 024, 024.01, 053, 184, 213, 218, 219 as designated on Map 174-00 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 Map 163 and on Map 174 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 as follows: Residential subdistrict limited to up to 300 multi-family residential units; Retail subdistrict limited to uses allowed in SCR, excluding Cash Advance, Check Cashing, and Title Loan; Neighborhood Transition subdistrict limited to up to 700 multi-family residential units and all other uses allowed in MUL, excluding Cash Advance, Check Cashing, and Title Loan; Office Concentration subdistrict limited to uses allowed in MUI, excluding Cash Advance, Check Cashing, and Title Loan; and Mixed Use subdistrict to up to 300 multi-family residential units and all other uses allowed in MUI, excluding Cash Advance, Check Cashing, and Title Loan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded, or satisfied as specifically required:
1. All Public Facades shall also be Pedestrian Entrance Facades.
2. Raised foundations of a minimum of 18” and a maximum of 36” are required for all residential buildings. Add this standard to all districts that allow residential dwelling units.
3. The Residential subdistrict shall require a mixture of housing types including, but not limited to, stacked flats and townhomes.
4. The Residential subdistrict shall prohibit parking between a Residential building and parkway.
5. The Neighborhood Transition subdistrict shall require that Mixed Use buildings face onto a public street or internal drive that is visible to the public. Final location must be approved with the Final SP.
6. The Office Concentration subdistrict shall require that 70% of the allowed building area within the subdistrict must be office.
7. The Office Concentration subdistrict shall specify the number of residential dwelling units that will be allowed. If no number is provided, no units will be allowed.
8. The Mixed Use subdistrict shall limit the acreage allowed for Big Box buildings to a maximum of 25 acres.
9. The Mixed Use subdistrict shall limit Big Box buildings to land between the parkway and Interstate 24 only.
10. The Mixed Use subdistrict shall require that 50% of the buildings (excluding Big Box) shall be vertically mixed use.
11. The Retail subdistrict shall limit signage to as per the SCR zoning district.
12. All building forms shall require building entrances and walkways along long, blank building walls to create a pedestrian friendly environment through the use of wide walkways, generous landscaping and trees, benches, art, plazas, and other similar enhancements.
13. As per the Major and Collector Street Plan, provide the following sidewalks along Cane Ridge Road: 6’ planting strip and 8’ sidewalks.
14. Sidewalk locations will be determined at final site plan and may be located inside or outside of the right of way in pedestrian easements.
15. Due to the potential impact of this development on the public school system, the applicant is required by Planning Commission policy to offer for dedication a school site in compliance with the standards of Section 17.16.040 for elementary schools with a capacity of 500 students. The school site does not have to be on the subject property.
16. All final site plans shall be reviewed by Metro agencies and approved by the Planning Commission or Department in accordance with Section 17.40.170 of the Zoning Code. All roadway plans shall be consistent with the Complete Streets Executive Order and should incorporate NACTO guidelines where possible.
17. Comply with all requirements of Public Works in regards to traffic.

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 RM20 district for the Residential Subdistrict, SCR district for the Retail Subdistrict, MUL district for the Neighborhood Transition Subdistrict, MUI district for the Office Concentration Subdistrict and for the Mixed Use Subdistrict as of the date of the applicable request or application. Uses are limited as described in the Council approved plan.

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.

LEGISLATIVE HISTORY
Introduced:	February 3, 2015
Passed First Reading:	February 3, 2015
Referred to:	Planning Commission - Approved with Conditions 8-0 (February 26, 2015) Planning & Zoning Committee
Passed Second Reading:	March 3, 2015
Substitute Introduced:	March 17, 2015
Passed Third Reading:	March 17, 2015
Approved:	March 19, 2015
By:
Effective:	March 27, 2015