ORDINANCE NO. BL2015-1205

SUBSTITUTE ORDINANCE NO. BL2015-1205

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 CF to SP zoning for property located at 1512, 1514, 1516, 1522, 1524, 1528, 1530 Demonbreun Street; 112 and 118 16th Avenue South and 1529, 1531 and 1533 McGavock Street, at the southeast corner of 16th Avenue South and McGavock Street, (3.38 acres), to permit a 22 story mixed use development with up to 590 multi-family residential units, all of which is described herein (Proposal No. 2015SP-048-001).

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 CF to SP zoning for property located at 1512, 1514, 1516, 1522, 1524, 1528, 1530 Demonbreun Street; 112 and 118 16th Avenue South and 1529, 1531 and 1533 McGavock Street, at the southeast corner of 16th Avenue South and McGavock Street, (3.38 acres), to permit a 22 story mixed use development with up to 590 multi-family residential units, being Property Parcel Nos. 203, 204, 205, 206, 255, 256, 257, 259 as designated on Map 093 09 and Property Parcel Nos. 007, 010, 011, 013 as designated on Map 093 13 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 093 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 up to 590 multi-family units and all other uses permitted in the CF district.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The maximum heights of the buildings are limited to 22 stories in 289 feet.
2. Finalized landscape plans shall be submitted with the final site plan and shall meet or exceed the standards of the Zoning Code for the CF district.
3. Bicycle parking shall be provided in accordance with Section 17.20.135 of the Zoning Code.
4. Sidewalk widths shall be as per the adopted Major and Collector Street Plan.
5. Plans for highly visible crosswalks shall be reviewed and approved by Planning and Public Works prior to approval of the final site plan.
6. Comply with all Public Works conditions.
7. The anchor tenant on the corner of McGavock Street and 16th Avenue South is permitted one façade mounted sign with a maximum size of 280 square feet along McGavock Street, and one projection sign along 16th Avenue South with a maximum height of 15 feet, and a maximum projection of six feet from the face of the façade. All other façade mounted signs and projection signs shall comply with the existing standards of the Music Row UDO. Skyline signs shall be prohibited.
8. The first final site plan shall include a grocery store or return to the Metro Planning Commission for review.
9. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.

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 CF 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.

LEGISLATIVE HISTORY
Introduced:	June 2, 2015
Passed First Reading:	June 2, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (7-0) Planning & Zoning Committee
Passed Second Reading:	July 7, 2015
Deferred to August 4, 2015:	July 21, 2015
Substitute Introduced:	August 4, 2015
Amended:	August 4, 2015
Passed Third Reading:	August 4, 2015
Approved:	August 10, 2015
By:
Effective:	August 14, 2015