ORDINANCE NO. BL2015-1259

SECOND SUBSTITUTE ORDINANCE NO. BL2015-1259

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 R20 to SP zoning for properties located at 6200, 6202, 6300 Highway 100 and Highway 100 (unnumbered), approximately 630 feet south of Harding Pike (3.44 acres), to permit an office, retail, and/or residential development, all of which is described herein (Proposal No. 2015SP-072-001).

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 R20 to SP zoning for properties located at 6200, 6202, 6300 Highway 100 and Highway 100 (unnumbered), approximately 630 feet south of Harding Pike (3.44 acres), to permit an office, retail, and/or residential development, being Property Parcel Nos. 084-087 as designated on Map 129-08 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 129 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 all uses permitted under MUN-A, provided that the following uses shall be prohibited:
ATM
Assisted Living facility
Auction House
Bar/nightclub
Beer and cigarette market (including no vape shops)
Bed and Breakfast
Boarding House
Cash advance
Check cashing
Community education
Club
Commercial amusement indoor
Cultural center
Custom assembly
Day care
Flea Market
Hotel
Inventory sales
Medical Appliance sales
Rec Center
Religious Institution
Title Loan

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Prior to the issuance of any building permits, a cross access easement shall be recorded to provide cross access between this SP and the adjacent parcels to the north and south.

2. The SP shall be limited to a maximum of two driveways onto Highway 100.

3. All building shall be oriented to Highway 100 and include a primary entrance along Highway 100.

4. Developer should complete and submit a plan along with the preliminary site plan for the removal, relocation and/or preservation of artifacts and human remains pursuant to Tennessee law.

5. Removal and relocation of human remains should be done in a manner sensitive to the traditions and norms of the Native American culture. Developer should consult with the Metro Historical Commission and State Archeologist staff to assure compliance.

6. Such plan should also consider placement of the buildings so as to least disrupt the site.

7. Excavation work should utilize the equipment necessary to limit or eliminate damage to the archeological site. Developer shall consult with State Archeologists to ensure compliance.

8. The Developer, the Metro Historical Commission staff, and the property owner shall mutually develop a plan for the proper storage, preservation, and display of artifacts, to the extent they are not located along with human remains and thus required to be reinterred, and ownership of which is not desired by the property owner.

9. In the event, the Metro Historical Commission is able to locate and identify the Red House Spring and any associated structures or articfacts on the site, then the developer and Metro Historical staff should develop a plan for preservation and or recognition of the site. Metro Historical Staff should consult with the staff of the Belle Meade Plnatation as appropriate.

10. Prior to final site plan approval, a Traffic Impact Study (TIS) shall be completed. In addition to standard Public Works requirements, the TIS must explore the possibility of a signalized pedestrian crossing at either Taggart Avenue or Gilman Avenue. If Planning and Public Works determines that a signalized crosswalk is not feasible, then other pedestrian improvements may be required.

11. Commercial uses (non-office) shall be limited to 40% of the total permitted floor area.

12. A minimum of 10,000 square feet of commercial is required.

13. Multi-family shall be limited to no more than 20 units.

14. No internally illuminated signage shall be permitted on buildings fronting Highway 100. An externally illuminated monument sign, no more than 8 feet in height, is permitted at each entrance with no more than two such signs permitted for the entire site. Placement of the monument signs should respect the topographical differences between the site and the adjoining and abutting residential properties. No electronic signs are permitted.

15. The maximum spillover lighting shall not exceed:
a. At the property boundary, 1 foot candle adjacent to commercial property and 0.5 foot candle adjacent to residential.
b. Within 10 feet of the property line, 0.5 foot candles adjacent to commercial property, and 0.25 candles adjacent to residential.
For definition purposes, properties separated by roads shall be considered adjacent.

16. No drive through facilities shall be allowed on site. For purposes of this Section, a drive through facility is an establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services or obtain goods while in their motor vehicles on a short term basis while in a queue.

17. Businesses on site shall operate only between the hours of 7:00 a.m. and 11:00 p.m.

18. Before preliminary site plan is approved, a tree survey should be conducted. The preference is that mature trees be retained to the extent possible particular those along the Highway 100 frontage. If these trees along the Highway 100 frontage of site are lost, they shall be replaced with comparable vegetation. For this development, vegetation means hardwood trees, not shrubs (street trees).

19. The final site plan shall be revised to eliminate the requirement for a turn lane along the Highway 100 frontage, as it is the desire of the community to create as much of a pedestrian friendly streetscape as possible.

20. Development of nonresidential portions of the project should include buildings of an architectural style and materials that mimic 1½ to 2 story traditional residential structures found in the area. It is the intent that this development be consistent with and enhance the predominately residential nature of the area. The design of the development shall not have the appearance of a commercial strip mall. To the extent there is any parking in the front of the buildings, such limited parking area shall be substantially smaller than the parking to the side and rear of the buildings in keeping with the design of adaptive reuse developments in the 12th South area, for example.

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 MUN-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.

LEGISLATIVE HISTORY
Introduced:	July 7, 2015
Substitute Introduced:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Planning Commission - Disapproved (5-1) Planning & Zoning Committee
Passed Second Reading:	August 4, 2015
Substitute Introduced:	August 18, 2015
Passed Third Reading:	August 18, 2015
Approved:	August 19, 2015
By:
Effective:	August 21, 2015