ORDINANCE NO. BL2016-135

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 IR to SP zoning for properties located at 1131 and 1137 4th Avenue South, at the northwest corner of Chestnut Street and 4th Avenue South (5.2 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2015SP-092-001).

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 IR to SP zoning for properties located at 1131 and 1137 4th Avenue South, at the northwest corner of Chestnut Street and 4th Avenue South (5.2 acres), to permit a mixed-use development, being Property Parcel Nos. 331, 349 as designated on Map 105-03 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 105 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 uses listed in the SP document.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The final site plan shall depict a minimum 5 foot clear path of travel for pedestrian ways, including public sidewalks, and the location of all existing and proposed obstructions. Prior to the issuance of use and occupancy permits, existing obstructions within the path of travel shall be relocated to provide a minimum of 5 feet of clear access.
2. Prior to any final site plan approval, applicant shall work with the Metropolitan Transit Authority (MTA) to determine if a public transit-stop should be located within the project or along the project boundary. If MTA determiners that a transit-stop is necessary within or along the project boundary, then the final site plan shall accommodate the transit-stop.
3. Any final site plan shall provide public pedestrian improvements including sidewalks and planting strips consistent with the Major and Collector Street Plan.
4. 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.
5. Dumpster and recycling container locations shall not be visible from internal drives or public streets.
6. Building footprint sets back a minimum of 40 feet from the property line with the City Cemetery.
7. Building height is 9 stories with a reduction to 8 stories for at least 45 feet on the northeast leg of the “U” shaped tower.
8. Vehicular entrance from 4th Avenue South at the northeast corner of the property is pushed south 2 feet or more to protect the early 20th century corner limestone wall pier, which was recently damaged due to the tight turning radius.
9. During excavation an archaeologist should be on site to monitor for human remains that date to the Civil War when the site was used as an expansion of the City Cemetery for the burial of Union and Confederate soldiers.
10. During blasting a seismologist should be on site to monitor potential damage to underground burial vaults at the City Cemetery.
11. Signage shall meet the MUL-A signage requirements.
12. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

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 MUL-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: Colby Sledge

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LEGISLATIVE HISTORY
Introduced:	February 2, 2016
Passed First Reading:	February 2, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (10-0) Planning & Zoning Committee
Passed Second Reading:	March 1, 2016
Passed Third Reading:	March 15, 2016
Approved:	March 16, 2016
By:
Effective:	March 25, 2016