ORDINANCE NO. BL2016-173

SUBSTITUTE ORDINANCE NO. BL2016-173

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 2034 and 2037 Pittway Drive and Oakwood Avenue (unnumbered), approximately 1,400 feet north of East Trinity Lane (20.61 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2016SP-016-001).

WHEREAS, Nashville and Davidson County has observed significant cost appreciation and housing turnover within central areas of the city; and

WHEREAS, an estimated 24% of homeowners and 46% of renters in Nashville are cost-burdened; and

WHEREAS, the phenomenon of cost appreciation and housing turnover can lead to the displacement of cost-burdened households and subsequent gentrification; and

WHEREAS, 29% of all home sales in Nashville and Davidson County in 2015 were affordable to a buyer earning 80% of the average median income (AMI) for a 2.5 person household; and

WHEREAS, much of the housing that is affordable to buyers earning 80% AMI is outside of central areas of Nashville, with poor access to public transit, services, and employment; and

WHEREAS, the development proposed herein is located adjacent to public transit, services, and employers; and

WHEREAS, developer Dale & Associates has voluntarily requested the opportunity to provide affordable and/or workforce housing at this site; and

WHEREAS, developer Dale & Associates has declared its intent and commitment to construct affordable and/or workforce housing at this site, as indicated in the Declaration of Covenants and Restrictions attached hereto as Exhibit A, and to prepare and execute a binding deed restriction to this effect.

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 2034 and 2037 Pittway Drive and Oakwood Avenue (unnumbered), approximately 1,400 feet north of East Trinity Lane (20.61 acres), to permit a mixed-use development, being Property Parcel Nos. 002, 021, 023, 024, 026 as designated on Map 072-00 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 on Map 072 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 those permitted under the MUG-A zoning district.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Height is limited to two stories and 35 feet along the northern property boundary and along Oakwood Avenue. No structure can exceed five stories.
2. No more than 20% of the total floor area shall be used for non-residential uses.
3. Non-residential uses shall be prohibited fronting Oakwood Avenue.
4. A standard class ‘D’ landscape buffer yard is required along the entire northern property line.
5. Sidewalks on Oakwood Avenue are required to be improved with a 5’ planting strip and a 6’ sidewalk.
6. Along Oakwood Avenue vehicular access is limited to two access points.
7. Building façades fronting a street shall provide direct pedestrian entrances for a minimum of 50% of the ground floor units along each street frontage and a minimum of 25% glazing.
8. Windows shall be vertically oriented at a ratio of 1.5:1 or greater, except for dormers or egress windows.
9. EIFS, vinyl siding and untreated wood shall be prohibited.
10. A raised foundation of 18”-36” is required along all public streets.
11. Add the following note to the plan: 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.
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.
13. No more than one thousand (1,000) residential dwelling units shall be developed on the property.

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 MUG-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:	March 1, 2016
Passed First Reading:	March 1, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (7-1) Planning & Zoning Committee
Passed Second Reading:	April 5, 2016
Deferred to May 3, 2016:	April 5, 2016
Deferred:	May 3, 2016
Re-Referred to:	Planning & Zoning Committee
Substitute Introduced:	May 17, 2016
Passed Third Reading:	May 17, 2016 - Roll Call Vote
Approved:	May 18, 2016
By:
Effective:	May 20, 2016