ORDINANCE NO. BL2016-204

SUBSTITUTE ORDINANCE NO. BL2016-204

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 RS5 and SP to SP zoning for properties located at 206 Vaughn Street and 900, 901, 902, 903, and 908 Meridian Street and 219, 307, and 309 Cleveland Street, north of Cleveland Street (3.23 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2016SP-024-001).

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 RS5 and SP to SP zoning for properties located at 206 Vaughn Street and 900, 901, 902, 903, and 908 Meridian Street and 219, 307, and 309 Cleveland Street, north of Cleveland Street (3.23 acres), to permit a mixed use development, being Property Parcel Nos. 218, 227, 228, 229, 231, 415, 416, 417, 551 as designated on Map 082-03 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 082 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 as follows:
Subdistrict A: up to 20 multi-family residential dwelling units; restaurant, retail, office; Subdistrict B: up to 50 multi-family residential dwelling units; restaurant, bed and breakfast inn, hotel, community education, office, retail. All proposed uses are to be within the existing buildings; Subdistrict C: restaurant, bed and breakfast inn, office. All proposed uses are to be within the existing building; Subdistrict D: Accessory uses for principle uses located within Subdistrict C including food and beverage storage, food and beverage production, ancillary office, laundry, and storage of goods and furnishings. In addition, a maximum of two restaurants shall be permitted at any one time within the SP; a maximum of 1 bed and breakfast inn with up to 6 rooms within Subdistrict C and a maximum of 1 hotel with up to 35 rooms within Subdistrict B shall be permitted within the SP at any one time.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected preliminary SP plan, remove the parking table provided on the Regulating Plan (sheet 5). Add a note indicating the parking shall be as per the Metro Zoning Ordinance.
2. The proposed new construction closest to the historic buildings shall be decreased in size to provide a transition to the historic buildings. The applicant shall continue to work with the Metro Historic Zoning Commission to determine appropriate heights. Finalized elevations shall be provided with the submittal of the final site plan.
3. Along Cleveland Street, where no historic rock wall is located, provide sidewalks and grass strip consistent with the requirements of the Major and Collector Street Plan (minimum 4 foot grass strip; 8 foot sidewalk).
4. A mandatory referral is required for the proposed alley closures. The mandatory referral shall be approved prior to issuance of any building permits.
5. 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.
6. 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.

LEGISLATIVE HISTORY
Introduced:	April 5, 2016
Passed First Reading:	April 5, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (8-0-1). Planning & Zoning Committee
Passed Second Reading:	May 3, 2016
Substitute Introduced:	May 17, 2016
Passed Third Reading:	May 17, 2016
Approved:	May 18, 2016
By:
Effective:	May 20, 2016