ORDINANCE NO. BL2016-290

ORDINANCE NO. BL2016-290

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 property located at 1407 51st Avenue North, 1640 54th Avenue North and 54th Avenue North (unnumbered), approximately 475 feet north of Centennial Boulevard (27.87 acres), to permit a mixed-use development with up to 394 multi-family units, all of which is described herein (Proposal No. 2016SP-019-001).

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 property located at 1407 51st Avenue North, 1640 54th Avenue North and 54th Avenue North (unnumbered), approximately 475 feet north of Centennial Boulevard (27.87 acres), to permit a mixed-use development with up to 394 multi family units, being Property Parcel Nos. 009, 010, 012 as designated on Map 091-00 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 091 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 within Zones 1-4 shall be limited to up to 394 multi-family dwelling units; permitted land uses within Zone 5 shall be limited to uses allowed by the IR zoning district excluding the following uses: Automobile Repair; Automobile Sales, New; Automobile Sales, Used; Automobile Service; Carpet Cleaning; Car Wash; Laundry Plants; Major Appliance Repair; Vehicular Sales and Service, Limited; Wrecker Service; Amateur Radio Antenna; Printing and Publishing; Heavy Equipment, Sales and Service; Manufacturing, Light; Bus Transfer Station; Motor Freight; Railroad Yard; Power/gas Substation; Power Plant; Wind Energy Facility (Utility); Fairground; Manufacturing, Medium; Tank Farm; Construction/demolition Landfill; Construction/demolition Waste Processing (project specific); Medical Waste; Recycling Facility; Airport; Water Waste Treatment; Sanitary Landfill; Waste Transfer; Racetrack; Mineral Extraction; Fuel Storage; Adult Entertainment.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected set, remove the reference to MUL-A under the use table for Multi-Family Buildings.
2. On the corrected preliminary SP plan, provide acreage for the portion of the site located in Zone 5.
3. On the corrected preliminary SP plan, indicate the greenway dedication area as follows: Dedicated Greenway Public Access Trail Easement Area.
4. The right-of-way for 54th Avenue N. between Centennial Boulevard and the railroad track shall be dedicated prior to submittal of the first final site plan.
5. Documentation of access from the eastern most property line to the terminus of 51st Avenue North must be provided at such time that the Fire Marshal determines that a second means of access is required. Current regulations require a 2nd means of access with 30 single-family units or 100 multi-family units.
6. Comply with all requirements of Public Works in regards to traffic improvements.
7. 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.
8. 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 for Zones 1 through 4 and IR for Zone 5 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 7, 2016
Passed First Reading:	June 7, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (8-0-1) Planning, Zoning, & Historical Committee
Passed Second Reading:	July 5, 2016
Passed Third Reading:	July 19, 2016
Approved:	July 20, 2016
By:
Effective:	July 22, 2016