ORDINANCE NO. BL2016-319

SUBSTITUTE ORDINANCE NO. BL2016-319

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 CN, RS5 and SP to SP zoning for properties located at 1224, 1225, 1227, and 1300 Lischey Avenue, approximately 210 feet northeast of Richardson Avenue (1.55 acres), to permit all uses permitted by the MUL-A district except for alternative financial services uses, all of which is described herein (Proposal No. 2016SP-047-001).

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 CN, RS5 and SP to SP zoning for properties located at 1224, 1225, 1227, and 1300 Lischey Avenue, approximately 210 feet northeast of Richardson Avenue (1.55 acres), to permit all uses permitted by the MUL-A district except for alternative financial services uses, being Property Parcel Nos. 251, 470, 473, 476 as designated on Map 071-15 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 071 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 MUL-A zoning district except alternative financial services uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The maximum allowable Floor Area Ratio (FAR) per parcel shall be 1.4.
2. The design standards shall comply with the design standards of Alterative districts found within the Urban Zoning Overlay.
3. The parking requirements shall meet the parking standards of the Urban Zoning Overlay.
4. There shall be a minimum of a 40 foot side setback along the northern site of parcel 251.
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. Public water and sewer construction plans, if required, must be submitted and approved prior to Final SP approval. A water and sewer availability request shall be made prior to Final SP submittal with required capacity fees paid prior to Final Site Plan/SP approval.
7. Upon submittal of a Final Site Plan, the Applicant will provide the number of employees and/or FAR in order to calculate the required parking.
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 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 5, 2016
Passed First Reading:	July 5, 2016
Referred to:	Planning Commission - Disapproved as submitted; Approved with amendments, disapproved without (7-0-1) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 2, 2016
Passed Second Reading:	August 2, 2016
Substitute Introduced:	August 16, 2016
Passed Third Reading:	August 16, 2016
Approved:	August 17, 2016
By:
Effective:	August 19, 2016