ORDINANCE NO. BL2017-797

ORDINANCE NO. BL2017-797

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 RM15 and CS to SP zoning on property located at 2121 26th Avenue North and 2707 Clarksville Pike, at the southwest corner of 26th Avenue North and Clarksville Pike (5.73 acres) to permit a mixed-use development, all of which is described herein (Proposal No. 2017SP-029-001).

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 RM15 and CS to SP zoning on property located at 2121 26th Avenue North and 2707 Clarksville Pike, at the southwest corner of 26th Avenue North and Clarksville Pike (5.73 acres) to permit a mixed-use development, being Property Parcel Nos. 003, 004 as designated on Map 081-02 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 on Map 081 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 a maximum of 168 multi-family residential units and those permitted under the MUL-A zoning excluding: boarding house; dormitory; auction house; automobile convenience; automobile parking; beer and cigarette market; car wash; funeral home; hotel/motel; warehouse; and construction/demolition waste processing

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Vehicular access (ingress/egress) shall be prohibited from O’Neal Drive and Salem Mason Drive.
2. Height restrictions shall allow: up to 4 stories on Clarksville Pike and 26th Avenue North; up to 3 stories on the western property boundary; and up to 2 stories on the southern property boundary.
3. These construction materials shall be prohibited: vinyl siding, untreated wood, and EIFS.
4. Sidewalks shall be required along Clarksville Pike consistent with the requirements of the Major and Collector Street Plan, and along 26th Avenue North consistent with local street standards.
5. The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone. Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.
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 OR Council approved plan]. [ choose Council ordinance unless permitted use list was too complex to include in condition 2]

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 20, 2017
Passed First Reading:	June 20, 2017
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 1, 2017
Passed Second Reading:	August 1, 2017
Amended:	August 15, 2017
Passed Third Reading:	August 15, 2017
Approved:	August 16, 2017
By:
Effective:	August 18, 2017