ORDINANCE NO. BL2017-819

SUBSTITUTE ORDINANCE BL2017-819

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 ORI to SP on properties located at 109, 111 and 113 29th Avenue North, at the southwest corner of Poston Avenue and 29th Avenue North, located within the 31st Avenue and Long Boulevard Urban Design Overlay District (0.49 acres), to permit a hotel, all of which is described herein (Proposal No. 2017SP-020-001).

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 ORI to SP on properties located at 109, 111 and 113 29th Avenue North, at the southwest corner of Poston Avenue and 29th Avenue North, located within the 31st Avenue and Long Boulevard Urban Design Overlay District (0.49 acres), to permit a hotel, being Property Parcel Nos. 336, 337, 338 as designated on Map 104-02 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 made on Map 104 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 hotel with a maximum height of 90 feet as stipulated in the 31st Avenue and Long Boulevard Urban Design Overlay.~~

Be it further enacted, that the uses of this SP shall be limited to a hotel with a

maximum height of 90 feet measured from the ground elevation (535’ EL) at the corner of 29^th Avenue North and Poston Avenue for a total height not to exceed 625’ EL inclusive of non-occupied roof-top structures, equipment and design elements.

Section 4. 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.
~~1. On the corrected set, update the Maximum FAR to 4.25.~~

1. ~~The total FAR for the building shall be 4.0.~~

1. The maximum FAR shall be 4.0

2. Prior to use and occupancy permit, a mandatory referral approving aerial encroachments for the proposed canopies shall be approved by the Metropolitan Council.
3. Final architectural elevations for all facades of the building consistent with all standards of the 31st and Long UDO shall be provided with the submittal of the Final Site Plan.
4. Comply with all conditions of Public Works and Traffic and Parking in regards to traffic improvements.
5. Final site plan review for the Specific Plan and 31st Avenue and Long Boulevard Urban Design Overlay shall be combined. All requirements of the Specific Plan and Urban Design Overlay shall be met.
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.

7. Total parking provided shall be 159 parking spaces. All parking spaces shall be

made available to the public as paid parking. Underground parking shall be provided. Four on-street parking spaces are to be provided if approved by Metro Traffic and Parking Commission.

8. ~~Pedestrian safety improvements shall be per “Recommended Improvement Plan” and Pedestrian Safety Analysis completed by KRPM Transportation Consultants, LLC. See attached drawing. (Figure 8).~~

8. Pedestrian safety improvements shall be per “Recommended Improvements” Plan and Pedestrian Safety Analysis completed by RPM Transportation Consultants, LLC / KCI Technologies Inc. See attached drawing. (Attachment B Intersection Improvement Plan, Figure 8).

9. Lighting shall be provided for the sidewalks along 29th Ave N and Poston Ave. at a minimum of 1 Foot Candle per sf. Lights shall be mounted on the building envelope.

10. Building signage with integrated lighting shall not be visible from the 30th Ave North.

11. During construction, there shall be no outside work on Sundays.

12. During construction, there shall be no jackhammering nor hoe ramming between 5 PM and 9 AM.

13. Blasting shall occur between 9AM and 8PM Tuesday thru Saturday unless directed by the State Fire Marshal, the Nashville Fire Department, or other regulating agency for pedestrian safety, traffic safety, and/or the general welfare of the public. Primary shot time will be immediately following implementing safety protocols early in the morning to limit exposure to the public.

13. Blasting shall occur between 9AM and 8PM Tuesday thru Saturday unless directed by the State Fire Marshal, the Nashville Fire Department, or authorities having jurisdiction for pedestrian safety, traffic safety, and/or the general welfare of the public. Primary shot time will be immediately following implementing safety protocols early in the morning to limit exposure to the public.

14. During other construction activities specifically not listed, care shall be taken, when reasonably possible, to limit the impact on surrounding properties.

~~15. Patrons utilizing the hotel’s exterior pool amenity area shall not produce excessive noise levels past 9 PM.~~

15. Patrons utilizing the hotel’s exterior pool amenity area shall not produce excessive noise above 70 Db levels past 9 PM.

16. If the project developer cannot secure off-site parking during construction, then the developer will provide parking at another location and provide a carpool service during construction of the underground parking structure. Once the underground parking structure is complete, all parking will be located within the parking structure.

17. Parcel area shall mean the horizontal area included within the boundary lines of the parcel prior to the dedication of right-of-way and shall be quantitatively defined as noted on the SP Plan (Case # 2017SP-020-001) (+/-0.49 acres or 21,344.4 square feet).

Section 5. 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 6. 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 31st Avenue and Long Boulevard Urban Design Overlay and ORI zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

Section 7. 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 6, 2017
Passed First Reading:	July 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (7-0) Planning, Zoning, & Historical Committee
Deferred to September 5, 2017:	August 1, 2017
Deferred to October 3, 2017:	September 5, 2017
Public Hearing Scheduled For:	October 3, 2017
Passed Second Reading:	October 3, 2017 - Roll Call Vote
Deferred to November 7, 2017:	October 3, 2017
Deferred:	November 7, 2017
Deferred:	November 21, 2017
Substitute Introduced:	December 5, 2017
Passed Third Reading:	December 5, 2017
Approved:	December 6, 2017
By:
Effective:	December 8, 2017