ORDINANCE NO. BL2017-825

ORDINANCE BL2017-825

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 CL and RS10 to SP zoning on properties located at 119, 121, 125 and 135 Donelson Pike, east of the terminus of Bluefield Avenue (6.39 acres) to permit 208 multi-family units and commercial space, all of which is described herein (Proposal No. 2017SP-033-001).

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 CL and RS10 to SP zoning on properties located at 119, 121, 125 and 135 Donelson Pike, east of the terminus of Bluefield Avenue (6.39 acres) to permit 208 multi-family units and commercial space, being Property Parcel Nos. 095, 096, and 099 as designated on Map 096-05 and Property Parcel No. 137 as designated on Map 096-01 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 096 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 in the MUL-A zoning district for the building immediately adjacent to Donelson Pike and a maximum of 208 multi-family residential units for the two buildings in the center and rear of the site. Use of the property immediately adjacent to Donelson Pike at the north end of the site (approximately 0.27 acres) shall be limited to a secondary, emergency-only access drive and park or open space uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. With submittal of the final site plan, all sheets in the plan set shall be revised to match the layout depicted on the Site Layout Plan, sheet C1.0.
2. The park/open space proposed for the northern portion of the site immediately adjacent to Donelson Pike shall incorporate a minimum of one amenity appropriate for a pocket park including, but not limited to, a playground, sport court, picnic shelter or gazebo, fountain, loop trail with benches, or other gateway element. The amenity shall be specified with the final site plan.
3. Any wall or fencing proposed to define the edge of the park/open space at the street shall be located behind the sidewalk and planting strip provided along Donelson Pike. Any solid wall shall be no less than 24 inches and no more than 36 inches in height and shall be constructed of concrete, stone, split-faced masonry or similar materials. Fencing may be up to 48 inches in height provided the fencing is a minimum of 30% transparent. Chain link fencing shall be prohibited.
4. A minimum of one pedestrian connection in the form of a sidewalk or multi-use path shall be provided from the multi-family residential dwellings and parking at the center and rear of the site to Donelson Pike through the northern portion of the site. The pedestrian connection may be coincident with the emergency access drive, provided that pavers, landscaping or other treatments are used to enhance the pedestrian environment. The final alignment, design and materials for the connection shall be specified on the final site plan.
5. A note shall be added to the final site plan that the park/open space shall be maintained by the homeowner’s association, property management group, or other entity responsible for the maintenance of common areas and amenities within the development. If, prior to submittal of a final site plan, the applicant reaches agreement with Metro Parks, a land trust, or other entity qualified to own and/or maintain open space for the benefit of the public, modifications to the note necessary to reflect the agreed upon arrangement may be approved by the Planning Commission or its designee.
6. To ensure that Donelson Pike is addressed as the principle frontage, the following architectural standards shall apply to mixed-use or commercial buildings with frontage on Donelson Pike:
• A minimum of one entrance shall be provided on the façade fronting Donelson Pike or at the corner of the building addressing both Donelson Pike and the access drive. The entrance shall be connected to the sidewalk along the Donelson Pike frontage.
• A minimum of 40% glazing shall be required on the façade fronting Donelson Pike.
• The ground floor of the mixed use or commercial buildings with frontage on Donelson Pike shall have a minimum floor to ceiling height of 14 feet.
• Primary façade materials shall not change at outside corners and shall wrap all sides of the building fronting a public street or private drive.
• Revise the standard addressing wall planes along Donelson to read as follows: Long, uninterrupted wall planes along Donelson Pike shall be avoided through the incorporation of articulations or alternating building materials.
7. Articulations or alternating building materials shall be incorporated into the buildings to avoid long uninterrupted wall planes. The western façade of the four-story building should be treated as a principle frontage.
8. A minimum 12-foot landscape buffer yard that may incorporate the proposed retaining walls shall be provided along all portions of the southern property boundary adjacent to Map 096-05, Parcels 104-113, depicted on the plan as Lots 9-18, Colonial Village. A detailed landscaping plan including retaining wall height, materials, and plantings shall be provided with final site plan submittal.
9. A 10-foot landscape buffer yard or a 5-foot landscape buffer yard with an opaque fence or masonry wall shall be provided along the eastern property boundary. A detailed landscaping plan including fence or wall height, materials, and plantings shall be provided with final site plan submittal.
10. With the Final Site Plan, the applicant shall depict a cross-access easement on Parcel 099 that provides access to Parcels 097, 098, and 138 should those properties redevelop. As the future development pattern of the intervening parcels is unknown, the easement should be identified as a zone within which an access easement can be located, with the final easement to be recorded at the time of site plan or building permit for development on Parcels 097, 098, or 138.
11. A secondary, emergency-only access drive shall be provided at the northern end of the project site from Donelson Pike to the multi-family residential buildings and parking in the rear of the site. The access shall be closed to regular vehicular traffic with bollards, a gate, or other physical barrier. Prior to submittal of a Final SP, the applicant shall coordinate with the Fire Marshal’s Office, Public Works and Planning regarding an acceptable design for this access and gate. The access drive alignment, gate or barrier, and materials shall be specified on the final site plan.
12. Prior to approval of a final SP, the applicant shall submit contribution in-lieu of construction to the Planning Department for the linear feet of frontage (296.51 linear feet) associated with the three intervening parcels to Pedestrian Benefit Zone 2-B. The rate of payment shall be as currently set by the Department of Public Works.
13. Elevations consistent with the architectural standards and conceptual elevations in the Preliminary SP shall be provided with the submittal of the Final Site plan.
14. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.

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.

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 6, 2017
Passed First Reading:	July 6, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (5-0-1) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	August 1, 2017
Passed Second Reading:	August 1, 2017
Passed Third Reading:	August 15, 2017
Approved:	August 16, 2017
By:
Effective:	August 18, 2017