ORDINANCE NO. BL2008-190
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 OR20 and MUL to SP-MU zoning for the H2O development located at 6950 Charlotte Pike and Cabot Drive (unnumbered), extending from Charlotte Pike to the Cumberland River (23.93 acres), to permit an urban waterfront district consisting of a mixed-use development containing retail, office, residential, hotel, boathouses, and various civic spaces with associated parking structures, garages and lots, all of which is described herein (Proposal No. 2008SP-006U-06).
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 OR20 and MUL to SP-MU zoning for the H2O development located at 6950 Charlotte Pike and Cabot Drive (unnumbered), extending from Charlotte Pike to the Cumberland River (23.93 acres), to permit an urban waterfront district consisting of a mixed-use development containing retail, office, residential, hotel rooms, boathouses, and various civic spaces with associated parking structures, garages and lots, as being Property Parcel Nos. 017, 088 as designated on Map 102-00 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 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 Sheet No. 102 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 a corrected copy of the preliminary SP plan incorporating the
conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 4. Be it further enacted, that 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 in the plan that is part of this ordinance.
Section 5. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the MUI zoning district as of the date of the applicable request or application.
Section 6. 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.
Sponsored by: Bo Mitchell
Amendment No. 1
Ordinance No. BL2008-190
I move to amend Ordinance No. BL2008-190 by adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted that, the following conditions be completed, bonded or satisfied prior to the issuance of any permits, or as otherwise specifically required in the condition:
1. Uses are limited to all uses permitted in the MUI zoning district unless otherwise provided in Table 10 on page A.18 of the regulating plan.
2. Building shall have articulation at intervals of a minimum of every 75 feet in length.
3. Primary access to the development shall be via the 50 foot easement across 6962 Charlotte Pike.
4. A greenway/conservation easement shall be provided at the time of the subdivision of the property.
5. The sign standards shall meet the following:
• Definitions for each permitted sign type shall be provided.
• A size limit of 100 square feet shall apply to all signs.
• All roof signs and any signs that extend above the roof line shall be prohibited.
• A height and/or square footage limitation for display area of these sandwich signs shall be provided
• Signs with exceptional design that do not meeting the sign standards shall be considered on a case-by-case by the Planning Commission.
6. Prior to final site plan approval of any phase that requires filling of the floodplain, the applicant shall secure the necessary variance for uncompensated fill. Council approval shall be required if meeting the requirements of the Metro Stormwater Management Manual means the plan layout cannot be built as approved.
7. Prior to final site plan approval of any phase that falls within the Corp of Engineer or TDEC jurisdiction, the applicant shall secure the necessary approvals from these agencies. Council approval shall be required if meeting the requirements of the Corp of Engineers or TDEC means the plan layout cannot be built as approved.
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. Council approval shall be required if meeting the requirements of the Fire Marshal means the plan layout cannot be built as approved.
9. Revisions to the Architectural Standards shall be reviewed and approved by Planning Staff.
10. Prior to final site plan approval, the applicant shall work out differences between Public Works Department and the plan for street cross sections including widths, corner return radii at intersections, parking and pervious pavement for all streets required under the code. Council approval shall be required if meeting the requirements of Public Works means that plan layout cannot be built as approved.
11. Prior to final site plan approval, provide the Public Works Department with a plan for solid waste disposal and recycling collection.
12. The phasing plans in the SP and the Traffic Impact Study dated April 2008 shall be modified to match. The Phasing Plan shall be included in the regulatory document of the plan. Minor revisions to the Phasing Plan may be approved administratively.
13. No access to Cabot Drive from the proposed development shall be permitted prior to the realignment of Cabot Drive.
14. Only one access point, located a minimum of 300 feet from Charlotte Pike, shall be permitted onto Cabot Drive.
15. The requirements for off-site roadway improvements shall be completed with each development phase.”
Sponsored by: Bo Mitchell
|Introduced:||April 1, 2008|
|Passed First Reading:||April 1, 2008|
Commission - Approved 10-0
(April 24, 2008)
Planning & Zoning Committee
|Passed Second Reading:||May 6, 2008|
|Amended:||May 20, 2008|
|Passed Third Reading:||May 20, 2008|
|Approved:||May 29, 2008|
|Effective:||June 2, 2008|