ORDINANCE NO. BL2009-521
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 to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 sq. ft. of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001).
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 to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 sq. ft. of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, as being Property Parcel No. 010 as designated on Map 083-10 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. 083 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 residential, financial institution, general office, medical office, personal care service and retail.
Section 4. Be it further enacted that, a final corrected copy of the amended 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. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. If a final 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 final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 5. 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 6. 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 MUG zoning district as of the date of the applicable request or application.
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.
Sponsored by: Mike Jameson
Amendment No. 1
Ordinance No. BL2009-521
I move to amend Ordinance No. BL2009-521 as follows:
I. By substituting the SP plan referenced in Section 1 with the new SP plan dated October 16, 2009, which is on file with the Metropolitan Planning Department.
II. By adding the following provision at the end of Section 4:
“The amended SP plan shall be consistent with the rendering attached hereto and incorporated herein as Exhibit A.”
III. By renumbering the existing Section 7 as Section 8, and adding the following new Section 7:
“Section 7. Notwithstanding any other provisions of this ordinance or the SP Plan to the contrary, the following conditions shall be applicable to the development approved herein:
1. No alcoholic beverage sales or service shall be permitted on the premises.
2. The hours of operation of the retail use shall be restricted to 8:00 a.m. until 8:00 p.m.
3. Indoor signs shall be illuminated only during the hours of operation.
4. Commercial uses shall be limited to office, personal care services, retail, and financial establishments. No check cashing or cash advance establishments shall be permitted on the premises.
5. All lighting shall be directed toward the interior of the property. No lighting measuring one-quarter foot candle or greater shall be visible beyond the property line.”
Sponsored by: Mike Jameson
|Introduced:||August 6, 2009|
|Passed First Reading:||August 6, 2009|
Planning & Zoning Committee
|Passed Second Reading:||September 1, 2009|
|Deferred to October 20, 2009:||September 15, 2009|
|Amended:||October 20, 2009|
|Passed Third Reading:||October 20, 2009|
|Approved:||October 23, 2009|
|Effective:||November 2, 2009|