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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 a Specific Plan on properties located at 515 and 516 Foster Street, approximately 280 feet east of the intersection of Lischey Ave. and Foster Street, zoned SP (9.51 acres), to increase the number of hotel rooms and to adjust the square footage permitted for commercial and office uses, all of which is described herein (Proposal No. 2020SP-021-003).
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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 a Specific Plan on properties located at 515 and 516 Foster Street, approximately 280 feet east of the intersection of Lischey Ave. and Foster Street, zoned SP (9.51 acres), to increase the number of hotel rooms and to adjust the square footage permitted for commercial and office uses, being Property Parcel Nos. 083, 085 as designated on Map 082-11 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 082-11 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 490 multi-family units, 160 hotel rooms, 72,610 square feet of office space, and 72,465 square feet of mixed use commercial space. Non-residential land uses shall be limited to a maximum of 250,000 square feet. The permitted commercial and office uses for this project are identified on the plans. Short term rental property - owner occupied and short term rental property - not owner occupied shall be prohibited in the entire development.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. All conditions of BL2020-446 shall apply unless specifically modified by the plans or conditions associated with this application.
2. A corrected plan set shall be provided to the Planning Department prior to a final site plan application being made that cleans up the Land Use table to remove the deleted land uses and the non-permitted unchanged land uses.
3. Comply with all conditions and requirements of Metro reviewing agencies.
4. 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
5. The Preliminary SP plan is the site plan and associated documents. Remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
6. 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 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 MUG-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
Section 8. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 9. This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.