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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 from RS10 to SP zoning for property located at Hobson Pike (unnumbered), approximately 460 feet northeast of Hamilton Church Road, (5.94 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2021SP-057-001).
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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 from RS10 to SP zoning for property located at Hobson Pike (unnumbered), approximately 460 feet northeast of Hamilton Church Road, (5.94 acres), to permit a mixed-use development, being Property Parcel No. 295 as designated on Map 164 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 attached plan, which was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and the Metropolitan Clerk’s department, and which is attached to 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 164 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 52 multi-family residential units and all uses of CN with the exception of Beer and Cigarette Market and Bar or Nightclub uses, which shall be prohibited. Short term rental property, owner occupied and short term rental property, not owner occupied, shall be prohibited within the entire development.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, updated the purpose note to reflect the Permitted Uses condition.
2. On the corrected copy, remove “Retail will not include Bar, Nightclub, Beer and Cigarette Market uses in the SP. All other uses compliant with the CN zone will be permitted” on the cover sheet and replace with, “Non-residential uses shall be limited to all uses of CN with the exception of Beer and Cigarette Market and Bar or Nightclub, which shall be prohibited.”
3. On the corrected copy, remove “52 single-family attached homes” on Sheet C1 and replace with “52 multi-family residential units”.
4. On the corrected copy, remove the Residential Units Note on the cover sheet.
5. On the corrected copy, add a note on the cover sheet: Glazing for non-residential buildings along street facing facades shall be a minimum of 20 percent.
6. On the corrected copy, add a note to the cover sheet: Landscaping and tree density requirements per Metro Zoning Ordinance.
7. On the corrected copy, remove the tree protection detail on Sheet L1 and replace with the Tree Protection Zone detail per 17.28.065.D.
8. On the corrected copy, update the landscape plan (sheet L1) to identify the C-3 landscape buffer yard along the side and rear yards of the residential portion instead of a B-3 buffer yard, to be consistent with the buffer yards shown on the site plan (sheet C1). Final design of landscape buffer details to be evaluated by staff with the landscape plan included with the final SP.
9. The final site plan shall meet the requirements of the Major and Collector Street Plan along Hobson Pike. Right-of-way dedication areas and road improvement details shall be identified on the final site plan consistent with the MCSP requirements.
10. With the final site plan, provide architectural elevations complying with all architectural standards outlined on the preliminary SP for review and approval.
11. Comply with all conditions and requirements of Metro Reviewing Agencies.
12. 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.
13. The final site plan shall label all internal driveways as “Private Driveways.” A note shall be added to the final site plan that the driveways shall be maintained by the Property Owners’ Association.
14. No master permit/HPR shall be recorded prior to final SP approval.
15. Final plat may be required prior to permitting.
16. 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.
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 RM20 zoning district for the residential portion of the plan and the CN zoning district for the non-residential portion of the plan 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.