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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 IR to SP zoning for properties located at 1212, 1300, 1302, 1304 Herman Street and Herman Street (unnumbered), and a portion of 907 12th Avenue North, at the northwest corner of Herman Street and 12th Avenue North (1.79 acres), to permit up to 250 multi-family residential units, all of which is described herein (Proposal No. 2021SP-039-001).
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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 IR to SP zoning for properties located at 1212, 1300, 1302, 1304 Herman Street and Herman Street (unnumbered), and a portion of 907 12th Avenue North, at the northwest corner of Herman Street and 12th Avenue North (1.79 acres), to permit up to 250 multi-family residential units, requested by Smith Gee Studio, applicant; Nashville Tent & Awning Co., owner., being Property Parcel Nos. 187, 188, 189, 190, 191, 192 as designated on Map 092-04 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 092 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 a maximum of 250 multi-family residential units. Owner occupied and not owner occupied short term rentals shall be prohibited.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Update the permitted uses note as follows: 250 multi-family residential units. Owner occupied and not owner occupied short term rentals shall be prohibited.
2. Update the Maximum building height note as follows: Max. Building Height: 5 stories within 75 feet. No stepback required.
3. Vehicular access or curb cuts shall not be permitted along Herman Street.
4. Prior to final site plan approval, it shall be determined if it is feasible to extend the new sidewalk along Herman Street west to the existing sidewalk at the corner of Herman Street and 14th Avenue North. The design of any sidewalk may be flexible, to be determined in coordination with Planning and Public Works.
5. Comply with all conditions and requirements of Metro reviewing agencies.
6. 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.
7. The development shall provide adequate access that meets the requirements of the Fire Marshal’s Office and Department of Public Works.
8. Note 4 under “Architectural Standards” shall be deleted.
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 RM40-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
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.