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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 AR2A to SP zoning for properties located at 5960 and 5966 Nolensville Pike, at the current terminus of Foxview Drive (8.09 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2024SP-051-001).
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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 AR2A to SP zoning for properties located at 5960 and 5966 Nolensville Pike, at the current terminus of Foxview Drive (8.09 acres), to permit a mixed use development, being Property Parcel Nos. 084-085 as designed on Map 172 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 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 172 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 33,750 square feet of commercial amusement (inside), 7,800 square feet of general office, and 3,800 square feet of combined retail and restaurant uses. The following uses shall be prohibited: commercial amusement (outside), short term rental properties, owner occupied and short term rental properties, not-owner occupied, automotive sales, beer and cigarette market, and car wash.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, update the uses on the plan to reflect the approved permitted uses.
2. On the corrected copy, remove the standards of Building D and replace with the following: (6) 625 square foot accessory storage and staging buildings. No living space or overnight guests shall be permitted.
3. On the corrected copy, provide a minimum 20-foot Type C buffer along the southern property line, outside of emergency access connection. Existing tree canopy that is retained with the Type C buffer areas along the northern and southern property lines may count towards buffer requirements. Any preserved trees utilized for buffer requirements shall have tree protection measures consistent with the requirements of the Metro Zoning Code
4. With the submittal of the final site plan, a tree preservation survey shall be provided, and the applicant shall make efforts to retain existing trees along the northern and southern property boundaries and in areas on the eastern portion of the site, outside of the development footprint.
5. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards and conceptual elevations outlined on the preliminary SP for review and approval.
6. Building heights shall be limited to 2 stories and 35 feet. No rooftop amenity spaces are permitted.
7. With the final site plan, the proposed path on the eastern portion of the site shall be reviewed by staff in more detail. Changes may be needed to minimize disturbance to sensitive features and existing tree canopy.
8. Comply with all conditions and requirements of Metro reviewing agencies.
9. No master permit/HPR shall be recorded prior to final SP approval.
10. Final plat may be required prior to permitting.
11. The final site plan shall depict the required public sidewalks, any required grass strip or frontage zone and the location of all existing and proposed vertical obstructions within the required sidewalk and grass strip or frontage zone. Prior to the issuance of use and occupancy permits, existing vertical obstructions shall be relocated outside of the required sidewalk. Vertical obstructions are only permitted within the required grass strip or frontage zone.
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 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 MUL-A-NS 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.