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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 amending a Specific Plan for various properties generally located west of Gallatin Avenue, east of Emmett Avenue, south of McClurkan Avenue, and north of Douglas Avenue, zoned SP, and changing the zoning on properties from RS5, CS, and OR20 to SP (19.09 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2022SP-075-002).
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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 amending a Specific Plan for various properties generally located west of Gallatin Avenue, east of Emmett Avenue, south of McClurkan Avenue, and north of Douglas Avenue, zoned SP, and changing the zoning on properties from RS5, CS, and OR20 to SP (19.09 acres), to permit a mixed-use development, being Property Parcel Nos. 083, 187-190, 195, 196, 198, 199, 201, 226, 228-230, 232, 235-237, 366-369, 372, 376, 377, 380-382, 439 and 473 as designated on Map 072-13 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, 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 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 072-13 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 950 multi-family residential units, 350,000 square feet of non-residential land uses as defined on the plan, and a 99 key hotel. Short term rental properties, owner occupied and short term rental properties, not-owner occupied shall be prohibited in the entirety of the SP.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The right in/right out is not approved at this time. As Metro does not have conceptual design for the Gallatin All-Access Corridor, the applicant with submittal of their final site plan, shall work with Planning, NDOT, WeGo, and Choose How You Move teams to review and analyze their plans to make a final determination as to the appropriateness of the entrance. If not approved on Gallatin Pike, access on McClurkan Avenue may be permitted subject to Planning and NDOT approval with the final site plan.
2. On the corrected copy, replace architectural standard 9 and the bullet point associated with the following language: “Building facades shall be constructed of brick, brick veneer, stone, cast stone, cementitious siding, glass, or materials substantially similar in form and function, unless otherwise approved on detailed building elevations included with the preliminary SP.”
3. On the corrected copy, update the prohibited uses in the Residential District in accordance with the use condition above.
4. On the corrected copy, remove the last bullet point note 2 in Architectural Standards.
5. On the corrected copy, replace note 14 under Architectural Standards with the following, “Parking decks located at street level shall have no less than seventy-five percent of the lineal street frontage devoted to non-residential or residential uses at a minimum depth of twenty feet or shall complement the architectural character of the primary structure. Any portion of parking garage facade above street level that is visible and facing a public street shall also complement the architectural character of the primary structure. This may be accomplished through one or a combination of the following design strategies: vertical and/or horizontal articulation, opening design and rhythm, architectural cladding, screening, materiality, color or art/mural.”
6. With the first final site plan, provide a plan for the relocation of the Renraw House that includes the timing of the proposed relocation in relation to the other elements of the project, including when Historic Landmark Zoning Overlay status will be requested.
7. Ground floor space along Gallatin Pike should be primarily comprised of active uses including but not limited to retail, restaurant, and other commercial uses, and in limited instances residential units with access to Gallatin Pike. Back of house functions should not be located along Gallatin Pike.
8. Live-work units shall comply with the home occupation standards per 17.16.250.D of the Metro Code.
9. Areas shown as open space will need to remain as useable open spaces, not to serve as stormwater features. Below grade stormwater features may be permitted in areas shown as open space.
10. The approval of this plan does not approve any right-of-way abandonment. Continue to coordinate with Planning and NDOT on any proposed abandonments to right-of-way. Prior to final plat, mandatory referrals may be required.
11. 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. The Active Use Diagram and Circulation Diagram are conceptual. All requirements for active uses, pedestrian entrances, and sidewalks shall be met with final site plan submittal.
12. 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 Homeowner’s Association.
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.
14. Comply with all conditions and requirements of Metro reviewing agencies.
15. No master permit/HPR shall be recorded prior to final SP approval.
16. Final plat may be required prior to permitting.
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 Mixed Use District of the property shall be subject to the standards, regulations and requirements of the MUG-A zoning district and the Residential District of the property shall be subject to the standards, regulations and requirements of the R6-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.