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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 R6, MUL-A-NS, and IWD to SP zoning for various properties located south of Hart Street along 1st Avenue South, 2nd Avenue South, and Andrew T Whitmore Street, located at the corner of 1st Avenue South and Hart Street (5.79 acres), and partially within the Wedgewood Houston Chestnut Hill Urban Design Overlay, to permit a mixed use development, all of which is described herein (Proposal No. 2025SP-037-001).
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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 R6, MUL-A-NS, and IWD to SP zoning for various properties located south of Hart Street along 1st Avenue South, 2nd Avenue South, and Andrew T Whitmore Street, located at the corner of 1st Avenue South and Hart Street (5.79 acres), and partially within the Wedgewood Houston Chestnut Hill Urban Design Overlay, to permit a mixed use development, being Property Parcel Nos. 045-048, 066, 070, 077-084, 087-093, 095-105 and 288 as designated on Map 105-08 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 105-08 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 400 multi-family residential units, including a maximum of 15 live/work units. Short term rental property, owner occupied and short term rental property, not-owner occupied shall be prohibited.
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 live/work definition and standards to reflect the home occupation standards of the Metro Zoning Code.
2. On the corrected copy, update the permitted uses in the site data to reflect the permitted use condition. Remove all other uses.
3. On the corrected copy, replace all building height measurement notes to be the following: Building height shall be measured from the average elevation (4 most exterior corners) to the midpoint of the primary roof pitch or to the top of the parapet for a flat roof.
4. On the corrected copy, remove all references to MUG-A and replace with MUL-A.
5. On the corrected copy add the following note: All mechanical units shall be screened from the right-of-way by landscaping or an enclosure, or a combination of both. Screening details are to be submitted with the final site plan.
6. Prior to submittal of the final SP, applicant shall work with Planning and Metro Historic Zoning Commission staff on incorporation of the Steinhouse Supply Company Building exterior walls into the development, as shown on the preliminary plan. Final design to be determined with review of the final SP.
7. Prior to submittal of the final SP, applicant shall work with Planning and NDOT on sidewalk design and streetscape elements to meet the MCSP requirements along 2nd Avenue South. Modifications needed due to physical constraints must be reviewed and agreed upon by Planning and NDOT at the final site plan. The final cross section and alignment will be reviewed further at final SP for a final determination. Adjustments to the building footprint may be required. With final site plan, corrected copy to reflect final determinations.
8. All above ground structured parking shall be designed to be harmonious with the other facades of the structure. This shall be accomplished by using appropriate cladding, using complementary materials, carrying fenestration and design patterns through the façade, and any other design practices that can meet the overall goal of minimizing the visual impact of the parking. Final details to be reviewed by staff with the final SP.
9. All off-street surface parking lots shall be screened from public streets and alleys by a combination of landscaping and a knee wall with a minimum height of 2.5 feet.
10. 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.
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 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. A final plat may be required prior to permitting.
15. No master permit or HPR shall be recorded on the property prior to final site plan approval.
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 for portions of the site located within Subdistricts 4D and 6B of the Wedgewood-Houston Chestnut Hill Supplemental Policy and RM20-A-NS zoning district for portions of the site located within Subdistrict 3A of the Wedgewood-Houston Chestnut Hill Supplemental Policy. 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.