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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 R10 and RM9 to SP zoning for properties located at 605 Stewarts Ferry Pike and Stewarts Ferry Pike (unnumbered), at the northwest corner of Stewarts Ferry Pike and Lauer Drive (22.31 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2024SP-011-001).
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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 R10 and RM9 to SP zoning for properties located at 605 Stewarts Ferry Pike and Stewarts Ferry Pike (unnumbered), at the northwest corner of Stewarts Ferry Pike and Lauer Drive (22.31 acres), to permit a mixed use development, being Property Parcel Nos. 005.02 and 005 as designated on Map 096 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 one 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 096 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 as follows: Zone 1 is limited to a maximum 10,000 square feet of uses permitted by MUL and a hotel with a maximum of 150 rooms. Zone 2 is limited to a maximum of 280 multi-family residential units. Short Term Rental Property (STRP), owner occupied and not owner-occupied, shall be prohibited from 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, the permitted uses line in the table on page 6 shall be limited to the uses as outline in the use condition.
2. On the corrected copy, update Zone 1 side and rear setbacks to be 5 feet.
3. The maximum height in Zone 2 shall be limited to 4 stories in 60 feet and the maximum height in Zone 1 shall be limited to 5 stories in 75 feet. The 5 story in 75 feet height maximum is limited to the designated area shown on the preliminary plan and contingent upon the building being set back 100 feet from the eastern property.
4. On the corrected copy, replace the following text under Note 1 on Page 6, “Overall Building Height in feet shall not exceed 75 feet” with “Overall Building Height shall not exceed the heights as identified in the table above”.
5. On the corrected copy, replace the language in Note 5 on Page 6 with the language in Note 6d on Page 7.
6. On the corrected copy, update the Zone 1 and Zone 2 boundaries to be outside of the Conservation Area on page 6.
7. With the final site plan, a continuous internal sidewalk providing connections from building entrances to sidewalks along private street and to public rights-of-way shall be provided. Internal sidewalk connectivity shall be reviewed with the final site plan.
8. With the final site plan, the MCSP requirement shall be met along the Stewarts Ferry Pike frontage for right-of-way dedication and associated streetscape improvements. The final site plan shall also show the required 25’ half right-of-way dedication and associated streetscape improvements for Lauer Drive.
9. Comply with all conditions and requirements of Metro Reviewing Agencies.
10. The final site plan shall depict any 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.
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.
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 Property Owners’ Association.
13. No master permit/HPR shall be recorded prior to final SP approval.
14. Final plat may be required prior to permitting.
15. 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 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 zoning district in Zone 1 and the RM20 zoning district in Zone 2 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.