File #: BL2024-543    Name:
Type: Bill (Ordinance) Status: Passed
File created: 8/23/2024 In control: Planning and Zoning Committee
On agenda: 10/15/2024 Final action: 10/15/2024
Title: 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 IWD and R10 to SP zoning for property located at 525 Basswood Ave. and a portion of property located at 517 Basswood Ave., at the southwest corner of Robertson Ave. and Basswood Ave., (30.2 acres), to permit a mixed-use development, , all of which is described herein (Proposal No. 2024SP-002-001).
Sponsors: Rollin Horton
Attachments: 1. 2024SP-002-001_sketch_bw, 2. 2024SP-002-001_plan_bw

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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 IWD and R10 to SP zoning for property located at 525 Basswood Ave. and a portion of property located at 517 Basswood Ave., at the southwest corner of Robertson Ave. and Basswood Ave., (30.2 acres), to permit a mixed-use development, , all of which is described herein (Proposal No. 2024SP-002-001).

 

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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 IWD and R10 to SP zoning for property located at 525 Basswood Ave. and a portion of property located at 517 Basswood Ave., at the southwest corner of Robertson Ave. and Basswood Ave., (30.2 acres), to permit a mixed-use development, being Property Parcel No. 186 as designated on Map 090-08 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 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 090-08 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 as follows:

                     Block 1 shall be limited to all uses permitted in MUL-A and the following additional uses: mobile vendor, vehicle sales and service limited (restricted to boats and boating appurtenances), equipment storage, boat dock, water taxi station, liquor sales, nanobrewery, artisan distillery, small outdoor music event.

                     Block 2 shall be limited to all uses permitted in MUL-A and the following additional uses; boat slips, boat storage, vehicle sales and service limited (restricted to boats and boating appurtenances), fuel storage and sales, water taxi station, boat dock, country club, mobile vendor.

                     Block 3 shall be limited to all uses permitted in MUN-A and the following additional uses: mobile vendor, boat storage, vehicle sales and service limited (restricted to boats and boating appurtenances), country club, commercial amusement (outside), nanobrewery. Short term rental property, owner occupied, and not owner occupied, shall be prohibited in Block 3.

                     Block 4 shall be limited to all uses permitted in MUL-A and the following additional uses: boat storage, country club, vehicle sales and service limited (restricted to boats and boating appurtenances), equipment storage, mobile vendor, water taxi station. Short term rental property, owner occupied, and not owner occupied, shall be prohibited in Block 4.

                     Block 5 shall be limited to all uses permitted in MUL-A and the following additional uses: boat storage, equipment storage, mobile vendor, vehicle sales and service limited (restricted to boats and boating appurtenances), water taxi station.

                     The following uses are prohibited in the entire development: alternative financial services, auction house, car wash, donation center (drop off), funeral home, distributive business (wholesale), and warehouse.

                     Short term rental uses are limited to Blocks 1, 2, & 5 and are limited to 25% of the residential units in 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 set, update all references to permitted and prohibited uses as outlined in the use condition.

2.                     On the corrected set, update all land use policy references on Sheet 01.

3.                     A buffer consistent with the Supplemental Policy shall be provided along Robertson Avenue to be reviewed at final site plan.

4.                     On the corrected set, update Landscape Standards Note # 3 to say: A 20’ wide buffer shall be provided along the rear property line of the residential properties fronting Basswood. Existing vegetation shall be preserved to the greatest extent possible and shall be supplemented with a C-3 Landscape Buffer Yard in areas where trees are removed due to damage. 

5.                     On the corrected set, update Note 3 under Block 4 standards on Sheet 01 as follows: Boat Storage to be a minimum of 50’ in distance from the shared property line with parcels 090110D90000CO, 090110E90000CO, 090110F90000CO.

6.                     On the corrected set, updated Note 6 under Architectural Design Standards on Sheet 02 as follows: Glazing on the 1st floor of any façade fronting public streets or open space shall be a minimum of 30% of non-residential and a minimum of 20% for residential uses. Glazing on upper floors of any facades fronting public streets or open space shall be a minimum of 20%.

7.                     On the corrected set, move Note 8 under Architectural Design Standards on Sheet 02 to the Landscape Standards section of the same sheet.

8.                     On the corrected set, delete the following notes on Sheet 01: Note 1 under Block 1; Note 4 under Block 3; Note 5 under Block 3.

9.                     On the corrected set, update Note 1 under General Standards on Sheet 02 as follows: Structured parking or surface parking is permitted at the intersection of Basswood Avenue and Robertson within the build-to-zone.

10.                     On the corrected set, add the following note under General Standards on Sheet 02: For any surface parking visible along Basswood Avenue, additional landscaping shall be provided to buffer the view of the parking.

11.                     On the corrected set, add the following note under General Standards on Sheet 02: Structured parking located within the build to zone along Basswood Avenue or oriented toward the marina shall be lined with active uses. If structured parking is utilized, no liner or architectural screening is required for the Robertson Avenue side of the structure; however, any parking structure visible from Basswood Avenue that is not required to be lined with active uses shall include architectural screening.

12.                     On the corrected set, update Note 2 under General Standards on Sheet 02: For Blocks 4 and 5, overall height to be measured from the base flood elevation (BFE) to the midpoint of the primary roof pitch or top of parapet for a flat roof.

13.                     On the corrected set, update the maximum height in the bulk standards under Block 4 and Block 5 on Sheet 01: “…above base flood elevation”. On the corrected set, add the following note under General Standards on Sheet 02: For buildings in Blocks 1, 2, and 3, story is defined per the Story definition in the Metro Zoning Code. Any covered rooftop amenities will be considered a story.

14.                     On the corrected set, delete Note 1 under NDOT notes on Sheet 02 and replace with the following: Sidewalks shall be provided along Basswood Avenue with the final cross section to be determined in consultation with NDOT and Planning at final SP.

15.                     On the corrected set, update Note 3 under General Standards on Sheet 02: Parking shall not exceed the maximum limits of the UZO.

16.                     On the corrected set, remove Note 5 and Note 6 under General Standards on Sheet 02. Any mandatory referrals required for signage encroachments shall require approval by Metro Council prior to issuance of final site plan.

17.                     No signage is approved with the preliminary SP plan. Details for the proposed signage located at the entrance of the marina at the Cumberland River shall be provided during final SP review. All other signage shall be reviewed per the fallback zoning at building permit.

18.                     Comply with all conditions and requirements of Metro reviewing agencies. 

19.                     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.  In addition to the correct copy for this amendment, provide an inclusive copy for the entire SP, reflective of all amendments to date.

20.                     No master permit/HPR shall be recorded prior to final SP approval.

21.                     Final plat may be required prior to permitting.

22.                     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

23.                     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.

24.                     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. 

25.                     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.

 

Section7.                      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 zoning district as of the date of the applicable request or application.  Uses are limited as described in 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.