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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 RS15 to SP zoning for properties located at 3139, 3145, 3163, 3165 Brandau Road, Brandau Road (unnumbered) and a portion of 3087 Brandau Road, approximately 1,528 feet northeast of Hoggett Ford Road (47.08 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2026SP-016-001).
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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 RS15 to SP zoning for properties located at 3139, 3145, 3163, 3165 Brandau Road, Brandau Road (unnumbered) and a portion of 3087 Brandau Road, approximately 1,528 feet northeast of Hoggett Ford Road (47.08 acres), to permit a mixed use development, being a portion of Property Parcel No. 027 as designated on Map 085 and Property Parcel Nos. 125, 220, 230, 242 and 767 as designated on Map 086 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 085 and Map 086 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 all uses per the CA zoning district, except for added and prohibited uses as specified in the plan.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The development shall be limited to a maximum FAR of 0.1 and 120,000 square feet of building floor area.
2. Prior to the U/O of any use permits, a Type B Landscape Buffer Yard with a 6-foot-tall masonry wall shall be constructed along the property line abutting the Magnolia Farms subdivision to the south.
3. A final site plan shall be submitted to Planning if buildings are expanded, a new use is constructed, or if a new access point is added or an existing access is widened.
4. The following case number is added to the plans: 2026SP-016-001.
5. The existing purpose note is deleted and the following purpose note is substituted on Sheet 1: “The purpose of this Preliminary SP is approval for 120,000 square feet of residential and nonresidential uses as specified in the plan below.”
6. The existing “Allowable Uses (Intent)” section on Sheet 1 is deleted and replaced with the following to align with current classified zoning code uses: “This SP shall allow all uses under CA (Commercial Attraction) except: Day Care Center (Up to 75), Day Care-Parent’s day out, Business School, Vocational School, Alternative Financial Services, Financial Institution, Outpatient Clinic, Automotive Convenience, Automotive Sales new, Automotive Sales used, Automotive Services, Beer/Cigarette Market, Car Wash, Mobile Storage Unit, and Donation Center Crop Off, which shall be prohibited. The SP shall additionally allow these uses - Agricultural Activity, Temporary Festival, Airport/heliport, Artisan Distillery, Tasting Room, and Bar or nightclub.”
7. Within the “Regulatory Specific Plan Development Summary” on Sheet 1, the existing “Uses” rows are changed to match the “Allowable Uses (Intent)” text as stated in the above condition.
8. The following text is inserted after “INTENT” on Sheet 1: “Uses for each property that follow are more detailed descriptions or possible specific examples of the broader zoning uses listed above under ‘Allowable Uses’ and are fully subsumed by those zoning code-defined uses.”
9. Within the “INTENT” section for 0 Brandau Road on Sheet 1, “3087 Brandau Road” is added because the aqueduct is on this property.
10. In the Development Summary table on Sheet 1, under Property Information, “P/O 3139” is replaced with “P/O 3087.”
11. The entire "SIGNAGE" section on Sheet 1 is replaced with the following: “No digital, video, or billboard signage. Otherwise, all signage standards are per the MUN-A zoning district.”
12. The “Allowable Uses (Intent)” section is removed from Sheet 3.
13. Architectural Note 1 is removed from Sheet 1.
14. Property to meet the commercial noise standards of Section 9.20.040 of Metro Code.
15. Live and amplified music is required to end no later than 8:00 p.m.
16. Decibel level output shall be limited to 96db at the soundboard location for the stage.
17. Stories shall be defined per the “Story” definition in the Metro Zoning Code.
18. No master permit/HPR shall be recorded prior to final SP approval.
19. Final plat may be required prior to permitting.
20. With the submittal of the final site plan, provide architectural elevations complying with all architectural standards outlined on the preliminary SP for review and approval.
21. 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.
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 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.
24. Comply with all conditions and requirements of Metro reviewing agencies.
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 CA 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.