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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 R8 to SP zoning for properties located at 2130, 2132A, 2138A, 2138B, 2138C, 2140 and 2142 Buena Vista Pike and 3005A, 3005B, 3007 and 3009 Cliff Drive, at the southwest corner of Buena Vista Pike and Cliff Drive (5.29 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2023SP-048-001).
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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 R8 to SP zoning for properties located at 2130, 2132A, 2138A, 2138B, 2138C, 2140 and 2142 Buena Vista Pike and 3005A, 3005B, 3007 and 3009 Cliff Drive, at the southwest corner of Buena Vista Pike and Cliff Drive (5.29 acres), to permit a mixed-use development, being Property Parcel Nos. 060-061, 065, 066, 096-098 and 163 as designated on Map 070-13 and Property Parcel Nos. 001-002 and 900 as designated on Map 070-13-0-F 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 070-13 and Map 070-13-0-F 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 225 total residential units in all districts and a maximum of 12,100 square feet of nonresidential uses listed within the preliminary SP document within District 1. Short term rental property, owner occupied, and short term rental property, not-owner occupied, shall be prohibited in Districts 2 and 3.
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 purpose note to reflect the Permitted Uses condition.
2. On the corrected copy, remove the maximum height note on sheet SP 3.0 and replace with the following: Building height shall be measured from the average elevation of the four most exterior corners to the midpoint of the primary roof pitch or to the top of the parapet for a flat roof. Height in stories shall be defined per the definition of “story” in the Metro Code. Covered rooftop amenities shall be included in maximum height calculation.
3. On the corrected copy, remove Note 13 from Additional Standards and replace with the following: Modifications to raised foundations requirements may be considered by Planning upon review of the final SP depending on final grades and architectural elevations. Any modifications approved by Planning may require additional screening requirements.
4. On the corrected copy, update list of Permitted Uses for District 1 on Sheet SP3.0 to include uses listed in Note 13 under General Notes.
5. On the corrected copy, remove all references to apartments and condos and change to “multi-family residential units.
6. 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.
7. The nonresidential uses shall be limited to the building locations as shown on the site plan.
8. Parking requirements shown on the site plan shall be per UZO parking maximums.
9. 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.
10. The final site plan shall provide sidewalks and frontage zones consistent with the Major and Collector Street Plan (MCSP) standards along Buena Vista Pike, Cliff Drive, and the new east-west local street.
11. All surface parking lots visible from public streets shall be screened by landscaping based on the parking lot screening standards in the zoning code. Landscaping screening details shall be reviewed at the final site plan.
12. Comply with all conditions and requirements of Metro reviewing agencies.
13. No master permit/HPR shall be recorded prior to final SP approval.
14. Final plat may be required prior to permitting.
15. 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.
16. 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.
17. 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.
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 zoning district for District 1, RM40-A-NS for District 2, and RM20-A-NS for District 3 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.