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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 RM20 to SP for properties located at 301 North 2nd Street and 651 and 660 Joseph Avenue, at the northeast corner of Dickerson Pike and Meridian Street (14.52 acres), and located in a Planned Unit Development Overlay District, to permit a mixed-use development with non-residential uses and a maximum of 1,150 multi-family residential units, all of which is described herein (Proposal No. 2021SP-083-001).
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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 RM20 to SP for properties located at 301 North 2nd Street and 651 and 660 Joseph Avenue, at the northeast corner of Dickerson Pike and Meridian Street (14.52 acres), and located in a Planned Unit Development Overlay District, to permit a mixed-use development with non-residential uses and a maximum of 1,150 multi-family residential units, being Property Parcel No. 208 as designated on Map 082-07 and Property Parcel No. 009 and 040 on Map 082-11 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 082 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 of MUL-A and a maximum of 1,150 multi-family residential units. Short Term Rental Property (STRP) owner-occupied and 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. 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.
2. 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.
3. Option 2 (Build Realignment of Dickerson Pike) is the preferred option. If the realignment is not approved by TDOT, adjustments may be necessary to the site plan, including but not limited to building placement and streetscape details.
4. If the development is proposed to be phased, include a full phasing plan with the 1st final site plan.
5. Pedestrian entries and street-level interaction shall be demonstrated with the final site plan architectural elevations, regardless of the final alignment determination.
6. Final street cross sections and alignment details of Dickerson Pike, 1st Avenue North, Berry Street, Meridian Street, or realignment scenario, are subject to change and shall be determined with the final site plan.
7. If Dickerson Pike is realigned under Option 2, stepbacks on the upper stories may be necessary along the street frontage. Applicant shall work with staff during final SP review to incorporate as needed.
8. All structured parking shall be wrapped with habitable space, consistent with the residential liner areas specified on the preliminary SP and include active uses. Active uses are those programmed spaces that generate pedestrian street activity and interaction. Hallways, storage rooms, fitness centers, and other ancillary spaces shall not qualify as an active use.
9. The residential liner building for Site C shall be included in the same phase as the Site C parking garage. The rear portion of the parking garage façade that is not wrapped with habitable space shall include parking garage treatments per the SP parking screening details.
10. Facades for parking garages shall be seamlessly integrated into the design. The materiality and proportions of any above-grade parking screening should be thoughtfully considered. The façade treatments shall integrate or complement the architectural characteristics of the habitable portion of the building and the surrounding built context. Openings for natural ventilation are permissible when integrated into the façade design.
11. On the corrected copy, update the location of the Site C residential liner building as needed to be consistent with the proposed rear setback.
12. On the corrected copy, update the Maximum Overall Height language: Maximum overall height shall comply with the massing diagrams provided in the preliminary SP. Height shall be measured per the Metro Zoning Ordinance.
13. On the corrected copy, update all language related to the timing of improvements to Dickerson and intersection details with the NDOT conditions.
14. No direct vehicular access to the parking garages or surface parking areas shall be provided directly from Dickerson Pike or Meridian Street.
15. On the final site plan, landscaping and TDU Requirements shall be provided per the Metro Zoning Ordinance.
16. All private drives, access, and open spaces shall include public access easements, which shall be included on the final site plan. Prior to final site plan approval, provide easement documentation.
17. Comply with all conditions and requirements of Metro reviewing agencies.
18. 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.
19. 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.
20. 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.
21. The maximum height of Site ‘E’ shall be seven (7) stories in 98 feet.
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 as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
Section 8. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it