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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 R40 and RM4 to SP zoning for property located at 6842 Highway 70 S, approximately 1,600 feet west of Harding Pike, (11.77 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2023SP-084-001).
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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 R40 and RM4 to SP zoning for property located at 6842 Highway 70 S, approximately 1,600 feet west of Harding Pike, (11.77 acres), to permit a mixed-use development, being Property Parcel No. 005 as designated on Map 143-00 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 143 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 touses as identified on the plan and 6 short term rental units.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The amphitheater shall be limited to 150 seats.
2. The extents of structures on the site shall not exceed those shown on the preliminary SP. Areas of disturbance shall be in keeping with the preliminary SP plan layout.
3. On final SP, the event center and parking lot shall be situated within the boundaries of the T3 NC policy area. The applicant shall submit a site layout sheet with overlay of policy boundaries with final SP submittal.
4. On the corrected copy, revise maximum height on development summary to the following: 3 stories in 50 feet as measured from the average elevation (average of 4 most exterior corners) at the finished grade (final ground elevation) to the midpoint of the primary roof pitch (the vertical distance from eave to midpoint) or to the top of the parapet for a flat roof.
5. On the corrected copy, label 15’ landscape buffer along the corridor as Scenic Easement per the MCSP.
6. Parking requirements shall be determined with final SP and shall comply with Metro Zoning Code standards. Parking lot(s) generally shall be located in areas with slopes less than 20 percent as depicted in the preliminary SP.
7. A tree survey, tree preservation plan, and detailed landscape plan shall be submitted with the final SP.
8. On the corrected copy, remove Standard SP Note #11 on the cover sheet. Note #15 shall be retained.
9. No master permit/HPR shall be recorded prior to final SP approval.
10. Final plat may be required prior to permitting.
11. Comply with all conditions and requirements of Metro reviewing agencies.
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 owner.
13. 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.
14. 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 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.