Substitute Bill BL2018-1290
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 to SP zoning on a portion of property located at 300 Rains Avenue, east of the terminus of Benton Avenue (10.0 acres), to permit a mixed-use development, (10.0 acres), all of which is described herein (Proposal No. 2018SP-047-001).
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 to SP zoning on a portion of property located at 300 Rains Avenue, east of the terminus of Benton Avenue (10.0 acres), to permit a mixed-use development, being Property Parcel No. 301 as designated on Map 105-11 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 Property Parcel No. 301 as designated on Map 105 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 use permitted by the MUG-A zoning district. Prohibited uses shall be as specified in the plan.
Section 4. Be it further enacted, that the following conditions shall be completed, bonded, or satisfied as specifically required:
- Comply with all conditions and requirements of Metro agencies.
- All off-street surface parking shall be located at the rear or interior of the project.
- Parking structures visible from public street right of way or public open space shall be screened with landscaping or architectural features.
- Upon submittal of final site plan, detailed information shall be provided explaining how the pedestrian experience along Rains Avenue (Pedestrian Zone) will function separate from “back of house” operations located in this area. Final design shall require approval from Planning Staff.
- Residential uses along public streets shall include stoops or articulation that engages the pedestrian environment.
- Prior to final SP approval, revise street network map with the following:
• Identify locations of Nashville MTA bus shelters/stops.
• Identify rideshare-designated drop off locations, if any.
• Identify parking lot/garage locations and their access points.
- Prior to final SP approval, provide a bikeway connectivity map for the Fairgrounds property and at access points to surrounding neighborhoods.
- Identify Wedgewood Avenue with a major separated bikeway from Benton Avenue to the Craighead Street terminus. Consult with Public Works and Planning before Final SP to confirm bikeway facility design.
- Consult with Planning and Public Works about identifying other bicycle facilities (bike lanes and neighborways supporting WalknBike Plan).
- Indicate that bicycle parking will be provided per Code. Identify bicycle parking locations.
- Identify bikeshare and dockless bikeshare/scootershare locations, if any.
- Prior to final SP approval, Update plan to indicate the following sidewalk requirements:
• Arterial-Boulevards and Collector-Avenues shall be constructed per Major and Collector Street Plan standards
• Local Streets shall be constructed with a 4’ grass strip including street trees and an 8’ sidewalk.
• Consult with Planning and Public Works before Final SP to determine additional guidance or other design elements needed for the Pedestrian Priority zone.
- Update plans to include the following TDM strategy:
• Consult with Planning to produce a Transportation Demand Management (TDM) plan and implementation strategy that includes transportation modal shift goals that reduce number of single occupancy vehicle (SOV) trips to and from the development. Complete plan and implementation agreement before issuance of Use and Occupancy permit.
- 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.
- 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. The developer of the proposed mixed-use development, Nashville Soccer Holdings Development LLC (“NSH”), has voluntarily agreed to develop a portion of the residential units as affordable and workforce housing as follows:
- A minimum of 12% of the residential units within the development will be set aside for households earning 60% of the AMI/MHI (whichever metric is applicable to the financing tool) or less. The units comprising this 12% shall be referred to as “Affordable Housing Units”. NSH acknowledges the existing shortage of three bedroom units, and NSH will develop at least 20% of the Affordable Housing Units as three bedroom units. In the event both AMI and MHI are acceptable for financing, NSH will use MHI, provided however, this 12% voluntary commitment is not contingent on subsidized funding programs.
- An additional 4% of the residential units within the development will be set aside for households earning between 61% and 80%, and another 4% of the residential units within the development will be set aside for households earning between 81 and 120% of AMI/MHI (whichever metric is applicable to the financing tool). The units comprising this 8% commitment shall be referred to as the “Workforce Housing Units”. NSH will endeavor to ensure at least 20% of the Workforce Housing Units will be three bedroom units. In the event both AMI and MHI are acceptable for financing, NSH will use MHI. While this 8% commitment is not contingent on subsidized funding programs, the number of Workforce Housing Units that are three bedrooms will be driven by such funding programs.
- Rents for all Affordable Housing Units and Workforce Housing Units will be set such that the rent charged is Affordable. Affordable Housing Units and Workforce Housing Units will be built to the same standards and on the same general schedule as market-rate units.
For purposes of this Section, “Affordable” means costing 30% or less of household income.
Nothing in this Section is intended to or shall be construed as a condition of the rezoning, and the land use regulatory authority of the Metropolitan Government is not being used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value in violation of T.C.A. §66-35-102.
Section 8. NSH has further voluntarily agreed to cause the developer to reserve 4,000 square feet of retail space for the establishment of a micro-unit incubator for the use of artisans and small business merchants who are verified Promise Zone residents that do not compete directly with existing Fairgrounds Nashville flea market vendors. Vendors will be selected from qualified applicants, and rental rates will be set by a private community advisory committee. First year rental rates will be set at a 50% or greater reduction of market rate rents, and a rental rate mechanism (such as set incremental increases, percentage of revenue, etc.) will be developed by such community advisory committee for rental rates beyond year one.
Section 9. 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 MUG-A zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.
Section 10. 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.
IntroducedAugust 7, 2018
Passed First ReadingAugust 7, 2018
Referred toPlanning Commission - Approve with conditions and disapprove without conditions subject to approval of the associated plan amendment. If the associated plan is not approved, staff recommends disapproval (6-0) on 08/01/2018
Planning, Zoning, and Historical Committee
Public Hearing Scheduled forAugust 27, 2018
Substitute IntroducedAugust 27, 2018
Passed Second ReadingAugust 27, 2018 - Roll Call Vote
Passed Third ReadingSeptember 4, 2018
ApprovedSeptember 5, 2018
EffectiveSeptember 7, 2018
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 09/28/2018 1:30 PM