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Bill BL2019-1578 (as amended)

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 IR to SP zoning on property located at 520 Hagan Street and 640 Merritt Avenue, approximately 700 feet east of Fort Negley Boulevard (2.89 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2019SP-018-001).

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 IR to SP zoning on property located at 520 Hagan Street and 640 Merritt Avenue, approximately 700 feet east of Fort Negley Boulevard (2.89 acres), to permit a mixed use development, being Property Parcel Nos. 250, 257 as designated on Map 105-06 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 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 a maximum 300 multi-family residential units and 25,000 square feet of non-residential uses, including existing non-residential square footage. All non-residential uses as specified on the plan are limited to the designated commercial zones. Short Term Rental Property (STRP) – Owner Occupied and Short Term Rental Property (STRP) – Non-Owner Occupied uses shall not be permitted. Auto-oriented uses, including Automobile Convenience, Automobile Parking, Automobile Repair, Automobile Sales – New, Automobile Sales – Used, Automobile Service, Car Wash, Vehicular Rental/Leasing, Vehicular Sales and Service – Limited, and Wrecker Service, shall not be permitted.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. On the corrected copy, remove all references to owner and not-owner occupied short term rental properties.
2. Prior to final site plan approval, mandatory referrals shall be submitted and approved for the abandonment of the existing alley right-of-way and the Merritt Avenue right-of-way.
3. Access will continue to be evaluated with the final site plan and is dependent on the outcome of the TIS and mandatory referral process. Adjustments to the plan may be required to ensure continued access for surrounding properties.
4. The private drive and living alley shall include public access easements, which shall be included on the final site plan. Prior to final site plan approval, provide easement documentation.
5. Comply with all conditions and requirements of Metro reviewing agencies.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. This property shall not be eligible for short-term rental property (STRP) permits under Chapter 17.16 of the Metropolitan Code of Laws. Short Term Rental Property (STRP) – Owner Occupied and Short Term Rental Property (STRP) – Non-Owner Occupied uses shall be prohibited. The District Regulations, Permitted Uses section shall be modified to remove Owner Occupied and Non-Owner Occupied Short Term Rental Property (STRP) uses.
12. Auto-oriented uses, including Automobile Convenience, Automobile Parking, Automobile Repair, Automobile Sales – New, Automobile Sales – Used, Automobile Service, Car Wash, Vehicular Rental/Leasing, Vehicular Sales and Service – Limited, and Wrecker Service, shall be prohibited.

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 MUN-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.

Sponsor(s)

Colby Sledge

Related Documents

Legislative History

IntroducedApril 2, 2019

Passed First ReadingApril 2, 2019

Referred toPlanning Commission - Approved with conditions, disapproved without all conditions (9-0) on 03/14/2019
Planning, Zoning, and Historical Committee

Public Hearing Scheduled forMay 7, 2019

AmendedMay 7, 2019

Passed Second ReadingMay 7, 2019

Passed Third ReadingMay 21, 2019

ApprovedMay 22, 2019

ByMayor Briley's signature

EffectiveMay 24, 2019

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 05/24/2019 6:05 PM