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 CL to SP zoning for properties located at 829 and 835 Dickerson Pike, approximately 350 feet south of Cleveland Street and within the Dickerson Pike Sign Urban Design Overlay District and the Skyline Redevelopment District (0.9 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2020SP-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 CL to SP zoning for properties located at 829 and 835 Dickerson Pike, approximately 350 feet south of Cleveland Street and within the Dickerson Pike Sign Urban Design Overlay District and the Skyline Redevelopment District (0.9 acres), to permit a mixed use development, being Property Parcel No. 074 as designated on Map 082-02 and Property Parcel No. 009 as designated on Map 082-06 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 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 a maximum of 100 hotel rooms and all uses of MUL-A. 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. Prior to final site plan approval, the applicant shall work with the Councilmember and neighbors on the opposite (east) side of Alley #309 from this project to install landscape buffers or fences if the neighbors so choose.
2. No vehicular access to Dickerson Pike shall be permitted.
3. On the corrected copy, remove the lay by lane along Dickerson from all plan sheets.
4. On the corrected copy, remove General Note #9: “Proposed accessory uses shown are what is currently anticipated for development but are subject to change based on tenant demand for approved uses under MUL-A zoning. Developer understands a revised TIS may be required to account for any change in proposed uses.”
5. On the corrected copy, landscaping and tree density requirements shall be updated to comply with the Metro Zoning Code.
6. On the corrected copy, correct General Note #5 to read: “Architectural elevations will be required with submittal of the final site plan.”
7. With the submittal of the final site plan, provide architectural elevations complying with the conceptual elevations, including locations of pedestrian entrances, and all architectural standards outlined on the Preliminary SP for review and approval.
8. Comply with all conditions and requirements of Metro reviewing agencies.
9. 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.
10. 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.
11. 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 Owner’s Association.
12. 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 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.
IntroducedJuly 7, 2020
Passed First ReadingJuly 7, 2020
Referred toPlanning Commission
Planning, Zoning, and Historical Committee
Public Hearing SetAugust 4, 2020
Passed Second ReadingAugust 4, 2020
Passed Third ReadingAugust 18, 2020
ApprovedAugust 19, 2020
EffectiveAugust 21, 2020
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 08/21/2020 1:23 PM