2022SP-088-001

Developers may pursue a Specific Plan (SP) zoning as a "belt and suspenders" or "end around" tactic to secure height modifications, especially when previous height modification approvals under the Downtown Code (DTC) are being challenged in court. Legal counsel supports the ability of the Planning Commission to approve an SP on top of an existing overall height modification, viewing the processes as sufficiently different.

Metro Council rules state that Specific Plan (SP) legislation cannot be introduced without a Planning Commission recommendation, but council members can request a suspension of this rule. Such a suspension is granted unless two or more council members object.

Council members can move to suspend rules for the first reading of Specific Plan (SP) amendments, even if the bill has not yet been reviewed by the Planning Commission, to expedite the legislative process, and such suspensions are often granted without objection.

For Specific Plan (SP) zoning applications within a historic overlay, the Historic Zoning Commission typically conducts a multi-stage review: first, focusing on siting, scale, and massing; and only if the SP is approved by the Metro Council, does the applicant return for review of materials and specific design details.

In Metro Nashville, a 'straight rezone' (e.g., RS5 to R6A) does not allow the planning body to condition for specific infrastructure improvements like road extensions; such conditions can only be imposed through a Specific Plan (SP) zoning.

Metro Council can add more restrictive conditions to a Specific Plan (SP) without re-referring it to the Planning Commission, even if those conditions were not part of the PC's original consideration.

Amendments to Specific Plan (SP) districts, even for minor corrections like typos, often require a suspension of Rule 19 to be heard on first reading if they haven't gone through the Rules Committee, and may still need to return to the Planning Commission for review.

From the planning commission's perspective, a Specific Plan (SP) zoning is a critical tool to formalize and ensure that developer commitments, such as specific community benefits or infrastructure, are legally binding and implemented, and they can be amended if needed.