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 CS to SP zoning on property located at 1517 4th Avenue South, at the corner of 4th Avenue South and Mallory Street (.44 acres), to permit "Automobile Sales Used", "Automobile Services", all of which is described here in (Proposal No. 2006SP-105U-07).

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 CS to SP zoning to on property located at 1517 4th Avenue South, at the corner of 4th Avenue South and Mallory Street (.44 acres), permit "Automobile Sales Used", "Automobile Services", as being Property Parcel No. 407 as designated on Map 105-07 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 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 Sheet No. 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 following conditions be completed, bonded or satisfied prior to the issuance of any permits, or as specifically required in the condition.
1. There shall be a physical separation of the automobile display area and parking area from the sidewalk in the form of a knee wall with a minimum 24" height. Wall shall be placed along 4th Avenue South and Mallory Street and must meet one of the following two conditions:

a. The wall shall be constructed of concrete, stone, finished masonry or other similar material, or
b. The wall shall be solid or consist of pillars with wrought iron or similar material between the pillars.

2. Sidewalks must be constructed or repaired along 4th Avenue South and Mallory Street so that they are up to code in terms of construction.

3. No chain link fence shall be within 25 feet of any public right of way. No razor wire, barbed wire or similar materials shall be allowed on the property. The existing chain-link fence shall be removed.

4. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct or indirect ambient light

5. All signs shall be monument signage or on-building. Pole-mounted signs shall not be permitted.

6. Landscaping shall be provided on site, and must be approved by planning staff prior to approval of the final development plan.

7. All performance and development standards not specifically listed in the SP shall be the same as if the property were zoned CN.

8. Prior to the issuance of any permits, confirmation of final approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services.

9. Prior to the issuance of any permits, confirmation of final approval of this proposal shall be forwarded to the Planning Commission by the Traffic Engineering Section of the Metropolitan Department of Public Works for all improvements within public rights of way.

10. The requirements of the Metropolitan 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. These plans as approved by the Planning Commission will be used by the Department of Codes Administration to determine compliance, both in the issuance of permits for construction and field inspection. Significant deviation from these plans will require reapproval by the Planning Commission.

12. This final approval includes conditions which require correction/revision of the plans, authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until four (4) copies of the corrected/revised plans have been submitted to and approved by staff of the Metropolitan Planning Commission. The revised plans must be received within 60 days of Metro Council's final approval.

Section 4. 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.

Sponsored by: Ronnie Greer

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LEGISLATIVE HISTORY
Introduced:	October 3, 2006
Passed First Reading:	October 3, 2006
Referred to:	Planning Commission - Approved 9-0 (August 10, 2006) Planning & Zoning Committee
Passed Second Reading:	November 9, 2006
Passed Third Reading:	November 21, 2006
Approved:	November 22, 2006
By:
Effective:	November 25, 2006