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 to permit "Automobile Sales, Used" and general office on property located at 2739 Murfreesboro Pike, approximately 680 feet north of Morris Gentry Boulevard (.45 acres), all of which is described herein (Proposal No. 2006SP-115U-13).

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 permit "Automobile Sales, Used" and general office on property located at 2739 Murfreesboro Pike, approximately 680 feet north of Morris Gentry Boulevard (.45 acres), as being Property Parcel No. 170 as designated on Map 149-00 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. 149 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 of a minimum 24" height. Wall shall be placed along Murfreesboro Pike, 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. 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.

3. Sidewalks must be repaired (if necessary) along Murfreesboro Pike so that they are up to code in terms of construction.

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 preliminary 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 preliminary approval of this proposal shall be forwarded to the Planning Commission by the Traffic Engineering Sections of the Metropolitan Department of Public Works for all improvements within public rights of way.

10. Subsequent to enactment of this planned unit development overlay district by the Metropolitan Council, and prior to any consideration by the Metropolitan Planning Commission for final site development plan approval, a paper print of the final boundary plat for all property within the overlay district must be submitted, complete with owners signatures, to the Planning Commission staff for review.

11. Prior to any additional development applications for this property, the applicant shall provide the Planning Department with a final corrected copy of the SP plan for filing and recording with the Davidson County Register of Deeds.

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: Robert Duvall

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