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 properties located at 2721 and 2725 Nolensville Pike, and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue (0.82 acres), to permit the expansion of an existing used car sales lot, all of which is described herein (Proposal No. 2006SP-152U-11).

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 properties located at 2721 and 2725 Nolensville Pike, and 2722 Grandview Avenue, at the northwest corner of Nolensville Pike and McClain Avenue, (0.82 acres), to permit the expansion of an existing used car sales lot, as being Property Parcel Nos. 042, 062, 063 as designated on Map 119-09 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. 119 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 conditions.

1. To ensure that the potential number of used car sale facilities are not increased in this corridor, the applicant shall present evidence that the existing used auto sales facility at 2624 Nolensville Pike will be closed and not reopened for automobile sales, services or repair during the 2 year nonconforming status period of the current lot.

2. The proposed knee wall design shall be amended and approved by the planning staff prior to issuance of any building or use permit for the property. The knee wall shall be constructed along Nolensville Pike and McClain Ave (from Nolensville Pike and the alley). The revised design shall consist of a knee wall of a minimum 24 inch height and the wall shall be constructed of either: concrete, stone, split-faced masonry or other similar material; or pillars with vertical pickets of wrought iron or similar material between the pillars.

3. Along McClain Ave and Grandview Ave adjacent to the property, the applicant shall construct a sidewalk that meets current Metro standards for construction. Any damage to the sidewalk along Nolensville Pike shall be repaired by the applicant.

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

6. The property may also be for any uses permitted in the CN zoning district.

7. 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.

8. The monument signage shown on the site plan shall be the only free standing signage. Any additional signage shall be on the face of the building. Pole-mounted signs shall not be permitted.

9. Landscaping shall be provided on site, and must be approved by planning staff prior to the issuance of any building permits. Interior landscaping requirements of the Zoning Code (Chapter 17.24) shall be met, including a minimum 8 percent of interior landscaping. For the purpose of determining landscaping requirements, CS zoning should be used to determine the minimum required amount of landscaping as per Chapter 17.24.

10. 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.

11. 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 Sections of the Metropolitan Department of Public Works for all improvements within public rights of way.

12. 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.

13. 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.

14. This ordinance includes conditions which require correction/revision of the plan that was duly considered by the Planning Commission. Authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until four copies of corrected/revised plans have been submitted to and approved by staff of the Metropolitan Planning Commission.

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: Diane Neighbors, Anna Page

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LEGISLATIVE HISTORY
Introduced:	November 9, 2006
Passed First Reading:	November 9, 2006
Referred to:	Planning Commission - Approved 7-0 (September 28, 2006) Planning & Zoning Committee
Passed Second Reading:	January 2, 2007
Passed Third Reading:	January 16, 2007
Approved:	January 17, 2007
By:
Effective:	January 19, 2007