ORDINANCE NO. BL2007-1343
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 property located at 541 and 551 Stewarts Ferry Pike, approximately 1,130 feet west of Lauer Drive (4.57 acres), to permit the development of 20 townhomes and 4,000 square feet of warehouse space, all of which is described herein (Proposal No. 2007SP-019U-14).
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 CS to SP zoning property located at 541 and 551 Stewarts Ferry Pike,
approximately 1,130 feet west of Lauer Drive (4.57 acres), to permit the development
of 20 townhomes and 4,000 square feet of warehouse space, as being Property
Parcel Nos. 059, 060 as designated on Map 096-00 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.
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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. 096
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 specifically required in the condition.
1. If the previous in-lieu fee for sidewalks for the properties within this SP are not currently retained by Metro, then sidewalks shall be required along Stewarts Ferry Pike. If sidewalks are required, then the development plan must be revised to provide sufficient room for sidewalks. If the change only requires minor changes to the plan, then the changes may be approved as a revision with the final development plan. If the changes are determined by staff to be major, then the plan shall be referred back to Council for approval.
2. A greenway easement shall be provided along McCrory Creek. Since a buffer disturbance has been previously approved for this site, the greenway easement shall be placed within the stream buffer in areas where the disturbance has been approved and adjacent the stream buffer within a 25 foot greenway easement where there is sufficient area. Additional disturbance for the greenway will have to be approved by the Stormwater Management Committee prior to any approval of the final development plan. If an additional buffer disturbance is not approved for the greenway, then the Planning Commission may consider waiving the greenway easement requirement at the final development plan stage. If an additional disturbance is approved, then Metro Greenways must determine if the developer should construct the greenway with the final development plan.
3. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the MUL zoning district effective at the date of the building permit. This zoning district must be shown on the plan.
4. Signage shall be limited to one monument type sign 20 square feet or less, and not exceed 4 feet in height.
Section 4. Be it further enacted that, a final corrected copy of the SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of this ordinance. If a final corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 5. Be it further enacted, that minor adjustments to the site plan may be approved by the planning commission or its designee based upon final architectural, engineering or site design and actual site conditions. All adjustments shall be consistent with the principles and further the objectives of the approved plan. Adjustments shall not be permitted, except through an ordinance approved by Metro Council, that increase the permitted density or intensity, 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 present in the plan that is a part of this ordinance.
Section 6. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the MUL zoning district at the effective date of the application for any building permit.
Section 7. 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: Harold White, J. B. Loring
LEGISLATIVE HISTORY |
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Introduced: | February 6, 2007 |
Passed First Reading: | February 6, 2007 |
Referred to: | Planning
Commission - Approved 10-0 (January 25, 2007) Planning & Zoning Committee |
Passed Second Reading: | March 6, 2007 |
Passed Third Reading: | March 20, 2007 |
Approved: | March 21, 2007 |
By: | ![]() |
Effective: | March 23, 2007 |