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 R10 to SP zoning property located at 2433 Buena Vista Pike, approximately 770 feet west of West Trinity Lane (5.01 acres), to permit the development of 23 multi-family units and a 250 seat religious institution within a 2-story, 27,000 square foot building, all of which is described herein (Proposal No. 2007SP-048U-03).

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 R10 to SP zoning property located at 2433 Buena Vista Pike, approximately 770 feet west of W. Trinity Lane (5.01 acres), to permit the development of 23 multi-family units and a 250 seat religious institution within a 2-story, 27,000 square foot building, as being Property Parcel No. 041 as designated on Map 070-00 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. 070 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.         Elevations for the church building will be required with the final development plan.  The structure should utilize similar materials and design elements used in the residential section.  Elevations must be approved by planning staff for compatibility with the materials and character of the residential units prior to the final development plan being approved.

2.         The access point along Buena Vista Pike should be redesigned prior to final approval of the development plan.  The redesign must be approved by Public Works and Planning staff prior to the final development plan being approved.

3.         The dumpster identified to the south of the front row of residential units shall be relocated.  The relocation must be approved by Public Works and Planning staff prior to the final development plan being approved.

4.         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 MUN zoning district effective at the date of the building permit. This zoning district must be shown on the plan.

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 MUN 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: Jamie Isabel

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LEGISLATIVE HISTORY
Introduced:	April 3, 2007
Passed First Reading:	April 3, 2007
Referred to:	Planning Commission - Approved 7-0 (March 22, 2007) Planning & Zoning Committee
Passed Second Reading:	May 1, 2007
Passed Third Reading:	May 15, 2007
Approved:	May 17, 2007
By:
Effective:	May 19, 2007