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 and for final site development approval for property located at 1510 Lebanon Pike, approximately 200 feet east of Spence Lane (1.77 acres), to permit automobile convenience, vehicular rental/leasing, vehicular sales and service, limited, and all other uses permitted by the CS zoning district, all of which is described herein (Proposal No. 2007SP-155U-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 from CS to SP zoning and for final site development approval for property located at 1510 Lebanon Pike, approximately 200 feet east of Spence Lane (1.77 acres), to permit automobile convenience, vehicular rental/leasing, vehicular sales and service, limited, and all other uses permitted by the CS zoning district, as being Property Parcel No. 043 as designated on Map 094-00 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. 094
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, 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 4. 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 5. 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 CS zoning district at the effective date of the application for any building permit.

Section 6. 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: Phil Claiborne

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2007-13

Madam President:

I move to amend Ordinance No. BL2007-13 by adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:

“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. Show and dimension right of way along Lebanon Pike at property corners. Label and show reserve strip for future right of way, 54 feet from the centerline to the property boundary, consistent with the approved major street plan (U6-108’ ROW) on revised site plan.

2. All existing landscaping shall remain.

3. All parking areas shall be paved with asphalt. Existing gravel area shall be paved within 120 days of the effective date of the ordinance and prior to the issuance of any final use and occupancy permit.

4. 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. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct ambient light. All signs shall be either monument or on-building signage. Pole mounted signs shall not be permitted. Any existing billboards shall be removed within two years from the effective date of the enacting SP ordinance by Metro Council.

Sponsored by: Phil Claiborne

LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission - Approved 7-0 (September 27, 2007) Planning & Zoning Committee
Passed Second Reading:	November 6, 2007
Amended:	November 20, 2007
Passed Third Reading:	November 20, 2007
Approved:	November 27, 2007
By:
Effective:	November 29, 2007