ORDINANCE NO. BL2008-141

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 4507, 4509, and 4511 Alabama Avenue and 4506 and 4508 Charlotte Avenue, at the northeast corner of 46th Avenue North and Charlotte Avenue, (1.35 acres), (Proposal No. 2008SP-005U-07).

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 4507, 4509, and 4511 Alabama Avenue and 4506 and 4508 Charlotte Avenue, at the northeast corner of 46th Avenue North and Charlotte Avenue, (1.35 acres), as being Property Parcel Nos. 160, 161 and 162 as designated on Map 091-12 and Property Parcel Nos. 006 and 007 as designated on Map 091-16 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. 091 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 made part of this ordinance.

1. Allowable uses as permitted by the MUL zoning district, as outlined in the Metro Zoning Code.
2. There shall be no outdoor storage.
3. There shall be no outdoor sales or display of goods.
4. There shall be no chain link fences.
5. There shall be no parking structures permitted along Charlotte Avenue, and no surface parking is permitted on-site in front of any building(s) along Charlotte Avenue or along 46th Avenue in front of the building.
6. Materials, textures, and colors should be appropriate for the building’s architecture and surrounding context. Vinyl, aluminum siding and synthetic stucco is prohibited. Brick is encouraged to be the primary building material. Cast stone, stone, stucco and wood are encouraged to be used to accent the primary building material. Architectural elevations shall be submitted for review with the SP Final Site Plan.
7. Drive-thru uses are not permitted along the Charlotte Avenue frontage. Any drive-thru facilities must be located at the rear of the property, as approved by the Planning Commission on the SP Final Site Plan.
8. Primary public and occupant entrances (excluding emergency) shall be located along the Charlotte Avenue façade. Entrances shall be defined through a change in plane from the primary façade or through cosmetic features, such as awnings.
9. All signage must be consistent with the Zoning Code requirements for MUL, except that no pole-signs shall be permitted.
10. Specific bulk standards as identified in the SP development plan on file with the Planning Department.
11. 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 as of the date of the applicable request or application.
12. A corrected copy of the preliminary 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 the enacting ordinance. If a 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 the enacting ordinance, then the 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.
13. Minor modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, 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 currently present or approved.
14. The requirements of the Metro 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.

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: Jason Holleman

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