ORDINANCE NO. BL2008-235

ORDINANCE NO. BL2008-235

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 R6, CL and CS to SP zoning properties located at 4412, 4416, and 4424 Bass Avenue and Nolensville Pike (unnumbered), approximately 1,760 feet north of Haywood Lane (2.01 acres), to permit an existing 5,300 square foot auto repair shop, auto sales and repair business in a 3,200 square foot office, and 3 single-family lots and 1 duplex lot, all of which is described herein (Proposal No. 2008SP-012U-12).

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 R6, CL and CS to SP zoning properties located at 4412, 4416, and 4424 Bass Avenue and Nolensville Pike (unnumbered), approximately 1,760 feet north of Haywood Lane (2.01 acres), to permit an existing 5,300 square foot auto repair shop, auto sales and repair business in a 3,200 square foot office and 3 single-family lots and 1 duplex lot, as being Property Parcel Nos. 099, 105, 107, 108 as designated on Map 147-07 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. 147-07 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 otherwise specifically required in the condition:

1. Show all standard auto-oriented SP conditions:
• A physical separation of the automobile display or parking area from the sidewalk in the form of a “knee wall” of a minimum 24 inch height. The wall shall be constructed of either: concrete, stone, split-faced masonry or other similar material; or pillars with wrought iron or similar material between the pillars.
• 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 or indirect ambient light.
• Any adjacent right of way shall include a sidewalk that meets current Metro standards for construction. If there is not an adjacent sidewalk or if the condition of the existing sidewalk is inadequate per current Metro standards for construction, a new sidewalk shall be constructed by the applicant.
• All signs shall be either monument or on-building signage. Pole-mounted signs, including billboards, shall not be permitted.
• All interior landscaping requirements of the Zoning Code (Chapter 17.24) shall be met, including a minimum 8 percent of interior landscaping. For the purposes of determining landscaping requirements, CS zoning should be used to determine the minimum required amount of landscaping, as per Chapter 17.24.

2. For the commercial portion of the SP, all performance and development standards not specifically listed in the SP or above, shall be the same as if the property were zoned CN.

3. Sidewalks are required along all public street frontages of the SP, with the exception of Bass Avenue.

4. Provide a joint/cross access easement to connect the parking areas within Phase I and Phase II.

5. Absent existing on-site environmental conditions, all new construction shall comply with the building development standards of the adopted land use policy. Such determination shall be finalized at the final development plan stage. This may require the construction of the proposed 3,200 square foot auto sales building closer to Winston Avenue.

6. A standard C-5 landscape buffer yard shall separate the residential and commercial uses, including the required masonry wall.

7. The 24 inch knee wall shall be constructed along the commercial frontage on Winston Avenue.

8. Eliminate one driveway on Winston Avenue.

9. Residential corner lots (Lot 2 and Lot 3) shall incorporate house designs oriented to address both streets.

10. The uses shall be limited to one and two family residential, automobile sales (used), automobile service and automobile repair as shown on the preliminary site plan.

11. Winston Avenue shall be designated as a local street. Nolensville Pike shall be designated as an Urban Arterial- U6 based on the Major Street and Collector Plan.

Section 4. Be it further enacted, that 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.

Section 5. Be it further enacted, that 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 in the plan that is 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 CN and R6 zoning district as of the date of the applicable request or application.

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.

LEGISLATIVE HISTORY
Introduced:	June 3, 2008
Amended:	June 3, 2008
Passed First Reading:	June 3, 2008
Referred to:	Planning Commission - Approved 10-0 (May 22, 2008) Planning & Zoning Committee
Passed Second Reading:	July 1, 2008
Passed Third Reading:	July 15, 2008
Approved:	July 21, 2008
By:
Effective:	July 25, 2008