LEGISLATIVE HISTORY
(July 24, 2008)
Planning & Zoning Committee
ORDINANCE NO. BL2008-279
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 for property located at 2635 Smith Springs Road, approximately 650 feet west of Bell Road (0.28 acres), to permit personal care services in an existing 1,792 square foot dwelling, all of which is described herein (Proposal No. 2008SP-014U-13).
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 for property located at 2635 Smith Springs Road, approximately 650 feet west of Bell Road (0.28 acres), to permit personal care services in an existing 1,792 square foot dwelling, as being Property Parcel No. 044 as designated on Map 136-00 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. 136 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. Uses permitted in this SP shall be limited to personal care services and office as specified in the Metro Nashville Zoning Code. All other uses are prohibited.
2. A 6 foot tall solid wood privacy fence shall be constructed along the eastern property line. Fence shall run from the front setback line to the rear property line. A Use and Occupancy Permit shall not be issued until the fence has been constructed and approved by Planning Staff. Removal of the fence shall require approval by the Planning Commission or Planning Director, and shall not be approved until such time that the adjacent property to the east is zoned to a nonresidential use.
3. A 6 foot tall solid masonry wall shall be constructed along the western property line and shall run from the front setback line to the rear property line. A Use and Occupancy Permit shall not be issued until the fence has been constructed and approved by Planning Staff.
4. Signage shall be limited to one free standing sign that shall not be more than 5 feet in height and may not exceed 20 square feet in size. Signs shall not be illuminated. No other signs other than directional signs as specified in the Metro Zoning Code shall be allowed.
5. Any modification to the existing building that will increase the total floor area or reduce total parking spaces shown on the Council adopted plan shall be approved by the Planning Commission or the Planning Director and may require Council approval.
6. A shared access easement along the eastern property line shall be platted or recorded by instrument with the Davidson County Register of Deeds Office prior to the issuance of a Use and Occupancy permit. The easement shall be 15 feet in width and run from the front property line to the rear property line.
7. A sidewalk shall be required along Smith Springs Road and shall be constructed upon the issuance of any building permits for the SP and shall be completed and approved by the Department of Public Works prior to the issuance of a Use and Occupancy Permit.
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 MUN 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.
Sponsored by: Vivian Wilhoite
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LEGISLATIVE HISTORY |
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| Introduced: | August 7, 2008 |
| Passed First Reading: | August 7, 2008 |
| Referred to: | Planning
Commission - Approved 9-0 (July 24, 2008) Planning & Zoning Committee |
| Passed Second Reading: | September 2, 2008 |
| Passed Third Reading: | September 16, 2008 |
| Approved: | September 19, 2008 |
| By: | |
| Effective: | September 22, 2008 |