ORDINANCE NO. BL2008-281

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 R40 to SP zoning for a portion of property located at 1900 Graybar Lane, at the northwest corner of Graybar Lane and Benham Avenue (2.3 acres), to permit a Class IV daycare facility in an existing 13,725 square foot building, all of which is described herein (Proposal No. 2008SP-018U-10).

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 R40 to SP zoning for a portion of property located at 1900 Graybar Lane, at the northwest corner of Graybar Lane and Benham Avenue (2.3 acres), to permit a Class IV daycare facility in an existing 13,725 square foot building, as being Part of Property Parcel No. 028 as designated on Map 117-11 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. 117 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. The use permitted within this SP district shall be limited to a Class IV daycare center.
2. Primary access to the site shall be from Woodmont Blvd. with secondary access from Graybar Lane.
3. An access easement providing access from Woodmont Blvd. to this property as shown on the preliminary SP plan shall be included on the final plat when Parcel No. 028 as designated on Map 117-11 is subdivided.
4. If the Graybar Lane access remains gated, an eastbound right turn lane shall be installed on Woodmont Blvd. at the access point and adequate on site traffic circulation and drop off area near building shall be verified or a revised Traffic Impact Study shall be submitted.
5. Prior to the issuance of building permits, signage for the Graybar Lane entrance shall be reviewed and approved by staff.

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 RM2 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: Sean McGuire

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