ORDINANCE NO. BL2008-314

ORDINANCE NO. BL2008-314

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 R8, R10, and CS zoning districts to SP zoning to create a new specific plan known as "Bakertown Specific Plan" for properties along Antioch Court, Antioch Pike, Bakertown Road, Cherokee Court, Cherokee Hills Drive, Cherokee Place, Ezell Road, Gasser Drive, Haystack Lane, Jansing Drive, Luna Drive, Rader Drive, and Spann Court (87.79 acres), to establish development and sign standards, and regulate land uses, all of which is described herein (Proposal No. 2008SP-023U-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 R8, R10, and CS zoning districts to SP zoning to create a new specific plan known as "Bakertown Specific Plan" for properties along Antioch Court, Antioch Pike, Bakertown Road, Cherokee Court, Cherokee Hills Drive, Cherokee Place, Ezell Road, Gasser Drive, Haystack Lane, Jansing Drive, Luna Drive, Rader Drive, and Spann Court (87.79 acres), to establish development and sign standards, and regulate land uses, as being various Property Parcel Nos. as designated on Maps 134-15, 148-00, 148-02, 148-03 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 Nos. 134 and 148 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 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 4. 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 ordinance approved by Metro Council that increase the permitted height of buildings, add uses not otherwise permitted, or eliminate specific conditions or requirements contained in the plan as adopted through this enacting 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 MUL zoning district for Subdistrict 1, and RM20 zoning district for Subdistricts 2 and 3 as of the date of the applicable request or application.

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.

LEGISLATIVE HISTORY
Introduced:	October 7, 2008
Passed First Reading:	October 7, 2008
Referred to:	Planning Commission - Approved 7-0 (September 25, 2008) Planning & Zoning Committee
Passed Second Reading:	November 6, 2008
Passed Third Reading:	November 18, 2008
Approved:	November 24, 2008
By:
Effective:	November 26, 2008