SUBSTITUTE ORDINANCE NO. BL2009-388

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 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, as being Property Parcel No. 088 as designated on Map 050-00 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. 050 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 uses of this SP shall be limited to wrecker service and automobile repair.

Section 4. Be it further enacted, that the following conditions be completed, bonded or satisfied as specifically required prior to final site plan approval:

1. A standard C Landscape Buffer Yard on-site or a 30 foot wide landscape easement on the adjacent properties shall be provided along the rear and side perimeters of the property adjacent to the properties zoned RS7.5. Landscape easement(s) may be used to meet this requirement and shall be recorded prior to final site plan approval.

2. Prior to final site plan approval, the requirements of the Stormwater Division shall be completed, bonded or satisfied as specifically required by the Stormwater Division.

3. Sign details shall be provided with the submission of the final site plan and shall be approved by staff.

Section 5. Be it further enacted, that the following conditions be completed, bonded or satisfied as specifically required prior to the issuance of building permits:

1. 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.

2. The chain link fence in the front of the property shall be replaced with a wrought iron fence that contains brick or stone pillars between the wrought iron fencing, that shall be approved by staff, prior to any Use and Occupancy permit.

Section 6. 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 7. 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 8. 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 CS zoning district as of the date of the applicable request or application.

Section 9. 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: Walter Hunt

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LEGISLATIVE HISTORY
Introduced:	February 3, 2009
Passed First Reading:	February 3, 2009
Referred to:	Planning Commission - Approved 7-0 (February 26, 2009) Planning & Zoning Committee
Passed Second Reading:	March 3, 2009
Substitute Introduced:	March 17, 2009
Passed Third Reading:	March 17, 2009
Approved:	March 19, 2009
By:
Effective:	March 23, 2009