ORDINANCE NO. BL2009-394

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 amending a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, all of which is more particularly described herein (Proposal No. 8-65P-001).

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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, as being Property Parcel No. 154 as designated on Map 059-00 and Property Parcel No. as designated on Map of 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 attached plan that was duly considered by the 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. 059 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 shall be completed, bonded or satisfied as specifically required:
1. The Final PUD site plan shall include a standard C Buffer Yard along the perimeter of the site separating the CS zoning from the surrounding R6 zoning.
2. If the park is accepted by Metro, the applicant shall be responsible for construction of the proposed park facility in accordance with the Metro Parks Department design standards. If the park is not accepted by Metro, the owner shall maintain the property as private property in its natural state. There shall be no development or grading of the park portion of the property. The park design shall be approved by Metro Parks staff during the final site plan review.
3. All Public Works’ design standards shall be met prior to any final approvals and permit issuance. Any approval is subject to Public Works’ approval of the construction plans.
4. Additional traffic analysis may be required with the development of the possible future park.

Section 4. Be it further enacted, that a corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval 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 preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD 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 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: Frank Harrison

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LEGISLATIVE HISTORY

Introduced: February 3, 2009
Passed First Reading: February 3, 2009
Referred to: Planning Commission - Approved 9-0
(January 22, 2009)
Planning & Zoning Committee
Passed Second Reading: March 3, 2009
Passed Third Reading: March 17, 2009
Approved: March 19, 2009
By:
Effective: March 23, 2009