SUBSTITUTE ORDINANCE NO. BL2009-395

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 IR to SP zoning for properties located at 607 and 612 10th Avenue North (6.66 acres), on the north side of Jo Johnston Avenue, as being Property Parcel Nos. 033, 034 as designated on Map 093-01 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 attached sketch, which is attached to 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. 093 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 this property shall be regulated as if zoned CF except:

1. Prior to the issuance of a building permit for the subject parcels, the owner of the subject parcels shall have complied with the following conditions:

a. Prior to the finalization of final site plans for the subject parcels, the owner of the subject parcels shall have presented its proposed plans for development to, and considered the concerns of, the owners of the property adjacent to the subject parcels. For the purposes of this ordinance, the property adjacent to the subject parcels shall include the property that is adjacent to the railroad right-of-way which is adjacent to the subject parcels. As of the effective date of this ordinance, these property owners shall include, but are not limited to, John Bouchard & Sons Co., and U.S. Smokeless Tobacco Manufacturing Company and their respective successors in interest.

b. Prior to the finalization of final site plans for the subject parcels, the owner of the subject parcels shall have provided a traffic study to all appropriate Departments of the Metropolitan Government and to the owners of the property adjacent to the subject parcels that surveys and projects the effect of such owner’s proposed development activities upon the vehicular traffic utilizing adjacent and area streets, including not less than Harrison Street, Herman Street, 10th Avenue North and Jo Johnston Avenue.

c. The owner of the subject parcels shall have agreed to provide and maintain a 20' minimum setback for improvements along the northerly boundary of the subject parcels that contains a 5' minimum buffer along the northerly boundary which is populated by canopy trees planted not more than 25' apart, subject to any legal restrictions imposed by the proximity of the railroad right-of-way. Compliance with this condition also shall be a requirement for the issuance and maintenance of any certificate of occupancy with respect to the subject parcels.

2. No occupied structures within 50' of the existing northerly property line of the subject parcels may be used for any of the following uses: School Day Care, Day Care Center, Commercial Amusement (Inside), and Commercial Amusement (Outside).

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 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 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 CF zoning district 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.

Sponsored by: Erica Gilmore

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LEGISLATIVE HISTORY
Introduced:	February 3, 2009
Passed First Reading:	February 3, 2009
Referred to:	Planning Commission - Approved 7-1-1 (January 8, 2009) Planning & Zoning Committee
Deferred to May 5, 2009 Agenda (Public Hearing):	March 3, 2009
Passed Second Reading:	May 5, 2009
Substitute Introduced:	May 19, 2009
Passed Third Reading:	May 19, 2009
Approved:	May 22, 2009
By:
Effective:	May 28, 2009