SECOND SUBSTITUTE ORDINANCE NO. BL2009-474

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 RS15 to SP zoning property located at Ashland City Highway (unnumbered), approximately 1,620 feet east of Eatons Creek Road (7.14 acres), to permit a Funeral Home subject to the standards, regulations and requirements of the OR20 zoning district and one residence, as being Property Parcel No. 120 as designated on Map 069-00 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. 069 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 a funeral home and one residence with the following conditions.
1. The final site plan for the funeral home shall comply with all standards and regulations of the OR20 zoning district and shall be approved by the Planning Commission.
2. One residence may be constructed above the detached garage of the funeral home. If a single-family residence is constructed on the site, the use and occupancy permit for the residence above the detached garage shall be transferred to the single-family residence outside of the funeral home, and the area above the detached garage shall no longer be used for residential purposes. Only one residence shall be permitted in the SP. Final site plan for the single-family residence shall be approved by the Planning Commission.

Section 4. Be it further enacted, that following conditions be included on the final SP site plan(s), and shall be completed, bonded or satisfied as specifically required prior to final SP site plan approval:
1. Elevations identifying building materials and a site layout. Prohibited building materials shall include all plastics, plywood, unfinished concrete blocks, metal buildings, and vinyl siding.
2. A landscape plan which includes a tree density table and plant species list to be approved by the Urban Forester.
3. Details of the signs. Signs shall be limited to one wall mounted sign a maximum of 48 square feet in size and one ground sign a maximum of 28 square feet in size.
4. The requirements of Metro Stormwater shall be met prior to final site plan approval.
5. The requirements of Metro Water Services shall be met prior to final site plan approval.
6. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection shall be met prior to final site plan approval.
7. The requirements of the Metro Public Works Department shall be met prior to final site plan approval.

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 OR20 zoning district for use as a funeral home and for the single family residence 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: Lonnell Matthews

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LEGISLATIVE HISTORY
Introduced:	June 2, 2009
Substitute Introduced:	June 2, 2009
Passed First Reading:	June 2, 2009
Referred to:	Planning Commission Planning & Zoning Committee
Second Substitute Introduced:	July 7, 2009
Passed Second Reading:	July 7, 2009
Passed Third Reading:	July 21, 2009
Approved:	July 23, 2009
By:
Effective:	July 30, 2009