ORDINANCE NO. BL2009-589

ORDINANCE NO. BL2009-589

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 CS to SP zoning for property located at 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, all of which is described herein (Proposal No. 2009SP-028-001).

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 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 570 Murfreesboro Pike, approximately 820 feet east of Fesslers Lane (1.28 acres), to permit an existing structure to be utilized for auto sales (used), auto repair, and vehicular leasing, as being Property Parcel No. 001 as designated on Map 106-06 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. 106 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 auto sales (used), auto repair, and vehicular leasing.

Section 4. Be it further enacted, that following conditions be completed, bonded, or satisfied as specifically required:

1. The purpose note shall be revised on the corrected copy of the preliminary plan to read that the purpose of the SP is to permit auto sales (used), auto repair, and vehicular leasing. All other uses in the CS zoning district shall not be permitted and any references to these uses shall be removed from the purpose note.
2. All requirements of the Public Works Department for construction plans, excavation permits, and right of way reservations shall be met.
3. Prior to the issuance of an occupancy permit construction plans for the retaining wall and other improvements along Murfreesboro Pike as shown on the SP shall be approved by the Department of Public Works. No occupancy permit shall be issued until Public Works has approved construction plans and work has been completed, inspected and approved by the Department of Public Works.

Section 5. 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. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. 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 6. 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 7. 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 8. Be it further enacted, that all development within the boundaries of this plan shall meet the requirements of the Americans with Disabilities Act.

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.

LEGISLATIVE HISTORY
Introduced:	December 1, 2009
Passed First Reading:	December 1, 2009
Referred to:	Planning Commission - Approved 6-0 (November 12, 2009) Planning & Zoning Committee
Passed Second Reading:	January 5, 2010
Amended:	January 19, 2010
Passed Third Reading:	January 19, 2010
Approved:	January 20, 2010
By:
Effective:	January 25, 2010