SUBSTITUTE ORDINANCE NO. BL2009-590

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 IWD and CS to SP zoning for properties located at 404, 2404, 2406, 2408, 2410, 2412 and 2418 Clarksville Pike, 2111, 2113 and 2113-B 24th Avenue North, 2104 25th Avenue North and 25th Avenue North (unnumbered), at the northwest corner of Clarksville Pike and 24th Avenue North (2.25 acres), as being Property Parcel No. 123 as designated on Map 081-02, as being Property Parcel Nos. 283, 285, 286, 287, 288, 289, 480, 485 as designated on Map 081-06, and as being Property Parcel Nos. 001, 002, 003 as designated on Map 081-06-B 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. 081 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 retail.

Section 4. 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 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 CS zoning district as of the date of the applicable request or application.

Section 7. Be it further enacted, that all development within the boundaries of this plan shall meet the requirements of the Americans with Disabilities Act.

Section 8. 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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AMENDMENT NO. 1
TO
SUBSTITUTE ORDINANCE NO. BL2009-590

Madam President:

I move to amend Substitute Ordinance No. BL2009-590 by modifying it as follows:

By adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:

“Section 3. Be it further enacted, that the following conditions shall be met:

1. Prior to final site plan approval, the SP plan shall include a set of building materials and elevations for the building, which shall be reviewed and approved by the Planning Department.

2. Prior to final site plan approval, the SP plan shall include a landscape plan, list of proposed trees and shrub species and a tree density unit table, which shall be reviewed and approved by the Urban Forester.

3. All Public Works recommendations shall be satisfied on the SP final site plan.

4. Prior to final site plan approval, the SP plan shall include sign details. In addition to signs prohibited by Section 17.32.050 of the Metro Zoning Ordinance, prohibited signs include roof mounted signs, pole mounted signs, billboards, and signs that flash, rotate, scintillate, blink, flicker or vary in intensity or color, including all electronic signs. Permitted signs include wall mounted signs with a maximum sign area of 48 square feet. Monument signs shall have a maximum sign area of 48 square feet and shall not exceed six feet in height or three feet in height if any portion of the sign is located within 15 feet of the driveway. Signs shall not be back-lit but may be spotlighted, or externally-lit. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct or indirect ambient light.

5. Prior to the recording of the final plat to consolidate these properties, a Mandatory Referral for the closure of alley #1609 shall be approved by the Metro Council.

6. Prior to the issuance of any grading or building permits, all lots included in this SP district shall be consolidated.”

Sponsored by: Frank Harrison

LEGISLATIVE HISTORY
Introduced:	December 1, 2009
Substitute Introduced:	December 1 2009
Passed First Reading:	December 1 2009
Referred to:	Planning Commission - Approved 9-0 (December 10, 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