ORDINANCE NO. BL2010-664

ORDINANCE NO. BL2010-664

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 OR20 and IWD to SP zoning for properties located at 401, 403, 405, and 407 Veritas Street and a portion of property located at 410 Allied Drive, approximately 160 feet west of Nolensville Pike (1.06 acres), to permit a one-story, office and warehouse addition to an existing warehouse facility located at 410 Allied Drive, all of which is described herein (Proposal No. 2009SP-015-001).

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 OR20 and IWD to SP zoning for properties located at 401, 403, 405, and 407 Veritas Street and a portion of property located at 410 Allied Drive, approximately 160 feet west of Nolensville Pike (1.06 acres), to permit a one-story, office and warehouse addition to an existing warehouse facility located at 410 Allied Drive, as being Property Parcel Nos. 029, 030, 031, 271 and part of Parcel No. 261 as designated on Map 133-06 as designated on Map 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. 133 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 warehouse, distribution, and general office with all vehicular access to the warehouses to be from Allied Drive.

Section 4. Be it further enacted, that the following conditions shall be added as notes to the corrected copy of the preliminary SP plan required in Section 5 and be completed, bonded or satisfied as specifically required:

1. Prior to the issuance of building permits, the properties included in the SP shall be consolidated into one lot and the final plat shall include a dedication for an alley along the western property edge. Prior to final plat recordation, the abandonment of the unnumbered alley and portion of Alley No. 1916 shall be approved by Council and the required alley and sidewalks shall be constructed or bonded.

2. The stone pillars of the proposed fence shall be no taller than 4 feet and the wrought iron sections shall be no taller than 3 feet. Prior to final site plan approval, details of the fence gateway shall be reviewed and approved by staff.

3. The Use and Occupancy permit for the office portion shall be issued prior to or in conjunction with the Use and Occupancy permit for the warehouse portion.

4. Signs shall be limited to one monument style sign no larger than 3 feet tall by 4 feet wide or one building mounted sign no larger than 28 square feet. In addition to signs prohibited by Section 17.32.050 of the Metro Zoning Ordinance, prohibited signs shall 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. The sign shall be externally lit with steady, stationary, down directed, light sources A monument style sign may be lit from a ground lighting source. Any additional lighting of the Veritas Street frontage shall be limited to standard residential lighting.

5. During the construction plan phase, the applicant shall work with Public Works to eliminate the fork in the sidewalk on Veritas Street to enable future extension of that sidewalk to adjacent properties.

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 IWD zoning district as of the date of the applicable request or application.

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.

LEGISLATIVE HISTORY
Introduced:	April 6, 2010
Passed First Reading:	April 6, 2010
Referred to:	Planning Commission - Approved 8-0 (January 14, 2010) Planning & Zoning Committee
Passed Second Reading:	June 8, 2010
Deferred:	June 15, 2010
Amended:	July 20, 2010
Passed Third Reading:	July 20, 2010
Approved:	July 23, 2010
By:
Effective:	August 2, 2010