SUBSTITUTE ORDINANCE NO. BL2010-673

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 R40 to SP zoning for property located at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road and within the Floodplain Overlay District (3.37 acres) to permit certain uses permitted in the CL zoning district, as being Property Parcel No. 086 as designated on Map 127-00 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. 127 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 the uses included on the plan.

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

1. The corrected copy of the plan shall show the building closest to the street oriented towards the streets and show pedestrian access from this building to the sidewalk.
2. The corrected copy of the plan shall show the Floodplain Overlay District
3. Permitted signs shall include building signs and freestanding ground signs that are externally lit or may be internally illuminated or back-lit with a diffused or shielded light source. Building mounted signs shall be a maximum of 5% of the first floor façade area or 50 square feet, whichever is smaller and shall be limited to one sign per business. Up to two ground signs, including one per frontage, at a maximum of 28 square feet in size and six feet in height, shall be permitted for the development.
4. 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.
5. An overall sign program for multiple tenant buildings will be required with the final site plan.
6. Prior to an application for final site plan approval, the applicant shall obtain a sewer and water availability letter from the Utility District. Any requirements of the Harpeth Valley Utility District shall be met prior to final site plan approval.
7. Prior to final site plan approval, the requirements of the Public Works Department shall be met.

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 CL 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.

Sponsored by: Eric Crafton

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Amendment No. 1
To
Substitute Ordinance No. BL2010-673

Madam President:

I move to amendment Substitute Ordinance No. BL2010-673 by renumbering Section 8 as Section 9, and by adding the following new Section 8:

“Section 8. Be it further enacted, that development of the property shall be in compliance with all applicable laws, rules, and/or regulations regarding the development of floodplain property in effect as of November 1, 2010.”

Sponsored by: Eric Crafton