SUBSTITUTE ORDINANCE NO. BL2010-736

WHERAS Title 17 of the Metropolitan Code of Laws allows for an alternative zoning process that permits land uses and alternative development standards as may be required to address the unique characteristics of an individual property through a site specific plan adopted as a Specific Plan (SP) District; and

WHEREAS the Gallatin Pike Improvement District Specific Plan consisting of text, exhibits, and maps currently exists as previously approved by Ordinance No. BL2007-1523, and subsequently amended by BL2008-198 and BL2009-476 to various properties located along Main Street, Gallatin Pike and Gallatin Avenue;

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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending portions of the Gallatin Pike Improvement District Specific Plan (SP) zoning district, as enacted by Ordinance No. BL2007-1523 and amended by Ordinance No. BL2008-198 and BL2009-476, applicable to various properties located (along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue and between Cahal Avenue and Burchwood Avenue (27.41 acres), by deleting the Mixed Housing land use category and replacing with the Mixed Use land use category of the Gallatin Pike SP and permitting Animal Boarding Facilities with conditions, as being various Property Parcel Nos. as designated on Maps 072-10, 072-13, 072-14, 083-01 and 083-05 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all which is described by lines, words and figures on the plan which is on file with the Metropolitan Planning Department and is 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 Nos. 072 and 083 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 Animal Boarding Facilities shall be added as a use permitted with conditions in the Mixed Use land use category of the Gallatin Pike SP for properties located (along Main Street, Gallatin Pike and Gallatin Avenue between Chicamauga Avenue and Greenwood Avenue in Subdistrict 1 and between Cahal Avenue and Burchwood Avenue in Subdistrict 2 with the following conditions:

1. Setback. No part of any building or structure in which animals are housed shall be closer than two hundred feet, and no kennel run shall be located within one hundred feet, from any existing residence.

2. Building Temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

3. Cages. Each animal boarded at the facility shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

4. Runs. Each run must have at least a six-foot high fence completely surrounding it. Fences must be maintained in escape-proof condition. Runs shall provide an adequate exercise area and protection from the weather. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

5. Watering of Animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

6. On-Site Waste Collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams or rivers.

7. Modifications to the Conditions. The Planning Commission may modify the conditions above if the proposed modification is consistent with the principles and further the objectives of the Gallatin Pike SP.

Section 4. 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: Jamie Hollin

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LEGISLATIVE HISTORY
Introduced:	August 3, 2010
Passed First Reading:	August 3, 2010
Referred to:	Planning Commission - Approved 7-0 (July 22, 2010) Planning & Zoning Committee
Substitute Introduced:	September 7, 2010
Passed Second Reading:	September 7, 2010
Deferred:	September 21, 2010
Passed Third Reading:	October 5, 2010
Approved:	October 7, 2010
By:
Effective:	October 11, 2010