ORDINANCE NO. BL2010-739

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 OL to SP zoning for property located at 2901 Dobbs Avenue, at the southwest corner of Dobbs Avenue and Thompson Lane (0.33 acres), to permit an existing office building to be used as a personal care service use, all of which is described herein (Proposal No. 2010SP-008-001).

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 OL to SP zoning for property located at 2901 Dobbs Avenue, at the southwest corner of Dobbs Avenue and Thompson Lane (0.33 acres), to permit an existing office building to be used as a personal care service use, as being Property Parcel No. 209 as designated on Map 119-10 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. 119 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 beauty and barber care as under the definition of personal care services, general office, and medical office.

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

1. A Type-C landscape buffer shall be shown on the corrected copy of the preliminary SP plan along the south property line, extending from the building to the southwest corner of the property. The required shrubs and under-story trees associated with the buffer may be substituted with an opaque fence with a minimum height of 6 feet.
2. All sign permit applications shall be reviewed by Planning staff. Signage shall follow Zoning Code requirements for the OL zoning district, except as follows:
a. Ground signs shall be monument-style with a consistent base that is at least as wide as the sign background area.
b. A maximum of one ground sign is allowed within the property
c. The ground sign shall have a maximum height of 6 feet and a maximum display area of 32 square feet.
d. The ground sign shall not be internally-illuminated.
e. Building signs are not permitted.
3. Prior to the issuance of building permits or use and occupancy permits, sidewalks shall be constructed along the Dobbs Avenue and Thompson Lane frontages or, a payment shall be made to Metro Public Works in lieu of sidewalk construction per the standard requirements in the Zoning Code or, the sidewalk shall be placed behind the ditch, outside of the right-of-way and within a pedestrian easement, with only the sections abutting the adjacent properties within the right-of-way to allow for future connections or, the applicant shall work with the Public Works Department to provide an equal amount of sidewalk elsewhere in the same Pedestrian Benefit Zone.

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 OL 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: Anna Page

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