ORDINANCE NO. BL2011-878

ORDINANCE NO. BL2011-878

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 CS to SP zoning for property located at 2610 Lebanon Pike, at the northwest corner of Lebanon Pike and Shady Grove Road and located within the Downtown Donelson Urban Design Overlay District (0.56 acres), to permit automobile sales (new and used) and automobile service, (0.56 acres), all of which is described herein (Proposal No. 2011SP-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 CS to SP zoning for property located at 2610 Lebanon Pike, at the northwest corner of Lebanon Pike and Shady Grove Road and located within the Downtown Donelson Urban Design Overlay District (0.56 acres), to permit automobile sales (new and used) and automobile service, being Property Parcel No. 018 as designated on Map 095-04 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 attached sketch, which is attached to 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 Map 095 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 auto sales new, auto sales used and auto service.

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

1. All applicable standards of the Downtown Donelson Urban Design Overlay shall be met by development within this SP unless modified by the SP.

2. All signs shall meet the Downtown Donelson Urban Design Overlay. Signs shall be spotlighted or back lit with a diffused light source. Back-lighting shall illuminate only the letter, characters, or graphics, but not the background.

3. Prior to the issuance of permits, a public pedestrian access easement shall be dedicated along the Lebanon Pike and Shady Grove frontages to include the public sidewalk and landscaping planter area.

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 CS 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 5, 2011
Amended:	April 5, 2011
Passed First Reading:	April 5, 2011
Referred to:	Planning Commission - Approved 7-0 (March 10, 2011) Planning & Zoning Committee
Passed Second Reading:	May 3, 2011
Passed Third Reading:	May 17, 2011
Approved:	May 20, 2011
By:
Effective:	May 26, 2011