ORDINANCE NO. BL2012-176

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 SP zoning to permit a 7,500 square foot automobile repair and service facility to SP zoning to permit a 4,000 square foot automobile repair and service facility for property located at 2849 Logan Street, approximately 505 feet north of Thompson Lane (0.31 acres), all of which is described herein (Proposal No. 2012SP-010-001).

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 SP zoning to permit a 7,500 square foot automobile repair and service facility to SP zoning to permit a 4,000 square foot automobile repair and service facility for property located at 2849 Logan Street, approximately 505 feet north of Thompson Lane (0.31 acres), being Property Parcel No. 202 as designated on Map 119-09 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 Map 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 automobile repair and service.

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

1. Prior to Final Site Plan approval a list of building materials and knee wall materials shall be submitted and approved by staff and a landscape plan shall be submitted and approved by staff.

2. Signage shall be limited to monument style or wall mounted. Monument signs shall have maximum sign area of 48 square feet, and shall not exceed six feet in height or three feet in height if any portion of the sign is located within 15 feet of a driveway. Wall mounted building signs shall have a maximum sign area of 48 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.

3. Prior to the issuance of a Use and Occupancy permit, a sidewalk shall be constructed and accepted by Metro Public Works.

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 MUL 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: Tony Tenpenny, Robert Duvall, Phil Claiborne

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LEGISLATIVE HISTORY

Introduced: June 5, 2012
Passed First Reading: June 5, 2012
Referred to: Planning Commission- Approved with Conditions 7-0
(May 10, 2012)
Planning & Zoning Committee
Passed Second Reading: July 3, 2012
Passed Third Reading: July 17, 2012
Approved: July 19, 2012
By: mayor's signature
Effective: July 23, 2012