ORDINANCE NO. BL2012-194

SUBSTITUTE ORDINANCE NO. BL2012-194

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 IWD and CS to SP zoning for property located at 2050 Lucas Lane and a portion of property located at Lucas Lane (unnumbered), approximately 1,000 feet west of Dickerson Pike (30.49 acres) and located partially within the Floodplain Overlay District, to permit scrap operation, retail and office uses, all of which is described herein (Proposal No. 2012SP-015-001).

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 IWD and CS to SP zoning for property located at 2050 Lucas Lane and a portion of property located at Lucas Lane (unnumbered), approximately 1,000 feet west of Dickerson Pike (30.49 acres) and located partially within the Floodplain Overlay District, to permit scrap operation, retail and office uses being Part of Property Parcel No. 260 as designated on Map 071-07 and Property Parcel No. 200 as designated on Map 071-10 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and the Metropolitan Clerks Department 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 071 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 scrap operation, retail and office uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded, or satisfied, as specifically required:
1. Operations shall not commence prior to 7:00 a.m., and shall not continue after dark.
2. The existing vegetation buffer shall be retained to the maximum extent possible, and the required landscaping buffer shown on the site plan shall be constructed/installed on the side of the property facing the Shady Hills residential community.
3. All driving aisles shall be completely paved. Areas where cars are stored may be graveled.
4. Lighting shall be limited to one foot-candle at the property line.
5. Crushing equipment shall be located and shall remain as designated on the site plan, and shall be as far as is reasonably possible from the Shady Hills residential community.
6. The required fence as shown on the site plan shall be no less than eight (8) feet in height.
7. The facility on the site shall be operated strictly in accordance with the site plan submitted by LKQ as part of the application for the Specific Plan rezoning.

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 IWD 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:	July 3, 2012
Passed First Reading:	July 3, 2012
Referred to:	Planning Commission - Disapproved 8-0 (June 14, 2012) Planning & Zoning Committee
Deferred to September 4, 2012 (Public Hearing):	August 7, 2012
Passed Second Reading:	September 4, 2012
Substitute Introduced:	September 18, 2012
Passed Third Reading:	September 18, 2012
Approved:	September 19, 2012
By:
Effective:	September 24, 2012