ORDINANCE NO. BL2012-303

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 amending a portion of the Nashboro Village Planned Unit Development Overlay District for property located at Nashboro Boulevard (unnumbered), east of Murfreesboro Pike, zoned RM6 (1.70 acres), to add conditions applicable to the daycare facility use already approved for the property, all of which is described herein (Proposal No. 74-79P-011).

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 amending a portion of the Nashboro Village Planned Unit Development Overlay District for property located at Nashboro Boulevard (unnumbered), approximately 1,500 feet east of Murfreesboro Pike, zoned RM6 (1.70 acres), being Property Parcel No. 317 as designated on Map 135-00 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, to add conditions applicable to the daycare facility use already approved for the property, 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 135 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 following conditions shall be completed or satisfied, as specifically required:
1. The maximum number of children at the daycare facility shall be 75.
2. The parking and tree density requirements of the zoning code shall apply to the development.
3. The site plan's interior landscaping requirements around the play area shall be a minimum landscape B buffer.
4. Wrought-iron, brick, stone, aluminum, or wooden fencing consistent with other fencing within Nashboro Village shall be installed along Nashboro Boulevard for the protection of the children. Chain link fencing shall be prohibited.

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: Karen Johnson

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2012-303

Madam President:

I move to amend Ordinance No. BL2012-303 by deleting Section 3 in its entirety and replacing in with the following new Section 3.

Section 3. Be it further enacted, that the following conditions shall be completed or satisfied, as specifically required:

1. The parking and tree density requirements of the zoning code shall apply to the development.

2. The site plan's interior landscaping requirements shall include landscape buffers around the play area to screen this area from adjoining properties.

3. Wrought-iron, brick, stone, aluminum, or wooden fencing consistent with other fencing within Nashboro Village shall be installed along Nashboro Boulevard for the protection of the children. Chain link fencing shall be prohibited.

Sponsored by: Karen Johnson

LEGISLATIVE HISTORY

Introduced: November 13, 2012
Passed First Reading: November 13, 2012
Referred to: Planning Commission - Approved with conditions 7-0
(November 8, 2012)
Planning & Zoning Committee
Passed Second Reading: December 4, 2012
Amended: December 18, 2012
Passed Third Reading: December 18, 2012
Approved: December 19, 2012
By: mayor's signature
Effective: December 24, 2012