LEGISLATIVE HISTORY
(January 26, 2012)
Planning & Zoning Committee
ORDINANCE NO. BL2012-99
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 the SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, all of which is described herein (Proposal No. 2006SP-105-002).
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 amending the SP District (adopted with Council Bill BL2006-1229) for the previously approved H & M Motors Specific Plan District located at 1525 4th Avenue South, at the northwest corner of 4th Avenue South and Mallory Street (0.44 acres), to permit Auto Sales New, Auto Sales Used, Auto Service and all uses permitted by MUL-A zoning and to remove the condition required by BL2006-1229 for a sidewalk along Mallory Street, being Property Parcel No. 407 as designated on Map 105-07 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 105 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, Auto Service and all uses permitted by the MUL-A Zoning District.
Section 4. Be it further enacted, that all conditions Section 3 of Council Bill BL2006-1229 shall apply to this SP except the portion of Condition No. 2 that requires the construction and repair of sidewalks along Mallory Street.
Section 5. Be it further enacted, that all auto related signage shall be 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 signs on building faces located up to 50 feet from the property boundary along the public right of way shall have a maximum sign area of 48 square feet. Awning signs shall have a maximum sign area of 50 percent of the surface area of the awning. In addition to signs prohibited by Section 17.32.050 of the Metro Zoning Ordinance, prohibited signs 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. Signs shall not be back-lit but may be spotlighted, or externally-lit. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct or indirect ambient light.
Section 6. Be it further enacted, that the following note shall be added to the site plan:
Auto related uses shall be consistent with the approved site plan. Minor modifications to the site plan may be approved by the Planning Commission including changes in use but shall be subject to the standards, regulations and requirements of the MUL-A zoning district. Expansions of 25 percent of the total floor area of the originally approved final site plan or total redevelopment shall meet the standards, regulations and requirements for the MUL-A zoning district. Minor modifications may require a new final site plan and expansions of 25 percent of the total floor area of the approved site plan or total redevelopment shall require that a final site plan be approved by the Planning Commission.
Section 7. Be it further enacted that, a final corrected copy of the amended 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 final 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 final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
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: Sandra Moore
AMENDMENT NO. 1
TO
ORDINANCE NO. BL2012-99
Madam President:
I move to amend Ordinance No. BL2012-99 by modifying it as follows:
By deleting Section 4 in its entirety and replacing it with the following new Section 4:
“Section 4. Be it further enacted, that all conditions Section 3 of Council Bill BL2006-1229 shall apply to this SP except the portion of Condition No. 2 that requires the construction and repair of sidewalks along Mallory Street. In lieu of construction of the sidewalk along Mallory Street, the applicant shall make a contribution of $4,250 towards the construction of a sidewalk in another location within the same pedestrian benefit zone.”
Sponsored by: Sandra Moore
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | February 7, 2012 |
| Passed First Reading: | February 7, 2012 |
| Referred to: | Planning
Commission - Approved 8-0 (January 26, 2012) Planning & Zoning Committee |
| Passed Second Reading: | March 6, 2012 |
| Deferred Indefinitely: | March 20, 2012 |
| Put back on June 5, 2012 Agenda: | May 14, 2012 |
| Deferred: | June 5, 2012 |
| Deferred: | June 19, 2012 |
| Amended: | July 3, 2012 |
| Passed Third Reading: | July 3, 2012 |
| Approved: | July 5, 2012 |
| By: | |
| Effective: | July 9, 2012 |