ORDINANCE NO. BL2014-709

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, R6 and RM40 to SP zoning for properties located at 5000 and 5002 Delaware Avenue and 604 51st Avenue North, at the northeast corner of 51st Avenue North and Delaware Avenue (1.17 Acres), to permit the expansion of an existing contractor supply sales/construction rental facility and office and retail uses, all of which is described herein (Proposal No. 2014SP-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, R6 and RM40 to SP zoning for properties located at 5000 and 5002 Delaware Avenue and 604 51st Avenue North, at the northeast corner of 51st Avenue North and Delaware Avenue (1.17 Acres), to permit the expansion of an existing contractor supply sales/construction rental facility and office and retail uses, being Property Parcel Nos. 268, 269, 328 as designated on Map 091-11 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 Metropolitan Clerk’s 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 091 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 building contractor supply, retail and office uses.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Prior to the SP Final Site Plan approval, plans shall show the pull in parking and associated pavement located within the right-of-way on 51st Avenue North removed, and parking relocated parking on site. Prior to a Use and Occupancy permit, the pavement along 51st Avenue North shall be removed and parking shall be relocated on site.
2. All parking and/or storage areas must be a hard dustless surface. No gravel will be permitted. To meet Metro Stormwater requirements, pervious pavement is encouraged.
3. Prior to a Use and Occupancy permit, asphalt located behind the sidewalk adjacent to Delaware Avenue must be removed and replaced with grass.
4. A detailed landscape plan shall be submitted with the SP Final Site Plan to demonstrate that landscaping complies with the requirements of Sections 17.24.150 and 17.24.160 of the Zoning Code. There shall be adequate space on site for landscaping between the wrought iron fence and the right-of-way.
5. Signage shall meet the requirements of the MUL-A zoning district. Ground signs shall be limited to monument signs, and billboards and LED signs shall be prohibited.

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.

Sponsored by: Buddy Baker

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LEGISLATIVE HISTORY
Introduced:	March 4, 2014
Passed First Reading:	March 4, 2014
Referred to:	Planning Commission - Approved with Conditions 6-0 (February 13, 2014) Planning & Zoning Committee
Passed Second Reading:	April 1, 2014
Passed Third Reading:	April 15, 2014
Approved:	April 16, 2014
By:
Effective:	April 18, 2014