ORDINANCE NO. BL2015-1170

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 Potter Specific Plan District to revise the building locations of the approved plan on property located at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road, zoned SP (3.41 acres), all of which is described herein (Proposal No. 2010SP-011-002).

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:

A request to amend the Potter Specific Plan District to revise the building locations of the approved plan on property located at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road, zoned SP (3.41 acres), being Property Parcel No. 086 as designated on Map 127-00 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 127 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 Restaurant, Full-Service and Financial Institution.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. No vegetation shall be removed from the area labeled as undisturbed area, unless prior approval is received from the Planning Commission.
2. Permitted signs shall include building signs and freestanding signs that are externally lit or may be internally illuminated or back-lit with a diffused or shielded light source. Building mounted signs shall be a maximum of 5% of the first floor façade area or 50 square feet, whichever is smaller and shall be limited to 2 signs per building. Up to two ground signs, including 1 per frontage, at a maximum of 28 square feet in size and six feet in height, shall be permitted for the development.
3. 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.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.

Section 7. Be it further enacted, if a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the CL zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

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: Sheri Weiner

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LEGISLATIVE HISTORY
Introduced:	June 2, 2015
Passed First Reading:	June 2, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (7-0) Planning & Zoning Committee
Passed Second Reading:	July 7, 2015
Passed Third Reading:	July 21, 2015
Approved:	July 22, 2015
By:
Effective:	July 24, 2015