ORDINANCE NO. BL2015-1207

SECOND SUBSTITUTE ORDINANCE NO. BL2015-1207

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 RS15 to SP zoning for properties located at 7037 Highway 70 S and Highway 70 S (unnumbered), approximately 1,065 feet east of Old Hickory Boulevard (3.17 acres), to permit up to 23,500 square feet of commercial/office space, all of which is described herein (Proposal No. 2015SP-043-001).

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 RS15 to SP zoning for properties located at 7037 Highway 70 S and Highway 70 S (unnumbered), approximately 1,065 feet east of Old Hickory Boulevard (3.17 acres), to permit up to 23,500 square feet of commercial/office space, being Property Parcel Nos. 369, 370, and a portion of Property Parcel No. 106 as designated on Map 142-00 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 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 142 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 permit up to 23,500 square feet of commercial/office space.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Uses shall be limited to retail, restaurant, financial institution, general office, ATM, automobile parking, outpatient clinic, medical office, personal care services, business services, furniture store, day care, home improvement sales and commercial amusement (inside).
2. Maximum building height shall be measured to the top of the roofline.
3. Interior sidewalks shall be provided throughout the development and connect to the public sidewalk proposed along the Highway 70 South frontage.
4. The final site plan shall be reviewed and approved by the Planning Commission. The applicant shall work with Planning staff to reduce parking between the building and the street to no more than two rows, reorient the smaller commercial building so that it fronts the street, and provide adequate interior sidewalk connections.

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, or eliminate specific conditions or requirements contained in the plan as adopted through this enacting ordinance. Any addition of square footage in excess of 17,000 square feet or any vehicular access points not currently present or approved must be approved by Public Works and by the Planning Commission as a modification of this SP.

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 SCC 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.

LEGISLATIVE HISTORY
Introduced:	June 2, 2015
Passed First Reading:	June 2, 2015
Referred to:	Planning Commission Planning & Zoning Committee
Substitute Introduced:	July 7, 2015
Deferred to August 4, 2015 Public Hearing:	July 7, 2015
Passed Second Reading:	August 4, 2015
Substitute Introduced:	August 18, 2015
Passed Third Reading:	August 18, 2015
Approved:	August 19, 2015
By:
Effective:	August 21, 2015