ORDINANCE NO. BL2015-1229

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 OL and RS10 to SP zoning for property located at Whitsett Road (unnumbered), immediately south of the intersection of Whitsett Road and Sterling Boone Drive, (1.99 acres), to permit a 2,800 square foot office with 5,000 square feet of storage, all of which is described herein (Proposal No. 2015SP-055-001).

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 OL and RS10 to SP zoning for property located at Whitsett Road (unnumbered), immediately south of the intersection of Whitsett Road and Sterling Boone Drive, (1.99 acres), to permit a 2,800 square foot office with 5,000 square feet of storage, being Property Parcel Nos. 038, 245 as designated on Map 119-10 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 119 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, office, and warehouse.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Note 1 shall be updated to reflect the use shown on the plan: “The purpose of this SP is to permit a 2,800 square foot office building and 5,000 square foot warehouse building for building contractor supply. Future uses shall specifically exclude automotive service and repair.”
2. The plan shall incorporate a Landscape Buffer Yard ‘Standard C’ between Whitsett Road and the proposed warehouse building and the parking east of the proposed warehouse.
3. Hours of outdoor operation are limited to the hours of 7:00am to 5:00pm, Monday through Saturday.

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 MUL-A 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: Tony Tenpenny

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LEGISLATIVE HISTORY

Introduced: July 7, 2015
Passed First Reading: July 7, 2015
Referred to: Planning Commission - Approved with conditions and disapproved without all conditions. (6-0)
Planning & Zoning Committee
Passed Second Reading: July 28, 2015
Passed Third Reading: August 4, 2015
Approved: August 10, 2015
By: Mayor's signature
Effective: August 14, 2015

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