SUBSTITUTE ORDINANCE NO. BL2015-1234

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 R40 to SP zoning for property located at 7125 Charlotte Pike, approximately 975 feet southwest of River Road (3.0 acres), to permit a mixed-use development, all of which is described herein (Proposal No. 2015Z-046PR-001).

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 R40 to SP zoning for property located at 7125 Charlotte Pike, approximately 975 feet southwest of River Road (3.0 acres), to permit a mixed-use development, being Property Parcel No. 015 as designated on Map 102-13 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by words and figures on the plan that 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 102 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 following conditions shall be completed, bonded or satisfied as specifically required:

1. No structure shall be more than two stories.
2. Building elevations for all street facades shall be provided with the final site plan.
3. The building materials shall include brick, stone, stucco or cementitious siding. Exposed concrete block, vinyl or aluminum siding, or sheet metal shall not be permitted.
4. The community signage shall not be roof mounted or pole mounted. The sign shall not flash, rotate, blink, scintillate, flicker, or vary intensity of color.
5. The maximum density for this site for residential uses shall be 15 units per acre. All other uses shall follow the bulk regulations applicable to the MUL zoning district.
6. The setbacks for this site shall be as follows:
front - 20 feet
sides - 5 feet
rear - 10 feet

Section 4. Be it further enacted, that this SP shall allow all uses permitted in the MUL zoning district except for the following uses:

Boarding House
Dormitory
Cash Advance
Check Cashing
Leasing/Sales Office
Title Loan
Auction House
Automobile Convenience
Car Wash
Custom Assembly
Automobile Parking
Bar or Nightclub
Beer and Cigarette Market
Donation Center, Drop-off
Flea Market
Hotel/Motel
Mobile Storage Unit
Pawn Shop
Restaurant, Fast Food
Commercial Amusement (Outside)
Consignment Sale

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 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:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Planning Commission - Approved (9-0) Planning & Zoning Committee
Passed Second Reading:	July 28, 2015
Substitute Introduced:	August 4, 2015
Passed Third Reading:	August 4, 2015
Approved:	August 10, 2015
By:
Effective:	August 14, 2015