ORDINANCE NO. BL2016-409

SUBSTITUTE ORDINANCE NO. BL2016-409

A request to rezone from R80 to SP zoning for property located at 7897 Old Charlotte Pike, approximately 1,050 feet northeast of Fire Tower Road, (8.2 acres), to permit all uses permitted by R80 and a kennel (only permitted with issuance of a special exception permit by Board of Zoning Appeals in accordance with the development standards of Section 17.16.175.A), requested by Dale & Associates, Inc., applicant; The Mountain view Trust, owner (Proposal No. 2016SP-086-001).

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 R80 to SP zoning for property located at 7897 Old Charlotte Pike, approximately 1,050 feet northeast of Fire Tower Road, (8.2 acres), as being Property Parcel No. 189 as designated on Map 113-00 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 No. 113 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. Uses within this SP shall be limited to uses permitted by R80 zoning district and a kennel (only
permitted with issuance of a special exception permit by Board of Zoning Appeals in accordance with the development standards of Section 17.16.175.A).
2. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

Section 4. 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 5. 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 6. 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 R80 zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

Section 7. 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:	September 6, 2016
Passed First Reading:	September 6, 2016
Referred to:	Planning Commission - Disapproved (7-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 4, 2016
Substitute Introduced:	October 4, 2016
Passed Second Reading:	October 4, 2016
Re-Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (10-0)
Deferred to November 15, 2016:	October 4, 2016
Deferred to December 20, 2016:	November 15, 2016
Passed Third Reading:	December 20, 2016
Approved:	December 21, 2016
By:
Effective:	December 23, 2016