SUBSTITUTE ORDINANCE NO. BL2009-396
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 OR20 to SP zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of South Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-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 OR20 to SP zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of S. Graycroft Avenue (0.05 acres), as being Part of Property Parcel No. 028 as designated on Map 051-00 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 Sheet No. 051 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 one sign.
Section 4. Be it further enacted, that the following conditions shall apply to the sign authorized pursuant to this ordinance:
1. The permitted sign shall be no taller than the height of the existing sign and no larger than 110% of the area of the existing sign currently on this site.
2. The sign shall be spaced at least 1,000 feet from any other electronic display sign and 500 feet from an existing residence.
3. All portions of the message must have a minimum duration of eight seconds and must be a static display. There shall be no appearance of a visual dissolve or fading, in which any part of one message, image or display appears simultaneously with any part of a second message, image or display. Further, there shall be no appearance of flashing or sudden bursts of light, and no appearance of video motion, animation, movement, or flow of the message, image or display.
4. All portions of the sign message must use an amber color.
5. The intensity and contrast of light levels shall remain constant throughout the sign face. The electronic components of the sign shall shut off between the hours of 10:00 p.m. and 6:00 a.m., and shall use automatic day/night dimming software to reduce the illumination intensity of the sign from dusk until 10:00 p.m.
6. The electronic display portion of the sign shall be integrated into a brick, stone or wood monument sign.
Section 5. Be it further enacted, that a copy of the preliminary SP plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. If a copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 6. Be it further enacted, that 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 in the plan that is part of this ordinance.
Section 7. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the OR20 zoning district as of the date of the applicable request or application.
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: Michael Craddock
|Introduced:||February 3, 2009|
|Passed First Reading:||February 3, 2009|
Commission - Disapproved 7-3
(February 12, 2009)
Planning & Zoning Committee
|Substitute Introduced:||March 3, 2009|
|Passed Second Reading:||March 3, 2009|
|Passed Third Reading:||March 17, 2009|
|Approved:||March 19, 2009|
|Effective:||March 23, 2009|