ORDINANCE NO. BL2009-428
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 CF to SP zoning for property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair and all other uses permitted in the CF zoning district, all of which is described herein (Proposal No. 2009SP-004-001).
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 CF to SP zoning for property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair, and all other uses permitted in the CF zoning district, as being Property Parcel No. 499 as designated on Map 093-14 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 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. 093 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 wrecker service, automobile repair, and all use permitted in the CF zoning district.
Section 4. Be it further enacted, that an SP Final Site plan shall be required for any future redevelopment of the site. The Final Site Plan shall meet the requirements of the SP district for wrecker services and auto repair uses and the CF standards of the Zoning Code shall apply for uses permitted under the CF zoning district.
Section 5. Be it further enacted, that signage shall be limited to one building sign only that shall not exceed 40 square feet and shall not be lit.
Section 6. Be it further enacted, that a corrected 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 corrected 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 corrected 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 7. 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 8. 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 CF zoning district as of the date of the applicable request or application.
Section 9. 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: Erica Gilmore
Amendment No. 1
Ordinance No. BL2009-428
I move to amend Ordinance No. BL2009-428 by adding the following new Section 6 and renumbering the remaining sections of the Ordinance accordingly:
“Section 6. Be it further enacted that appropriate fencing not less than eight feet in height shall be used to shield the commercial activity from the public right-of-way and any residentially-zoned property.”
Sponsored by: Erica Gilmore
|Introduced:||April 7, 2009|
|Passed First Reading:||April 7, 2009|
Commission - Approved 8-0
(March 12, 2009)
Planning & Zoning Committee
|Amended:||May 5, 2009|
|Passed Second Reading:||May 5, 2009|
|Deferred Indefinitely:||May 19, 2009|
Put back on Agenda for
July 14, 2009
|Passed Third Reading:||July 21, 2009|
|Approved:||July 23, 2009|
|Effective:||July 30, 2009|