ORDINANCE NO. BL2011-846
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 CS to SP zoning for property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, all of which is described herein (Proposal No. 2011SP-001-001).
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 CS to SP zoning for property located at 2724 Elm Hill Pike, approximately 900 feet west of Donelson Pike (1.28 acres), to permit hotel and restaurant uses, being Property Parcel No. 154 as designated on Map 096-13 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 096 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 hotel and restaurant.
Section 4. 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. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. 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 5. 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 6. 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 CS zoning district as of the date of the applicable request or application.
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.
Sponsored by: Phil Claiborne
AMENDMENT NO. 1
ORDINANCE NO. BL2010-846
I move to amend Ordinance No. BL2010-846 by modifying it as follows:
By adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions shall apply:
1. Ground signs within the SP shall be limited to a maximum height of 15 feet.
2. An amendment to the SP shall be required with the future incorporation of a restaurant use as a primary use.
3. The following shall be added to corrected copy of the preliminary SP plan:
a. Along Elm Hill Pike, label and dimension right-of-way, show and label edge of pavement, show five foot sidewalk, four foot grass strip, curb and gutter, and a minimum two foot paved shoulder.
b. Show driveway ramp per Metro ST-324.
4. The following shall be met prior to the approval of building permits:
a. Public Works shall be contacted for details on connecting street improvements to the adjacent project.
b. One of the following shall be completed:
1. An access and parking study shall be approved by Metro Public Works,
2. A parking study shall be approved by Metro Public Works and a left turn lane on Elm Hill Pike shall be constructed that is coordinated with the left turn lane on the adjacent property and that provides adequate sight distance at access.
Sponsored by: Phil Claiborne
|Introduced:||February 1, 2011|
|Passed First Reading:||February 1, 2011|
Planning & Zoning Committee
|Passed Second Reading:||March 1, 2011|
|Amended:||March 15, 2011|
|Passed Third Reading:||March 15, 2011|
|Approved:||March 22, 2011|
|Effective:||March 28, 2011|