SUBSTITUTE ORDINANCE NO. BL2007-24An 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 a portion of property located at 4201 Hurricane Boulevard, at the southwest corner of Murfreesboro Pike and Hurricane Creek Boulevard (1.0 acres), to permit a car wash facility, all of which is described herein (Proposal No. 2007SP-163U-13).
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 a portion of property located at 4201 Hurricane Boulevard, at the southwest corner of Murfreesboro Pike and Hurricane Creek Boulevard (1.0 acres), to permit a car wash facility, as being part of Property Parcel No. 173 as designated on Map 175-00 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 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. 175
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 be included as a requirement for the issuance of any permits, including building permits and any use and occupancy permit.
1. The use in this SP is limited to a car wash.
2. Signage is limited to what is shown on the preliminary SP plan recommended for approval by the Planning Commission.
3. There shall be no outdoor loudspeakers or public address systems.
4. No vehicle may be stored or parked on the premises for the purpose of offering it for sale.
5. If located within 100 feet of a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to 8:00 a.m. or after 10:00 p.m. on any day of the week.
6. Whether automatic, free, self-service or by hand, the car wash structure (including wash bays) and any out door vacuuming machines or areas, shall be located at least fifty feet away from any residential zone district or district permitting residential use. All washing facilities shall be located within a structure which is enclosed except those openings necessary for vehicular and pedestrian access.
7. Car washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than 6 feet nor more than 8 feet in height. If the adjacent property is commercially developed and a solid wall already exists on the property line, the zoning administrator may modify or waive this requirement as necessary to achieve the purposes of this section.
8. No chain link fence shall be within 25 feet of any public right of way. No razor wire, barbed wire or similar materials shall be allowed on the property. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct ambient light.
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. 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.
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: Sam Coleman
|Introduced:||October 2, 2007|
|Passed First Reading:||October 2, 2007|
Commission - Approved 10-0
(October 25, 2007)
Planning & Zoning Committee
|Passed Second Reading:||November 6, 2007|
|Substitute Introduced:||November 20, 2007|
|Passed Third Reading:||November 20, 2007|
|Approved:||November 27, 2007|
|Effective:||November 29, 2007|