ORDINANCE NO. BL2008-278
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 SP, OR20, and R6 to SP for property bonded by Rosa Parks Boulevard on the west, Interstate – 65 on the south and Dominican Street on the south and east and located at 2004, 2006 and 2011 4th Avenue North; 1919, 1920, 1921, 1922, 1925, 1927, 2000 and 2006 5th Avenue North and 5th Avenue North (unnumbered); 1918, 1920, 1922, and 1924 6th Avenue North; 306, 308, 310, 312, 400, 402, 404, 408, and 410 Clay Street; and Rosa L. Parks Boulevard (unnumbered), to permit an auto dealership with a 65,000 square foot building and a 760 square foot telephone utility/communication facility (6.94 acres) all of which is described herein (Proposal No. 2006SP-108U-08).
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 SP, OR20, and R6 to SP for property bonded by Rosa Parks Boulevard on the west, Interstate – 65 on the south and Dominican Street on the south and east and located at 2004, 2006, and 2011 4th Avenue North; 1919, 1920, 1921, 1922, 1925, 1927, 2000 and 2006 5th Avenue North and 5th Avenue North (unnumbered); 1918, 1920, 1922, and 1924 6th Avenue North; 306, 308, 310, 312, 400, 402, 404, 408, and 410 Clay Street; and Rosa L. Parks Boulevard (unnumbered), to permit an auto dealership with a 65,000 square foot building and a 760 square foot telephone utility/communication facility, (6.94 acres), as being Property Parcel Nos. 098, 099, 100, 101, 102, 103, 104, 105, 106, 107, 111, 113, 114, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 144, 145, 256, 257, 259 as designated on Map 081-04 and Property Parcel No. 079 as designated on Map 081-08 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. 081 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 completed, bonded or satisfied prior to the issuance of any permits, or as otherwise specifically required in the condition:
1. Uses permitted within this SP district shall be limited to automobile sales new and used, automobile services and repair, office, and telephone services as specified in the Metro Nashville Zoning Code. All other uses are prohibited.
2. The final site plan shall identify all signs. Free standing signs shall be limited to one sign on Rosa Parks Boulevard and one sign on Dominican Street. Free standing signs shall not exceed 6 feet in height and shall not exceed a combined total of 72 square feet. All other signs shall meet the sign requirements as specified in the Metro Zoning Code for the CS zoning district.
3. Prior to approval of the final site plan the landscaping plan shall be approved by Planning Staff and shall meet the intent of the area’s special policy. A brick or stone knee wall shall be incorporated into the landscaping plan along Rosa Parks and shall be placed along the back side of the sidewalk.
4. A Traffic Impact Study (TIS) shall be required and shall be submitted and approved by Metro Public Works prior to approval of any final site plan. If the TIS demonstrates that the access points shown on the development plan are not sufficient then the final site plan may vary from the Council approved development plan as long as it does not alter the overall concept of the development plan.
5. Prior to approval of any final site plan a letter of approval from TDOT to construct driveway onto Rosa Parks Boulevard shall be submitted to the Department of Public Works.
6. Prior to approval of any final site plan a Mandatory Referral application for the abandonment for a portion of Clay Street and 5th Ave N, 6th Ave N, and Alley #207 shall be submitted to the Department of Public Works and shall be approved by Metro Council.
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 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: Frank Harrison
|Introduced:||August 7, 2008|
|Passed First Reading:||August 7, 2008|
Commission - Approved 9-0
(July 24, 2008)
Planning & Zoning Committee
|Passed Second Reading:||September 2, 2008|
|Passed Third Reading:||September 16, 2008|
|Approved:||September 19, 2008|
|Effective:||September 22, 2008|