ORDINANCE NO. BL2008-316
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 amending BL2007-1512 of the previously approved Myatt Drive Thornton’s Specific Plan for property located at the southeast corner of Anderson Lane and Myatt Drive (1.87 acres), approved for a 3,740 square foot automobile convenience market with 7 gas pumps, and to permit a 3,755 square foot automobile convenience market with 8 gas pumps, all of which is described herein (Proposal No. 2006SP-162G-04).
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 amending BL2007-1512 of the previously approved Myatt Drive Thornton’s Specific Plan for property located at the southeast corner of Anderson Lane and Myatt Drive (1.87 acres), approved for a 3,740 square foot automobile convenience market with 7 gas pumps, and to permit a 3,755 square foot automobile convenience market with 8 gas pumps, as being Property Parcel Nos. 069, 070 as designated on Map 043-07 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. 043 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. Permitted uses shall include automobile convenience. All other uses shall be prohibited.
2. Free standing signs shall be monument signs and shall have a maximum sign area of 48 square feet, and shall not exceed six (6) feet in height or three (3) feet in height of any portion of the sign located within 15 feet of a driveway.
3. The corrected copy of the development plan shall comply with the requirements of the Urban Forrester.
4. Street trees shall be required within the furnishing zone and shall be identified on the final site plan subject to approval of the Urban Forester and Metro Public Works.
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: Jim Forkum
|Introduced:||October 7, 2008|
|Passed First Reading:||October 7, 2008|
Commission - Approved 10-0
(August 14, 2008)
Planning & Zoning Committee
|Passed Second Reading:||November 6, 2008|
|Passed Third Reading:||November 18, 2008|
|Approved:||November 24, 2008|
|Effective:||November 26, 2008|