ORDINANCE NO. BL2009-593
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 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, all of which is described herein (Proposal No. 2009SP-029-001).
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 630 Murfreesboro Pike, at the northwest corner of Murfreesboro Pike and Transit Avenue (2.65 acres), to permit auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning, as being Property Parcel No. 073 as designated on Map 106-06 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. 106 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 auto sales, vehicular leasing, vehicular sales and services, limited, heavy equipment sales and service, auto repair, a car wash, and all other uses permitted by CS zoning
Section 4. Be it further enacted, that following conditions be completed, bonded, or satisfied as specifically required:
1. For any new auto or equipment-related use on a site vacated by a previous auto-related use for more than 30 months or for any new auto or equipment-related uses elsewhere on the SP, the following shall apply:
a. There shall be a physical separation of the automobile or equipment display area or parking area from the sidewalk on Murfreesboro Pike and 25 feet along any public right-of-way intersecting Murfreesboro Pike by a knee wall. The knee wall shall be 24 inches in height, and shall be constructed of either:
o concrete, stone, split-faced masonry or other similar materials; or
o masonry pillars with wrought iron or similar materials between pillars.
Where there is a retaining wall separating the sidewalk from the automobile or equipment display area of at least 20”, a wrought iron fence or fence with similar character of at least 20” may be substituted for the knee wall.
b. No chain link fence shall be within 25 feet of the Murfreesboro Pike public right-of-way. No razor wire, barbed wire or similar material shall be within 25 feet of any public right-of-way.
c. All interior landscaping requirements of the Zoning Code shall be met, including a minimum of eight percent interior landscaping.
d. All light and glare shall be directed on-site to ensure surrounding properties are not adversely affected by increases in direct or indirect ambient light.
e. Other than garage doors or other entranceways existing as of the effective date of this ordinance, no garage doors or other entryways that provide vehicular access into a building or structure shall face any public right-of-way. In instances where it is physically impossible to meet this requirement, entryways must be oriented in a way that is least visible from any public right-of-way. Landscaping or other methods may be utilized to screen entryways.
f. All automobile/equipment repair and/or service activities, as defined by Metro Code, shall be provided within the confines of an enclosed structure, or where permitted, within the rear yard behind a structure and not visible from any public right-of-way or residential structure.
g. Inoperable vehicles or equipment shall be confined within an enclosed structure, or where permitted, within the rear yard behind a structure, and not visible from any public right-of-way or residential structure.
2. For uses permitted in the CS zoning district, the sign regulations for the CS zoning district shall apply. The following sign restrictions apply to signs for new auto or equipment-related uses on the site of the existing used auto sales lot or the body shop estimate center if they are vacant for greater than 30 months or if new auto or equipment-related uses are added elsewhere on the SP.
a. One wall-mounted sign and one monument sign per business, the monument sign may be two sided with the maximum area allowed shall be per side, informational signs and temporary signs. Signage is limited to a maximum of two monument style signs per street frontage. Monument signs shall be limited to a maximum of five feet in height, or three feet in height for any portion of the sign located within 15 feet of a driveway. All other signs shall be prohibited. Signs shall not be back-lit but may be spotlighted, or externally-lit and no electronic signs shall be permitted.
b. Based on the frontage of the lot associated with the business, for frontage up to 100 feet in length any one sign may be a maximum of 60 feet but the total signage per business shall not exceed 60 square feet. For frontages greater than 100 feet in length, any one sign may be a maximum of 96 square feet but the total signage per business shall not exceed 96 square feet.
Section 5. 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 6. 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 7. 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 8. 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: Sandra Moore
|Introduced:||December 1, 2009|
|Passed First Reading:||December 1, 2009|
Commission - Approved 6-0
(November 12, 2009)
Planning & Zoning Committee
|Passed Second Reading:||January 5, 2010|
|Passed Third Reading:||January 19, 2010|
|Approved:||January 20, 2010|
|Effective:||January 25, 2010|