ORDINANCE NO. BL2008-134

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 making applicable the provisions of a Planned Unit Development located at 2038 Greenwood Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.37 acres), to permit the existing restaurant of approximately 4,000 square feet, an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described here in (Proposal No. 2008P-001U-05).

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 making applicable the provisions of a Planned Unit Development property located at 2038 Greenwood Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.37 acres), to permit the existing restaurant of approximately 4,000 square feet, an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, as being Property Parcel No. 064 as designated on Map 083-03 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. 083 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 specifically required in the condition.
1. There shall be no pole signs allowed, and all free standing signs shall be monument type not to exceed five feet in height. Changeable LED, video signs or similar signs allowing automatic changeable messages shall be prohibited. All other signs shall meet the base zoning requirements, and must be approved by the Metro Department of Codes Administration.

Section 4. Be it further enacted that, a final corrected copy of the PUD master development 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 this ordinance. If a final corrected copy of the PUD plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the PUD plan shall be presented to the Metro Council as a new preliminary PUD master development plan 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 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: Mike Jameson

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LEGISLATIVE HISTORY
Introduced:	February 5, 2008
Passed First Reading:	February 5, 2008
Referred to:	Planning Commission - Approved 6-0 (January 10, 2008) Planning & Zoning Committee
Passed Second Reading:	March 4, 2008
Passed Third Reading:	March 18, 2008
Approved:	March 20, 2008
By:
Effective:	March 24, 2008