ORDINANCE NO. BL2008-358

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 the Home Depot Planned Unit Development Overlay, approved by Council Bill BL2005-881, located at Gallatin Pike (unnumbered), at the northwest corner of Gallatin Pike and Joyce Lane, classified SCR (1.81 acres), to delete Condition #20 restricting access to Joyce Lane and to allow for the development of a 4,952 square foot financial institution, replacing two 3,600 square foot restaurants, all of which is described herein (Proposal No. 2005P-027U-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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending the Home Depot Planned Unit Development Overlay, approved by Council Bill BL2005-881, located at Gallatin Pike (unnumbered), at the northwest corner of Gallatin Pike and Joyce Lane, classified SCR (1.81 acres), to delete Condition #20 restricting access to Joyce Lane and to allow for the development of a 4,952 square foot financial institution, replacing two 3,600 square foot restaurants, as being Property Parcel No. 205 as designated on Map 061-03 and Property Parcel No. as designated on Map of 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 attached plan that was duly considered by the 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. 061 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 two existing log cabins on the site shall be preserved from any negative impacts resulting from the planning, installing, running, and maintaining of the irrigation system for the landscape buffer yards.

Section 4. Be it further enacted, that the access to the site from Joyce Lane shall be a right-in only.

Section 5. 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 6. 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: Michael Craddock

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LEGISLATIVE HISTORY
Introduced:	December 2, 2008
Passed First Reading:	December 2, 2008
Referred to:	Planning Commission - Approved 8-0 (October 23, 2008) Planning & Zoning Committee
Passed Second Reading:	January 6, 2009
Passed Third Reading:	January 20, 2009
Approved:	January 22, 2009
By:
Effective:	January 26, 2009