ORDINANCE NO. BL2009-387

ORDINANCE NO. BL2009-387

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 a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, all of which is more particularly described herein (Proposal No. 1-72-U-07).

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 a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, as being Property Parcel Nos. 001, 117 as designated on Map 102-08 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 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. 102 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 a corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval 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 preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 4. 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.

LEGISLATIVE HISTORY
Introduced:	February 3, 2009
Passed First Reading:	February 3, 2009
Referred to:	Planning Commission - Approved 9-0 (January 22, 2009) Planning & Zoning Committee
Passed Second Reading:	March 3, 2009
Amended:	March 17, 2009
Passed Third Reading:	March 17, 2009
Approved:	March 19, 2009
By:
Effective:	March 23, 2009