ORDINANCE NO. BL2009-403

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 proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 square feet an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described herein (Proposal No. 2009P-001-001).

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 making applicable the provisions of a property located at a final site plan approval for a proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 square feet an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, as being Property Parcel Nos. 258, 259 as designated on Map 083-06 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. 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, a final corrected copy of the PUD master development plan incorporating the conditions of approval by the Planning Commission and Council, including the condition that the dumpster area shall be screened with opaque or wooden fencing, 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 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.

Sponsored by: Mike Jameson

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LEGISLATIVE HISTORY
Introduced:	February 3, 2009
Passed First Reading:	February 3, 2009
Referred to:	Planning Commission - Approved 9-0 (January 29, 2009) Planning & Zoning Committee
Passed Second Reading:	March 3, 2009
Passed Third Reading:	March 17, 2009
Approved:	March 19, 2009
By:
Effective:	March 23, 2009