ORDINANCE NO. BL2009-516

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 request for preliminary and final site plan approval for a proposed Planned Unit Development located at 1400 McGavock Pike, at the southeast corner of McGavock Pike and Riverside Drive, zoned CN (0.18 acres), to permit an existing 3,419 square foot restaurant an exemption from beer regulations requiring a 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-002-001).

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 1400 McGavock Pike, at the southeast corner of McGavock Pike and Riverside Drive, zoned CN (0.18 acres), to permit an existing 3,419 square foot restaurant an exemption from beer regulations requiring a 100 foot minimum distance from a residential use, as being Property Parcel No. 293 as designated on Map 072-07 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. 072 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 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: Erik Cole

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LEGISLATIVE HISTORY
Introduced:	August 6, 2009
Passed First Reading:	August 6, 2009
Referred to:	Planning Commission - Approved 7-0 (July 23, 2009) Planning & Zoning Committee
Passed Second Reading:	September 1, 2009
Passed Third Reading:	September 15, 2009
Approved:	September 22, 2009
By:
Effective:	September 28, 2009