ORDINANCE NO. BL2009-598

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 preliminary approval for the Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, all of which is described here in (Proposal No. 2009P-004-001).

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 Nashville Corners Shopping Center Commercial Planned Unit Development for property located at Murfreesboro Pike (unnumbered), approximately 750 feet south of Hamilton Church Road (2.6 acres), zoned CS, to permit 21,250 square feet of restaurant and retail space and to allow access directly to Murfreesboro Pike, as being Property Parcel No. 364 as designated on Map 150-00 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. 150 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 following conditions be completed, bonded, or satisfied as specifically required:

1. Prior to the submittal of the final site plan, a letter shall be submitted documenting that adequate sight distance is available from the currently proposed driveway onto Murfreesboro Pike.

2. The developer shall design and install a traffic signal at the driveway entrance to Murfreesboro Road at such time as the signal is warranted and approved by the Traffic & Parking Commission. The traffic signal shall be bonded with the final subdivision plat removing access restrictions to Murfreesboro Pike.

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 all development within the boundaries of this plan shall meet the requirements of the Americans with Disabilities Act.

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: Robert Duvall, Duane Dominy

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LEGISLATIVE HISTORY

Introduced: December 1, 2009
Passed First Reading: December 1, 2009
Referred to: Planning Commission - Approved 6-0
(November 12, 2009)
Planning & Zoning Committee
Passed Second Reading: January 5, 2010
Passed Third Reading: January 19, 2010
Approved: January 20, 2010
By:
Effective: January 25, 2010