ORDINANCE NO. BL2010-627

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 Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described here in (Proposal No. 2009P-005-001).

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 preliminary approval for the Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, as being part of Property Parcel No. 233 as designated on Map 105-01 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. 105 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: Erica Gilmore

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Amendment No. 1
To
Ordinance No. BL2010-627

Madam President:

I move to amend Ordinance No. BL2010-627 by renumbering Section 4 as Section 5, and by adding the following new Section 4:

Section 4: Be it further enacted, that the following conditions shall be applicable to the planned unit development:
1. No outside concerts shall be permitted on the property.
2. The property shall be in compliance at all times with Section 11.12.070 of the Metropolitan Code pertaining to Excessive Noise.

Sponsored by: Lonnell Matthews

LEGISLATIVE HISTORY

Introduced: February 2, 2010
Passed First Reading: February 2, 2010
Referred to: Planning Commission
Planning & Zoning Committee
Passed Second Reading: March 2, 2010
Deferred to April 20, 2010: March 16, 2010
Amended: April 20, 2010
Passed Third Reading: April 20, 2010
Approved: April 22, 2010
By:
Effective: April 26, 2010