ORDINANCE NO. BL2010-777

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 the Commercial Planned Unit Development located at Old Hickory Boulevard (unnumbered), at the northeast corner of Old Hickory Boulevard and I-40, zoned CL (5.93 acres), to permit 39,612 square feet of retail and restaurant uses where a 124-room motel and 8,140 square feet of commercial uses were previously approved, all of which is described herein (Proposal No. 118-85P-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 amending the Commercial Planned Unit Development located at Old Hickory Boulevard (unnumbered), at the northeast corner of Old Hickory Boulevard and I-40, zoned CL (5.93 acres), to permit 39,612 square feet of retail and restaurant uses where a 124-room motel and 8,140 square feet of commercial uses were previously approved, requested by Ragan-Smith-Associates, Inc., as being Property Parcel No. 162, 163 and 164 as designated on Map 114 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 sketch, which is attached to 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 Map 114 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 the following conditions shall be completed, bonded or satisfied as specifically required:
1. Planning staff shall review all sign permit applications. Signage shall follow Zoning Code requirements except as follows:
On-premises ground signs
a. Each ground sign permitted along the Old Hickory Boulevard frontage shall have a maximum height of 12 feet.
b. If permitted by the base zoning district, any sign oriented to a controlled access highway shall be placed within 50 feet of the south property line of the PUD adjacent to Interstate 40 and shall have a minimum setback of 150 feet from Old Hickory Boulevard.
2. The access drive to Old Hickory Boulevard shall be constructed with one entering lane and two exiting lanes between the first internal driveway and Old Hickory Boulevard with transition per AASHTO/MUTCD standards.
3. Adequate sight distance of 565 feet to the north and 500 feet to the south shall be provided.

Section 4. 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 5. 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: Bo Mitchell

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LEGISLATIVE HISTORY

Introduced: October 5, 2010
Passed First Reading: October 5, 2010
Referred to: Planning Commission - Approved 8-0
(September 14, 2010)
Planning & Zoning Committee
Passed Second Reading: November 4, 2010
Passed Third Reading: November 16, 2010
Approved: November 17, 2010
By:
Effective: November 22, 2010