SUBSTITUTE ORDINANCE BL2017-962

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 a portion of a Planned Unit Development on property located at 5055 Old Hickory Blvd and a portion of property at 5045 Old Hickory Blvd, at the corner of Old Hickory Blvd and Juarez Drive, zoned SCR (1.91 acres), to permit a restaurant and add an access point, all of which is described herein (Proposal No. 69-83P-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 a portion of a Planned Unit Development and variance from the sidewalk requirements on property located at 5055 Old Hickory Blvd and a portion of property at 5045 Old Hickory Blvd, at the corner of Old Hickory Blvd and Juarez Drive, zoned SCR (1.91 acres), to permit a restaurant and add an access point, being Property Parcel No. 161 and part of 162, as designated on Map 075-00 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 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 075 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, prior to any additional development applications for this property, and prior to or with final PUD plan application, the applicant shall provide the Planning Department with a corrected copy of the preliminary PUD plan.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. Prior to issuance of building permit, pay in lieu fee for frontage of property for sidewalks.
2. Maintain the existing sidewalk along Juarez Drive, as shown on the plan. As a condition of a variance approval, applicant shall make a payment in lieu for the Juarez Drive frontage.
3. Provide a sidewalk connection 5 feet in width from the restaurants to the public sidewalk.
4. This approval does not include any signs. Signs in planned unit developments must be approved by the Metro Department of Codes Administration except in specific instances when the Metro Council directs the Metro Planning Commission to review such signs.
5. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.
6. If the PUD final site plan or final plat indicates that there is less acreage than what is shown on the approved preliminary plan, the final site plan shall be appropriately adjusted to show the actual total acreage, which may require that the total number of dwelling units or total floor area be reduced.
7. Prior to any additional development applications for this property, and prior to or with final PUD plan application, the applicant shall provide the Planning Department with a corrected copy of the preliminary PUD plan.

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: Kevin Rhoten

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LEGISLATIVE HISTORY
Introduced:	November 7, 2017
Passed First Reading:	November 7, 2017
Referred to:	Planning Commission – Approved with conditions and disapproved without all conditions (6-0) on 10/12/2017 Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	December 5, 2017
Passed Second Reading:	December 5, 2017
Substitute Introduced:	December 19, 2017
Passed Third Reading:	December 19, 2017 - Roll Call Vote
Approved:	December 20, 2017
By:
Effective:	December 29, 2017