RESOLUTION NO. RS2012-266

A resolution to establish a new application fee for certain Planned Unit Development applications (Proposal No.2012OT-002-001).

WHEREAS, pursuant to the authority of Section 17.40.760.C. of the Metropolitan Code of Laws, the Metropolitan Planning Department has developed for the Metropolitan Council’s consideration a new application fee for certain Planned Unit Development (PUD) applications, the adoption of which may be accomplished by resolution; and,

WHEREAS, Section 7.08.090.E. of the Metropolitan Code provides that any restaurant possessing a valid license for the on-premise sale and consumption of wine or other alcoholic beverages, issued by the state alcoholic beverage commission ,shall be exempt from the minimum distance requirements set forth in Section 7.08.090.A.1, provided a public hearing is held by the Metropolitan Council, after which the Metropolitan Council adopts a resolution with twenty-one (21) affirmative votes, approving the restaurant’s exemption from said minimum distance requirements; and,

WHEREAS, with the Metropolitan Council’s adoption of Council Bill BL2010-714, a restaurant no longer needs to apply for a commercial planned unit development commonly known as a “beer” PUD, or for the Metropolitan Council to adopt a PUD, in order to be exempt from the minimum distance requirements of Section 7.08.090.A.1; and,

WHEREAS, the Metropolitan Council has adopted 11 such PUDs between 2003 to 2010 where some of the restaurants previously approved as a “beer” PUD may now desire to cancel the PUD, and said cancellation would require an application fee of $1,975.00; and,

WHEREAS, the Metropolitan Planning Department finds the standard PUD cancellation fee should not apply to a “beer” PUD since the required staff time is minimal to review and analyze such a request.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Planning Department application fee for canceling a PUD shall be reduced from $1,975.00 to $200.00 where the primary stated purpose of the PUD was to obtain a restaurant’s exemption to the beer distance requirements set forth in Section 7.08.090.A.1 of the Metropolitan Code.

Section 2. That this Resolution shall take effect upon its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sean McGuire, Phil Claiborne

LEGISLATIVE HISTORY
Referred to:	Planning Commission - Approved Budget & Finance Committee Planning & Zoning Committee
Introduced:	May 15, 2012
Adopted:	May 15, 2012
Approved:	May 16, 2012
By: