ORDINANCE NO. BL2009-522
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 previously approved Planned Unit Development district for property abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified CL and approved for various retail, office and restaurant uses, to modify the condition pertaining to the use of $50,000 for improvements to Franklin Pike Circle, all of which is more particularly described herein (Proposal No. 94P-009-001).
WHEREAS, Ordinance No. BL2003-77, as amended, which approved a Planned Unit Development District for property located at Old Hickory Boulevard and Franklin Pike Circle to permit the development of a retail center, office space, and restaurant, included a requirement that the developer make improvements consisting of sidewalks and bike paths along Franklin Pike Circle, with a total cost of not less than $50,000; and
WHEREAS, the Metropolitan Department of Public Works and CSX Railroad have determined that the existing right-of-way is not sufficient to construct said sidewalks or bike paths; and
WHEREAS, it is fitting and proper that this condition be modified to allow for beautification improvements along Franklin Pike Circle.
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 making certain changes in 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 Planned Unit Development district approved by Ordinance No. BL2003-77, as amended, for property abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified CL and approved for the development of a 159,717 square foot retail center, 8,000 square foot office and a 5,400 square foot restaurant, as being Property Parcel Nos. 54 and 223 as designated on Map 160 of Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, by amending said Planned Unit Development as follows:
1. By deleting the following provision:
“GBT Realty and Development will make improvements to increase pedestrian safety for the benefit of Franklin Pike Circle at this retail site but not be limited to the following: sidewalks and bike paths, which improvements shall have a cost of at least fifty-thousand dollars ($50,000). Improvements must be approved by Metro Government and the Councilmembers from the 26th and 31st Districts.”
2. By substituting in lieu thereof the following new provision:
“GBT Realty and Development will make beautification improvements along Franklin Pike Circle consisting of a landscape marquee, which improvements shall have a cost of at least fifty-thousand dollars ($50,000). Plans for said improvements shall be submitted to the Planning Department for approval, with a copy to the Councilmembers from the 26th and 31st Districts, prior to commencement of any work on the landscape marquee.”
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. 160 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 this ordinance shall 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: Parker Toler, Greg Adkins
|Introduced:||August 6, 2009|
|Passed First Reading:||August 6, 2009|
Commission - Approved 7-0
(July 23, 2009)
Planning & Zoning Committee
|Passed Second Reading:||September 1, 2009|
|Passed Third Reading:||September 15, 2009|
|Approved:||September 22, 2009|
|Effective:||September 28, 2009|