ORDINANCE NO. BL2002-964

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 preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants, all of which is more particularly described herein (Proposal No. 94P-009U-12).

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, be and is hereby amended by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference, as follows:

By amending the preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants as being Property Parcel Nos. 54 and 223 as designated on Map 160 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is more particularly described by lines, words and figures on the attached plan, 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 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 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.

Map & Parcel No./Owner:
160-54 & 223 Brentwood Properties

Requested by: Barge, Cauthen and Associates

Sponsored By:Craig Jenkins

View Sketch

EXHIBIT A

94P-009U-12
Conditions of Approval

1. Prior to the issuance of any building permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management and the Traffic Engineering Sections of the Metropolitan Department of Public Works.

2. Prior to or in conjunction with final PUD plan submittal to the Planning Commission, construction plans for the following road improvements shall be submitted to the Planning Commission for review and approval and are to be completed by the developer prior to the issuance of the first use and occupancy permit for any building within the PUD:

· A southbound left-turn lane on Franklin Pike Circle onto Old Hickory Boulevard.
· A 50-foot long left-turn lane into the Waffle House (Map 160, Parcel 56.02).
· A right-turn lane with 250 feet of storage on Old Hickory Boulevard onto Franklin Pike Circle.
· The extension of the existing eastbound left-turn lane on Old Hickory Boulevard at Franklin Pike Circle by 150 feet, for a total of approximately 300 feet of storage with a 100-foot long transition.
· Modification to the existing traffic signal at the intersection of Old Hickory Boulevard and Franklin Pike Circle to include a right turn overlap for the westbound approach on Old Hickory Boulevard and the southbound approach on Franklin Pike Circle.
· Two exiting lanes and one entering lane at the northernmost project driveway on Franklin Pike Circle.
· Crosswalks shall be striped and pedestrian signals and push buttons shall be installed so that pedestrians can cross each approach of the intersection at Old Hickory Boulevard and Franklin Pike Circle/Stonebrook Drive.
· Widen Franklin Pike Circle to provide two southbound lanes, one center lane, and one northbound lane for a total of four lanes between the northernmost driveway and Old Hickory Boulevard.
· Widen Franklin Pike Circle to three lanes, north of the Wilson Inn driveway (Map 160, Parcel 56), to a three-lane section to allow for left-turn lanes into the site and other immediate driveways.


AMENDMENT NO. 1

TO

ORDINANCE NO. BL2002-964

Mr. President:

I move to amend Ordinance No. BL2002-964 by modifying Section 1 as follows and deleting the existing Exhibit A and inserting a new Exhibit A as follows:

By amending the preliminary plan of the Planned Unit Development District located abutting the north margin of Old Hickory Boulevard and the east margin of Franklin Pike Circle, classified OR40 and CL Districts, (14.42 acres), to permit the development of three 6-story, 150,000 square foot office buildings and parking garages, and two, 8,000 square foot restaurants, replacing 130 condominium units, a 10 story, 250,000 square foot office building and two 8,000 square foot restaurants as being Property Parcel Nos. 54 and 223 as designated on Map 160 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is more particularly described by Exhibit A, and lines, words and figures on the attached plan, which is attached to and made a part of this ordinance as though copied herein.


EXHIBIT A: BL2002-964
94P-009U-12
Conditions of Approval

1. Prior to the issuance of any building permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management Section of Metro Water Services and the Traffic Engineering Section of the Metropolitan Department of Public Works.

2. Prior to or in conjunction with any final PUD plan submittal for the first restaurant to the Planning Commission, construction plans for the following road improvements shall be submitted to the Planning Commission for review and approval by the Metropolitan Department of Public Works, and are to be completed by the developer as follows:

Prior to the issuance of a Use and Occupancy permit for the first restaurant, the following traffic improvements shall be completed:

a. Crosswalks shall be striped and pedestrian signals and push buttons shall be installed so that pedestrians can cross each approach of the intersection at Old Hickory Boulevard and Franklin Pike Circle/Stonebrook Drive.
b. Franklin Pike Circle shall be widened to provide two southbound lanes, one center lane, and one northbound lane for a total of four lanes between the northernmost project driveway and Old Hickory Boulevard.
c. Franklin Pike Circle shall be widened to three lanes, north of the Wilson Inn driveway (Map 160, Parcel 56), to a three-lane section to allow for left-turn lanes into the site and other immediate driveways.
d. A southbound left-turn lane shall be constructed on Franklin Pike Circle onto Old Hickory Boulevard.
e. A 50-foot long left-turn lane shall be constructed into the Waffle House property (Map 160, Parcel 56.02).

3. Prior to or in conjunction with any final PUD plan submittal for the first office building to the Planning Commission, construction plans for the following road improvements shall be submitted to the Planning Commission for review and approval by the Metropolitan Department of Public Works, and are to be completed by the developer as follows:

Prior to the issuance of a Use and Occupancy permit for the first office building (150,000 square feet), the following traffic improvements shall be completed:

a. All those identified in Condition #2 above (a-e).

b. A right-turn lane with 250 feet of storage shall be constructed on Old Hickory Boulevard onto Franklin Pike Circle.

c. The existing traffic signal at the intersection of Old Hickory Boulevard and Franklin Pike Circle shall be modified to include a right-turn overlap for the westbound approach on Old Hickory Boulevard and the southbound approach on Franklin Pike Circle.

d. Two exiting lanes and one entering lane shall be constructed at the northernmost project driveway on Franklin Pike Circle.

e. The existing eastbound left-turn lane on Old Hickory Boulevard at Franklin Pike Circle shall be extended by 150 feet, for a total of approximately 300 feet of storage with a 100-foot long transition.

Sponsored By: Craig Jenkins
Amendment Adopted: May 21, 2002

LEGISLATIVE HISTORY

Introduced: February 5, 2002
Passed First Reading: February 5, 2002
Referred to: Planning Commission
Planning & Zoning Committee
Passed Second Reading: March 5, 2002
Deferred: March 19, 2002
Re-referred to Planning Commission: April 2, 2002
Deferred to May 21, 2002: April 2, 2002
Amended: May 21, 2002
Passed Third Reading: May 21, 2002
Approved: May 24, 2002
By: Mayor Bill Purcell
Effective Date: June 6, 2002