ORDINANCE NO. BL2002-968

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 District located abutting the north margin of Lebanon Pike between Andrew Jackson Parkway and Shute Lane, classified SCR District, (23.06 acres), to permit the addition of 3.82 acres, classified CS District, and the development of a 203,622 square foot Wal-Mart Supercenter, and to relocate a 6,500 square foot Blockbuster video rental store, replacing a 111,713 square foot retail center, a 19,715 square foot theater, and a 6,503 square foot video rental store, all of which is more particularly described herein (Proposal No. 91-71-G-14).

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 Commercial Planned Unit Development District located abutting the north margin of Lebanon Pike between Andrew Jackson Parkway and Shute Lane, classified SCR District, (23.06 acres), to permit the addition of 3.82 acres, classified CS District, and the development of a 203,622 square foot Wal-Mart Supercenter, and to relocate a 6,500 square foot Blockbuster video rental store, replacing a 111,713 square foot retail center, a 19,715 square foot theater, and a 6,503 square foot video rental store as being Property Parcel Nos. 10, 25, 26, 27, 28, and 29 as designated on Map 64-15 and Property Parcel No. 1 as designated on Map 64-16 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 and Exhibit A, 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. 64 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:
64-15-10 MRW Retail Joint Venture
64-16-1 MRW Retail Joint Venture
64-15-25, 26, 27, 28 & 29 B.B. Doubleday, Jr.
Requested by: Carlson Consulting Engineers

Sponsored By: Feller Brown

View Sketch

EXHIBIT A

91-71-G-14
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. The requirements of the Metropolitan Fire Marshal's Office for emergency vehicle access and fire flow water supply during construction must be met prior to the issuance of any building permits.

3. Prior to or in conjunction with any final PUD plan, signage details for all structures located on these properties, including square footage, size, lighting, and height shall be submitted to the Planning Department staff. The signage plans will be reviewed by the Metro Historic Commission for comments to the Planning Commission regarding the possible impact on the Hermitage, a national historic site.

4. Prior to the issuance of any building permits, a final plat shall be recorded, including all necessary bonds for public improvements, and including the traffic improvements outlined in #5, below.

5. Prior to final PUD approval, the developer shall submit grading and construction plans for the following improvements, as required by the Metro Traffic Engineer and the Traffic Impact Study dated December 2001 by RPM and Associates:

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall construct a new right-turn lane on Andrew Jackson Parkway at Lebanon Pike, as required by the Metro Traffic Engineer, to allow for two thru-lanes, a left-turn lane and a right-turn lane at the southbound approach to Lebanon Pike. The right-turn lane shall include 300 feet of storage and a 150-foot transition.

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall install a new traffic signal at the intersection of Jackson Meadows Drive and Andrew Jackson Parkway, as per the Metro Traffic Engineer.

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall install a new traffic signal at the main driveway entrance to the site on Andrew Jackson Parkway.

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall be responsible for modifications to the existing traffic signal at the intersection of Andrew Jackson Parkway and Lebanon Pike to allow for the additional southbound right-turn lane from Andrew Jackson Parkway onto Lebanon Pike, as per the Metro Traffic Engineer's requirements.

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall extend the existing center-turn lane on Andrew Jackson Parkway to provide a 150-foot northbound left-turn lane at the Wal-Mart driveway, a 75-foot southbound left-turn lane at the Wal-Mart driveway and a 50-foot northbound left-turn lane onto Jackson Meadows Drive.

· Prior to the issuance of any Use and Occupancy permits for the Wal-Mart Supercenter, the developer shall construct one entering lane and two exiting lanes from the Wal-Mart driveway onto Andrew Jackson Parkway.

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2002-968

Mr. President:

I move to amend Ordinance No. BL2002-968 by amending the caption and Section 1 by deleting the number "203,622" wherein it appears and substituting in lieu thereof the number "207,501".

Sponsored By: Feller Brown
Amendment Adopted: April 16, 2002

LEGISLATIVE HISTORY

Introduced: February 5, 2002
Passed First Reading: February 5, 2002
Referred to: Planning Commission - Disapproved 6-0 (1/10/02)
Planning & Zoning Committee
Passed Second Reading: March 5, 2002
Deferred: March 19, 2002
Deferred: April 2, 2002
Amended: April 16, 2002
Passed Third Reading: April 16, 2002
Approved: April 17, 2002
By: Mayor Bill Purcell
Effective Date: April 19, 2002