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 making applicable to property abutting the north margin of Lebanon Pike and the western margin of Donelson Hills Drive, (40.00 acres), classified RS10 district and proposed for MUG district, the provisions of a Planned Unit Development District, to permit the development of 181 condominium units, 50,735 square feet of retail/restaurant/ office, and a 225 slip public marina and marina services, as being Property Parcel No. 110 as designated on Map 95-2 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. 95 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 the following conditions be made part of the bill and are completed or bonded prior to final plat recordation.

1. Prior to the issuance of any permits, the Stormwater Management and the Traffic Engineering Sections of the Metropolitan Departments of Public Works and Water Services shall forward confirmation of preliminary approval of this proposal to the Planning Commission.

2. Prior to adoption of the Preliminary PUD plan by the Metro Council, the applicant will be required to obtain signature from the following property owners: Map 84, Parcel 12, Map 94, Parcel 16, Map 95-01 Parcel 69, Map 95-06, Parcel 6.01, and Map 95-02, Parcel 137.

3. The final site design for the outparcel and the corner of the commercial building facing Lebanon Pike be subject to design modifications to orient the buildings toward Lebanon Pike with any final PUD submittal for these portions of the plan.

4. Prior to final PUD approval, the developer must obtain a 404 Permit from the Corp of Engineer’s. The applicant will be required to obtain a letter of map revision from FEMA, and an Aquatic Resource Alteration Permit (ARAP) permit from the Tennessee Department of Environment and Conservation (TDEC), as well.

5. The final PUD plan shall indicate the construction details of the trail. The trail standards must be approved by the Metro Greenway Commission, prior to submittal of the final PUD plan.

6. At project access, construct one northbound entering lane, one southbound left turn lane with 150' storage and taper and one right turn lane with 150' storage and taper per AASHTO standards.

7. Construct a left turn lane on Lebanon Road for cars entering project site. Include 200' storage and taper per AASHTO standards. The left turn lane shall be constructed to minimize the existing curvature of Lebanon Road.

8. Developer shall design and install a traffic signal at the project access Lebanon Road intersection. Design shall be submitted to Public Works for approval. The signal shall include a left turn phase for the eastbound left turns. The signal shall be installed when 25% of the traffic for any combination of the different land use development has been generated. Since a right turn acceleration lane will not be constructed a right turn overlap phase for southbound right turns shall also be designed.

9. Construct a minimum of 869 parking spaces.

10. Construct a continuous median, minimum 4' width or greater, from the project access entrance north to the traffic circle on project main road.

11. Construct one access road to outparcel from main project road. One lane exiting and one lane entering shall be constructed. Only right turn in and right turn out shall be allowed.

12. All roadways within the project shall be private. Developer shall provide all required signage and pavement markings per MUTCD standards. Developer shall be responsible for all road and landscape maintenance.

Section 4. 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: J. B. Loring

Cumberland Yacht Harbor LLC

Requested by:
Michael Manous
Manous Consulting & Design

Amendment No. 1

To

Ordinance No. BL2003-1463

Mr. President:

I move to amend Ordinance No. BL2003-1463 by deleting “and an Aquatic Resource Alteration Permit (ARAP) permit from the Tennessee Department of Environment and Conservation (TDEC), as well.” from condition No. 4 in Section 3 and by deleting condition No. 2 in Section 3 and replacing it with the following condition No. 2:

2. Prior to final PUD approval by the Planning Commission, the applicant must obtain signatures of all affected property owners, which may be determined by reference to the Corps. of Engineer's 404 Permit, or other permitting agencies permits.

Sponsored by: J.B. Loring

LEGISLATIVE HISTORY
Introduced:	June 3, 2003
Passed First Reading:	June 3, 2003
Referred to:	Planning Commission - Approved 8-0 (06/26/2003) Planning & Zoning Committee
Passed Second Reading:	July 1, 2003
Amended:	July 15, 2003
Passed Third Reading:	July 15, 2003
Approved:	July 17, 2003
By:
Effective Date:	July 19, 2003