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 making applicable to property abutting the north side of Nolensville Pike, opposite Concord Road (75.29 acres), the provisions of a Planned Unit Development District, to permit 45 single-family lots, 248 townhomes, and 236,851 square feet of retail, restaurant, and gas station uses, (Proposal No. 2004P-013G-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, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By making applicable to property abutting the north side of Nolensville Pike, opposite Concord Road (75.29 acres), the provisions of a Planned Unit Development District, to permit 45 single-family lots, 248 townhomes, and 236,851 square feet of retail, restaurant, and gas station uses, as being Property Parcel No. 49 as designated on Map 181 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department 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. 181 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 ordinance approval:

1. Owner agrees on behalf of itself and any tenants, now or in the future, to abandon any access on the southeastern boundary of the property with the construction of any public roadway in that location. Abandonment of said access shall be effective upon the funding and commencement of construction of the proposed roadway, currently known as the Southeast Arterial Roadway, adjacent to this property, and notice of the same from the Metropolitan Government of Nashville and Davidson County to the record owner of the parcel abutting said roadway. The Owner and its successors, tenants, or assigns, shall have no right of compensation for the abandonment of access, and owner agrees to not hinder the construction and / or closing of said access.

2. Prior to final PUD approval, a unified system of pedestrian linkages, in addition to the currently proposed public sidewalks, shall be provided between each type of use to allow for greater flexibility / availability of pedestrian movement throughout the development and to discourage vehicular usage within the development between uses.

3. Prior to final PUD approval, proposed sidewalks / paths between the townhomes and the commercial portion shall be lighted to provide safe pedestrian access to these areas.

4. A Tree Preservation / Removal and Grading Boundary Plan (24x36) shall be submitted prior to, or in conjunction with, the submittal of the Final PUD application.

5. Prior to final plat recordation, all traffic mitigation recommendations provided by the Public Works Department shall be completed or bonded with the appropriate performance agreement, including the following:

· The internal site road between Nolensville Road and Autumn Oaks Way shall be 60 feet of ROW and 3 lanes of pavement with a center turn lane.
· Developer shall construct an eastbound right turn lane with 100 feet of storage on Concord Road at Nolensville Road.
· Developer shall submit warrant analysis for the intersection of Concord Road, Nolensville Pike and the project driveway to the Metro Traffic Engineer. The warrant analysis shall be submitted prior to the issuance of Use and Occupancy permits for 25%, 50%, 75% and 100% of the commercial development. When the signal is warranted, developer shall have the signal designed, plans approved by the Metro Traffic Engineer, and installed.
· Dedicate and/ or reserve 1/2 of a S4 arterial ROW or 60 ft of ROW for the SE Arterial along the SE property line to align with the Concord Road improvement.
· Construct a 12 ft center turn lane along property frontage. Center turn lane shall extend from northern property line to the Pettus Road intersection with transition per AASHTO standards.
· Install 150 ft dedicated left turn lane storage at the north site driveway.
· Install 175 ft dedicated left turn storage at second project access.
· Install 200 ft of left turn storage at Pettus.
· Install northbound right turn lane on Nolensville Road at both project access driveways with 100 feet of storage and transition per AASHTO standards. Dedicate ROW for the left turn and right turn lanes and dedicate or reserve 1/2 of the required ROW for a U6 arterial along Nolensville Road property frontage and reserve 5 feet of ROW for future bike lane to accommodate bike lanes on Nolensville Road as identified in the Nashville Bike Plan. Additional ROW shall also be reserved and or dedicated for the recommended sidewalk construction along arterials.
· Install signalization at both project driveways when each is warranted. Conduct traffic counts and submit warrant analysis to metro traffic engineer for signal approval. The warrant analysis shall be submitted prior to the issuance of Use and Occupancy permits for 25%, 50%, 75% and 100% of the commercial development. Any necessary road improvements to accommodate signals, signal interconnect, and poles shall be constructed. Video detection equipment shall be utilized for the private driveway. Install pedestrian signals and associated ADA-compliant facilities, if sidewalks are required.
· The developer shall construct a 12-foot wide right turn lane with 300 feet of storage and transition per AASHTO standards on Burkitt Road at its intersection with Nolensville Road. Right turn lane shall be constructed prior to the issuance of Use and Occupancy permits for 30% of the commercial development.
· Subject to final approval of construction plans for all proposed public streets.

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: Parker Toler

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LEGISLATIVE HISTORY
Introduced:	June 1, 2004
Passed First Reading:	June 1, 2004
Referred to:	Planning Commission – Approved 6-0 (May 13, 2004) Planning & Zoning Committee
Passed Second Reading:	July 6, 2004
Passed Third Reading:	July 20, 2004
Approved:	July 21, 2004
By:
Effective:	July 30, 2004