ORDINANCE NO. BL2004-485

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 the provisions of a Planned Unit Development District located at Burkitt Road (unnumbered) on the south margin of Burkitt Road, approximately 1,000 feet east of Nolensville Pike, to permit 98 townhouse units, 52 duplex lots (104 units) and 243 single-family lots(111.70 acres), all of which is described herein (Proposal No. 2004P-035G-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 the provision of a Planned Unit Development District located at Burkitt Road (unnumbered) on the south margin of Burkitt Road, approximately 1,000 feet east of Nolensville Pike, to permit 98 townhouse units, 52 duplex lots (104 units) and 243 single-family lots(111.70 acres), as being part of Property Parcel No. 015 and all of Parcel No. 21 as designated on Map 186 as designated on Map 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. 186 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 traffic mitigations, or those required by Public Works, be completed or bonded prior to the first final plat recordation:

1. The developer shall construct a westbound left turn lane with 125 ft of storage and transition per AASHTO standards on Burkitt Rd at the project access.

2. The developer shall construct a southbound left turn lane with 200 ft of storage and transition per AASHTO standards on Nolensville Rd at Burkitt Rd.

3. The developer shall construct both project access roads at phase 1. The access road in Davidson County off of Burkitt shall have 1 entering lane and 2 exiting lanes with separate left and right turn lanes with 200 ft of storage and transitions per AASHTO standards.

4. Provide adequate sight distance at Burkitt /project access intersection.

5. The one -way Round-a-bouts shall be designed with splitter islands and a smooth radius to accommodate adequate truck turning movements.

6. The developer shall construct a right turn lane with 160 ft of storage with transition per AASHTO standards on Burkitt Rd at Nolensville Rd.

7. The developer shall construct a right turn lane with 75 ft of storage and transition per AASHTO standards on Pettus Road at Nolensville RD.

8. The developer shall construct a right turn lane with 75 ft of storage and transition per AASHTO standards on Burkitt at project access.

9. Dedicate/ Reserve 1/2 ROW for U4 (84'/2)cross- section along Burkitt Rd frontage plus ROW for right turn lane. Burkitt is identified as having 2 10 ft travel lanes. The developer shall reconstruct Burkitt Road from the Project access road to Nolensville Road with 12 ft wide travel lanes and 4 feet shoulders. This is in addition to turn lanes on Burkitt Rd at project access road and at Nolensville Rd.

10. Provide vehicular cross access to adjacent property along Nolensville Rd.

11. The developer shall conduct traffic counts at Burkitt Rd and Nolensville Rd and submit warrant analysis to Metro Traffic engineer for signal approval at 50%, 75% and 100% issuance of building permits in Davidson and Williamson County. Submit signal plan for approval when warranted and install signal when approved.

12. A phasing plan for transportation improvements shall be prepared by the developer for review and approval by the Metro Traffic Engineer with the Final PUD plan.

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

View Sketch

Amendment No. 1
To
Ordinance No. BL2004-485

Mr. President:

I move to amend Ordinance No. BL2004-485 as follows:
1. By deleting the phrase "98 townhouse units", wherein it appears in the caption and in Section 1 of the ordinance, and substituting in lieu thereof the phrase "60 townhouse units".

2. By substituting the plan incorporated into Section 1 with the new plan that is on file with the Planning Commission.

3. By renumbering Section 4 as Section 5 and adding the following new Section 4:

"Section 4. Be it further enacted, that the developer shall meet the following conditions:

1. Construction of a 100' minimum linear park along Burkitt Road as measured from the Burkitt Road right-of-way or edge of pavement, whichever is closer to the nearest lot line.
2. All four sides of the single-family homes that back Burkitt Road shall be brick.
3. The attached homes shall be designed with a combination of one and two car garages.
4. The attached homes shall be designed to use a combination of existing trees and supplemental landscaping to completely screen view of these homes from Burkitt Road.
5. Brick or stone to grade foundations shall be included for all four sides of the homes in the community.
6. The maximum building height, except for walkout basements, shall be 35 feet.
7. The minimum square footage of the single-family homes shall be 1,600 sq. ft.
8. For lots at the northeast corner of the site, as shown on the sketch attached hereto and incorporated herein as Exhibit A, the following conditions shall be met:
a. 6' to 8' evergreen trees shall be planted on approximately 880 feet of perimeter at 10'o.c.
b. Three homes with 50% of rear elevation brick and architectural detailing as shown on attachments 1 and 2 to Exhibit A.
c. No white vinyl shall be used on the rear of the homes except for trim and soffit.
d. The existing fence at the property line shall remain in tact.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY

Introduced: December 7, 2004
Passed First Reading: December 7, 2004 
Referred to: Planning Commission – Approved 7-0
(November 11, 2004) 
Passed Second Reading: January 4, 2005 
Deferred: January 18, 2005
Deferred: February 1, 2005
Deferred to March 15, 2005: February 15, 2005
Deferred: March 15, 2005
Amended: April 5, 2005
Passed Third Reading: April 5, 2005 
Approved: April 7, 2005
By:
Effective: April 8, 2005