ORDINANCE NO. BL2005-611

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 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), to permit 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank (34.6 acres), all of which is described here in (Proposal No. 2005P-008G-06).

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 provisions of a Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), to permit 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank uses (34.6 acres), as being Property Parcel Nos. 4, 5, 26, 28, 29, 30, 76, 113 as designated on Map 156 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. 156 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 prior to the issuance of any building permits the following traffic improvements shall be completed or bonded:

Hwy 100 /Temple Rd intersection

1. Developer shall construct Temple Rd extension with separate southbound right, left and through lanes to align with the TDOT relocation of Temple Rd. northbound left, and thru/right turn lanes.

The southbound left turn lane shall provide a minimum of 150 ft of dedicated storage. Left turn lane shall continue north to Old Harding Pk as a 2 way left turn lane.

The southbound right turn lane shall provide a minimum of 100 ft of storage with transition per AASHTO standards .

2. Developer shall construct an eastbound left turn lane on Hwy 100 at Temple Rd EXT. with 150 ft of storage and transition per AASHTO standards and aligned with the westbound left turn lane constructed by TDOT.

3. Developer shall construct a separate westbound right turn lane on Hwy 100 at the Temple Rd. ext. with 100 ft of storage and transition per AASHTO standards.

4. Use and occupancy permits shall not be issued until completion of all intersection roadway and signal improvements at this location.

5. If signal has been installed by others , Developer shall modify signalization to accommodate the above geometrics. A signal plan shall be provided to the Metro Traffic Engineer for approval.

Extension of Temple Rd

All Driveways intersecting with this roadway shall provide a minimum of 2 exit lanes, to provide a separate left turn lane with 50 ft of storage , and 1 entering lane. Design shall accommodate the turning radius for an SU-30 as a minimum. A Minimum 50 ft driveway throat shall be provided prior to parking or drive aisles.

Hwy 100 and project access driveway

1. Developer shall construct the access driveway with 2 exit lanes, with a minimum left turn storage of 200 ft, and 1 entering lane. This driveway shall be aligned with the Church Driveway if feasible.

Cross access shall be provided along the western property line of project.

2. Developer shall construct a right turn lane on Hwy 100 with a minimum of 100 ft storage and transition per AASHTO standards.

3. Developer shall construct an eastbound left turn lane on Hwy 100 with 100 ft of storage and transition per AASHTO standards at access driveway.

4. No additional access driveways shall be allowed to Old Harding Pk or Hwy 100.

Old Harding Pk/Temple Rd Extension intersection

1. Developer shall construct a northbound right turn lane on Old Harding Pk with 100 ft of storage and transition per AASHTO standards.

2. Developer shall construct a southbound left turn lane on Old Harding Pk with 150 ft of storage and transition per AASHTO standards.

3. Developer shall conduct traffic counts at 50% and 100 % completion of project and submit warrant analysis to Metro Traffic Engineer. Developer shall install traffic signal at this location if approved. A signal plan shall be submitted for Metro Traffic Engineer approval.

For project
Developer shall dedicate ROW according to the major street plan and additional ROW as required to install turn lanes.

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: Charlie Tygard

View Sketch

Amendment No. 1
To
Ordinance No. BL2005-611

Mr. President:

I move to amend Ordinance No. BL2005-611 as follows:

1. By renumbering Section 4 as Section 6 and inserting the following new Sections 4 and 5:

Section 4. If development on Map 156 Parcels 27, 27.01, and 27.02, Map 155 Parcels
116, 116.02, 208, and/or 114 is approved at any time, and the new development makes use of the Joint Use Access required by this Ordinance and shown on the subject plans, the following conditions shall apply:

(A) The cost of the infrastructure improvements made by the current applicant shall be shared by the subsequent development, pro rata, based on the trips generated according to the uses permitted by the planned unit development and any subsequent planned unit development to be constructed on Map 156 Parcels 27, 27.01, and 27.02 Map 155 Parcels 116, 116.02, 208, and/or 114, excluding a public library, established pursuant to the most recent edition of the Institute for Transportation Engineers (ITE) Trip Generation Handbook.
(B) The Metropolitan Council intends that no building permit shall be issued by the Metropolitan Government for any subsequent development on Map 156 Parcels 27, 27.01, and 27.02, and Map 155 Parcels 116, 116.02, 208 until the pro rata contribution is paid to a escrow agent selected by the developers of both developments.
(C) In the case of any dispute about the amount, an arbitrator will make a final determination as to the amount to be contributed by the developer of any project on Map 156 Parcels 27, 27.01, and 27.02 Map 155 Parcels 116, 116.02, 208, and/or 114.
(D) The infrastructure improvements stated in subsection A. of this Section shall be limited to the construction of Temple Road including its connections to Old Harding Road and Highway 100, all as required by the Metropolitan Government of Nashville and Davidson County. Cost of improvements will be tabulated with detailed quantities and associated unit costs.

Section 5. In addition to the architectural requirements established within the approved planned unit development plans on file with the Metro Planning Commission, additional clarifications and requirements are as follows:

(A) All brick, stucco, painted block, and other building materials shall
be of traditional and coordinated earthtone colors; and
(B) Monument signage shall be architecturally coordinated with the
proposed buildings and comply with the requirements of the zoning administrator.

Sponsored by: Charlie Tygard

LEGISLATIVE HISTORY

Introduced: April 5, 2005
Passed First Reading: April 5, 2005
Referred to: Planning Commission - Approved 7-0
(March 10, 2005)
Planning & Zoning Committee
Passed Second Reading: May 3, 2005 
Deferred: May 17, 2005
Amended: June 7, 2005
Passed Third Reading: June 7, 2005 
Approved: June 9, 2005
By:
Effective: June 11, 2005