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 Dickerson Pike (unnumbered), and 3438, 3446, 3466 Dickerson Pike, north of Doverside Drive, to permit 718,781 square feet of retail and restaurant uses (125.84 acres), all of which is described here in (Proposal No. 2005P-010G-02).

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 Dickerson Pike (unnumbered), and 3438, 3446, 3466 Dickerson Pike, north of Doverside Drive, to permit 718,781 square feet of retail and restaurant uses, as being Property Parcel Nos. 49, 49.01, 50, 51, 52, 53, 140, and part of 45 (2.29 acres), 47 (1.88 acres), 47.01 (19.75 acres) as designated on Map 50 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County (125.84 acres), 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. 50 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 satisfied as outlined or bonded prior to final plat approval:

1. Prior to final PUD approval, the applicant must show and dimension the Right-of-Way along Dickerson Pike, consistent with the approved Major Street Plan (Dickerson is a U4, and thus requires an 84 foot ROW). The applicant must dedicate 30 feet minimum of ROW from the centerline to the property boundary and show the ROW reservation.

2. Prior to final PUD approval, the applicant must show and dimension Right-of-Way along Doverside Drive (a local road).

3. Prior to final PUD approval, the applicant must show on the plans, as per the requirements of the PUD overlay, a sidewalk along Doverside Drive, from the western edge of the PUD to the access drive into the PUD along this same street, to connect with the internal sidewalk that begins there. There shall also be an internal sidewalk along the drive that extends north just to the west of Restaurants #3, 4, 5, and 6.

4. Prior to final PUD approval, the applicant must show on the plans, as per the requirements of the PUD overlay, a sidewalk along Dickerson Pike. A transit stop shall be required accordingly, in coordination with sidewalks on Doverside Drive and Dickerson Pike. The final PUD plans must also show internal sidewalks that connect the internal private drives with the sidewalk aprons of the major retail buildings within the PUD.

5. Prior to final plat approval, by mandatory referral the Metro Council must approve the relocation of Doverside Drive.

6. The access driveway on Dickerson Pike shall be designed for safe operation with adequate sight distance of the signal.

7. Doverside Drive shall be relocated to align with Skyline Medical Center driveway and the road shall be designed for safe operation with adequate sight distance of the signal.

8. The developer shall construct the Doverside approach with 2 separate right turn lanes, a through lane, a separate left turn lane and 2 westbound through lanes with storage lengths as indicated on the PUD plan.

9. The developer shall submit a signal design for approval and install the signal modifications. Signal plan shall include pedestrian signals and ADA facilities.

10. The developer shall construct Dickerson Pk with 2 Northbound separate left turn lanes, 2 through lanes and a shared right/through lane with storage as indicated on the PUD plan.

11. Developer shall construct a new southbound through/right lane along the Dickerson Pk frontage and it shall extend to the through/right lane at the Briley Pkwy westbound on-ramp.

12. The developer shall construct the access driveway with separate left and right turn lanes. Additional ROW for the access driveway shall be reserved in order to install a separate through lane if a 4th leg is added to this intersection in the future. The access shall driveway shall include 2 westbound through lanes with storage lengths as indicated on the PUD plan.

13. The developer shall submit a signal design for approval and install the signal. Signal plan shall include pedestrian signals and ADA facilities. All new signals shall be interconnected and coordinated with signals in the vicinity of the project.

14. The developer shall construct Dickerson Pike with 2 Northbound separate left turn lanes, 2 through lanes in each direction and a southbound separate right turn lane with storage as indicated on the PUD plan. Required lane signage shall be installed.

15. Access drives and project internal roads shall be designed to provide adequate truck turning movements.

16. The southbound exclusive left turn lane on Dickerson shall be striped to provide a minimum of 100 ft of storage for northbound traffic entering I-65 southbound in order to provide greater storage for southbound traffic turning left onto I-65 northbound.

17. TDOT approval of all Dickerson Pk modifications is required.

18. The developer shall install a westbound left turn lane with 100 ft of storage on Doverside at the pharmacy access driveway.

19. The developer shall construct Doverside Drive with eastbound through and through/left lanes. The westbound approach shall be constructed with a through lane and a separate free-flow right turn lane. The southbound approach shall be constructed with 3 exit lanes and 2 entering lanes. Turn lane storage lengths shall be provided as identified on the PUD plan.

20. The developer shall submit a signal design for approval and install the signal at this intersection. Signal plan shall include pedestrian signals and ADA facilities if sidewalks are constructed. The signals shall be interconnected and coordinated with signals in the vicinity of the project. In accordance with Metro standards video detection shall be installed on the private approach and loop detection with advance detection shall be installed on the main line approaches.

21. Show standard buffer note: The buffer along waterways will be an area where the surface is left in a natural state, and is not disturbed by construction activity. This is in accordance with the Stormwater Management Manual Volume 1 - Regulations.

22. It is possible that the stream buffer will extend beyond what is shown on the plan. It is required, before final plan approval, that TDEC makes a stream determination of that portion of the stream in question. If it is classified as an intermittent stream or Waters of the State, then a 25-foot buffer from top of bank on each side of stream bank shall be applied. A variance from the Stormwater Management Committee must be granted for any disturbance in the buffer and an ARAP Permit from TDEC must be approved. If it is classified as a wet weather conveyance, then no action is required.

23. It is possible that there are wetlands on the property that need protecting. It is required, before final PUD approval, that a determination be made from the Army Corps of Engineers. If it is determined that it is a wetland, a 25' buffer shall be applied around the perimeter of the area delineated by the Corps. A variance from the Stormwater Management Committee must be granted for any disturbance in the buffer.

24. Prior to final PUD approval, calculations of the effective Impervious Surface Ratios for this site shall be submitted to the Metro Codes Department for .

25. Prior to the issuance of any permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Stormwater Management division of Water Services and the Traffic Engineering Sections of the Metropolitan Department of Public Works.

26. Subsequent to enactment of this planned unit development overlay district by the Metropolitan Council, and prior to any consideration by the Metropolitan Planning Commission for final site development plan approval, a paper print of the final boundary plat for all property within the overlay district must be submitted, complete with owners' signatures, to the Planning Commission staff for review.

27. This approval does not include any signs. Business accessory or development signs in commercial or industrial planned unit developments must be approved by the Metropolitan Department of Codes Administration except in specific instances when the Metropolitan Council directs the Metropolitan Planning Commission to approve such signs.

28. The requirements of the Metropolitan Fire Marshal's Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

29. This preliminary plan approval for the residential portion of the master plans is based upon the stated acreage. The actual number of dwelling units to be constructed may be reduced upon approval of a final site development plan if a boundary survey confirms there is less site acreage.

30. Prior to final PUD approval, the applicant shall dedicate the proposed open space and conservation easement to an appropriate land trust.

31. Note that to comply with the Stormwater requirements, it is required for the applicant to put the following notes on the PUD plans:

"Any intermittent stream or waters of the state, as identified by TDEC, shall have a 25 foot buffer from the top of the bank on each side of the stream bank."

"Buffer disturbance is ONLY permitted by Stormwater Management Committee variance # _____ and ARAP Permit # _____."
"A 25 foot buffer shall be applied around the perimeter of wetland areas, as delineated by the Army Corps of Engineers."

32. Prior to final PUD approval, the applicant must provide the minimum amount of water needed for a large box store retail development, which is 2,250 GPMs at 40 psi. This is an estimate for sprinkler design and hose requirements as per NFPA 13, which calls for a 300,000-gallon water tank. The applicant must provide the water tank, as required by the Fire Marshal, or otherwise meet the Fire Marshal requirement of 2,250 GPMs at 40 psi.

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: Carolyn Baldwin Tucker

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LEGISLATIVE HISTORY
Introduced:	June 7, 2005
Passed First Reading:	June 7, 2005
Referred to:	Planning Commission - Approved 7-2 (May 12, 2005) Planning & Zoning Committee
Passed Second Reading:	July 5, 2005
Deferred:	July 19, 2005
Passed Third Reading:	August 2, 2005
Approved:	August 3, 2005
By:
Effective:	August 6, 2005