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 applying an Urban Design Overlay (UDO) district at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), to permit a maximum of 2,100 units and 150,000 square feet of commercial uses, all of which is described here in (Proposal No. 2005UD-003G-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 provisions of applying an Urban Design Overlay (UDO) district at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), to permit a maximum of 2,100 units and 150,000 square feet of commercial uses, as being Property Parcel No. 4, 5, 8, 11, 13, 33, 34, 10 as designated on Map 188 and Property Parcel Nos. 1, 2, 3, as designated on Map 190 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. 188 and 190 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 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. BL2005-683

Mr. President:

I move to amend Ordinance No. BL2005-683 as follows:

Insert the following as a new Section 3 and renumber the subsequent sections accordingly:

Section 3: Be it further enacted that the following conditions apply:

1. Prior to final UDO approval, the applicant shall work with the Fire Marshal to meet access requirements or present alternative solutions that meet the intent of the Urban Design Overlay as well as objectives established by the Fire Marshal.

2. Specific street locations shall be as indicated on the Thoroughfare Assignment Plan of the UDO or as may be approved by the Planning Commission.

3. The maximum ROW required for any street shall be as indicated on the Thoroughfare Assignment Plan of the UDO or as may be approved by the Planning Commission during final subdivision review.

4. All street cross-sections and roadway improvements shall be approved by the Department of Public Works. In determining the most safe and appropriate cross-section, the Department shall work to ensure that the development intent of the UDO is properly attained. In determining the intent of the UDO, the Department of Public Works shall, at a minimum, consult with the Planning Department and utilize the Project Concepts and Planning Principles, the Master Plan and Village explanations, the Street Network plan, the Thoroughfare Assignment plan, the draft Street Types plan, and other relevant components of the UDO in determining the street cross-section that protects public safety and most appropriately achieves the community development goals of the UDO. The final approved street cross-sections may be either:
a. Standard Metro Department of Public Works cross-sections;
b. Cross-sections as described in the "Street Type" section of the Thoroughfare Assignment Plan; or
c. Any other street cross-section developed in accordance with AASHTO guidelines as set forth in the latest edition of "A Policy on Geometric Design of Highways and Streets" and certified by an appropriately licensed engineer.
d. Any necessary variances shall go through the appropriate (Metro) process.

5. Focused TIS reports may be required in conjunction with development of individual project phases to identify specific intersection requirements to achieve the planning, mobility and accessibility concepts of the approved UDO.

6. Applicant shall construct a three-lane rural roadway with shoulders on Battle Road between the southern access roadway and Burkitt Road to meet final development plan requirements.

7. Applicant shall construct westbound left turn lanes at existing intersection of existing Carothers Road and Battle Road to provide separate right and left turn lanes.

8. Applicant shall be responsible for the pro rata share of the cost of off-site improvements identified as necessary in the TIS analysis. Contributions shall be phased in conjunction with development phases.

9. Applicant's plans shall identify trail locations and intersect near street intersections.

10. The applicant shall submit a traffic improvements and mitigation phasing plan for review and approval by the Planning Commission prior to approval of the initial subdivision plat. This plan shall be reviewed and recommendations provided by the Department of Public Works and Planning Department. The plan shall identify specific traffic improvements and mitigation measures needed to address the impact of the development on Burkett Rd and Old Hickory Blvd and any additional issues presented in the TIS. The plan shall establish the applicants pro rata share of the identified improvements and a schedule for construction of the improvements or the means for payment or bonding of the pro rata share.

11. Due to the potential impact of this development on the public school system, the applicant shall be required to offer for dedication a school site of twelve acres adjacent to Cane Ridge Park. Such site shall be in accordance with the site condition and location criteria of the Metropolitan Board of Education. The Board of Education may decline such dedication if it finds that a site is not needed or desired. No final plat for development of any residential uses on the site shall be approved until a school site has been dedicated to the Metro Board of Education or the Board has acted to relieve the applicant of this requirement. However, failure of the Board of Education to act prior to final plat consideration and approval by the Metropolitan Planning Commission in accordance with its schedule and requirements shall constitute a waiver of this requirement by the Board of Education.

Sponsored by: Parker Toler

LEGISLATIVE HISTORY
Introduced:	June 7, 2005
Passed First Reading:	June 7, 2005
Referred to:	Planning Commission - Approved 9-0 (June 23, 2005) Planning & Zoning Committee
Passed Second Reading:	July 5, 2005
Amended:	July 19, 2005
Passed Third Reading:	July 19, 2005
Approved:	July 25, 2005
By:
Effective:	July 27, 2005