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 amending a portion of the existing Commercial and Residential Planned Unit Development district located at McCrory Lane (unnumbered), Newsom Station Road (unnumbered), 8101, 8161, 8171 McCrory, (1151.53 acres), to add 180.58 acres to the PUD, and to permit 441 single-family lots, 576 townhomes, 380 apartments, 900,000 square feet of retail, restaurant, office, and hotel uses, replacing 380 single-family lots, 110 duplex lots, 800 multi-family units, and 1,851,100 square feet of retail, restaurant, office, and hotel uses, all of which is more particularly described herein, (Proposal No. 84-85-P-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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending a portion of the existing Commercial and Residential Planned Unit Development district located at McCrory Lane (unnumbered), Newsom Station Road (unnumbered), 8101, 8161, 8171 McCrory, (1151.53 acres), to add 180.58 acres to the PUD, and to permit 441 single-family lots, 576 townhomes, 380 apartments, 900,000 square feet of retail, restaurant, office, and hotel uses, replacing 380 single-family lots, 110 duplex lots, 800 multi-family units, and 1,851,100 square feet of retail, restaurant, office, and hotel uses, being Property Parcel No. 10, 11, 12, 21- 29, 39, 40, 45, a portion of 20 (24.70 acres) and 18 (46 acres) as designated on Map 140 and Property Parcel No. as designated on Map of 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 attached plan that was duly considered by the 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. 140 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, or bonded when necessary prior to, or in conjunction with the appropriate final plat:

1. The PUD plans shall show a class "C" perimeter landscape buffer along the southern boundary of the PUD, within the proposed RS40 single family area. The PUD plans shall show the required landscape buffers between the single family (RS40) and the Mixed Use (MUL) zoning (class "A" buffer), or the multifamily (RM2) and the Mixed Use (MUL) zoning (class "A" buffer "A"), and the SCR and the RM6 zoning (class "D" buffer).

2. Single family lots that abut the southern perimeter of the PUD must meet the size requirements of the Metro Zoning Ordinance regarding cluster lots.

3. All critical lots shall be noted on the plans as per the Metro Zoning Ordinance, including the critical lot note. All lots on between 20 and 25% slopes must be designated as critical lots, and lots greater than 25% must be platted as common open space. Though the PUD provisions allow the Planning Commission to authorize the creation of lots ranging up to 25% slope, some lots may be lost if the proposed lot configuration involves substantial grading on slopes of 25% or more.

4. The applicant shall attempt to minimize stream disturbances. The preliminary PUD plans may need to be revised prior to final PUD approval. The proposed lot layout may have to be reworked and lot number and/or lot sizes reduced.

5. At the final PUD stage, midblock traffic calming devices may be required for any cul-de-sac longer than 750 feet, where such devices shall be planned and coordinated with the Metro Planning Department and Public Works Departments.

6. On the private drives (cul-de-sacs) that serve townhomes, combined driveways shall be used to reduce the amount of curb cuts.

7. All cul-de-sacs that extend to the PUD district limits shall be labeled as "temporary turnarounds."

8. 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. If any cul-de-sac is required to be larger than the dimensions specified by the Metropolitan Subdivision Regulations, such cul-de-sac must include a landscaped median in the middle of the turn-around, including trees. The required turnaround may be up to 100 feet diameter. The number of lots may be reduced from the preliminary (amended) PUD plans to comply with this requirement.

9. Fire hydrants should flow at least 1,500 GPMs at 40 psi. Water calculations shall be submitted to the Fire Marshal's Office for approval before the final PUD can be approved.

10. Prior to final PUD approval, the area outlined as open space immediately south of McCrory Lane and north of the western townhome units is being offered as a donation to the Metro Parks Department for use as a passive park. Should Metro accept this donation, the area will be deeded to Metro for that use. If not accepted, the area will remain open space for the PUD and its maintenance will be the responsibility of the owner's association.

11. Note that to comply with the above 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 # _____."

12. In order to determine specific laneage, queuing, signalized locations, and secondary driveway locations, focused TIS reports shall be submitted for the individual tracts prior to any transfer of land in phase 1 or phase 2.

13. All improvements within I-40 or Highway 100 right of way shall be reviewed and approved by the Tennessee Department of Transportation prior to construction. Loop ramp proposal may require an Interchange Modification Study approved by the Federal Highway Administration. Improvements on Highway 100 should be consistent with the APR prepared for the State by Neel-Schaffer.

PHASE 1 DEVELOPMENT CONDITIONS

Phase 1 development includes the following land uses:
114,000 square feet of office uses, 240,750 square feet of retail uses, 213 hotel rooms, 9250 square feet of restaurant uses, 192 apartments, 288 town homes, and 220 single family.

The total trips allowed for phase 1 are 827 a.m. peak hour and 1473 p.m. peak hour. Trips which exceed the above a.m. peak, or p.m. peak trips will trigger the roadway improvements for phase 2.

The following roadway improvements shall be required.

McCrory Lane from the I-40 eastbound ramps to the eastern PUD boundary

14. Developer shall re-align and construct McCrory Lane from the I-40 eastbound ramps to the eastern PUD boundary as a 4 lane arterial with a minimum of 100 ft of right of way with a 27 ft wide median and transition to existing McCrory Lane lanes at eastern edge of property. Along the eastern portion of McCrory lane, a section of required right of way is currently not under the control of the developer. The road widening in this location shall be bonded and the road constructed prior to phase 2 development. The construction of 110 residential town homes in section O shall be delayed until the road is widened in this vicinity.

15. The applicant shall continue to work with Public Works and Planning on the cross-section and appropriate Right-of-way for the main road that goes through the single-family area. The agreed-upon road standard will have to come back before the Planning Commission for final PUD approval.

16. McCrory lane shall be designed with a minimum 45 mph speed limit and shall be constructed to provide adequate sight distance.

17. Roadways containing a median shall be constructed with median cut spacing at least 600 ft. Left turn lanes shall be constructed at all median cuts. Signal locations and specific turn lane design shall be determined with a Focused TIS. Optimum signal spacing will be established at 1250 ft to 1500 ft.

18. Traffic signals shall be installed by the developer at intersections determined by the focused TIS for specific sites upon approval by the Metro Traffic Engineer and Traffic and Parking Commission.

McCrory Lane at I-40 Westbound Ramps

19. At McCrory Lane / I-40 Westbound Ramps intersection, Developer shall conduct traffic counts and submit signal warrant analysis after issuance of use and occupancy permits at 50%, 75%,and 100% completion of phase 1 development, or as required by the Metro Traffic Engineer. Upon signal approval by Metro Traffic engineer, developer shall submit signal plans and install a signal at the westbound ramps and McCrory Lane.

20. Developer shall Widen McCrory Lane to a 3 lane cross section and install a northbound left turn lane with a minimum of 100 ft of storage on McCrory Lane at the I-40 westbound ramp by relocating guardrails.

McCrory Lane at I-40 Eastbound Ramps

21. Developer shall conduct traffic counts and submit signal warrant analysis at 25%, 50 %, 75% and 100% completion of phase 1 development, or as required by the Metro Traffic Engineer. Upon signal approval by Metro Traffic engineer and Traffic and Parking Commission, the developer shall submit signal plans and install a signal at the relocated eastbound ramps and McCrory Lane.

22. Developer shall relocate the I-40 east bound ramp to the proposed alignment of the relocated McCrory lane. The ramp intersection shall be located a minimum of 300 ft south of the I-40 overpass on McCrory Lane. The east bound off- Ramp shall be constructed with separate left and right turn lanes. The right turn lane shall be channelized and provide free -flow operation by continuing southbound on realigned McCrory Lane.

23. Developer shall widen McCrory Lane to a 3 lane cross-section under the overhead bridge structure between the existing I-40 ramp intersections by relocating guardrails. Southbound dual left turn lanes shall be constructed on McCrory lane at the Eastbound on-ramps with a minimum of 200 ft of storage before tapering to one left turn lane under the I-40 bridge.

24. The eastbound I-40 on-ramp shall be widened to 2 lanes to accommodate the southbound dual left turn lanes on McCrory Lane.

25. Developer shall construct 1 northbound through lane and a separate northbound right turn lane on McCrory Lane at the intersection with the eastbound on ramp.

26. McCrory Lane widening and I-40 ramp reconstruction shall occur in conjunction with the re-alignment and widening of McCrory lane to a 4 lane arterial.

27. All modifications to the I-40 ramps and McCrory Lane in this vicinity shall be approved by the Tennessee Department of Transportation.

McCrory Lane and Poplar Creek Road

As recommended in the TIS addendum dated 5/17/05,
28. At 75% and 100% completion of phase 1 development, Developer shall conduct traffic counts at McCrory Lane and Poplar Creek Road intersection, and submit signal warrant analysis for signal approval. Developer shall submit signal plans and install signal when approved by Metro Traffic Engineer and Traffic and Parking Commission.

29. In coordination with signal installation, Developer shall construct a southbound left turn lane on McCrory Lane with 75 feet of storage with transition per AASHTO Standards if adequate right-of -way is available. Adequate site distance shall be provided.

State Route 100 (HWY 100) at McCrory Lane

30. At Highway 100 / McCrory Lane intersection, Developer shall conduct traffic counts and submit signal warrant analysis at 50%, 75% and 100% completion of phase 1 development for signal approval, or as required by Metro Traffic Engineer. Developer shall submit signal plans and install signal when approved by Metro Traffic Engineer and Traffic and Parking Commission.

Currently, the Tennessee Department of Transportation has plans to improve this intersection. However, improvements have not been funded. Improvements at Highway 100 shall be coordinated with and approved by the Tennessee Department of Transportation.

PHASE 2 DEVELOPMENT CONDITIONS:

At project completion, it is estimated that the total a.m. peak hour trips will be 1586; p.m. peak hour trips will be 2568. Roadway improvements for Phase 2 development will require right of way acquisition that is not controlled by the developer. Roadway Improvements to the I-40 interchange will need to be coordinated with and approved by the Tennessee Department of Transportation.

In accordance with the TIS and submitted TIS addendums, the following improvements as identified on a feasibility plan submitted on 5/13/05 shall be constructed for phase 2 development.

McCrory Lane at I-40 Westbound Ramp / Newsom Station Road

31. In order to accommodate westbound off-ramp traffic traveling south on McCrory Lane, a loop off ramp shall be constructed in the northwest corner of the interchange. This lane shall pass under the western span of the I-40 bridge before merging into 2 southbound lanes on McCrory Lane at the relocated intersection of McCrory Lane and I-40 eastbound ramps.

32. The existing westbound on-ramp shall be relocated to the new Newsom Station Road location. Developer shall modify the existing signal at this location to accommodate a 4th leg.

33. Intersection shall be re-designed to accommodate adequate truck turning movements and provide adequate sight distance.

34. Developer shall install a northbound left turn lane with 200 ft of storage on McCrory Lane at the recently relocated Newsom Station Road, in order to permit storage of vehicles entering I-40 westbound.

35. The existing I-40 westbound off-ramp shall be modified in order to permit right turn only at McCrory Lane. Developer shall construct an additional northbound through lane on McCrory Lane between this ramp and Newsom Station Road.

36. Developer shall construct an additional southbound through lane on McCrory Lane from Newsom Station Road to align with the 4 lane cross section of McCrory lane constructed in Phase 1.

Newsom Station Road

37. Developer shall construct an additional left turn lane to permit 1 through / right lane and dual left turn lanes with a minimum of 150 ft of storage on Newsom Station Rd at McCrory Lane.

38. Additional right of way shall be reserved for a commercial collector road along the commercial portion of the PUD. A focused TIS shall be submitted to determine roadway laneage requirements, traffic control, and driveway locations for Newsom Station Road along the frontage of this commercial portion of the Biltmore PUD.

McCrory Lane and Poplar Creek Road

39. If this intersection has not been signalized, prior to phase 2 development, developer shall conduct traffic counts at McCrory Lane and Poplar Creek Road intersection, and submit signal warrant analysis for signal approval. Developer shall submit signal plans and install signal when approved by Metro Traffic Engineer and Traffic and Parking Commission.

40. In coordination with signal installation, Developer shall construct a southbound left turn lane on McCrory Lane with 75 feet of storage with transition per AASHTO standards if adequate right of way is available. Adequate site distance shall be provided.

State Route 100 (HWY 100) at McCrory Lane

Currently, the Tennessee Department of Transportation has plans to improve this intersection. However, improvements have not been funded. As discussed in the TIS this intersection will operate with major delays at completion of the phase 2 development without roadway improvements. Therefore, prior to commencing phase 2 development, Phase 1 signalization improvements shall be installed and the following road widening is required.
41. Developer shall construct an eastbound left turn lane on Highway 100 with 250 feet of storage and a westbound right turn lane on Highway 100 with 275 feet of storage and transitions per AASHTO Standards.

42. Developer shall construct an additional southbound lane with adequate storage length on McCrory Lane at the intersection with Highway 100. Southbound lanes shall be striped for separate left and right turn lanes.

43. Approvals are subject to Public Works' review and approval of construction plans. Roadways to be designed in accordance with all applicable Public Works' details and specifications. Conditions and approvals are subject to Public Works' review and approval of construction plans.

44. Streets to have sufficient radii to allow SU-30 vehicle to maneuver w/ cars parked on one side. Some short loop streets appear inadequate for SU-30 design vehicle movements.

45. Show and identify existing contour intervals.

47. No private street shall be constructed which will permit access or connection between two (2) public streets. Eliminate connection of public residential street to private multi-family street located at TVA lines.

48. Provide a minimum of two outlets to McCrory Lane from single-family residential.

49. The applicant shall continue to work with Public Works and Planning on the cross-section and appropriate Right-of-way for the main road that goes through the single-family area. The agreed-upon road standard will have to come back before the Planning Commission for final PUD approval.

50. Label streets on overall plan by name or letter designation, and proposed street cross section, especially sheet 1A. Additional comments may be forthcoming after proposed street cross sections are identified.

51. Retaining walls must be located outside the right of way at a distance to not impact the roadway if wall failure occurs.

52. 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.

53. 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.

54. 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.

55. 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.

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

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LEGISLATIVE HISTORY
Introduced:	June 7, 2005
Passed First Reading:	June 7, 2005
Referred to:	Planning Commission - Approved 7-0 (May 26, 2005) Planning & Zoning Committee
Passed Second Reading:	July 5, 2005
Passed Third Reading:	July 19, 2005
Approved:	July 25, 2005
By:
Effective:	July 27, 2005