ORDINANCE NO. BL2005-746

ORDINANCE NO. BL2005-746

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 Distict located at 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike, to permit a 3000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, all of which is described here in (Proposal No. 2005P-017G-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 located at 7751, 8042, 8050, and 8100 Highway 100, and 7821, 7749, and 7751 Old Harding Pike, to permit a 3,000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet retail and 12,000 square feet of office space,, as being Property Parcel Nos. 208, 116, 114, 116.02 as designated on Map 155 and Property Parcel No.27, 27.01 and 27.02 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. 155 and 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 the following conditions be completed, satisfied or bonded prior to final plat approval:

1. Because sidewalks are located along one side of the internal private-driveway only, all sidewalks must be at least 6 ft. in width, with a 4 ft planting strip between the sidewalk and the driveway pavement.

2. All medians within intersections must provide adequate and safe crossing, as well as, be ADA compliant.

3. All signs shall be monument type signs, not to exceed 5 ft. in height. No free standing sign shall be allowed along Old Harding Pike.

4. Connection with the adjacent properties must be maintained.

5. Although water quality devices are not identified on the preliminary PUD, Stormwater review of the final PUD may determine that some type of water quality device is needed requiring minor or even significant changes. Significant changes that meet certain thresholds specified in Section 17.40.120 of the Metro Zoning Code will require Council approval.

6. 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.

7. 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 and electronic 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.

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.

9. The project roadway improvements shall be coordinated with roadway construction for the Temple Rd TDOT project and the Harpeth Village PUD development Hwy 100 road improvements shall be approved by TDOT.

10. Developer shall construct a 3 lane cross section including center turn lane on Hwy 100. These improvements shall connect to the existing lanes at the Old Harding Pk intersection and proposed lanes for the TDOT Temple Rd project and the Harpeth Village PUD.

11. Developer shall construct a 3 lane cross section on Old Harding Pk from Learning Lane to the proposed Harpeth Village PUD access road. The widening shall align with existing laneage at Learning Lane and the proposed road improvements at the Harpeth Village PUD.

12. Developer shall dedicate required ROW for the road improvements and reserve additional ROW in accordance with the major street plan Classification S4 for Hwy 100 and U4 for Old Harding Pk.

13. Developer shall install a westbound left turn lane with a minimum 100 ft of storage on Old Harding Pk at access driveway.

14. Developer shall install an eastbound left turn lane with 100 ft of storage on Hwy 100 at access driveway.

15. Developer shall construct a westbound right turn lane with 100 ft of storage on HWY 100 at access driveway. The transition length shall be per AASHTO standards.

16. The transition on Hwy 100 at the adjacent Walgreens drive shall be modified to be in accordance with AASHTO standards.

17. The access driveway at Old Harding Pk. shall be constructed with 2 exit lanes and 1 entering lane. Adequate sight distance shall be provided and documented at development. The first internal drive intersection shall be a minimum of 50 ft from the Old Harding Rd reserved ROW.

18. The access driveway at Hwy100 shall be aligned opposite the Church driveway. The access driveway shall be constructed with 2 southbound exit lanes with 80ft of storage and 1 northbound entering lane. The first internal driveways shall be a minimum of 50ft from the reserved HWY 100 ROW. The internal driveways shall be designed to function as right in and right out drives via the use of a median.

19. Cross connection shall be constructed to the adjacent Walgreens and Harpeth Village PUD.

20. Developer shall submit a signal coordination study in order to optimize traffic flow on Old Harding Rd and Hwy 100. This study will be required upon installation of signals at the adjacent Harpeth Village PUD development and completion of 50% of the Shoppes on the Harpeth development.

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. BL2005-746

Mr. President:

I move to amend Ordinance No. BL2005-746 as follows:

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

Section 4. As part of the developments use of the Joint Use Access with the development on Map 156 Parcel Nos. 4, 5, 26, 28, 29, 30, 76, and 113, as shown on the subject plans, the following conditions shall apply:

(A) The cost of the infrastructure improvements made by the developer of the development on Map 156 Parcels 4, 5, 26, 28, 29, 30, 76, and 113 shall be shared by the current applicant, pro rata, based on the trips generated according to the uses permitted by the planned unit development 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 the 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) The pro rata share will be determined based on the total vehicular trips (estimated using the most recent version of "Trip Generation") that will be entitled by this rezoning as a percentage of the total trips entitled by this development and the development authorized by Ordinance No. BL2005-611. In calculating the entitled trips of Ordinance No. BL2005-611, the designated public library site shall not be counted in the calculation. 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 applicant.
(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.

LEGISLATIVE HISTORY
Introduced:	August 2, 2005
Passed First Reading:	August 2, 2005
Referred to:	Planning Commission - Approved 5-2 (July 14, 2005) Planning & Zoning Committee
Passed Second Reading:	September 6, 2005
Amended:	September 20, 2005
Deferred:	September 20, 2005
Amended:	October 4, 2005
Passed Third Reading:	October 4, 2005
Approved:	October 6, 2005
By:
Effective:	October 10, 2005