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 Residential Planned Unit Development, located at 3549 Brick Church Pike and Westchester Drive (unnumbered) to permit the development of 136 single-family lots 29 two-family lots (58 units), 25 assisted-living units (75 beds), and 152 multi-family units, all of which is described here in (Proposal No. 2005P-023G-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 provision of a Residential Planned Unit Development, located at 3549 Brick Church Pike and Westchester Drive (unnumbered) to permit the development of 136 single-family lots 29 two-family lots (58 units), 25 assisted-living units (75 beds), and 152 multi-family units, as being Property Parcel No.147 as designated on Map 41 and Property Parcel Nos. 31, 132 as designated on Map 50 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. 41 and 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 must be completed, satisfied or bonded prior to the recordation of a final plat:

1. If the connection to the north from Road "B" to Brick Drive is not going to be provided at lot 29, then the Right-Of-Way must be abandoned.

2. Approvals are subject to Public Works' review and approval of construction plans.

3. Show and identify roadway street sections per Metro Public Works standard details. ST-253: Residential collector/local street (60' ROW); ST-252: Residential local street (50' ROW); ST-251: Residential minor local (46' ROW).

4. Match existing pavement width on Westchester Drive for roadway continuation.

5. Show all stub streets, and connections to Brick Drive, Willow Creek Road, Brookway Drive, and Brookdale Drive, per ST-252: Residential local street (50' ROW). Dimension right of way.

6. The horizontal centerline radius of Road B (C#1, C#2, and C#3) does not appear to conform to AASHTO geometric design requirements for a 30 mph design speed. The horizontal centerline radius of Westchester Drive (C#7) does not appear to conform to AASHTO geometric design requirements for a 35 mph design speed. The minimum centerline radius of curved segments shall be in accordance with the Subdivision Regulations of the Metropolitan Planning Commission.

7. Verify Road A section. Plan labeled as 50' ROW and 60' ROW. Plan scales 60'. Dimension the three lanes on access Road A at Brick Church Pike.

8. Show and dimension right of way along Brick Church Pike. Label and dedicate right of way 30 feet from pavement centerline on Brick Church Pike, consistent with the approved major street plan (U2 - 60' ROW), [when applicable the following] and amount necessary to accommodate required turn lane(s), to allow for construction of left and right turn lanes on Brick Church Pike.

9. Construct Brick Church Pike with a minimum of 1/2 of a U-2 pavement cross section along property frontage.

10. Show northbound right turn lane at access road with 100 feet of storage and transition per AASHTO standards.

11. Developer shall construct a southbound left turn lane on Brick Church Lane at access road with 75 feet of storage and transitions per AASHTO and MUTCD standards.

12. The access road shall be constructed with 1 entering lane and 2 exiting lanes for separate left and right turns with a minimum of 100 feet of storage for both lanes.

13. Construct Westchester extension with approximately 31 ft of pavement to align with existing Westchester Drive road segments. Road design shall be based on 35 mph design speed.

14. TIS indicates that 10% of PM northbound traffic on Brick Church Pike will turn right at the proposed access road. Therefore, developer shall construct a northbound right turn lane at access road with 100 ft of storage and transition per AASHTO standards.

15. Developer shall provide adequate sight distance at access road intersection with Westchester Drive extension intersection.

16. Developer shall provide adequate sight distance at apartment driveways.

17. Label and dedicate right of way 30 feet from pavement centerline on Brick Church Pike, consistent with the approved major street plan (U2 - 60' ROW), [when applicable the following] and amount necessary to accommodate required turn lane(s), to allow for construction of left and right turn lanes on Brick Church Pike

18. 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.

19. 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.

20. 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.

21. 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.

22. 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: Carolyn Baldwin Tucker

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LEGISLATIVE HISTORY
Introduced:	October 4, 2005
Passed First Reading:	October 4, 2005
Referred to:	Planning Commission -Approved 7-0 (September 8, 2005) Planning & Zoning Committee
Deferred to December 20, 2005:	November 1, 2005
Passed Second Reading:	December 20, 2005
Passed Third Reading:	January 17, 2006
Approved:	January 18, 2006
By:
Effective:	January 21, 2006