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 5007 Gallatin Pike, 1001, 1003, 1005, 1007, 1009, 1011, 1013, 1015 Joyce Lane, and Joyce Lane (unnumbered), to permit the development of a 133,007 square foot commercial retail building, and two 3,600 square foot buildings on 2.18 acre out parcel (16.27 acre total), all of which is described herein (Proposal No. 2005P-027U-05).

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 5007 Gallatin Pike, 1001, 1003, 1005, 1007, 1009, 1011, 1013, 1015 Joyce Lane, and Joyce Lane (unnumbered), to permit the development of a 133,007 square foot retail building, and two 3,600 square foot commercial buildings on 2.18 acre out parcel (16.27 acre total), as being Property Parcel Nos. 9, 9.01, 46, as designated on Map 61 and Property Parcel Nos. 72, 73, 74, 75, 76, 77, 78, 78.01 as designated on Map 61-03 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. 061 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 bonded, completed, or satisfied prior to final PUD approval or final plat approval, as applicable.

1. Prior to final PUD approval, the plans and site data tables must be consistent.

2. The total number of proposed parking spaces must meet the Zoning Code requirements prior to final PUD approval.

3. An adequate sidewalk network that allows pedestrians to move safely throughout the development must be provided and approved by the Planning Commission prior to final PUD approval.

4. Prior to final PUD approval, the preliminary plan should be revised to identify the uses and site layout of the outparcel. This may require an amendment to the plan.

5. Improvements within State owned right-of-way, must have final approval from TDOT prior to final PUD approval.

6. All stormwater appeals must be approved prior to final PUD approval. The plan may need to be amended if approvals are not given by the Stormwater Appeals Committee.

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

8. 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.

9. 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.

10. If this final approval includes conditions which require correction/revision of the plans, authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until copies of the corrected/revised plans have been submitted to and approved by staff of the Metropolitan Planning Commission.

11. Authorization for the issuance of permit applications will not be forwarded to the Department of Codes Administration until additional copies of the approved plans have been submitted to the Metropolitan Planning Commission.

12. These plans as approved by the Planning Commission will be used by the Department of Codes Administration to determine compliance, both in the issuance of permits for construction and field inspection. Significant deviation from these plans will require reapproval by the Planning Commission.

13. Approve, subject to final design and approved by Public Works and the Tennessee Department of Transportation.

14. Developer shall realign the Briley Parkway eastbound on-ramp and the eastbound to southbound off-ramp. These ramps shall be located opposite Joyce Lane. Developer shall modify off-ramp per Tennessee Department of Transportation determination.

15. Developer shall modify the existing median on Gallatin Pike to allow through and left turning movements from Joyce Lane and to allow northbound traffic on Gallatin Pike to turn left onto Joyce Lane.

16. Developer shall construct a northbound left turn lane on Gallatin Pike at Joyce Lane with a minimum of 150 feet of storage length with transition per AASHTO standards.

17. Developer shall rebuild the traffic signal at Briley Parkway on-ramp / Gallatin Pike and Joyce Lane to accommodate roadway modifications. Replace existing poles with mast arms. Pedestrian signals and facilities shall be provided per ADA standards. Developer shall submit signal plans to Metro Traffic Engineer for approval.

18. Developer shall modify the existing southbound left turn lane on Gallatin Pike at the Briley Parkway on-ramp and construct a minimum storage length of 660 feet. This southbound left turn lane shall abut the northbound left turn lane. Northbound left turn lane storage shall be determined with future analysis.

19. On Joyce Lane at Gallatin Pike intersection, Developer shall construct an eastbound left turn lane with a minimum of 350 feet of storage, a separate through lane and a separate right turn lane with 150 feet of storage with transition per AASHTO standards.

20. Out parcel driveway on Joyce Lane shall be eliminated by developer and access provided by cross access from superstore access driveway.

21. Developer shall reconstruct Joyce Lane to provide a three lane cross section, including a full with pavement overlay with transition per AASHTO standards. Curb & gutter and sidewalk shall be constructed on both sides of Joyce Lane.

22. Developer shall reconstruct Gallatin Pike to provide three southbound lanes from the westbound off-ramp from Briley Parkway to Solley Drive.

23. Developer shall construct a westbound right turn lane on Joyce Lane at main driveway with a minimum if 75 feet of storage and transition per AASHTO standards.

24. The 133,007 square foot commercial retail building shall be constructed primarily of masonry exterior finish materials (brick and split-face block), however the rear of the structure along the CSX railroad may be constructed of poured concrete or tilt wall with a stamped brick pattern (e.g., Formliner).

25. The structures to be constructed on the out-parcels shall be designed and built with materials consistent with the exterior finish materials (primarily brick and split-face block) used in the construction of the 133,007 square foot commercial retail building.

26. The133,007 square foot commercial retail building shall not store any rental equipment in front of the store and shall only store such equipment to the side or rear of the store with dense landscape or opaque screening.

Section 4. Be it further enacted that the developer shall satisfy the following conditions:

1. The 133,007 square foot commercial retail building shall be constructed primarily of masonry exterior finish materials (brick and split-face block), however the rear of the structure along the CSX railroad may be constructed of poured concrete or tilt wall with a stamped brick pattern (e.g., Formliner).
2. The structures to be constructed on the out-parcels shall be designed and built with materials consistent with the exterior finish materials (primarily brick and split-face block) used in the construction of the 133,007 square foot commercial retail building.
3. The 133,007 square foot commercial retail building shall not store any rental equipment in front of the store and shall only store such equipment to the side or rear of the store with dense landscape or opaque screening.

Section 5. 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: Michael Craddock

View Sketch

Amendment No. 1
To
Ordinance No. BL2005-881

Mr. President:

I move to amend Ordinance No. BL2005-881 by substituting the plan referenced in Section 1 with the revised plan dated October 26, 2005, that is on file with the Metropolitan Planning Department (a true and authentic reduced copy of which is attached hereto) and made a part of this ordinance as though copied herein.

Sponsored by: Michael Craddock

View Attachment