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 located at 2984 Elm Hill Pike, Elm Hill Pike (unnumbered), 851 McCrory Creek Road, McCrory Creek Road (unnumbered), and Neilworth Lane (unnumbered), to permit the construction of 735,000 square feet of office uses, all of which is described here in (Proposal No. 2005P-034G-14).

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 2984 Elm Hill Pike, Elm Hill Pike (unnumbered), 851 McCrory Creek Road, McCrory Creek Road (unnumbered), and Neilworth Lane (unnumbered), to permit the construction of 735,000 square feet of office uses, as being Property Parcel No. 43, 44, 44.01, 42.01, 151 as designated on Map 108 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. 108 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.

Any approval is subject to Public Works approval of the construction plans. Final design and improvements may vary based on field conditions.

1. Plan identifies TDOT proposed right of way through project site. It is recommended that the proposed TDOT right of way be held in reservation, and that no development occur within the proposed right of way. Coordinate with TDOT regarding the proposed Harding Place Extension project.

2. The developer is to provide required right of way, if not available.

3. Show and dimension right of way along Elm Hill Pike, consistent with the approved major street plan (U4). Label and dedicate right of way and amount necessary to accommodate required turn lane(s).

4. Show and dimension right of way along McCrory Creek Road, consistent with the approved major street and collector plan. Label and dedicate right of way 30 feet from pavement centerline, [when applicable the following] and amount necessary to accommodate required turn lane(s).

5. The developer shall provide pedestrian path to the existing Greenway.

6. The developer shall connect a public road to Neilworth Lane through the project development, and shall dedicate right of way.

7. Parcels # 2 and # 1 shall have no driveway access on Elm Hill Pike.

8. Off-site roadway improvements to be determined with final development plan.

As identified in the TIS and TIS supplements,

Elm Hill Pike / McCrory Creek Road intersection

9. The developer shall construct a 750 feet southbound right turn lane on McCrory Creek Road with transition per AASHTO standards at Elm Hill Pike prior to the completion of initial parcel development.

10. The developer shall construct a 100 feet westbound right turn lane on Elm Hill Pike at McCrory Creek Road prior to the completion of initial parcel development.

11. The developer shall modify signal to include a new signal phasing and signal interconnect upon construction of the turn lanes at the intersection. The developer shall submit signal plan modifications to the Metro traffic engineer for approval.

Elm Hill Pike / Donelson Pike intersection

12. The developer shall construct a 125 feet southbound right turn lane on Donelson Pike at Elm Hill Pike with transition per AASHTO standards. Construction shall be completed prior to completion of 250,000 square feet of office or 3,000 ADT.

13. The developer shall construct a 225 feet westbound right turn lane on Elm Hill Pike at Donelson Pike with transition per AASHTO standards. Construction shall be completed prior to completion of 250,000 square feet of office or 3,000 ADT.

14. The developer shall modify signal to include new signal phasing and signal interconnect upon construction of turn lanes. The developer shall submit signal plan modifications to the Metro traffic engineer for approval.

Elm Hill Pike /Bell Road intersection

15. The developer shall construct 375 feet northbound dual left turn lanes on Bell Road at Elm Hill Pike with transition per AASHTO standards. Construction shall be completed prior to completion of 250,000 square feet of office or 3,000 ADT.

16. The developer shall construct a southbound right turn lane extension on Bell Road to provide 330 feet of storage with transition per AASHTO standards. Construction shall be completed prior to completion of 250,000 square feet of office or 3,000 ADT.

17. The developer shall modify signal to include new signal phasing upon construction of turn lanes. The developer shall submit signal plan modifications to the Metro traffic engineer for approval.

Elm Hill Pike /Site Access intersection

18. The developer shall construct a divided median access road with 4 travel lanes and turn lanes as necessary. Dedicate right of way as necessary.

19. Focus TIS will be required at development of individual parcels to determine turn lane storage.

20. The developer shall construct 300 feet minimum eastbound dual left turn lanes on Elm Hill Pike at the access road. Construction shall be completed prior to completion of 250,000 square feet of office or 3,000 ADT.

21. The developer shall conduct traffic counts and submit signal warrant analysis at each parcel's development to the Metro traffic engineer for signal approval. Upon signal approval by the Traffic and Parking Commission, the developer shall submit signal plans with pedestrian signals including ADA facilities and interconnect to the Metro traffic engineer. Upon approval of signal warrant analysis, the developer shall install signal at the access road / Elm Hill Pike intersection. The access road shall be designed to provide adequate signal sight distance.

22. The developer shall construct a 100 feet westbound right turn lane on Elm Hill Pike at the access road with transition per AASHTO standards. The developer shall construct an additional westbound lane on Elm Hill Pike between the access road and McCrory Creek Road prior to completion of initial parcel development.

Elm Hill Pike / Airport Center Drive intersection

23. The developer shall conduct traffic counts and signal warrant analysis at 30%, 50% and 75% completion of project and submit to the Metro traffic engineer for signal approval. Upon signal approval by the Traffic and Parking commission, the developer shall submit signal plans with pedestrian signals including ADA facilities and interconnect to the Metro traffic engineer. Upon approval of the signal warrant analysis, the developer shall install signal at Elm Hill Pike /Airport Center Drive intersection.

24. Department of Army Corps of Engineers letter will be required for any wetland disturbance.

25. A Letter of Map Revision (LOMR) will be required for stream crossing (a "no-rise" letter is not acceptable.

26. A variance will be required for the stream crossing.

27. A Class V Injection Well permit will be required for sinkhole disturbances.

28. A Dedicated Greenway and Conservation Public Access Easement will be dedicated by subdivision plat or by instrument prior to the issuance of building permits.

29. 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.

30. 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 copy 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.

31. 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.

32. The requirements of the Metropolitan Fire Marshal's Office for emergency vehicle access and fire flow water supply during construction must be met prior to approval of any final plat or the issuance of any building permits.

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: Harold White

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LEGISLATIVE HISTORY
Introduced:	December 6, 2005
Passed First Reading:	December 6, 2005
Referred to:	Planning Commission - Approved 8-0 (November 10, 2005) Planning & Zoning Committee
Passed Second Reading:	January 5, 2006
Passed Third Reading:	January 17, 2006
Approved:	January 18, 2006
By:
Effective:	January 21, 2006