ORDINANCE NO. BL2005-892

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 on the north side of Stones River Road at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike to permit the development of 185 single-family lots, and 152 townhouse units, all of which is described here in (Proposal No. 2005P-030G-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 on the north side of Stones River Road at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike to permit the development of 185 single-family lots, and 152 townhouse units, as being a portion of Property Parcel No. 213, and a portion of 7 as designated on Map 85 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. 85 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 or final plat approval, as applicable.

1. A stub street is to be provided to the north, extending from the public street stub to Phase Two (or the townhome development portion) for future development.
2. Align roadways at proposed intersections.
3. Label and dimension 50' pavement radius at southeast temporary turnaround.
4. Revise 50' R.O.W. Section detail. Match ST-252: Residential - Medium Density Minor Local Street (50' ROW). Construction documents to show current Public Works' standard details with signature and date.
5. The developer shall construct 2 right turn lanes and 1 left turn lane, each with 100 feet of storage length and transition per AASHTO standards, on Hickory Hill Lane at Lebanon Road intersection.
6. The developer shall conduct traffic counts and submit signal warrant analysis to the Metro Traffic Engineer for the Hickory Hill Lane / Lebanon Road intersection at 50%, 75% and 100% completion of project. Upon approval of the traffic signal by the Traffic & Parking Commission, the developer shall submit signal plans to the Metro Traffic Engineer for approval and install traffic signal with interconnect and pedestrian facilities per ADA standards.
7. The developer plans to construct an access road for the project through the Pine Brook Apartment site intersecting with Hickory Hill Lane. The access road is to be constructed to Public Works standards for dedication as a public roadway. Modification of the Pine Brook Apartments access driveways and parking space requirement shall be compliant with metro regulations.
8. The developer shall construct a left turn lane with 75 feet of storage and transition per AASHTO standards on Hickory Hill Lane at the project access road.
9. Pedestrian paths shall be provided to Hickory Hill Lane and the proposed Greenway on Stones River Road. No direct roadway connection to the existing Stones River Road will be allowed.
10. Hickory Hill Lane is to be improved from the access road to Lebanon Road to provide a minimum of 11 feet travel and turn lanes. Full width paving is required. Hickory Hill Lane improvements to be completed prior to the installation of traffic signals at the intersection of Hickory Hill Lane and Lebanon Road.
11. The developer is to comply with the Planning Department Subaarea Plan requirements for major street connections. Street design is to be per Public Works standards. Right-of-way dedication is to be provided for possible future major street connection.
12. Private streets are to be constructed to public street standards.
13. Provide solid waste collection and disposal plan.
14. All utilities are to be underground. The utility providing the service is to approve the design and construction. The developer is to coordinate the location of all underground utilities. This project is in the General Services District. Street lighting will be as required by the Planning Department. All street lighting installation, maintenance and energy charges will be the responsibility of the developer and homeowners association.
15. Any approval is subject to Public Works approval of the construction plans. Final design and improvements may vary based on field conditions.
16. 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.
17. 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 and digital 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.
18. 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.
19. 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.
20. 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.
21. With the issuance of any grading permits, the applicant is to contact the State's Division of Archaeology for investigation of archaeological evidence on the property.
22. Prior to Final PUD approval, Metro Parks shall approve the location of the trail near the 75' Dedicated Conservation Greenway Public Access Trail Easement Area along Stones River.
23. Prior to Final PUD approval, revised plans are to be submitted that show:
a. A Standard "B" landscape buffer yard around the townhome development.
b. Add the following note:
"Because this preliminary plat contains lots that have been designated as "critical lots" pursuant to Section 17.28.030 of the Metro Code and the Metro Subdivision Regulations (the "critical lot requirements"), no grading permits may be issued for any phase of this preliminary plat containing critical lots until a grading plan for that phase has been approved by the Planning Department. Prior to final plat approval, a grading plan shall be submitted and approved demonstrating the feasibility of complying with the critical lot standards for the critical lots and the surrounding open space areas for the proposed development. It is possible that the final plat will be required to contain significantly fewer lots than shown on this preliminary plat if the lots designated as critical lots cannot be developed in compliance with the critical lot requirements."

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 7-0
November 10, 2005
Planning & Zoning Committee
Passed Second Reading: January 5, 2006 
Deferred: January 5, 2006
Passed Third Reading: February 7, 2006 - Roll Call Vote 
Approved: February 8, 2006 
By:  
Effective: February 11, 2006