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 91 Tusculum Road, to allow 40 townhomes, (4.45 acres, all of which is described here in (Proposal No. 2006P-004U-12).

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 91 Tusculum Road, to allow 40 townhomes (4.45 acres), as being Property Parcel No. 055 as designated on Map 162 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. 162 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 the issuance of any building permits.

1. Prior to final PUD approval the plan must be revised to include a revised sidewalk design so that the entire development is connected to Benzing Road by a sidewalk.

2. Final PUD must demonstrate how it will meet special policy for stormwater.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

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

9. Solid waste collection and disposal must be approved by Public Works Solid Waste Division.

10. Document adequate site distance at project entrance prior to submitting construction plans.

11. Improvements to Benzing Road may be required. Improvements to be determined with final PUD plan/construction plan review by Metro Public Works.

12. Proposed sidewalks to be constructed to Public Works standards and specifications. Sidewalk to be located within right of way.

13. Maximum slopes on private streets to be 14%.

14. Show 14% maximum slopes on private streets.

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: Sam Coleman

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LEGISLATIVE HISTORY
Introduced:	April 4, 2006
Passed First Reading:	April 4, 2006
Referred to:	Planning Commission - Approved 9-0 (March 9, 2006) Planning & Zoning Committee
Deferred to July 6, 2006:	May 4, 2006
Passed Second Reading:	July 6, 2006
Passed Third Reading:	July 18, 2006
Approved:	July 19, 2006
By:
Effective:	July 21, 2006