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 changing from AR2a to SP zoning property located at Route 2 Maxwell Road, Maxwell Road (unnumbered), and 4154 Murfreesboro Pike, located approximately 630 feet west of LaVergne-Couchville Pike, (44.79 acres) to permit 110 single-family homes and 159 townhouses for a total of 269 dwelling units, all of which is described here in (Proposal No. 2006SP-072G-13).

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 changing from A request to change from AR2a to SP zoning property located at Route 2 Maxwell Road, Maxwell Road (unnumbered), and 4154 Murfreesboro Pike located approximately 630 feet west of LaVergne-Couchville Pike (44.79 acres), to permit 110 single-family homes and 155 townhouses for a total of 265 dwelling units, as being Property Parcel Nos. 064, 065, 102, and Part of 76 as designated on Map 175-00 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. 175
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 completed, bonded, or satisfied prior to final site plan approval, or as applicable.

1. All off-site traffic conditions, as recommended by Public Works, must be bonded or completed prior to final SP development plan approval, or final plat approval, as applicable.

2. Any approval within public right of way is subject to Public Works' approval of the construction plans. All public street cross sections, geometry, and roadway improvements shall be approved by the Department of Public Works, and shall support the projected traffic volumes and on street parking. Final design and improvements may vary based on field conditions.

3. Prior to final site plan approval, the plan must document adequate sight distance at project access points, per AASHTO design standards for posted speed limit. This must be included on the final site plan and construction plans.

4. The Final Site Plan must show parking table and must identify all proposed parking locations (garage /on-street, etc.).

5. There shall be no direct vehicular access to roundabout from the surrounding units/lots.

6. In order to safely accommodate vehicular movements to and from public streets, the sight distance and visibility provisions of the Zoning Code shall be required.

7. Provide plans for solid waste collection and disposal on any final site plan. The plan must be approved by the Public Works Solid Waste Division.

8. Identify sinkholes on any final site plan. If the placement of fill material into sinkholes/depressions is required, the applicant must comply with the rules, regulations, and specifications of the Public Works Department and other governmental agencies.

9. Per the recommendations of the TIS, construct an eastbound right turn lane on Old Hickory Boulevard at Maxwell Road with 100 ft of storage and transitions per AASHTO standards.

10. Per the recommendations of the TIS, all access roads onto Maxwell Road shall be constructed with one entering and two exiting lanes (LT and RT) each with 100 ft of storage and transitions per AASHTO/MUTCD standards.

11. Per the recommendations of the TIS, sight distance limitations at the easternmost access road onto Maxwell Road shall be corrected by the developer at the time of development.

12. Prior to final site plan approval by the Planning Commission, the Tennessee Department of Environment and Conservation, or applicable agency, shall provide, in writing, the approval for development of the site and any necessary mitigation measures for potential endangered species.

13. Prior to any additional development applications for this property, the applicant shall provide the Planning Department with a final corrected copy of the SP plan for filing and recording with the Davidson County Register of Deeds.

14. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the RM9 zoning district, which must be shown on the plan.

15. All Fire Marshal requirements must be met prior to Final Site Plan approval. 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.

16. A sinkhole study/geotechnical study is to be completed by a Registered Engineer prior to Final Site Plan approval. The report should specifically address the low area near the main road and roundabout and provide recommendations for structural fills, grading, bearing capacities, etc. This report must be submitted prior to or in conjunction with the submittal of the final SP site plan. Should the geotechnical report indicate that the sinkholes are larger than identified on the preliminary SP district plan, the number of units and layout of the roads may be reduced and relocated.

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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