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 13880 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 465 feet west of Legacy Drive (173.9 acres), to permit the development of 200 townhouses and 700 single-family houses, all of which is described herein (Proposal No. 2006SP-181G-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 changing from AR2a to SP zoning property located at 13880 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 465 feet west of Legacy Drive (173.9 acres), to permit the development of 200 townhouses and 700 single-family houses, as being Property Parcel Nos. 214, 011 as designated on Map 182-00 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. 182 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 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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Amendment No. 1
To
ORDINANCE NO. BL2006-1254

Mr. President:

I move to amend SP Ordinance No. BL2006-1254 by inserting a new Section 3 and renumbering the following sections of the Ordinance accordingly:
"Section 3. Be it further enacted that the following conditions be bonded, completed, or satisfied prior to final site plan approval, or as otherwise stated or required:
1. Due to the potential impact of this development on the public school system, the applicant is required by Planning Commission policy to offer for dedication a school site in compliance with the standards of Section 17.16.040 for middle schools with a capacity of 800 students. The land dedication requirement is proportional to the development's student generation potential. Such site shall be in accordance with the site condition and location criteria of the Metropolitan Board of Education. The Board of Education may decline such dedication if it finds that a site is not needed or desired. No final plat for development of any residential uses on the site shall be approved until a school site has been dedicated to the Metro Board of Education or the Board has acted to relieve the applicant of this requirement. However, failure of the Board of Education to act prior to final plat consideration and approval by the Metropolitan Planning Commission in accordance with its schedule and requirements shall constitute a waiver of this requirement by the Board of Education.
2. A landscape plan shall be submitted with the final development plan, and must be approved by the Planning Department prior to approval of the final site plan.
3. The phasing plan must be revised to work north from Old Hickory Boulevard to lessen the impact on adjoining subdivisions or revised to route construction traffic to Old Hickory Boulevard.
4. Prior to the final site plan being approved, the proposed crossing of regulated waterways must be approved by the Stormwater Management Committee. If approvals can not be obtained, then the layout must be modified.
5. The site access at Old Hickory Boulevard shall be designed to include one lane for entering traffic and two lanes for exiting traffic. The exiting lanes shall be designed to include 75 feet of storage.
6. An eastbound left turn lane shall be constructed on Old Hickory Boulevard at the project access with 100 ft of storage and transitions per AASHTO/MUTCD standards.
7. A westbound right turn lane shall be constructed on Old Hickory Boulevard at the project access with 75 ft of storage and transitions per AASHTO/MUTCD standards.
8. Along the property frontage, Old Hickory Boulevard shall be improved to provide a collector cross section as approved by Metro Public Works.
9. At the intersection of Old Hickory Boulevard and Burkitt Road, the developer shall conduct a periodic signal warrant analyses as determined by Public Works. If warranted and approved by Public Works, a traffic signal shall be designed and installed by the developer. Applicable road widening (left turn lanes) shall be completed by the developer at this time as well.
10. This request is located in the Infrastructure Deficiency Area (IDA) identified by the Metro Planning Commission. The applicant must improve approximately 5,017 linear feet of roadway. Roadway to be improved will be determined by Public Works' staff prior to the recording of the first final plat.
11. 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 standard Zoning Code requirements of the RM6 district shall apply.
12. 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.
13. Prior to the issuance of any permits, confirmation of preliminary approval of this proposal shall be forwarded to the Planning Commission by the Traffic Engineering Section of the Metropolitan Department of Public Works for all improvements in public right of way.
14. All signage must be approved by the Planning Commission as part of the final site plan approval.
15. 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.
16. The application, including attached materials, plans and reports submitted by the applicant and all adopted conditions of approval shall constitute the plans and regulations as required for the Specific Plan rezoning until a Final Plan is filed per the requirements listed in this Ordinance. Except as otherwise noted herein, the application, supplemental information and conditions of approval shall be used by the planning department and department of codes administration to determine compliance, both in the review of final site plans and issuance of permits for construction and field inspection. Deviation from these plans will require review by the Planning Commission and approval by the Metropolitan Council.
17. Minor adjustments to the site plan may be approved by the planning commission or its designee based upon final architectural, engineering or site design and actual site conditions. All adjustments shall be consistent with the principles and further the objectives of the approved plan. Adjustments shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or intensity, add uses not otherwise permitted, eliminate specific conditions or requirements contained in the plan as adopted through this enacting ordinance, or add vehicular access points not currently present or approved.

Sponsored by: Sam Coleman

LEGISLATIVE HISTORY
Introduced:	November 9, 2006
Passed First Reading:	November 9, 2006
Referred to:	Planning Commission - Approved 9-0 (November 14, 2006) Planning & Zoning Committee
Passed Second Reading:	January 2, 2007
Amended:	January 16, 2007
Passed Third Reading:	January 16, 2007
Approved:	January 17, 2007
By:
Effective:	January 19, 2007