ORDINANCE NO. BL2006-1295

ORDINANCE NO. BL2006-1295

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 amending the Urban Design Overlay district at Kidd Road (unnumbered) Battle Road (unnumbered), 7140, 7176, 7107, 7211, and 7244 Carothers Road, and Carothers Road (unnumbered), (599 acres total), to permit the addition of 87.07 acres into the existing UDO and to increase the number of residential units from 2,300 to a maximum of 3,000 units and to increase from 150,000 square feet to 200,000 square feet of commercial space, all of which is more particularly described herein (Proposal No. 2005UD-003G-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 making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending the Urban Design Overlay district at Kidd Road (unnumbered) Battle Road (unnumbered), 7140, 7176, 7107, 7211, and 7244 Carothers Road, and Carothers Road (unnumbered), (599 acres total), to permit the addition of 87.07 acres into the existing UDO and to increase the number of residential units from 2,300 to a maximum of 3,000 units and to increase from 150,000 square feet to 200,000 square feet of commercial space, as being Property Parcel Nos. 004, 005, 008, 009, 011, 012, 033, 034, 036, 176, 177 as designated on Map 188 and Property Parcel No. 001,002, and 003 as designated on Map 190 of 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 attached plan that was duly considered by the 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. 188 and 190 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 plat recordation, or as identified in the condition.

1. Prior to final UDO approval, the applicant shall work with the Fire Marshal to meet access requirements or present alternative solutions that meet the intent of the Urban Design Overlay as well as objectives established by the Fire Marshal.

2 . The final approved street cross-sections shall be as outlined in Section 3 below and based on the street cross-section that most closely achieves the intent of the UDO. In determining the intent of the UDO, the Department of Public Works shall, at a minimum, consult with the Planning Department and evaluate the Project Concepts and Planning Principles, the Master Plan and Village explanations, the Street Network plan, the Street Types plan, and other relevant components of the UDO in determining the street cross-section that most appropriately achieves the community development goals of the UDO.

3 . All approved street cross-sections shall be either:
a. Approved Metro Department of Public Works cross-sections;
b. Cross-sections as described in the "Street Type" section of the UDO plan; or
c. Any other street cross-section developed in accordance with AASHTO guidelines as set forth in the latest edition of "A Policy on Geometric Design of Highways and Streets" and certified by an appropriately licensed engineer.

4 . Where specific street cross-sections, roadway and network design are in variance with currently adopted Metro code, rules, policies, and guidelines, the applicant shall seek all necessary approvals from the Planning Commission, Traffic and Parking Commission any other Metro boards and Commissions and if necessary amendments to the Metro Code to permit the implementation of the UDO as designed. All final street and roadway cross-sections are to be certified by an appropriately licensed engineer as in compliance with the guidelines and standards as set forth in the latest edition of "A Policy on Geometric Design of Highways and Streets" to achieve the roadway design speed and appropriate community context.

5 . Focused TIS reports may be required in conjunction with development of individual project phases to identify specific intersection requirements to achieve the planning and mobility concepts of the approved UDO.

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.

LEGISLATIVE HISTORY
Introduced:	December 5, 2006
Passed First Reading:	December 5, 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