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 4334, 4374 and 4414 Maxwell Road and Maxwell Road (unnumbered), and Route 2 Maxwell Road, (77.3 acres), approximately 430 feet east of Flagstone Drive, to permit 328 single-family attached units and detached units, all of which is described herein (Proposal No. 2006SP-081U-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 AR2a to SP zoning property located at 4334, 4374 and 4414 Maxwell Road and Maxwell Road (unnumbered), and Route 2 Maxwell Road, (77.3 acres), approximately 430 feet east of Flagstone Drive, to permit 328 single-family attached units and detached units, being Property Parcel Nos. 073, 104, 105, 106, 130 as designated on Map 165 and Property Parcel Nos. 008, 041, and part of 026 as designated on Map176 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. 165 and 176 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 site plan approval, or as specified in the condition.

1. As per Public Works, prior to final SP approval, the developer shall schedule a pre-study scope determination meeting with the Department of Public Works, and submit a traffic impact study for review. Developer shall comply with all conditions as identified by the traffic impact study and as determined by the Metro Traffic Engineer for improvements within the public right of way.

2. Minimum lot area for front-loaded houses shall be 6,000 square feet.

3. Sight triangle provisions shall be applicable to this development.

4. Front loaded garages must be recessed a minimum of 20 feet from the front façade of the house.

5. The plan shall designate 15% of open space as usable. Open space shall be considered usable when fronted by buildings and made assessable to pedestrians by walkways or paths.

6. Street trees are required along all public streets.

7. All parking, utilities, meter boxes, heating and cooling units and other mechanical systems shall be screened to a minimum height of 3 feet, or located from public view.

8. Landscape plan for each phase must be approved by planning staff prior to approval of any final development plan.

9. Sinkhole boundaries shall not be within any lots and shall be designated within open space.

10. A phasing plan shall be submitted prior to submittal of any final development plan.

11. For any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission approval, the standard Zoning Code requirements of the R6 district shall apply for the detached units and RM4 for the attached units.

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 Sections of the Metropolitan Department of Public Works for all improvements within public rights of way.

14. 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 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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 elementary schools with capacity of 500 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 and shall be within the Antioch High School cluster. 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.

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: Buck Dozier, Sam Coleman

View Sketch

Amendment No. 1
To
Ordinance No. BL2006-1303

Mr. President:

I move to amend Ordinance No. BL2006-1303 as follows:

1. By deleting the phrase "328 single-family", wherein it appears in the caption and in Section 1 of the ordinance, and substituting in lieu thereof the phrase "318 single-family".
2. By amending Section 3 by deleting paragraph 19 in its entirety and substituting in lieu thereof the following new paragraph 19:
"19. The applicant shall be required to set aside an area of approximately five (5) acres for an open space/public park. The location of this open space/public park shall be as indicated on the revised SP plan on file with the Planning Department dated February 16, 2007."

3. By amending Section 3 by adding the following new conditions at the end thereof:

"20. Prior to platting the 150th lot, left turn lanes shall be constructed on Maxwell Road for eastbound and westbound traffic at Lavergne/Couchville Pike. Each lane shall be designed with 75ft of storage and transitions per AASHTO/MUTCD standards.

21. Prior to platting the 150th lot, a dedicated right turn lane shall be constructed for southbound traffic on Old Hickory Boulevard at Murfreesboro Road. This lane shall be designed with 100ft of storage and a taper per AASHTO standards.

22. The eastern most 'north-south road' shall be extended to Maxwell Road.

23. Maxwell Road shall be improved along the property frontage to provided one-half of Metro's standard ST-252 cross section.

24. The two major interior roads are to be 50 feet ROW with the construction of ST-252 roadway section.

25. A turnaround shall be constructed at the existing dead-end of Maxwell Road if an easement/right-of-way is available, or at the end of the area reserved for a school site.

26. Prior to platting the 150th lot, Maxwell Road is to receive a full width pavement overlay from Lavergne/Couchville Pike to the new cul-de-sac. The paving is to be a minimum of 2 ea. 11 feet stripped travel lanes with a minimum of 2 feet gravel shoulders. This work is to be coordinated with the Public Works Paving section inspector."

4. By renumbering Section 4 as Section 5 and adding the following new Section 4:

"Section 4. 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:	December 5, 2006
Passed First Reading:	December 5, 2006
Referred to:	Planning Commission - Approved 6-1 (July 13, 2006) Planning & Zoning Committee
Deferred to March 6, 2007: (Public Hearing)	January 2, 2007
Amended:	March 5, 2007
Passed Second Reading:	March 5, 2007
Passed Third Reading:	March 20, 2007
Approved:	March 21, 2007
By:
Effective:	March 23, 2007