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 a portion of the Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), previously approved for 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank uses, and to amend by allowing for 101,677 square feet of retail/restaurant/bank uses, 20,000 square feet of office, and to allow for a new ingress/egress along Highway 100, all of which is more particularly described herein (Proposal No. 2005P-008G-06).

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 Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), previously approved for 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank uses, and to amend by allowing for 101,677 square feet of retail/restaurant/bank uses, 20,000 square feet of office, and to allow for a new ingress/egress along Highway 100, as being various Property Parcel Nos. as designated on Map 156-9-A 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. 156 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 the issuance of any permits, or specifically required in the condition.
1. Use and occupancy permits shall not be issued until completion of all intersection roadway and signal improvements at Hwy 100 & Temple Road.
2. Developer shall modify signal at Hwy 100 & Temple Road. A signal plan shall be provided to the Metro Traffic Engineer for approval.
3. Driveways onto Temple Road shall provide a minimum of 2 exit lanes, to provide a separate left turn lane with 50 ft of storage, and 1 entering lane.
4. Developer shall conduct traffic counts at 50% and 100 % completion of project and submit warrant analysis to Metro Traffic Engineer for the intersection of Old Harding Pike and Temple Road extension. Developer shall install traffic signal at this location if approved. A signal plan shall be submitted for Metro Traffic Engineer approval.
5. No additional access drives onto Hwy 100 will be allowed

Section 4. Be it further enacted that, a final corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of this ordinance. If a final corrected copy of the PUD plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of this ordinance, then the final corrected copy of the PUD plan shall be presented to the Metro Council as a new amendment to the PUD prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 5. 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: Charlie Tygard

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Amendment No. 1
To
Ordinance No. BL2007-1340

Mr. President:

I move to amend Ordinance No. BL2007-1340 by amending Section 3 as follows:

1. By deleting condition number 5 and substituting in lieu thereof the following new condition number 5:

“5.  Access for vehicular ingress and egress shall be allowed onto Highway 100 as shown on the plan on file with the Metropolitan Planning Department.  No other access drives onto Highway 100 shall be allowed.

2. By adding the following new condition number 6:

“6.  The developer shall install, at the developer’s sole expense, a traffic signal at the intersection of Old Harding Pike and Temple Road (extended).”

Sponsored by: Charlie Tygard