LEGISLATIVE HISTORY
(May 22, 2008)
Planning & Zoning Committee
October 6, 2009 Council Meeting
September 29, 2009
ORDINANCE NO. BL2008-234
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 CS and R10 to SP zoning for the McCrory Creek development located at 559, 635, 637, 761, and 851 McCrory Creek Road, McCrory Creek Road (unnumbered), 2984 and 2998 Elm Hill Pike, Elm Hill Pike (unnumbered), and Neilworth Lane (unnumbered), on the south side of McCrory Creek Road north of I-40 (185.94 acres), zoning to permit 2,700,000 square feet office and retail/commercial space, all of which is described herein (Proposal No. 2008SP-013G-14).
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 CS and R10 to SP zoning for the McCrory Creek development located at 559, 635, 637, 761, and 851 McCrory Creek Road, McCrory Creek Road (unnumbered), 2984 and 2998 Elm Hill Pike, Elm Hill Pike (unnumbered), and Neilworth Lane (unnumbered), on the south side of McCrory Creek Road north of I-40 (185.94 acres), zoning to permit 2,700,000 square feet office and retail/commercial space, as being Property Parcel Nos. 020, 021, 022, 023, 025, 026, 045, 046, 048 as designated on Map 096-00 and Property Parcel No. 042.01, 043, 044, 044.01, 045, 047, 151 as designated on Map 108-00 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 Nos. 096 and 108 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 as otherwise specifically required in the condition:
1. Direct pedestrian access shall be provided from the development to the Waterfalls Subdivision. Access points shall be located at the western terminus of Falls Creek Drive and Niagara Drive.
2. Prior to final Council approval a more detailed list of permitted uses shall be incorporated into the document.
3. Prior to final Council approval the note on the Master Site Plan referring to the distribution of floor area shall be modified to adequately address the subject.
4. Note specifying where front setbacks in the Office Campus, Mixed-Use, and Office/Service Center districts are to be measured from shall be modified to address private streets and public streets.
5. Note on page 26 regarding “tree density bonus” shall be approved by the Metro Urban Forester prior to final approval by Council. Note shall be modified or omitted as directed by the Urban Forester.
6. A note shall be added to page 48 and 49 stipulating (Signage) that the sign panel on ground signs shall not be taller than 6 feet, and that 20% of the sign structure shall have a max height of 15 feet.
7. Multi-tenant ground signs shall have an individual size limit per sign. Applicants shall work with Planning Staff to determine the appropriate area, and the limitation shall be placed in the document prior to Council approval.
8. A total size limit shall be stated for signs permitted at the base of office buildings. Applicants shall work with Planning Staff to determine the appropriate area, and the limitation shall be placed in the document prior to Council approval.
9. Way finding signs shall be limited to a maximum size of 10 square feet.
10. A phasing plan shall be developed and included in the document.
11. Prior to site development, a geotechnical study is required, including recommendations for construction materials and techniques to support proposed roadways with fill material over and around any existing sinkhole / depressions. The geotechnical study is to evaluate and make recommendations for proper design, incorporating live loads based on AASHTO HS20-AML, earth load, and lateral earth pressure.
12. Show a development phasing plan that complies with that described in the traffic study.
13. Provide confirmation that traffic mitigations can be constructed within the existing right of way.
14. Any swales proposed within the right of way that will be utilized for detention/water quality shall be designed and constructed so as not to impact the structural integrity of the road.
15. Reserve future ROW for possible construction of interchange with Harding Pl Ext. /I 40 ramps. Coordinate with TDOT regarding the proposed location of such.
16. Prior to any site development, focused traffic studies are required to determine intersection layout, roadway geometry, and traffic control requirements interior to the site.
17. There shall be no direct driveway access to Elm Hill Pike or McCrory Creek Road from parcels in this development located along those roads.
18. Any modifications required on state routes or at interstate interchanges will require prior approval from the Tennessee Department of Transportation. Design of all interchange modifications shall be in accordance with TDOT interchange guidelines and TDOT consultation.
19. With Phase 1 of the project (as described in the traffic impact study, the initial 657,000 sf of development), the following conditions shall be required:
a. Construct the site access road from Elm Hill Pike to the end of Phase 1 with a four-lane median divided cross section and turn lanes at the appropriate locations. Provide a dedicated left and right turn lane at Elm Hill Pike.
b. Construct a southbound right turn lane on McCrory Creek Road at Elm Hill Pike with 580 ft of storage and transitions per AASHTO/MUTCD standards. Modify existing traffic signal to accommodate these improvements.
c. Construct dual eastbound left turn lanes on Elm Hill Pike at the access road with approximately 300 ft of storage and transitions per AASHTO/MUTCD standards.
d. Construct an additional westbound travel lane on Elm Hill Pike between the I-40 overpass and McCrory Creek Road. The lane shall provide 275 of storage at the proposed access road and shall terminate as a dedicated right turn lane at McCrory Creek Road. Provide transitions per AASHTO/MUTCD standards.
e. Design and install a traffic signal at the intersection of Elm Hill Pike and the access road when approved by the Traffic and Parking Commission. Submit a signal timing plan for the access road and the existing McCrory Creek intersections along with the signal design. Provide interconnect to the existing traffic signal at McCrory Creek Road.
f. Construct an eastbound right turn lane on Stewarts Ferry Pike at McCrory Creek Road with a minimum of 150 ft of storage and transitions per AASHTO/MUTCD standards.
g. In addition to the recommendations of the TIS, extend the existing two westbound through lanes on Elm Hill Pike at Donelson Pike to provide a minimum of 300 ft of storage with transitions per AASHTO/MUTCD standards.
h. Extend the existing southbound right turn lane on Bell Road at Elm Hill Pike to provide a total of 200 ft of storage with transitions per AASHTO/MUTCD standards.
20. Any approvals beyond Phase 1 will require additional traffic analysis to identify any additional required improvements. The areas to be evaluated include but are not limited to: Elm Hill Pike, and the intersections of McCrory Creek Road at Stewarts Ferry Pike and Elm Hill Pike at Bell Road.
21. With Phase 2 of the project (as described in the traffic impact study, development beyond the initial 657,000 sf), the following conditions are required, as a minimum:
a. Construct the remainder of the site access road to Stewarts Ferry Pike with a four lane cross section and turn lanes at the appropriate locations. Provide two southbound lanes and a dedicated northbound left, shared left-though, and right turn lane at Stewarts Ferry Pike.
b. Extend the eastbound right turn lane on Stewarts Ferry Pike at McCrory Creek Road to provide a total of 300 ft of storage and transitions per AASHTO/MUTCD standards.
c. Construct an additional westbound left turn lane on Stewarts Ferry Pike at McCrory Creek Road with maximum available storage and transitions per AASHTO/MUTCD standards.
d. Design and rebuild the existing traffic signal at the intersection of Stewarts Ferry Pike and McCrory Creek Road.
e. Construct an additional westbound through lane on Stewarts Ferry Pike at McCrory Creek Road that extends 1500 ft west of the intersection with transitions per AASHTO/MUTCD standards.
f. Construct dual northbound left turn lanes on Bell Road at Elm Hill Pike with approximately 250 ft of storage and transitions per AASHTO/MUTCD standards. Modify existing traffic signal to accommodate these improvements.
g. Conduct a signal warrant analysis for the Elm Hill Pike and Airport Center Drive intersection at 50%, 75% and 100% of the development build-out or as directed by the Metro Traffic Engineer. The warrant analysis and traffic counts shall be submitted to the Metro Traffic Engineer for review and approval. The developer shall design and install a traffic signal when approved by the Traffic and Parking Commission.
h. Construct a westbound right turn lane on Elm Hill Pike at Donelson Pike with 125 ft of storage and transitions per AASHTO/MUTCD standards. Modify existing traffic signal to accommodate these improvements.
i. Construct a northbound right turn lane on Donelson Pike at Elm Hill Pike with 325 ft of storage and transitions per AASHTO/MUTCD standards. Modify existing traffic signal to accommodate these improvements.
j. Construct an additional southbound right turn lane on Donelson Pike at the I-40 westbound on-ramp with 250 ft of storage and transitions per AASHTO/MUTCD standards. Widen the I-40 westbound on-ramp to provide a second receiving lane.
k. Construct an additional right turn lane on the I-40 westbound off-ramp at Donelson Pike with 250 ft of storage and transitions per AASHTO/MUTCD standards.
l. Modify northbound Donelson Pike pavement markings at I-40 westbound on-ramp to provide dual left turn lanes.
m. Modify or rebuild the existing traffic signal at Donelson Pike and the I-40 westbound ramps to accommodate these improvements.
n. Design and install a traffic signal at the intersection of Donelson Pike and the I-40 eastbound on-ramp when approved by the Traffic and Parking Commission. Design shall be in accordance with TDOT interchange guidelines and TDOT consultation. Provide interconnect to the existing traffic signal at the intersection of Donelson Pike and the westbound I-40 on/off-ramps.
o. Widen the westbound off-ramp from I-40 at Stewarts Ferry Pike to provide dual right turn lanes.
p. Construct an additional westbound left turn lane on Stewarts Ferry Pike at the I-40 westbound on/off-ramp with transitions per AASHTO/MUTCD standards. Widen the I-40 westbound on-ramp to provide a second receiving lane.
q. Design and install a traffic signal at the intersection of Stewarts Ferry Pike and the westbound I-40 on/off-ramp when approved by the Traffic and Parking Commission. Design shall be in accordance with TDOT interchange guidelines and TDOT consultation. Provide interconnect to the existing traffic signals along Stewarts Ferry Pike.
r. Widen the eastbound off-ramp from I-40 at Stewarts Ferry Pike to provide dual left turn lanes.
s. Construct an additional eastbound left turn lane on Stewarts Ferry Pike at the I-40 eastbound on/off-ramp with transitions per AASHTO/MUTCD standards. Widen the I-40 westbound on-ramp to provide a second receiving lane.
Section 4. Be it further enacted, that a corrected copy of the preliminary SP 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 the enacting ordinance. If a corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance 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 minor modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, 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 in the plan that is part of this ordinance.
Section 6. Be it further enacted, that 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 MUI zoning district as of the date of the applicable request or application.
Section 7. 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: Bruce Stanley
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LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | June 3, 2008 |
| Passed First Reading: | June 3, 2008 |
| Referred to: | Planning
Commission - Approved 10-0 (May 22, 2008) Planning & Zoning Committee |
| Passed Second Reading: | July 1, 2008 |
| Deferred to September 16, 2008 | July 1, 2008 |
| Deferred to November 18, 2008 | September 16, 2008 |
| Deferred to January 20, 2009: | November 18, 2008 |
| Deferred to February 17, 2009: | January 20, 2009 |
| Deferred Indefinitely: | February 17, 2009 |
| Put back on Agenda for the October 6, 2009 Council Meeting |
September 29, 2009 |
| Passed Third Reading: | October 6, 2009 |
| Approved: | October 8, 2009 |
| By: | |
| Effective: | October 12, 2009 |