ORDINANCE NO. BL2010-663

ORDINANCE NO. BL2010-663

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 for properties located at 6887 and 6891 Burkitt Road and at Kidd Road (unnumbered), approximately 6,250 feet east of Nolensville Pike (91.67 acres), to permit 374 single-family lots, all of which is described herein (Proposal No. 2009SP-031-001).

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 for properties located at 6887 and 6891 Burkitt Road and at Kidd Road (unnumbered), approximately 6,250 feet east of Nolensville Pike (91.67 acres), to permit 374 single-family lots, as being Property Parcel Nos. 010, 038, 166 as designated on Map 187-00 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.187 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 uses of this SP shall be limited to single family residences and community facilities.

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. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. 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 RS3.75 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: Parker Toler

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2010-663

Madam President:

I move to amend Ordinance No. BL2010-663 by modifying it as follows:

By adding the following new Section 4 and renumbering the following sections of the Ordinance accordingly:

“Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:

1. Understory trees are proposed within the planting strip along all streets. The final site plan shall show all utility locations as provided by the subject utility companies and ensure that utilities do not conflict with the final site location for trees.

2. 2,658 feet of major roadways (or an equivalent transportation improvement) shall be improved by the applicant within the identified infrastructure deficiency area to a two-lane cross section at a level acceptable to the Department of Public Works. Such improvements shall be undertaken within available right-of-way
and at a level commensurate with the development entitlements appropriate on the site. Improvements are to accommodate additional traffic volumes within the Infrastructure Deficiency Area. When appropriate improvements can not be physically made, then the applicant may make a financial contribution for future
roadway improvements within the identified infrastructure deficiency area. The Department of Public Works shall determine the appropriate contribution based on the linear feet of roadway to be improved.

3. 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 a capacity of 500 students. This 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 Cane Ridge 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.

4. All construction traffic, including equipment and workers shall enter the site through Williamson County. There shall be no construction traffic entering the site through the Davidson County portion of Burkitt Place.

5. The phase lines for Phase 1 shall be redrawn to include a maximum of 50 lots.

6. Prior to beginning home construction on Phase 2, sight distance issues on Burkitt Road at the main access must be worked out to the satisfaction of the Department of Public Works to provide the required turn lanes and adequate intersection sight distance as per the AASHTO guidelines.

7. The proposed roundabouts shall have a center radius of 35’ or greater, and accommodate all anticipated vehicles. The Department of Public Works will work with the applicant to keep the radii to a minimum.

8. Alleys that service lots with no road frontage, specifically the alleys between roads C, A, G, H, and F, and the alley from lot 147 to lot 159 and the connection to road F, shall be 22 feet in width total, with 20 feet of paving and a one foot concrete ribbon curb on each side.

9. All alleys shall be posted “No Parking in Alley.”

10. Homes along the above mentioned alleys facing common areas must be served by mail kiosks, subject to the approval of the US Postal Service. In the same alleys, provide a minimum of 20 feet wide driveways at least 20 feet in length from the right-of-way.

11. Street trees must be understory trees, no evergreens, and cannot be planted in close proximity to an intersection in such a way as to interfere with adequate sight distance or conflict with underground utilities.

12. Developer shall construct an eastbound right turn deceleration lane on Burkitt Road at the project access with 100 ft of storage and transitions per AASHTO standards.

13. Developer shall construct a westbound left turn lane on Burkitt Road at the project access with 100 ft of storage and transitions per AASHTO/MUTCD standards.

14. Construct the project access road at Burkitt Road with one entering and two exiting lanes (LT and RT) each with a minimum 100 ft of storage and transitions per AASHTO/MUTCD standards.

15. Developer shall modify the existing traffic signal at Nolensville Pike and Burkitt Road to include a westbound right turn overlap during the protected southbound left turn phase.

16. Developer is required to modify the pavement markings to extend the existing southbound left turn lane on Nolensville Pike at Burkitt Road to the maximum extent possible. This is to be done after the recording of 100 lots.

17. As part of the development of construction plans, provide and document adequate sight distance from the project access at the intersection of Burkitt Road (Refer to Note 5 above) and all other proposed intersections.

18. Developer shall conduct a signal warrant analysis at the intersection of Burkitt Road and the project access with the final platting of each phase (beginning with the platting of the 200th lot) 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.

LEGISLATIVE HISTORY
Introduced:	April 6, 2010
Passed First Reading:	April 6, 2010
Referred to:	Planning Commission - Approved 10-0 (April 22, 2010) Planning & Zoning Committee
Passed Second Reading:	June 8, 2010
Deferred:	June 15, 2010
Amended:	July 20, 2010
Passed Third Reading:	July 20, 2010
Approved:	July 23, 2010
By:
Effective:	August 2, 2010