LEGISLATIVE HISTORY
(August 12, 2010)
Planning & Zoning Committee
ORDINANCE NO. BL2010-778
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 7022 Nolensville Pike, Nolensville Pike (unnumbered), and Burkitt Road (unnumbered), at the southeast corner of Nolensville Pike and Burkitt Road (17.98 acres), to permit commerical uses, all of which is described herein (Proposal No. 2009SP-006-001).
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 7022 Nolensville Pike, Nolensville Pike (unnumbered), and Burkitt Road (unnumbered), at the southeast corner of Nolensville Pike and Burkitt Road (17.98 acres), to permit commerical uses, as being Property Parcel Nos. 014.01, 021, 026 as designated on Map 186-00 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 attached sketch, which is attached to 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 Map 186 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 those described on the plan.
Section 4. Be it further enacted, following conditions be completed, bonded, or satisfied as specifically required:
1. The design standards of the Town of Nolensville contained in Section B of Appendix E of the Town of Nolensville Zoning Ordinance, Ordinance No. 06-24 as amended, shall apply to this plan.
2. Details of the publicly accessible, usable, and inviting open spaces required by the special policy shall be included with the first final site plan. These spaces shall be reviewed and approved by Planning Staff.
3. Prior to the recording of the final plat, the IDA requirements, including 3,075 linear feet of roadway improvements (or an equivalent transportation improvement), shall be completed by the applicant within the identified infrastructure deficiency area in locations determined by the Department of Public Works. When appropriate improvements can not be physically made, 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.
4. All Public Works' design standards shall be met prior to any final approvals and permit issuance. Any approval is subject to Public Works' approval of the construction plans. Final design may vary based on field conditions.
5. Williamson County home improvement site shall make a contribution to the signal modification at Burkitt Road / Nolensville Pike.
6. Along Burkitt Road, right of way 30 feet from centerline to property boundary shall be labeled and dedicated. A reserve strip for future right of way 42 feet from centerline to property boundary, consistent with the approved major street plan (U4 - 84 foot right-of-way) shall be labeled and shown.
7. A reserve strip for future right of way, 54 feet from centerline to property boundary, consistent with the approved major street plan (U6 – 108 foot right-of-way) along Nolensville Pike shall be labeled and shown.
8. Signage shall be located outside of future right of way reservation areas.
9. Sidewalks shall be constructed with a six (6') foot furnishing zone and eight (8') foot sidewalk, consistent with the Strategic Plan for Sidewalks & Bikeways. Bike lanes / paved shoulders shall be identify Sidewalks are to be located within the public right of way. Right-of-way shall be dedicated, as applicable.
10. Burkitt Road shall be constructed with twelve (12') feet wide travel lanes and four (4') feet shoulders.
11. Adequate sight distance shall be provide at all access drives onto Burkitt Road and Nolensville Road.
12. Within Davidson County, Nolensville Road shall be widened from the intersection of Burkitt Road to the main access drive (middle drive) to provide a three lane cross section with one northbound and one southbound travel lane and a continuous two-way left turn lane.
13. The applicant shall coordinate with Metro Nashville Public Works, the Tennessee Department of Transportation, and the City of Nolensville to widen Nolensville Road to provide a continuous three-lane cross section between Burkitt Road in Davidson County and Burkitt Place Drive in Williamson County.
14. The existing three-lane cross section on Burkitt Road shall be extended from the intersection of Nolensville Road to 100 feet east of Old Burkitt Road and transitions per AASHTO/MUTCD standards shall be provided. The center lane shall be striped as a continuous two-way left turn lane from Old Burkitt Road to the existing dedicated left turn lane at the Nolensville Road intersection.
15. A northbound right turn lane on Nolensville Road shall be constructed at the intersection of Burkitt Road, with 125 feet of storage and transitions per AASHTO standards.
16. At the intersection of Nolensville Road and Burkitt Road, the existing traffic signal shall be modified to provide right turn overlap phases for the existing westbound and proposed northbound right turn lanes and to accommodate any required road widening.
17. A northern access drive onto Nolensville Road between the main access drive and Burkitt Road shall be provided, and shall be constructed as a full access with one entering and two exiting lanes. No additional access drives shall be permitted to Burkitt Road or Nolensville Road from this SP including any associated out parcels.
18. A northbound right turn lane shall be constructed on Nolensville Road at the northern access drive with 100 feet of storage and transitions per AASHTO standards.
19. The main access drive (middle drive) onto Nolensville Road shall be constructed as a full access with two entering and two exiting lanes (with 200 feet of storage).
20. A northbound right turn lane on Nolensville Road at the main access drive (middle drive) shall be constructed with 125 feet of storage and transitions per AASHTO standards.
21. The project access drive on Burkitt Road shall be constructed as a full access with one entering and two exiting lanes.
22. Minor modification may be required to the Burkitt Road access drive to correspond with a possible future realignment of Old Burkitt Road.
23. An eastbound right turn lane on Burkitt Rd with 100 feet of storage and MUTCD tapers at the Burkitt Rd access drive shall be constructed.
Section 5. 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 6. 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 7. 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 SCR zoning district as of the date of the applicable request or application.
Section 8. 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
AMENDMENT NO. 1
TO
ORDINANCE NO. BL2010-778
Dear Madam President:
I move to amend Ordinance No. BL2010-778 by inserting additional conditions in Section 4 as follows:
“24. Where visible from the residential property in the Burkitt Place subdivision, rooftop mechanical equipment will be screened from the view from the residential property behind the shopping center through the use of raised rear wall parapets or the construction of screen walls built from materials and color pallets consistent with the exterior of the building.
25. In cooperation with The Village of Burkitt Place Owners’ Association, Inc. and the Burkitt Place Homeowners Association, Inc. (collectively “the HOA”), the rear property line buffer will be established prior to issuance of the Final Certificate of Use and Occupancy as follows (see Exhibit A attached hereto):
(a) Area A (950 LF +/- from Burkitt Road ROW to the Stream Buffer) shall have a minimum twenty-foot (20’) wide undisturbed buffer within a forty-foot (40’) overall bufferyard width. This undisturbed area will be maximized based on grading. The Developer will set aside a budget of $36,000.00 (“Area A Allowance”) to be used to enhance the existing mass of mature trees by planting additional trees within the 40’ overall bufferyard. The budget allowance equates to approximately 120 – 4”caliper, 10’-12’ tall trees. If the entire budget is not spent in Area A due to the thickness of the existing buffer, the Area A Allowance will be added to the Area B Allowance. Once grading is established and the undisturbed buffer is determined, the Developer will consult with the HOA and allow the HOA to determine the number, size, type and location of the trees to be planted within the Area A Allowance. Slopes steeper than a 3:1 grade will not be able to handle larger trees and will need to be planted with smaller materials.
(b) Area B (960 LF +/- from the Stream Buffer to the Burkitt Place Drive ROW, excluding Area C) shall have a minimum forty-foot (40’) bufferyard on shopping center property with an additional twenty-foot (20’) planted buffer, including a minimum three-foot (3’) high berm, on the HOA property. The Developer will set aside a budget of $51,000.00 (“Area B Allowance”) for the Area B bufferyard. The budget allowance equates to approximately 170 – 4” caliper, 10’-12’ tall trees. Landscape plantings will consist of a mix of evergreen and deciduous trees spaced according to size and species. Sizes will be a minimum of three inch (3”) caliper for deciduous trees and twelve feet (12’) tall for evergreen trees.
(c) Area C (located approximately 200’ north of the Burkitt Place Drive ROW on HOA property) contains an existing mass of mature trees approximately 50’ thick that will remain undisturbed.”
Sponsored by: Parker Toler
Amendment No. 2
To
Ordinance No. BL2010-778
Dear Madam President:
I move to amend Ordinance No. BL2010-778 by amending Section 4 as follows:
I. By deleting condition number 1 in its entirety and substituting with the following new condition number 1:
“1. The design standards of the Town of Nolensville Zoning Ordinance Design Review Manual, as provided in the document attached hereto and incorporated herein, shall apply to this plan.”
II. By inserting additional conditions in Section 4 as follows:
“24. Where visible from the residential property in the Burkitt Place subdivision, rooftop mechanical equipment will be screened from the view from the residential property behind the shopping center through the use of raised rear wall parapets or the construction of screen walls built from materials and color pallets consistent with the exterior of the building.
25. In cooperation with The Village of Burkitt Place Owners’ Association, Inc. and the Burkitt Place Homeowners Association, Inc. (collectively “the HOA”), the rear property line buffer will be established prior to issuance of the Final Certificate of Use and Occupancy as follows (see Exhbit A attached hereto):
(a) Area A (950 LF +/- from Burkitt Road ROW to the Stream Buffer) shall have a minimum twenty-foot (20’) wide undisturbed buffer within a forty-foot (40’) overall bufferyard width. This undisturbed area will be maximized based on grading. The Developer will set aside a budget of $36,000.00 (“Area A Allowance”) to be used to enhance the existing mass of mature trees by planting additional trees within the 40’ overall bufferyard. The budget allowance equates to approximately 120 – 4”caliper, 10’-12’ tall trees. If the entire budget is not spent in Area A due to the thickness of the existing buffer, the Area A Allowance will be added to the Area B Allowance. Once grading is established and the undisturbed buffer is determined, the Developer will consult with the HOA and allow the HOA to determine the number, size, type and location of the trees to be planted within the Area A Allowance. Slopes steeper than a 3:1 grade will not be able to handle larger trees and will need to be planted with smaller materials.
(b) Area B (960 LF +/- from the Stream Buffer to the Burkitt Place Drive ROW, excluding Area C) shall have a minimum forty-foot (40’) bufferyard on shopping center property with an additional twenty-foot (20’) planted buffer, including a minimum three-foot (3’) high berm, on the HOA property. The Developer will set aside a budget of $51,000.00 (“Area B Allowance”) for the Area B bufferyard. The budget allowance equates to approximately 170 – 4” caliper, 10’-12’ tall trees. Landscape plantings will consist of a mix of evergreen and deciduous trees spaced according to size and species. Sizes will be a minimum of three inch (3”) caliper for deciduous trees and twelve feet (12’) tall for evergreen trees.
(c) Area C (located approximately 200’ north of the Burkitt Place Drive ROW on HOA property) contains an existing mass of mature trees approximately 50’ thick that will remain undisturbed.”
Sponsored by: Parker Toler
Attachment(s) on file in the Metropolitan Clerk's Office
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | October 5, 2010 |
| Passed First Reading: | October 5, 2010 |
| Referred to: | Planning
Commission - Approved 8-0-1 (August 12, 2010) Planning & Zoning Committee |
| Passed Second Reading: | November 4, 2010 |
| Amendment No. 1: | November 16, 2010 |
| Deferred: | November 16, 2010 |
| Amendment No. 2: | December 7, 2010 |
| Passed Third Reading: | December 7, 2010 |
| Approved: | December 13, 2010 |
| By: | |
| Effective: | December 20, 2010 |