ORDINANCE NO. BL2011-886

ORDINANCE NO. BL2011-886

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 the Carillon Planned Unit Development Overlay District for property located at Bell Road (unnumbered), approximately 1,650 feet north of Couchville Pike (39.53 acres), zoned MUL and RM9, to permit 452 multi-family dwelling units, where 165,200 square feet of retail and office and 170 multi-family dwelling units were previously approved, all of which is described herein (Proposal No. 2005P-028-001).

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 amending the Carillon Planned Unit Development Overlay District for property located at Bell Road (unnumbered), approximately 1,650 feet north of Couchville Pike (39.53 acres), zoned MUL and RM9, to permit 452 multi-family dwelling units, where 165,200 square feet of retail and office and 170 multi-family dwelling units were previously approved, being Property Parcel No. 079 as designated on Map 121-00 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 121 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 shall be completed, bonded or satisfied as specifically required:
1. The PUD Final Site Plan shall incorporate a secondary ingress/egress access point to Bell Road for emergency access. This access point shall include a crash gate acceptable to Public Works and the Fire Marshal.

2. The area along Bell Road in front of Unit 1 as shown on the plan shall be undisturbed and indicated on the plan.

3. The requirements of the Public Works Department shall be met.

4. At the initial construction phase, construct a southbound left turn lane on Bell Road with 200 feet of storage and transitions per AASHTO/MUTCD standards.

5. At the initial construction phase, construct a northbound right turn lane on Bell Road with 200 feet of storage and transitions per AASHTO/MUTCD standards.

6. Developer shall conduct a signal warrant analysis at the intersection of Bell Road and the access drive(s) with each final SP submittal 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.

7. Construct the access drive(s) at Bell Road with one entering and two exiting lanes (LT and RT) each with a minimum 175 ft of storage and transitions per AASHTO/MUTCD standards.

8. Additional analysis with updated traffic counts will be required for the intersection of Bell Road and Elm Hill Pike prior to approving any final SP plans to determine if additional mitigations are required.

9. If the Planning Commission requires construction of a second access drive, at a minimum, the proposed southbound left turn lane on Bell Road shall be extended as a continuous three lane cross section along Bell Road with appropriate storage and tapers to incorporate both access drives. Additional traffic analysis may be required. If a second access is required to be constructed onto Bell Road and that access is to be used by patrons of the proposed development without restriction then, at a minimum, the proposed southbound left turn lane on Bell Road shall be extended as a continuous three lane cross section along Bell Road with appropriate storage and tapers to incorporate both access drives. Additional traffic analysis may also be required. However, if the requirement is to construct a secondary access for emergency access only and that access is to be gated other than in the event of an emergency, the condition to extend the left turn lane on Bell Road may be removed.

Section 4. Be it further enacted, that a 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 any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval 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 preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD 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 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.

LEGISLATIVE HISTORY
Introduced:	April 5, 2011
Passed First Reading:	April 5, 2011
Referred to:	Planning Commission - Approved 9-0 (March 24, 2011) Planning & Zoning Committee
Amended:	May 3, 2011
Passed Second Reading:	May 3, 2011
Passed Third Reading:	May 17, 2011
Approved:	May 20, 2011
By:
Effective:	May 26, 2011