LEGISLATIVE HISTORY
(May 12, 2011)
Planning & Zoning Committee
ORDINANCE NO. BL2011-936
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 preliminary plan for the Cumberland Yacht Harbor Planned Unit Development located at 2140 Lebanon Pike and 252 Donelson Hills Drive, at the southwest corner of Lebanon Pike and Donelson Hills Drive, classified MUG and located within the Floodplain Overlay District (40.0 acres), to permit the development of 126 dwelling units, 18,000 square feet of commercial space, replacing 181 dwelling units, 50,735 square feet of commercial space and a marina previously approved, all of which is described herein (Proposal No. 2003P-007-002).
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 preliminary plan for the Cumberland Yacht Harbor Planned Unit Development located at 2140 Lebanon Pike and 252 Donelson Hills Drive, at the southwest corner of Lebanon Pike and Donelson Hills Drive, classified MUG and located within the Floodplain Overlay District (40.0 acres), to permit the development of 126 dwelling units, 18,000 square feet of commercial space, replacing 181 dwelling units, 50,735 square feet of commercial space and a marina previously approved, being Property Parcel Nos. 110, 173 as designated on Map 095-02 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 095 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 as specifically required:
1. Prior to any final site plan approval, all required variances for work within floodway and floodplain shall be approved by the Stormwater Management Committee.
2. The applicant shall work with Metro Parks and Recreation on the design and construction of the trail along Mill Creek, and the greenway shall meet the minimum design standards unless an alteration is approved by Metro Parks and Recreation. The trail including necessary easements shall be offered to Metro, and if accepted the greenway easement shall be shown on the first final site plan and shall be constructed by the developer prior to being dedicated to Metro. Construction of the greenway shall be completed prior to the issuance of any Use and Occupancy permits being issued.
3. Buildings along Lebanon Pike and Donelson Hills Drive shall be designed to appear as if they front onto Lebanon Pike and Donelson Hills Drive. A note indicating this requirement shall be added to the preliminary plan.
4. The layout of the residential units shall be revised with the final site plan and approved by Planning staff prior to final site plan approval.
5. There shall be no pole signs allowed, and all free standing signs shall be monument type not to exceed seven feet in height. Changeable LED, video signs or similar signs allowing automatic changeable messages shall be prohibited. All signs shall, otherwise, meet the base zoning requirements, and shall be approved by the Metro Department of Codes Administration.
6. With the permitting of the 75th residential unit but no retail:
a. Construct the project access road on Lebanon Pike with a minimum of one entering lane and two exiting lanes with a minimum of 250 feet of storage with transitions in accordance with AASHTO and MUTCD standards.
b. Construct an eastbound left turn lane on Lebanon Pike at the project access with 150 feet of storage and transitions per AASHTO and MUTCD standards.
c. Developer shall conduct signal warrant analysis at Lebanon Pike project access upon completion of residential and/or retail buildings or as directed by 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. Signal shall include pedestrian signals and facilities in accordance with ADA standards. Communications interconnect should be provided to the nearest adjacent coordinated traffic signal.
d. Early construction of the retail portion may alter the schedule of the required offsite improvements as determined by the Metro Traffic Engineer.
e. Design of the roundabout shall be in accordance with FHWA guidelines.
f. Parking shall be provided on site for specific land uses in accordance with Metro Code.
g. Prior to the preparation of construction plans, document adequate sight distance at project access locations. Indicate the available and required sight distance at the project entrances for the posted speed limit per AASHTO standards.
7. With significant build out of residential, retail and connection to Donelson Hills Drive:
a. Construct a center turn lane on Lebanon Pike from Donelson Hills Drive extending to the left turn lane at the project access with transitions per AASHTO and MUTCD standards.
b. Developer shall conduct signal warrant analysis at Donelson Hills Drive/ Lebanon Pike upon completion of residential and retail buildings 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. Signal shall include pedestrian signals and facilities in accordance with ADA standards. Communications interconnect should be provided to the nearest adjacent coordinated traffic signal.
c. Donelson Hills Drive shall be widened to provide separate southbound right and left turn lanes with tapers per AASHTO and MUTCD standards. Additional traffic analysis will be required to determine the appropriate storage length.
d. If no connection is permitted to Donelson Hills Drive, additional traffic analysis will be required to evaluate proposed storage lengths or the need for additional improvements.
8. Approved traffic conditions may be modified based on subsequent review and approval of a new traffic impact study by the Metro Traffic Engineer and the Planning Commission.
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.
Sponsored by: Phil Claiborne
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | June 7, 2011 |
| Passed First Reading: | June 7, 2011 |
| Referred to: | Planning
Commission - Approved 7-0 (May 12, 2011) Planning & Zoning Committee |
| Passed Second Reading: | July 5, 2011 |
| Passed Third Reading: | July 19, 2011 |
| Approved: | July 21, 2011 |
| By: | |
| Effective: | July 25, 2011 |