ORDINANCE NO. BL2016-168

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 6960 and 6968 Nolensville Pike and 7203 and 7235 Old Burkitt Road, at the corner of Nolensville Pike and Burkitt Road, (6.72 acres), to permit a maximum of 5,200 square feet of automobile convenience and restaurant uses and all uses permitted within the CL zoning district with some exceptions, all of which is described herein (Proposal No. 2015SP-098-001).

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 6960 and 6968 Nolensville Pike and 7203 and 7235 Old Burkitt Road, at the corner of Nolensville Pike and Burkitt Road, (6.72 acres), to permit a maximum of 5,200 square feet of automobile convenience and restaurant uses and all uses permitted within the CL zoning district with some exceptions, being Property Parcel Nos. 011, 012, 013, 013.01 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 plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and Metropolitan Clerk’s 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 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 automobile convenience and restaurant.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The maximum floor area within the SP shall be 5,200 square feet.
2. A landscape strip along the northern perimeter of the parking area shall be provided consistent with the perimeter landscaping requirements of the Metro Zoning Code, and shall be shown on the final site plan.
3. A landscape strip along the entrance drive to Old Burkitt and/or Burkitt consistent with the perimeter landscaping requirements of the Metro Zoning Code shall be provided, and shall be shown on the final site plan.
4. Development shall meet the Tree Density requirements of the Metro Zoning Code.
5. A Standard C – Landscape Buffer Yard is required along Old Burkitt Road. A buffer yard may not be required within areas where Old Burkitt may be realigned. Final determination of the buffer yard requirement along the realigned portion of Old Burkitt Road shall be determined with the final site plan.
6. Building signage shall be consistent with the Metro Zoning Code as permitted in the MUL zoning district.
7. A Right-of-Way dedication not to exceed five feet in width shall be provided along Old Burkitt Road.
8. There shall be no direct access to Burkitt Road.
9. A ROW reservation shall be provided to accommodate the future TDOT improvements along Nolensville Pike and Burkitt Road. Final ROW reservation shall be determined with the final site plan.
10. Final location for sidewalks along Nolensville Pike and Burkitt Road shall be determined with the final site plan. If TDOT has approved roadway improvements for Nolensville, then the sidewalk shall be located in accordance with the approved TDOT plan.
11. Additional ROW shall be provided along Old Burkitt Road in order for the sidewalk along Old Burkitt Road to extend to Nolensville Pike for a 5’ clear path of travel around the gas line.
12. Developer shall reconstruct Old Burkitt Road to align with the approved Burkitt Commons SP driveway on Burkitt Road and provide adequate sight distance.
13. Developer shall construct an additional project access driveway to the relocated section of Old Burkitt Road with adequate sight distance.
14. Developer shall construct a 3 lane cross section along Burkitt Road frontage with adequate transition per AASHTO standards.
15. Additional queue analysis will be required to determine if adequate storage is provided in the center turn lane to allow WB left turn lane storage on Burkitt Road at Nolensville Rd and EB left turn lane storage for 41/54 left turn vehicles at proposed Burkitt Road project driveway location without LTL conflicts and spill over into the thru lanes.
16. Project shall reserve ROW to allow future Nolensville Pike and Burkitt Road construction per TDOT plans.
17. The developer's final construction drawings shall comply with the design regulations established by the Department of Public Works. Final design may vary based on field conditions.
18. Prior to the building permit application. Submit copy of recorded ROW dedication at both intersections prior to building permit signoff by MPW. Dedications should be to the back of the proposed sidewalks.
19. If sidewalks are required along Old Burkitt, Burkitt, or Nolensville Road, then they are to be constructed per MPW standards and specifications, with appropriate lane widths adjoining the MPW standard curb and gutter with grass strip per the MCSP.
20. The Preliminary SP plan is the site plan and associated documents. If applicable, remove all notes and references that indicate that the site plan is illustrative, conceptual, etc.
21. Add the following note to the plan: The final site plan shall depict a minimum 5 foot clear path of travel for pedestrian ways, including public sidewalks, and the location of all existing and proposed obstructions. Prior to the issuance of use and occupancy permits, existing obstructions within the path of travel shall be relocated to provide a minimum of 5 feet of clear access.
22. The requirements of the Metro Fire Marshal’s Office for emergency vehicle access and adequate water supply for fire protection must be met prior to the issuance of any building permits.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.

Section 7. Be it further enacted, if a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the MUL zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

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: Fabian Bedne

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LEGISLATIVE HISTORY
Introduced:	March 1, 2016
Passed First Reading:	March 1, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (7-0-1) Planning & Zoning Committee
Passed Second Reading:	April 5, 2016
Passed Third Reading:	April 19, 2016
Approved:	April 20, 2016
By:
Effective:	April 22, 2016