ORDINANCE NO. BL2016-189

ORDINANCE NO. BL2016-189

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 property located at 7224 Old Burkitt Road, approximately 300 feet east of Nolensville Pike (23.08 acres), to permit 99 single-family lots, all of which is described herein (Proposal No. 2016SP-008-001).

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 property located at 7224 Old Burkitt Road, approximately 300 feet east of Nolensville Pike (23.08 acres), to permit 99 single-family lots, being Property Parcel No. 004 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 a maximum of 99 single-family lots.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. A total of 47% of the lots within the SP shall be alley loaded.
2. The proposed 10 foot wide open space buffer shall provide a vegetation density consistent with the Standard A-3 landscape buffer yard as specified in Figure 17.24.240A of the Metro Zoning Code.
3. Garage doors shall be recessed at least ten feet from the front façade. For measurement purposes, a porch shall not be considered a façade.
4. Old Burkitt Road shall be widened between Nolensville Road and Burkitt Road. The approved gas station and retail SP has not submitted construction plans for the realignment of Old Burkitt Rd at Burkitt Rd. Therefore, Old Burkitt SP shall design and construct the realignment section of Old Burkitt Rd if the realignment has not been constructed prior to use and occupancy permit. The x-section of Old Burkitt Rd shall be a minimum of 23ft of pavement with curb and gutter. Developer shall submit construction plans including signage and striping plans prior to final SP approval. Old Burkitt Rd. shall be constructed with a minimum of 2 travel lanes with 2 exiting lanes with 100 ft of storage at the intersection with Nolensville Pk. Additional ROW may be required. Old Burkitt Rd shall be constructed between Nolensville Pk and Burkitt Rd prior to use and occupancy permit. Developer shall submit construction plans prior to final SP approval.
5. A southbound left turn lane shall be provided on Nolensville Road at Old Burkitt Road. This turn lane should include at least 100 feet of storage and should be designed and constructed according to AASHTO standards. Additional queue analysis shall be submitted to determine appropriate left turn lane storage length due to the significant SB LTL pk hr queue at the signalized intersection of Burkitt Rd and Nolensville Pk. Developer shall submit construction plans prior to final SP approval.
6. 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.
7. Developer shall construct a NB right turn lane on Nolensville Pk at Old Burkitt Rd with appropriate queue storage. Developer shall submit construction plans prior to final SP approval. The analyses conducted for the purposes of this study indicate that the intersection of Old Burkitt Road and the project access will operate acceptably with a one-lane approach on each leg of the intersection. However, since the project will have only one access, it should be constructed to include one entering lane and two exiting lanes, striped as separate left and right turn lanes. Main access road shall be constructed with a minimum of 3 lane cross section with a minimum of 100ft storage with transition per AASHTO standards.
8. In conjunction with the preparation of final construction documents for the proposed project, sight triangles should be provided to identify the sight distance which will be available at the project access. These sight triangles were developed based on guidelines that are included in A Policy on Geometric Design of Highways and Streets, which is published by the American Association of State Highway and Transportation Officials (AASHTO) and commonly known as The Green Book. Specifically, The Green Book indicates that for a speed of 30 mph, the minimum stopping sight distance is 200 feet. This is the distance that a motorist on Old Burkitt Road will need to come to a stop if a vehicle turning from the project creates a conflict. Also, based on The Green Book, the minimum intersection sight distance is 335 feet. This is the distance that motorists exiting the project will need to safely complete turns onto Old Burkitt Road. A sight distance exhibit with plan and profile shall be submitted prior to final SP approval.
9. The analyses conducted for the purposes of this study indicate that the intersection of Nolensville Road and Burkitt Road operates at poor Level of Service now and will continue to operate poorly under background conditions and total projected conditions with the build-out of the proposed project. Also, additional analyses indicate that this intersection would operate at acceptable Levels of Service during the peak hours if a northbound right turn lane were constructed on Nolensville Road and the existing traffic signal were modified to include right turn overlap signal phases for northbound and westbound motorists. In particular, the signal timings should be optimized to ensure that the westbound queues on Burkitt Road do not routinely extend beyond the realigned Old Burkitt Road and the access for Burkitt Place Commons.
10. Developer shall construct a NB right turn lane on Nolensville Pk at Burkitt Rd prior to Old Burkitt Rd SP use and occupancy. Additional analysis will be required to determine appropriate right turn lane storage length and transition per AASHTO standards. Developer shall submit a signal modification plan per the TIS to MPW traffic engineer and install signal improvements when directed by MPW traffic engineer.
11. Due to the widening of Old Burkitt Rd by developer and anticipated redistributed traffic to Old Burkitt Rd instead of traveling thru the signalized intersection , additional traffic analysis shall be required to determine if a right turn lane on Burkitt Rd at the realigned Old Burkitt Rd is warranted. If warranted, developer shall construct right turn lane on Burkitt Rd with appropriate storage and transition.
12. Prior to final SP approval, a signage, pavement marking, and traffic control plan shall be submitted for internal streets in subdivision.
13. Sidewalks shall be installed along the entire Old Burkitt Road frontage from Nolensville Pike to Burkitt Road along one or both sides of Old Burkitt Road. The design of sidewalks and street cross sections shall be determined with the final site plan by Public Works and Planning. All off-site improvements shall be bonded with the first final plat.
14. 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.
15. 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.

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 RS3.75 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.

LEGISLATIVE HISTORY
Introduced:	April 5, 2016
Passed First Reading:	April 5, 2016
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions (6-0-1) Planning & Zoning Committee
Passed Second Reading:	May 3, 2016
Passed Third Reading:	May 17, 2016
Approved:	May 18, 2016
By:
Effective:	May 20, 2016