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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 Ordinance No. BL2006-1303, as amended, by amending the SP zoning for various properties located north of Maxwell Road, (52.94 acres), approximately 430 feet east of Flagstone Drive, to delete a condition in the SP pertaining to the construction of turn lanes at the intersection of Maxwell Road and LaVergne/Couchville Pike, and to accept a financial contribution in lieu of construction from the developer of the Davenport Downs SP, all of which is described herein (Proposal No. 2006SP-081-008).
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WHEREAS, Ordinance No. BL2006-1303, as amended, changed from AR2a to SP zoning property located at 4334, 4374, and 4414 Maxwell Road and Maxwell Road (unnumbered), and Route 2 Maxwell Road, (77.3 acres), approximately 430 feet east of Flagstone Drive, to permit 328 single-family attached units and detached units; and
WHEREAS, Section 3 of Ordinance No. BL2006-1303, as amended, included condition number 20, which provided that prior to platting the 150th lot, left turn lanes shall be constructed on Maxwell Road for eastbound and westbound traffic at LaVergne/Couchville Pike (the “Turn Lanes”); and
WHEREAS, the Metropolitan Public Works Department has recently installed a four-way stop sign at the intersection of Maxwell Road and LaVergne/Couchville Pike to address traffic flow issues, and has determined that the Turn Lanes on Maxwell Road are not needed; and
WHEREAS, Brian Seagraves, representing AMH Development of 1657 Murfreesboro Pike, Suite A, Nashville, TN 37217, the developer of the Davenport Downs SP (the “Developer”), has agreed to make a financial contribution in the amount of $172,000 to the Metropolitan Government in lieu of constructing the Turn Lanes to be used for future transportation/infrastructure improvements in the vicinity; and
WHEREAS, it is in the best interest of the Metropolitan Government that the turn lane condition be removed and the in-lieu contribution from the Developer be accepted.
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 Ordinance No. BL2006-1303, as amended, by amending the SP zoning for various properties located north of Maxwell Road, (52.94 acres), approximately 430 feet east of Flagstone Drive, by deleting the following condition number 20 in its entirety:
20. Prior to platting the 150th lot, left turn lanes shall be constructed on Maxwell Road for eastbound and westbound traffic at Lavergne/Couchville Pike. Each lane shall be designed with 75ft of storage and transitions per AASHTO/MUTCD standards.
Section 2. The Director of the Metropolitan Department of Public Works, or her designee, is hereby authorized to accept the amount of $172,000 from the Developer in lieu of constructing the Turn Lanes to be used for other transportation/infrastructure improvements in the vicinity of the Davenport Downs SP as determined by the Department of Public Works.
Section 3. All other provisions of Ordinance Nos. BL2006-1303, as amended, and BL2011-73, as amended, shall remain in effect.
Section 4. 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.