ORDINANCE NO. BL2003-1399
An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County (2003Z-009T), all of which is more particularly described herein.
WHEREAS, Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County contains provisions for the Institutional (I) District and the Institutional Overlay (IO) District pertaining to the accommodation of colleges and universities located partly or wholly within residential zoning districts; and
WHEREAS, it has been found that the Institutional (I) District and certain provisions of the Institutional Overlay (IO) District are deficient in carrying out the purpose and intent of those districts to preserve the integrity and long term viability of those neighborhoods in which colleges and universities are situated; and
WHEREAS, it is necessary to amend Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County in order to correct these deficiencies;
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, be and is hereby amended as follows:
By deleting Section 17.08.020(C) (Institutional (I) District) in its entirety.
Section 2. By amending Section 17.08.030 (District Land Use Tables) to delete in its entirety the I zoning district.
Section 3. By amending Section 17.36.010 (Overlay Districts Established – Purpose and Intent) by inserting following the phrase “a special urban design overlay;” as follows:
an institutional overlay to allow colleges and universities to grow in a sensitive and planned manner;
Section 4. By amending Section 17.36.330, Purpose and Intent, by deleting the existing paragraph and inserting the paragraph as follows:
The purpose of the institutional overlay district is to provide a means by which colleges and universities situated wholly or partially within areas of the community designated as residential by the general plan may continue to function and grow in a sensitive and planned manner that preserves the integrity and long-term viability of those neighborhoods in which they are situated. The institutional overlay district is intended to delineate on the official zoning map the geographic boundaries of an approved college or university master development plan, and to establish by that master development plan the general design concept and permitted land uses (both existing and proposed) associated with the institution.
Section 5. By amending Section 17.36.340 (Master Development Plan) by deleting the existing paragraph and inserting the paragraph as follows:
Application of the institutional overlay district of this title shall be limited to those land areas encompassed by a college or university master development plan as approved by the council pursuant to the procedures of Section 17.40.. At a minimum, an approved master development plan shall be comprised of scaled drawings and accompanying reports which adequately describe the extent of the existing (if applicable) and proposed campus of the institution along with long-range growth objectives and an assignment of institutionally related land uses. The master development plan and accompanying documentation shall be sufficient in detail to provide the public with a good understanding of the developed campus’s impact on the adjoining neighborhood(s). The master development plan shall distinguish between the following types of generalized campus activities: academic areas, such as classrooms and labs; general administrative offices; support services, such as major parking areas, food services and bookstores; campus-related residential areas, including dormitories, fraternities and sororities; operational areas, such as maintenance buildings, power plants and garages; and athletic areas, including gymnasiums, intramural facilities, stadiums and tracks. In the approval of a master development plan, the council shall require the inclusion of a phasing plan to insure that campus expansion occurs in a manner that can be supported by adequate public services and minimizes disruption to the surrounding residential community.
Section 6. By amending Section 17.36.350 (Development Standards) by deleting the existing paragraph and inserting the paragraph as follows:
In addition to other applicable provisions of this code, the following development standards shall apply to new construction associated with the implementation of a campus master development plan.
A. Street Standard. Unless otherwise precluded by the placement and operation of existing campus facilities, principal driveway access shall be from collector or arterial streets.
B. Traffic Impact Study. The traffic impact study requirements of Section 17.20.140. A traffic impact study prepared for any campus master development plan shall be subsequently updated at least every 5 years. Traffic generated by institutional-related uses built subsequent to the initial approval of a campus master plan under this title shall not cause the level of service on any local residential street to fall below level of service C.
C. Within the boundaries of an approved campus master development plan, existing land uses and structures may continue in conformance with the base zoning district(s) until construction under an approved final site plan is undertaken in conformance with Section 17.40.140(D). Residential properties located within the boundaries of the campus master development plan owned by the institution, or an agent or subsidiary of the institution, shall continue to be used for residential purposes within the limitations of the base zoning district, unless otherwise provided for in the master development plan. Such residential properties shall be maintained in a safe, clean and orderly condition as required by all applicable codes and regulations.
D. Within the boundaries of an approved campus master development plan, applications for final site plans for institutional-related uses shall be approved only in areas: 1) contiguous to the existing campus as of the date of the application, 2) in accordance with an approved phasing plan, and 3) in a manner that does not further fragment the pattern of residentially used parcels from the residential area outside of the existing campus (See Figure 17.36.350). Each plan phase shall be supported by adequate infrastructure improvements. The introduction of an institutional-related use adjacent to an existing and improved residential lot not owned by, or contractually obligated to, the institution shall incorporate a landscape buffer yard to protect that residential lot. The introduction of parking in these locations should be avoided. For the purpose of determining an adequate buffer, a new parking facility shall be treated as an institutional-related use that is least compatible with residential use. The planning commission shall require an adequate buffer yard under the standards of Table 17.24.230 sufficient to maintain the residential integrity of the residential property not owned by, or contractually obligated to, the institution.
Section 7. By amending Section 17.40.140 (Institutional Overlay District) by deleting said provisions and substituting in lieu thereof the following:
A. New Applications. An application to establish an institutional overlay district shall be filed with the planning commission in form and content established by the planning commission, and include a campus master development plan as defined in Chapter 17.36, Article IX. The application shall include properties owned by the institution that are nearby the proposed institutional overlay district if existing or planned uses on those properties may have an impact on the residential area adjoining the proposed institutional overlay district.
B. Planning Commission Action. The planning commission shall review an application to apply the institutional overlay district and the associated campus master development plan. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.
1. Approval. The planning commission’s recommendation of approval of a proposed institutional overlay district and the associated campus master development plan shall be based on findings that the master plan is compatible with the surrounding neighborhood and the essential infrastructure is adequate to support the proposed pattern and intensity of development. A recommendation of approval of the master plan shall further require a finding by the planning commission that the master plan arranges campus-related land uses in a manner that preserves the integrity and long-term viability of nearby residential areas, and provides for methods of implementing the master plan in a manner that minimizes disruption and inconvenience to other landowners within the overlay district and the surrounding community in general.
2. Conditional Approval. The planning commission may recommend approval of the institutional overlay district and the associated campus master development plan subject to conditions. All conditions shall be transmitted in writing to the applicant. The institutional overlay district and associated campus master development plan shall not be considered recommended for approval until the applicant concurs with all conditions in writing and provides all prescribed amendments to the master plan and/or application.
3. Disapproval. If the planning commission recommends disapproval of the proposed institutional overlay district and associated campus master development plan, the reasons for that recommendation of disapproval shall be stated in writing and transmitted to the applicant.
C. Council Consideration. An institutional overlay district and associated campus master development plan shall be approved upon adoption of an ordinance by the metropolitan council, following a recommendation from the planning commission, according to the procedures of Article III of this chapter (Amendments). Testimony and evidence material to the provisions of Chapter 17.36, Article IX may be considered by the council in its deliberations.
D. Final Site Plan Approvals. A final site plan application for property lying within an institutional overlay district shall be reviewed and acted on by the planning commission according to the procedures of Section 17.40.170B. Approval shall be based on a finding that the final site plan conforms with the approved campus master development plan and all other applicable provisions of this title.
E. Changes to an Institutional Overlay District. An application to modify an approved campus master development plan and/or institutional overlay district shall be filed with the planning commission. The planning commission shall review all proposed changes according to the procedures of subsection B of this section Changes shall be considered as follows:
1. Minor modifications. The planning director shall have the authority to grant minor modifications to the approved campus master development plan that do not exceed 10% within the modification area of any square footage limitation, building setback, lot coverage, landscaping requirement, parking requirement, or dimensional requirement relating to fences or walls. At the planning director's discretion, any minor modification may be referred to the planning commission for review and action as set forth in Section 17.40.140B.
2. Major modifications. All other modifications to the institutional overlay district and approved campus master development plan shall be considered major modifications except that it shall not be considered a major modification to rearrange proposed campus buildings unless the rearrangement results in buildings being placed more than 10% closer to the existing campus boundary or the overlay district boundary. Major modifications shall be considered by the metropolitan council in accordance with Article III of this chapter (Amendments), following review and recommendation by the planning commission as set forth in Section 17.40.140B.
Section 9. This Ordinance shall take effect five (5) days from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: John Summers
|Introduced:||April 1, 2003|
|Passed First Reading:||April 1, 2003|
Commission - Approved 10-0 (3/27/2003)
Planning & Zoning Committee
|Passed Second Reading:||June 4, 2003|
|Deferred to July 15, 2003:||June 4, 2003|
|Passed Third Reading:||July 15, 2003|
|Approved:||July 17, 2003|
|Effective Date:||July 19, 2003|