SUBSTITUTE ORDINANCE NO. BL2007-1367An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to provide a process for periodic review of older planned unit developments, which is more particularly described herein (Proposal No 2007Z-026T).
WHEREAS, there are a number of planned unit developments (PUDs) and portions of PUDs within Davidson county that have never begun construction and should be reviewed as to their continued appropriateness within their communities; and
WHEREAS, owners of such PUDs should have a reasonable opportunity to begin construction in accordance with the Council-approved master development plan prior to any proposed zoning change; and
WHEREAS, a process should be defined to evaluate and reconfirm, amend, or cancel older PUDs.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.40.120.F.1, Changes to a Planned Unit Development District/Modification of Master Development Plan, by adding a new paragraph e. as follows:
e. Any modification to a master development plan for a planned unit development or portion thereof that meets the criteria for inactivity of Section 17.40.120.H.4.a.
Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.40.120.G.2, Status of Earlier Planned Unit Developments, by adding a new paragraph m. as follows:
m. In the judgment of the commission, the planned unit development or portion thereof to be modified does not meet the criteria for inactivity of Section 17.40.120.H 4.a.
Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.40.120 by adding a new subsection H. as follows:
H. Periodic Review of Planned Unit Developments.
1. Authorization to Review. The metropolitan planning commission is authorized to review any planned unit development overlay district (PUD), or portion thereof, to determine whether development activity has occurred within six years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with Section 4.a. of this section, to recommend legislation to the council to re-approve, amend or cancel the PUD and make conforming changes to the base zoning if necessary.
2. Initiation. Review of a PUD or portion thereof to determine inactivity may be initiated by the metropolitan planning commission
a. on its own initiative,
b. by written request of a member of the metropolitan council, or
c. by written request of a property owner within the area of the PUD overlay requested for review.
d. Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the PUD is located, to the Zoning Administrator, and to the owner(s) of property in the portion of the PUD overlay district to be reviewed.
3. Metropolitan Planning Commission Procedure. Within 90 days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the PUD or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve, amend or cancel the PUD and make conforming changes to the base zoning district if necessary.
a. Determination of Inactivity. To determine that a PUD or portion thereof is inactive, the planning commission shall establish each of the findings i. through iii. below. The planning commission may also take into consideration the aggregate of actions, if any, taken by the owner of the PUD within the prior 12 months to develop the portion of the PUD under review.
i. Six or more years have elapsed since the latter of
(1) the effective date of the initial enacting ordinance of the PUD,
(2) the effective date of any ordinance approving an amendment to the PUD,
(3) the effective date of any ordinance re-approving or amending a PUD after it has been reviewed and decided in accordance with Section 5. a. or b of this section, or
(4) the deadline for action by the metropolitan council in accordance with Section 5. d. of this section, and
ii. Construction has not begun on the portion of the PUD under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the PUD under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and
iii. Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the PUD approval.
b. Recommendation to Metropolitan Council. If the planning commission determines that the PUD or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve, amend, or cancel the PUD, or portion thereof that is determined to be inactive, including conforming changes to the base zoning district if necessary. In recommending legislation, the planning commission shall:
i. Determine whether the existing PUD is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the Metropolitan Government.
ii. Recommend legislation to re-approve, amend, or cancel the existing overlay district, including as required:
(a) The appropriate base zoning district(s), if different from current base zoning, to retain and implement the PUD overlay district as it exists.
(b) Any amendment(s) to the inactive PUD's master development plan and base zoning district(s) to reflect existing conditions and circumstances, including the land use policies of the general plan and the zoning of properties in the area.
(c) Base zoning district(s) consistent with the adopted general plan, should the PUD overlay district be recommended for cancellation.
Failure of the planning commission to act within 90 days from the initiation of a review shall be considered a recommendation to re-approve by ordinance the existing PUD overlay district without alteration.
c. When Inactivity Not Established. If the planning commission determines that the PUD or portion thereof under review does not meet the criteria of Section 17.40.120.H.4.a for inactivity, the PUD review is concluded, the limitations of Section 5 are terminated, and a re-review of the PUD shall not be initiated in the manner of Section 2 of this section for 12 months following the commission's determination.
4. Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:
a. Re-approve the existing PUD master plan and apply the appropriate base zoning district(s), if different from current base zoning,
b. Amend the PUD master plan, or
c. Cancel the PUD overlay district, including any change(s) to the underlying base zoning district.
d. Decline to take action by ordinance. If the metropolitan council does not act to re-approve, amend, or cancel the PUD within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the master development plan last approved by the metropolitan council, or subsequently revised by the planning commission.
5. No grading permit nor any building permit for new building construction shall be issued within the PUD overlay district or portion thereof for which a review has been initiated until the earlier of:
a. the metropolitan council's final action to re-approve, amend or cancel the PUD overlay district, or
b. six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.
Section 4. The provisions of this Ordinance shall become applicable 270 days following its passage.
Section 5. 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: John Summers
|Introduced:||February 6, 2007|
|Passed First Reading:||February 6, 2007|
Commission - Approved 10-0
(February 22, 2007)
Planning & Zoning Committee
|Deferred to May 1, 2007: (Public Hearing)||March 5, 2007|
|Passed Second Reading:||May 1, 2007|
|Deferred:||May 1, 2007|
||June 5, 2007|
|Substitute Introduced:||June 19, 2007|
|Passed Third Reading:||June 19, 2007|
|Approved:||June 20, 2007|
|Effective:||June 22, 2007|