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 modifying certain site plan review requirements for Community Education uses (2001Z-005T), all of which is more particularly described herein.

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 specifically described in Exhibit A, attached hereto and incorporated herein; and

SECTION 2. 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: Vic Lineweaver
EXHIBIT A

Community Education

· By amending Section 17.08.030 (District land use tables: Educational Uses) by modifying "Community Education" as follows:

· Amend Section 17.16.040.A (Uses Permitted With Conditions: Educational uses, Community Education) to the as follows:

A. Community Education.

1. Accredited School. An accredited school is defined as a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools.
a. Prior to the issuance of a building permit for construction of a new community education facility, a site plan shall be prepared and submitted identifying and describing the overall development plan and use of individual lots which comprise the site as a whole. The site plan shall be presented in accordance with Section 17.40.170 of this title.
b. Site Location. Whenever possible, schools shall be located within walking distance (one-quarter mile) from other community facilities such as, but not limited to, community centers, parks, greenways, schools, transit stops, and libraries.
c. Landscaping. Landscaping shall enhance and reinforce the residential character of the neighborhood and appropriately buffer adjacent properties. A landscape buffer appropriate to screen adjacent uses shall be provided along abutting property lines.
d. Playground, Athletic Fields, and Lighting. Playgrounds, athletic fields, and exterior lighting shall be designed and located in areas that reduce the impact to adjacent property.
e. Street Standard. At a minimum, educational facilities shall access streets that function at the minimum street standards below:

1. Elementary: local street;
2. Middle: collector street;
3. High: collector street.

2. Non-accredited Schools.
1. a. Campus Size. Minimum campus size shall be based on the total enrollment capacity of the following school types:

School Type . . . . . . . . . . Minimum Campus Size*
Elementary (K--8) . . . . . 5 acres + 1 acre/100 students
Middle (5--9) . . . . . . . . . 10 acres + 1 acre/100 students
High (7--12) . . . . . . . . . . .15 acres + 1 acre/100 students

* Public park space which abuts the school site may be calculated to meet the minimum campus size, provided the metropolitan board of parks and recreation approves the site for shared use.

2. b. Setback. Where elementary and middle school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of fifty feet. Where high school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet.
3. c. Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard B shall be applied along common property lines.
4. d. Street Standard. At a minimum, educational facilities shall have driveway access on streets that function at the minimum street standards below:
1. Elementary: any street; on minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block; local street;
2. Middle: collector street;
3. High: arterial street; or the intersection of two collector streets.collector street

5. e. Reduced Lot Size. The board of zoning appeals may permit school facilities on smaller lot sizes than set forth above provided extracurricular activities are not offered by the school. Indoor/outdoor interscholastic and intramural competitive sports and outdoor physical education facilities are prohibited. Playgrounds and nature study grounds shall be permitted. The reduced lot size shall not be less than the following enrollment capacities.

Enrollment Capacity . . . . . . . . . . . Minimum Lot Size
1 to 75 . . . . . . . . . . . . . . . . . . . . . . 2 acres
75 or more . . . . . . . . . . . . . . . . . . . 3 acres + 1 acre/100 students

a. 1) Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard A shall be applied along common property lines
b. 2) Street Standard. Reduced lot size educational facilities may have driveway access on any street, except on a minor local street driveway access shall be permitted only if the institution is located on a corner lot.

6. f. Community education facilities having a valid use and occupancy permit on the effective date of the ordinance codified in this code, and which cannot satisfy the locational or design standards of this section, may petition the board of zoning appeals as a special exception use under the provisions of Article III of this chapter.