An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, Article VIII (Urban Design Overlay District) by clarifying where an urban design overlay district may be used, all of which is more particularly described herein (Proposal No. 2001Z-012T).

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 by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference, as follows:

Article VIII. Urban Design Overlay District

17.36.270 Purpose and intent.
The purpose of the urban design overlay district is to allow for the application and implementation of special design standards within areas specifically designated by an adopted subarea plan with the intent of achieving a sense of place by fostering a scale and form of development that emphasizes sensitivity to the pedestrian environment, minimizes intrusion of the automobile into the urban setting, and provides for the sensitive placement of open spaces in relationship to building masses, street furniture and landscaping features in a manner otherwise not insured by the application of the conventional bulk, landscaping and parking standards of this title. Application of this special overlay district shall be limited to areas specifically identified by a subarea plan as requiring specialized design standards either to maintain and reinforce an established form or character of development, or to achieve a specific design objective for new development. Any application for an urban design overlay district shall include design goals and objectives that embody this purpose and intent. (Ord. 96-555 § 9.8(A), 1997)

17.36.290 Design guidelines.
An ordinance creating an urban design overlay district shall include a design plan and associated design criteria of sufficient detail to demonstrate how the design goals and objectives for the subject area as established by the adopted subarea plan will be accomplished. (Ord. 96-555 § 9.8(C), 1997)

17.36.310 Development incentives.
To promote the inclusion of properties within an urban design overlay district for the purpose of achieving specified design objectives, the enacting ordinance may establish development incentives. The form and scope of such incentives shall be commensurate with the goals and objectives of the adopted subarea plan. (Ord. 96-555 § 9.8(E), 1997)

17.40.130 Urban design overlay district.
A. Subarea Plan Basis. Application of the urban design overlay district shall be limited to those geographic areas specifically designated by an adopted subarea plan as warranting specialized regulation of design in order to achieve a stated community objective. B.A. Application for an Urban Design Overlay District. The applicable goals and objectives of a proposed urban design overlay district shall be established. by an adopted subarea plan. An urban design overlay district application shall also include a detailed design plan and all associated design criteria required to implement that plan. The form and content of an urban design overlay district application shall be established by the planning commission. Applications shall be filed with the planning commission. C. B. Planning Commission Recommendation. The planning commission shall review a proposed urban design overlay district application for conformance with the stated design goals and objectives established by the applicable subarea 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. Approval of a proposed urban design overlay shall be based on findings that the stated design goals and objectives of the adopted subarea plan have been satisfied.
2. Conditional Approval. The planning commission may recommend approval of an urban design overlay district application subject to any conditions deemed necessary to fulfill the goals and objectives of the subarea plan. All conditions shall be transmitted in writing to the applicant. The application will not be considered approved until the applicant concurs with all conditions in writing and provides all prescribed amendments to the application.

· Remaining subsections D- F are to be renumbered, accordingly.

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: John Summers, Leo Waters

LEGISLATIVE HISTORY
Introduced:	October 2, 2001
Passed First Reading:	October 2, 2001
Referred to:	Planning Commission - Approved 9-0 (10/25/01) Planning & Zoning Committee
Passed Second Reading:	November 6, 2001
Deferred to December 4, 2001:	November 6, 2001
Passed Third Reading:	December 4, 2001
Approved:	December 5, 2001
By: