ORDINANCE NO. BL2001-857

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, Section 17.16.040 (Educational Uses) by modifying and clarifying the standards for a "Community Education" use, all of which is more particularly described herein (Proposal No. 2001Z-005T2).

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:

17.16.40 Educational Uses
(Refer to zoning district land use table)

A. Community Education.
1. 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. 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. Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard B shall be applied along common property lines.
4. Street Standard. At a minimum, educational facilities shall have driveway access on streets that function at the minimum street standards below:
a. 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;
b. Middle: collector street;
c. High: arterial street; or the intersection of two collector streets.
5. 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. Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard A shall be applied along common property lines.
b. 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. 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.

A. Community Education.
1. Site location. It is desirable, but not required, that schools be located within walking distance (one-quarter mile) of other community facilities such as, but not limited to, community centers, parks, greenways, transit stops, and libraries. Along with the required site plan, a vicinity map shall be provided that indicates the school site, surrounding street network, and location of community facilities within one-half mile of the subject site.
2. Street access. At a minimum, educational facilities shall access streets that function at the minimum street standards below:

a. Elementary school (K-8) Local street
b. Middle school (5-9) Collector street
c. High school 800 student capacity or less Collector street
c. High school greater than 800 student capacity Major or minor arterial or the intersection of two collector streets
     


3. Outdoor lighting. Lighting associated with active outdoor recreation, including athletic fields and courts, shall be shielded or directed to prevent artificial light from shining directly into the windows of any residential structure or directly onto abutting lots zoned or used for residential purposes.
4. Landscaping, buffering and screening.
a. In addition to the standards for landscape maintenance (17.24.080), tree protection and replacement (17.24.090ƒ), and parking lot landscaping (17.24.130ƒ), the screening requirements for exterior service areas of commercial buildings (17.24.060, E.) shall apply.

b. Buffer and screening standards vary depending upon the relationship between an education campus' edge condition and the type of property that abuts it. To recognize conditions where uses and buildings create compatible relationships of scale and appearance with neighboring features, buffers are required only as set out in the table below.

Campus Feature      
  Residentially zoned property Public street
Closest building wall > 20' in height, within 50' of property line, and parallel to or forming an angle 45º or less with property line "A" Buffer  
Closest building wall > 800 square feet in area, whose wall plane is within 50' of property line, and parallel to or forming an angle 45º or less with property line    

Active outdoor recreation area of elementary school within 50' of property line
"A" Buffer  
Active outdoor recreation area, court or playing field of middle or high school within 100' of property line "B" Buffer  
  Parking lot > 30 spaces within 50' of property line "A" Buffer in addition to/combined with the side lot line screening requirements of 17.24.130ƒ  
  Chain link or similar fencing material in an established yard   Fence planted on exterior side with evergreen shrubs minimum 2 ½ feet in height at installation, expected height at maturity at least 6 feet, planted no more than 6 feet on center


5. Site plan required. 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 and the requirement of paragraph A.1. of this section.

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 8-0 (10/25/01)
Planning & Zoning Committee
Passed Second Reading: November 6, 2001
Deferred to December 18, 2001: November 20, 2001
Deferred: December 18, 2001
Deferred: January 15, 2002
Deferred Indefinitely February 5, 2002
Withdrawn: August 19, 2003