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 amending Chapter 17.20 relative to the Provision of Sidewalks (Proposal No. 2004Z-015T), all of which is more particularly described herein.

WHEREAS, the Metropolitan Government procured a Final Report of the Metro Nashville Traffic and Pedestrian Safety Task Force (August 1998); and

WHEREAS, the Metropolitan Council enacted amendments to Title 17, the Zoning Code, by the adoption of Ordinance No. BL2000-479 whereby the locational criteria for new sidewalk construction was deleted; and

WHEREAS, the Metropolitan Government procured the Strategic Plan for Sidewalks & Bikeways (March 2003); and

WHEREAS, the Metropolitan Council enacted a Strategic Plan for Sidewalk Capital Improvement Projects by the adoption of Ordinance No. BL2003-108; and

WHEREAS, the Metropolitan Council finds it necessary and in the public interest to establish reasonable criteria for the most cost-effective provision of sidewalks within the public right-of-way in the areas of greatest need in Nashville and Davidson County.

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 to the text of Section 17.20.120 (Provision of Sidewalks) of the Zoning Code for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference as follows:

Subsection I. By moving the last sentence of the second paragraph to the end of the first full paragraph, said sentence reads: When a sidewalk network exists at the time of redevelopment and is noncompliant with the current standards of the metropolitan government, they shall be brought into compliance when the property is redeveloped as defined in this section.

Subsection II. By deleting the second full paragraph and substituting in lieu thereof the following:

“ A. The provisions of this section shall not apply to the redevelopment of property when:

1. The value of any one expansion is less than twenty-five percent, or the value of multiple expansions during any five-year period is less than fifty percent of the value of all improvements on the lot prior to expansion; or

2. The total building square footage of any one expansion is less than twenty-five percent, or the total building square footage of multiple expansions during any five-year period is less than fifty percent of the total building square footage of all improvements on the lot prior to expansion; or

3. The property is located outside the Urban Services District and the area surrounding the property within a one (1) mile radius is developed at an average density of less than or equal to three (3) dwelling units per acre.”

Subsection III. By relabeling “17.20.120A On-Site Sidewalk Installation” as “17.20.120B On-Site Sidewalk Installation.”

Subsection IV. By deleting paragraph B in its entirety and substituting in lieu thereof the following:

C. Off-Site Sidewalk Installation.

1. Existing Sidewalk Replacement. Existing sidewalks which do not comply with the standards of the metropolitan government shall be brought into compliance as part of a new development.

2. New Sidewalk Installation. If nonexisting at the time of development, sidewalks shall be provided along any collector or arterial street fronting the property. In addition, on any street type where public sidewalks exist within a block face or on adjacent property, sidewalks shall also be provided along those streets fronting the property. Where sidewalk relief is granted by the Zoning Administrator or the Board of Zoning Appeals or by the Planning Commission pursuant to the sidewalk relief provisions of the subdivision regulations, then any revisions to a final subdivision plat may reflect the exception granted to sidewalk construction and said plat shall be signed by the Executive Director of the Planning Department and/or Secretary of the Metropolitan Planning Commission and any performance bond and security instrument for sidewalk construction shall be released.

a. Exceptions. If one or more of the physical conditions below exist, then the Zoning Administrator shall grant an exception to the new sidewalk installation requirement. If the Zoning Administrator rules that no exception should be granted, the building permit applicant may petition the Board of Zoning Appeals under 17.40.180(A) or 17.40.180(B). In either case the criteria for sidewalk relief below shall be reviewed by the Board of Zoning Appeals and may be relied upon alone notwithstanding their findings on the criteria for a variance set forth in 17.40.370.

i. Drainage ditches - when drainage ditches are present along an existing street and the installation of a sidewalk cannot occur within either the existing or future right-of-way or a pedestrian easement, without the applicant also installing stormwater facilities to accommodate the new sidewalk.

ii. Cross-slopes - when the sidewalk and landscape strip cross-section areas are located on land with a cross-slope greater than 9%, and the Metropolitan Department of Public Works certifies that construction of sidewalks on both sides of the street would create a hazardous condition or is impracticable.

iii. Developed with sidewalks on one side - when the surrounding area within a 0.25 mile radius is predominantly developed with sidewalks on the opposing side of the street, and no sidewalks exist on the applicant’s side of the street within 0.25 miles.

iv. When sidewalk installation would be non-contiguous and not from intersection to intersection.

b. Payment in lieu of construction. If such sidewalk construction is currently programmed by the metropolitan government within an adopted capital improvements budget, the developer may make an equivalent financial contribution to the metropolitan government in lieu of construction. The value of said contribution shall be determined by the average lineal foot cost of construction, determined by a sampling of current and/or recent sidewalk construction contracts awarded by the Metropolitan Department of Public Works, excluding the cost of ancillary roadway improvements unrelated to pedestrian movement, such as stormwater facilities including, but not limited to, the cost of curb and gutter, inlets, outlets, pipes and culverts. Any payments received in lieu of construction by the Metropolitan Government shall be assigned and designated for implementation of the Strategic Plan for Sidewalk Capital Improvements, as amended from time to time, provided that the sidewalk improvements shall occur within the area of the Metropolitan School District in which the development property is located and further, that the applicant’s payment in lieu of construction shall be expended within 24 months of receipt of the payment, otherwise said payment shall be refunded to the building permit applicant.

Subsection V. By relabeling “17.20.120C” as “17.20.120D.”

Section 2. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, be and is hereby amended by adding the following new section 17.20.125:

“17.20.125 Provision of Sidewalks: All Other Development. In all developments other than as referenced in Section 17.20.120 above, new sidewalks shall be provided within the public right of way pursuant to the Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County, except that:
A. Sidewalks shall not be required on cul-de-sac or dead-end turnaround streets of standard length.
B. The Zoning Administrator and the Metropolitan Board of Zoning Appeals may grant relief for the provision of sidewalks pursuant to the authority and criteria established in Section 17.20.120 C.”

Section 3. This Ordinance shall be applicable to any permit and conditions thereto for the development of property for which a final use and occupancy permit has not been issued.

Section 4. Be it further enacted that this Ordinance shall take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of the Metropolitan Government in Nashville and Davidson County requiring it.

Sponsored by: Adam Dread, Randy Foster, Jim Gotto, Michael Craddock, Parker Toler, Jamie Isabel, Tommy Bradley, Rip Ryman, Jason Hart, Buck Dozier, Diane Neighbors, Feller Brown, Sam Coleman, Pam Murray, Chris Whitson, Jim Forkum, Vivian Wilhoite, Eric Crafton, Carl Burch, Charlie Tygard, Billy Walls, Harold White, Jason Alexander, J. B. Loring , Michael Kerstetter, Brenda Gilmore

Amendment No. 1
To
Ordinance No. BL2004-289

Mr. President:

I move to amend Ordinance No. BL2004-289 as follows:

1. By amending Section 1, Subsection II, paragraph A by deleting the provisions of subparagraph 3 in their entirety, and by substituting the following new subparagraph 3:
“ 3. The property is located outside of the Urban Services District where the Sidewalk Priority Index (SPI) score is less than twenty (20), as determined by the Zoning Administrator after consulting the appropriate agencies of the metropolitan government. The Sidewalk Priority Index (SPI) is established in the Strategic Plan for Sidewalks and Bikeways, most recent edition adopted by the Metropolitan Planning Commission, and incorporated herein by reference.”

2. By amending Section 1, Subsection III by adding the following additional change to 17.20.120A (renumbered to 17.20.120B) On-Site Sidewalk Installation by replacing the phrase “off-site attractors (see subsection B of this section)” with “off-site pedestrian destinations located within a reasonable walking distance of the subject property including, but not limited to, schools, libraries and civic buildings, parks and greenways, colleges and universities, senior and assisted living facilities, public housing, hospitals, and transit stops.”

3. By deleting Section 1, Subsection IV in its entirety and substituting in lieu thereof the following new Subsection IV, which shall read as follows:
“ Subsection IV. By deleting the provisions of the former paragraph B in its entirety and substituting in lieu thereof the following:

C. Off-Site Sidewalk Installation.

The provisions of this subsection are applicable only to the street right-of-way abutting the property for which a building permit is applied.

1. Construction of sidewalks in existing network is required.
a. Construction of sidewalks is required under the following conditions:
i. Existing sidewalk repair or replacement. Existing sidewalk on street(s) fronting the property, which does not comply with the standards of the metropolitan government, shall be brought into compliance as part of a new development.
ii. New Sidewalk to fill a gap in the existing network. New sidewalk shall be constructed on street(s) fronting the property wherever installation would be contiguous to and connect existing sidewalk segments.
iii. New Sidewalk to extend the existing network. New sidewalk shall be constructed on street(s) fronting the property wherever installation would be adjacent to and extend an existing sidewalk.
iv. New Sidewalk on the same block face as existing sidewalk. New sidewalk shall be constructed on street(s) fronting the property wherever public sidewalk already exists on the same block face.
b. In circumstances a. i. through a. iv. above, new sidewalks shall comply with the adopted standards of the metropolitan government consistent with existing sidewalk development along the block face. Where existing conditions do not meet an adopted standard, a design compatible with existing conditions may be considered and approved by the Zoning Administrator, upon the advice of the appropriate metropolitan government agencies, provided constructing such design would cost no more than would full compliance with public sidewalk standards.

2. Construction of sidewalk or financial contribution to the pedestrian network is required under the following condition. Along a collector or arterial street fronting the property, the applicant shall either construct a sidewalk or apply the provisions of subsection D. of this section. When built, new sidewalks shall comply with the standards of the metropolitan government, however a design compatible with existing conditions may be considered and approved by the Zoning Administrator, upon the advice of the appropriate metropolitan government agencies, provided constructing such design would cost no more than would full compliance with public sidewalk standards.

D. Contribution to the pedestrian network as an alternative to sidewalk installation.

1. When permitted in subsection C of this section, the developer may make a financial contribution to the metropolitan government in lieu of construction. The value of said contribution shall be the average linear foot sidewalk project cost, determined on an annual basis by the Department of Public Works’ review of sidewalk projects contracted for or constructed by the metropolitan government. Any such payments received by the metropolitan government shall be assigned and designated for implementation of the Strategic Plan for Sidewalk Capital Improvements, as amended from time to time. The fee in lieu of sidewalk construction shall be used to accommodate pedestrian needs within the pedestrian benefit zone in which the development property is located. The applicant’s payment shall be allocated within 24 months of receipt of the payment, otherwise said payment shall be refunded to the building permit applicant.

2. Pedestrian Benefit Zone refers to each of eleven (11) zones, established herein, in which fees in-lieu of sidewalk construction may be collected, and where such fees shall be spent for the safety and convenience of pedestrians utilizing the sidewalk or pedestrian network within that zone. Each zone represents, to the extent practicable, an area where pedestrian circulation can take place without traversing major barriers to movement such as interstate freeways and major federal highways that are, by definition, unsafe or unsuitable for pedestrian crossing. Pedestrian Benefit Zones are described as follows:
Zone 1-A: Bounded by I-40 and I-265 on the southeast; Cumberland River on north/northwest; county line on west. (West, edge)
Zone 1-B: Bounded by Cumberland River and I-265 on the south; I-24 on the east and north; county line on the west. (Northwest, edge)
Zone 1-C: Bounded by I-24 on the west; I-65 on the southeast and east; county line on the north. (North, edge)
Zone 2-A: Bounded by I-65 on the northwest; I-24 on the west; Cumberland River on the south and east; county line on the northeast. (Northeast, edge)
Zone 2-B: Bounded by Cumberland River on the north/northwest; I-40 on the south/southwest; county line on the east. (East, edge)
Zone 3: Bounded by the downtown loop (Downtown)
Zone 4-A: Bounded by I-65 on the east/northeast; I-440 on the south and southwest; I-40 on the north and northeast. (Southwest, inner)
Zone 4-B: Bounded by I-65 on the east; I-440 on the north/northeast; I-40 on the northwest; county line on the south. (Southwest, edge)
Zone 5-A: Bounded by I-440 on the south; I-24 on the northeast and east; I-40 on the north/northwest; and I-65 on the west. (South, inner)
Zone 5-B: Bounded by I-24 on the east/northeast; I-65 on the west; I-440 on the north; and county line on the south. (South, edge)
Zone 5-C: Bounded by I-40 on the north; I-24 on the west and southwest; county line on the east. (Southeast, edge)”

4. By amending Section I, Subsection V by deleting the phrase “by relabeling ‘17.20.120C’ as ‘17.20.120D’ ” and substituting in lieu thereof the phrase “by relabeling ‘17.20.120 C’ as ‘17.20.120 E’ ”, and by adding to the end of Subsection V the phrase “and by changing the reference in the first sentence of 17.20.120C (relabeled to 17.20.120E) to read ‘subsection C’ instead of ‘subsection B’ ”.

5. By deleting the provisions of Section 2 of Ordinance NO. BL2004-289 in its entirety and substituting the following new Section 2, as follows:

“ Section 2. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County be and is hereby amended by adding the following new section 17.20.125:
“ 17.20.125 Right to Appeal and Seek Variances.
“ The provisions of section 17.20.120 may be varied or interpretations appealed in conformance with Chapter 17.40 Administration and Procedures.”

Sponsored by: Adam Dread, Randy Foster

LEGISLATIVE HISTORY
Introduced:	June 1, 2004
Passed First Reading:	June 1, 2004
Referred to:	Planning Commission – Disapproved 5-1 (June 24, 2004) Planning & Zoning Committee
Passed Second Reading:	July 6, 2004
Deferred to August 17, 2004:	July 20, 2004
Deferred to September 21, 2004:	August 17, 2004
Amended:	September 21, 2004
Passed Third Reading:	September 21, 2004 - Roll Call Vote
Approved:	September 22, 2004
By:
Effective:	September 25, 2004