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 applying the Institutional Overlay district to various properties between Belmont Boulevard, 15th Avenue South and 12th Avenue South and between Wedgewood Avenue and Ashwood Avenue, including properties along Acklen Avenue, Bernard Avenue, Compton Avenue and Delmar Avenue, (74.95 acres), all of which is described herein (Proposal No. 2002Z-040U-10).

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, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By applying the Institutional Overlay district to various properties between Belmont Boulevard, 15th Avenue South and 12th Avenue South and between Wedgewood Avenue and Ashwood Avenue, including properties along Acklen Avenue, Bernard Avenue, Compton Avenue and Delmar Avenue, (74.95 acres) as designated on Maps 104-12, 104-16, 105-09, 105-90, of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the attached sketch, which is attached to and made a part of this ordinance as though copied herein.

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet No. 104 and 105said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. 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: Ginger Hausser

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Amendment No. 1
To
Ordinance No. BL2005-555

Mr. President:

I move to amend Ordinance No. BL2005-555 as follows:

1. By deleting Section 3 in its entirety and substituting in lieu thereof the following new Section 3:

"Section 3. Be it further enacted, that the following conditions shall apply to the master development plan for the Belmont University Institutional Overlay district as identified in Section 1 of this Ordinance:

1. A Belmont University Neighborhood Advisory Group will be formally established to work with the neighborhood, Belmont University, and Metropolitan Planning staff on issues associated with implementing the institutional overlay and its' associated Master Development Plan. The Advisory Group will include nine members serving staggered two-year terms. Four recommendations for persons to serve on the Advisory Group will be presented by Belmont University and four recommendations presented by the Metro Councilmember in whose district Belmont University is located. The final member of the Advisory group will be the president of Belmont Hillsboro Neighbors, or his/her designee. Within six months of the passage of BL 2005-555, the Councilmember and Belmont University will recommend appointees to the Metropolitan Planning Commission for confirmation. Members must live or operate/own a business or commercial property in the vicinity of the campus, which may include, but is not limited to 15th Avenue South, Acklen Avenue, 14th Avenue South, 12th Avenue, Caldwell Avenue, Ashwood Avenue, Belmont Boulevard, and 18th Avenue South.

2. The Belmont University Neighborhood Advisory Group and Belmont representatives will meet on a quarterly basis to discuss matters of common concern. In addition, the planning department staff will convene a meeting of the Advisory Group to gather input on any project that requires final site plan application for property lying within the Belmont I-O district and on any project that constitutes a "major modification" of the I-O district as that term is defined in Section 17.40.140(e.2) of the Metro Code. The Belmont University Neighborhood Advisory Group will review the proposed development in light of the objectives of the campus Master Development Plan and this amendment to the Master Development Plan. In advance of final design/outset of construction, Belmont will provide the Advisory Group with information about the development and any impact it may have on the neighborhood such as timing, construction traffic, construction hours, construction worker parking, lighting, landscaping, and plans to communicate with the community, etc. Belmont will, in good faith, work with the Advisory Group to come to consensus on how to address any aspects of the projects that are of concern to a majority of the members of the Advisory Group. As such, the Planning Commission staff member reviewing the request for a building permit will meet or in some case electronically communicate with the Advisory Group and the university to ensure that the Master Development Plan, this amendment, and neighborhood construction issues have been adequately addressed.

3. To facilitate the smooth integration of university construction activities with the neighborhood, Belmont will require its general contractors and all acting on its behalf to conform to all applicable Metro ordinances regarding noise levels, work hours, and external lighting. In addition, when establishing routes for construction vehicles entering and exiting building sites on Belmont's campus, Belmont will place a priority on keeping construction traffic off residential streets wherever possible. Further, Belmont commits to maintain the homes it owns in residential areas to neighborhood standards. Specifically, Belmont will not board up any windows on residential properties it acquires (unless the structure is to be razed within one month's period of time). In addition, Belmont will not store construction debris outside the perimeter of a construction fence on residential property and will attempt to keep such debris out of the sight of the surrounding residential community.

4. Belmont is actively acquiring residential properties within its Master Development Plan. When Belmont rents residential property to tenants in the residential buffer area on 15th Avenue South, it will exercise preferences in favor of Belmont's faculty, staff, and graduate students and will not rent to undergraduate students unless there is an existing lease in place.

5. In an effort to recognize the unique role the university and the surrounding neighborhoods to the university have with one another, Belmont will establish a Community Outreach Scholarship program. The university will award biennially a scholarship fund equal to one half of the full time undergraduate tuition to an eligible student. Eligibility requirements include the following:
" Permanent address located within geographic boundaries:
" Natchez Trace to I-65
" I-440 to I-40
" Academic credentials (GPA and Test Scores) at or above university average
" Demonstrated financial need
" Preference given to public high school graduates
" Commitment to community service demonstrated through activities on leadership resume

6. Belmont will continue to communicate on a neighborhood wide basis bi-annually or more frequently as needed. Communication will take the form of open meeting and/or newsletter. Such communication should include changes occurring on the campus, construction, major events, and other items of interest for the neighborhood.

7. For residents on 15th Avenue South in order to guarantee a fair price to those residents, Belmont University will pay for two appraisals prior to the purchase of their property. The University will select one appraiser and the property owner will select one. At the point at which Belmont has purchased the West side of the first block of 15th Avenue South and Wedgewood, Belmont will make every reasonable attempt to purchase the homes in that block on the East Side of 15th Avenue South, prior to undertaking construction of the academic building designated in the Master Development Plan for the corner of 15th Avenue South and Wedgewood Avenue.

8. The architectural guidelines for development along 15th Avenue and Ashwood shall extend the entire length of 15th Avenue, with the exception of any new building situated on the corner of 15th Avenue and Wedgewood. A building on the corner of 15th Avenue and Wedgewood may be exempt from the vertical articulation requirements of the architectural guidelines established in the overlay if Belmont makes every reasonable attempt to purchase the homes in the first block on the East side of 15th Avenue South. The Planning Commission staff in consultation with the Neighborhood Advisory Group and Belmont University will make the determination of whether the "reasonable attempt" standard has been met.

9. There shall be no parking allowed in front of buildings, excluding existing parking and on-street parking, in the Arts and Entertainment Zone.

10. Lighting shall be internally directed and shall minimize light trespass and pollution onto adjacent residential properties.

11. Portable buildings shall be allowed for construction-related uses, with Planning Department review of the location. Portable buildings shall be allowed for other uses only with approval by the Planning Commission.

12. The University shall not count on-street parking in meeting parking requirements for new development.

13. When there is a change in the use of a building, a study shall be conducted to determine if there is a need for additional parking related to the new use. Such study shall consider available parking.

14. Access to the proposed parking structure near Bruin Hills shall be limited to 12th Avenue and 15th Avenue.

15. East Belmont Circle and Belmont Boulevard shall not be closed to motorized traffic until a Traffic Impact Study is conducted for both streets, and East Belmont Circle must also be referred to the Planning Commission for review before closing.

16. Provide a minimum of the 5 foot wide B-5 landscape buffer to non-university owned properties adjacent to the new Health Sciences building and the proposed parking structure at the Bruin Hills dormitory.

17. When development site 3 is redeveloped, the maximum building height shall not exceed that of the existing apartment building.

18. As new development occurs, buildings at the corners of Belmont and Ashwood as well as 15th Avenue and Ashwood shall be configured so as to create a "pocket park" with a minimum area of 1,500 square feet for university and public use.

19. Loading and refuse areas shall not face public streets along the perimeter of the overlay district.

20. Approval of the IO overlay does not require the instillation of a traffic signal at 15th Ave., South, and Wedgewood Avenue by Belmont University. If Belmont University proposes or otherwise agrees to provide for the installation of a traffic signal at that location, the Planning Commission must review the approved development plan and provide a recommendation to Council as to the impact on the neighborhood and whether the IO should be continued.

21. In order to lessen traffic and parking issues associated with university growth, and to maintain the viability of the surrounding neighborhood, Belmont University will fund a traffic calming/parking/streetscape/aesthetics study to make improvement to the streets surrounding the university including: 15th Avenue South, Acklen Avenue, Caldwell Avenue, Ashwood Avenue, Belmont Boulevard, 18th Avenue South, 19th Avenue South, and on Villa Place from Wedgewood Avenue to Horton Avenue (with recognition that Villa is already participating in Metro's Traffic Calming program). This study will be initiated within two months of the date of passage of BL 2005-555 and submitted to the Belmont University Neighborhood Advisory Group and Metro Public Works for approval of the recommendation. Such recommendations will be finalized within five months of the passage of this legislation. Once approved by the Advisory Group, Public Works, and if needed, the Metro Traffic and Parking Commission, Belmont will implement the recommendations within two months of the mandatory approvals by Metro. At a minimum the plan will include improvements of $25,000 already obligated by Belmont University as a condition of the Board of Zoning Appeals' approval of the Health Science Center.

22. In recognition of the traffic and congestion concerns Belmont University will collaborate with MTA to determine the feasibility of offering incentives to employees and students to utilize mass transit.

23. To further protect the viability of the neighborhoods surrounding the university, Belmont will create a plan for a main entrance to the campus at Wedgewood and East Belmont Circle, with the understanding that the plan should seek to minimize any increased impact to Villa Place. This may include additional turn lanes, lights, or other recommendations for changes at the intersection as required by Public Works and/or Metro Traffic and Parking Commission. At a minimum, East Belmont Circle will continue to be open to vehicular and pedestrian traffic, unless otherwise approved by Metro Planning Commission, improvements will include the addition of a left turn lane from East Belmont Circle to Wedgewood, and monument signs directing students, faculty, and visitors to the entrance and parking garage. This plan will be presented to the Belmont University Neighborhood Advisory Group and to Metro Public Works. Improvements to this intersection will be completed within one year of approval from Public Works and/or the Metro Traffic and Parking Commission.

24. Upon adoption of Ordinance No. BL2005-555, as amended, by the Metropolitan Council, Belmont University will make these changes and the changes required by the Metropolitan Planning Commission to the Master Development Plan. The revised Master Development Plan will be posted on the university's website, with a printed copy provided to the Metropolitan Planning Commission, Metro Public Works, the district Councilmember, Metro Codes, Belmont Hillsboro Neighbors, Sunnyside Neighbors, members of the Advisory Group, and to residents on streets surrounding the university at their request.

2. By adding the following new Section 4:

"Section 4. That this Ordinance shall take effect five (5) days from and 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: Ginger Hausser

LEGISLATIVE HISTORY
Introduced:	February 1, 2005
Passed First Reading:	February 1, 2005
Referred to:	Planning Commission - Approved 10-0 (April 28, 2005) Planning & Zoning Committee
Deferred to May 3, 2005:	March 1, 2005
Deferred Indefinitely:	May 3, 2005
Passed Second Reading:	August 2, 2005
Amended:	August 16, 2005
Passed Third Reading:	August 16, 2005
Approved:	August 18, 2005
By:
Effective:	August 19, 2005