An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Metro Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T).

WHEREAS, there are a number of planned unit developments (PUDs) within Davidson County that have never been built according to the council-approved master development plan; and

WHEREAS, undeveloped or partially developed PUDs lead to inaccurate perceptions about the development future of sites that appear vacant and in a natural state; and

WHEREAS, unbuilt and obsolete PUD master plans are unreliable predictors of improvements needed in public services and infrastructure.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.40.120 as follows:

1. By adding the following new subsection H.:

"H. Inactive Planned Unit Developments.

1. A planned unit development overlay district is not intended for speculative development projects, but represents the applicant's firm intention to develop according to a master development plan in a single development operation, or in a phased series of development operations according to a development schedule submitted in accordance with Section 17.36.040.C.5.

2. Any planned unit development, or any phase of a planned unit development, approved by the metropolitan council shall be classified inactive if:

a. Six years following the date of the enacting ordinance or Council action per section 6 below, there is no valid building permit in effect and substantial construction has not begun; for the purposes of this subsection H, substantial construction shall not include site grading; or

b. Less than 60% of the non-residential floor area allowed by the planned unit development has been constructed, and six years have expired since the most recent newly constructed non-residential building received a final certificate of use and occupancy; there is no valid building permit in effect, and substantial construction to resume building activity has not begun; substantial construction shall not include site grading; or

c. Fewer than 75% of the residential units allowed by the planned unit development have been constructed, and six years have expired since the most recent newly constructed residential building received a final certificate of use and occupancy; there is no valid building permit in effect, and substantial construction to resume building activity has not begun; substantial construction shall not include site grading.
Exception for planned unit developments with phasing schedules exceeding six years: If the developer provides evidence, and the Executive Director makes findings, that a multi-phase planned unit development has adhered to the approved development schedule required by Section 17.36.040.C.5, and that construction of buildings and uses has been uninterrupted, then the failure to meet the construction targets of subsection 2., a. through c. on one or more individual phases shall not cause said phases to be classified inactive. For purposes of this section, construction is uninterrupted when there is no interval of 12 or more months when a final certificate of use and occupancy has not been issued for a newly constructed building somewhere in the planned unit development, without regard to phase lines.

3. No grading permit nor any building permit for new building construction shall be issued for an inactive planned unit development, or for any inactive phase(s) of a planned unit development, until the planned unit development is reviewed by the planning commission and the metropolitan council takes final action as outlined in subsection 6.

4. Review of an inactive planned unit development, or any inactive phase(s) of a planned unit development, may be initiated by the planning commission in one of the following ways:

a. By the planning commission, on its own initiative;

b. Upon referral to the planning commission by a member of the metropolitan council;

c. Upon referral to the planning commission by any department of metropolitan government that issues building or development permits;

d. Upon request of the property owner(s) or agent.

5. Within ninety days from the initiation of the review, the planning commission shall provide recommended legislation to the metropolitan council which reflects its findings on issues a., b., and c., below. Failure of the planning commission to provide the metropolitan council with a recommendation within ninety days from the initiation of the review shall be considered a recommendation to approve by ordinance the retention of the existing planned unit development overlay and base zoning district(s) without alteration.

a. Whether, in the planning commission's opinion, the planned unit development or the phase(s) under review has become inactive, according to the application of criteria set out in 170.40.120 H.2; and

b. The appropriateness of the continued implementation of the planned unit development or phase(s) as adopted, based on current conditions and circumstances, including the appropriate base zoning district necessary to implement the planned unit development as it exists; and

c. Any recommendation to amend the planned unit development overlay district or individual phase(s) to properly reflect existing conditions and circumstances, and the appropriate base zoning classification(s) should the planned unit development overlay district be removed, in whole or in part, from the area of the inactive planned unit development district or the area of any inactive phase(s).

6. Within six months of the planning commission's deadline for submitting a recommendation regarding the continued appropriateness of the PUD, the council shall take final action to re-approve the existing PUD master plan, amend the PUD master plan, or cancel the PUD overlay district, including any change(s) to the underlying base zoning district. Otherwise the property may be developed in accordance with the master development plan last approved by the metropolitan council until such time as the council takes action to alter the zoning of the property.

7. The procedures of Article III of this chapter and the rules and procedures of the metropolitan planning commission shall apply to deliberations and decisions on inactive planned unit developments."

Section 2. 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: John Summers