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. 2006Z-186T).

WHEREAS, there are a number of planned unit developments (PUDs) within Davidson County that have never begun construction and should be rezoned; and

WHEREAS, owners of such PUDs shall have a reasonable opportunity to begin construction in accordance with the Council-approved master development plan prior to any proposed rezoning; and

WHEREAS, it is proper to notify all owners of any PUDs affected by this Ordinance.

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

Section 1. 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. From and after the Review Commencement Date (as defined below) the Metropolitan Planning Commission is authorized to classify as inactive any planned unit development approved by the Planning Commission and the Metropolitan Council meeting the requirements of this section. Any planned unit development approved by the Planning Commission and the Metropolitan Council may be classified as inactive if:

1. The Metropolitan Planning Commission determines that:

a. (i) No building permit has been issued within six (6) years from the latter of (A) the Review Commencement Date, (B) the effective date of the initial enacting ordinance for the planned unit development, (C) the effective date of any ordinance approving an amendment to the planned unit development, or (D) the effective date of any ordinance reapproving or amending a planned unit development after it has been determined to be inactive by the Metropolitan Planning Commission; or
(ii) No construction has begun, as defined by Section 17.04.030(1), within six (6) years from the latter of (A) the Review Commencement Date, (B) the effective date of the initial enacting ordinance for the planned unit development, (C) the effective date of any ordinance approving an amendment to the planned unit development, or (D) the effective date of any ordinance reapproving or amending a planned unit development after it has been determined to be inactive by the Metropolitan Planning Commission; and

b. The owner of the property subject to the planned unit development has not incurred significant expenses in connection with the planning or construction of any off-site improvements that were required to be constructed by the Planning Commission and the Metropolitan Council as a condition of the approval of the planned unit development; and

c. The base zoning of properties surrounding the planned unit development and/or the long range plan for the area that includes the planned unit development has/have been so significantly altered since the latter of the effective date of the initial enacting ordinance for the planned unit development, the effective date of any ordinance approving an amendment to the planned unit development, or the effective date of any ordinance reapproving or amending a planned unit development after it has been determined to be inactive by the Metropolitan Planning Commission, that the planned unit development is no longer appropriate in light of the base zoning of properties surrounding the planned unit development and/or the long range plan for the area that includes the planned unit development.

2. For purposes of this section, the "Review Commencement Date" shall be the date which is one hundred and eighty (180) days after the effective date of Ordinance No. BL2005-629.

3. The process to classify a planned unit development as inactive may be initiated by the Planning Department, by a member of the Metropolitan Council, by any department of the Metropolitan Government that issues building or development permits, or by the property owner(s) or designated agent. The initiator of the process to classify a planned unit development as inactive shall have the burden of establishing that all the requirements of this section have been met.

4. Prior to conducting a public hearing to classify a planned unit development as inactive, the planning commission must provide notice of the public hearing to the owner of the property subject to the planned unit development in accordance with the provisions of Sections 17.40.700 through 17.40.730.

5. In the event that the Metropolitan Planning Commission, determines that the requirements of this section have been met, then the planned unit development will be classified as inactive. For any planned unit development classified as inactive, the Metropolitan Planning Commission shall identify:

a. The appropriate base zoning classification necessary to implement the planned unit development as it exists; or

b. The appropriate zoning classification should the planned unit development overlay be cancelled.

6. In the event that the Metropolitan Planning Commission classifies a planned unit development as inactive, the Metropolitan Planning Commission shall prepare an ordinance seeking the concurrence of the Metropolitan Council with the determinations made pursuant to this section. The Metropolitan Council shall consider the ordinance according to the procedures of Sections 17.40.050 through 17.40.100. Testimony and evidence material to the standards of this section may be considered by the Metropolitan Council in its deliberations. The provisions of Section 17.40.730 shall not be applicable to the Metropolitan Council's consideration of an ordinance submitted by the Metropolitan Planning Commission pursuant to this section.

7. In the event the Metropolitan Council concurs with the classification of a planned unit development as inactive, but permits the planned unit development to proceed pursuant to the adopted master development plan, then, if for any planned unit development was adopted prior to the effective date of Ordinance O96-555, the planned unit development will be considered a previously approved planned unit development for purposes of Section 17.40.120G3.

Section 2. That immediately following the effective date of this Ordinance the Metropolitan Clerk shall notify each owner of record of all properties encumbered by a planned unit development (PUD) as shown on the Official Zoning Map or otherwise by forwarding via U.S. Mail, postage pre-paid, a copy of this Ordinance to said owner(s).

Section 3. 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: Charlie Tygard