ORDINANCE NO. BL2011-27

An ordinance to amend Chapter 17.12 (District Bulk Provisions) of the Metropolitan Zoning Code by adding a note to the District Bulk Tables to clarify minimum lot requirements when a right-of-way dedication is required (Proposal 2011Z-013TX-001).

WHEREAS, Mayor Karl Dean signed Executive Order No. 40 Complete Streets Policy on October 6, 2010, to support and encourage a transportation system that is safe and convenient for all users, regardless of age, ability, or mode of transportation; and

WHEREAS, the Metropolitan Planning Commission has recently adopted the 2011 update to the Major and Collector Street Plan (MCSP); and

WHEREAS, the MCSP establishes right-of-way dimensions for arterial and collector streets consistent with the Complete Streets Policy to ensure the public’s health, safety, and welfare; and,

WHEREAS the MCSP established for right-of-way dedications requirements for when real property located on an arterial or collector street is subdivided; and

WHEREAS a right-of-way dedication may be required for real property located on a local street where the existing street’s right-of-way is too narrow; and

WHEREAS right-of-way dedication may result in real property being non-compliant with the minimum lot size requirements of the Metro Zoning Codes; and

WHEREAS, a right-of-way dedication ensures consistency with the MCSP and Complete Streets Policy and without the subdivision the right-of-way would not be dedicated.

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

Section 1. Chapter 17.12 is hereby amended by adding the following as Note 2 to Table 17.12.020.A and Note 7 to Table 17.12.020.B:

When a right-of-way dedication is required for an existing lot or parcel along an existing street that could be subdivided into two or more lots that would each meet the minimum lot requirements for the zoning district prior to the dedication of right of way, the minimum lot area shall be considered to be the area prior to the dedication. The newly created lots shall meet all other bulk standards of the zoning code based on the dimensions after the dedication of the right of way.

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: Phil Claiborne

LEGISLATIVE HISTORY
Introduced:	October 4, 2011
Passed First Reading:	October 4, 2011
Referred to:	Planning Commission - Approved 6-0 (October 13, 2011) Planning & Zoning Committee
Passed Second Reading:	November 1, 2011
Passed Third Reading:	November 15, 2011
Approved:	November 17, 2011
By:
Effective:	November 21, 2011