SUBSTITUTE ORDINANCE NO. BL2012-195

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 changing from R6, RM20, RM40, MUL, MUG, MUI, OR20, ORI, CL, CS, CF, IWD and IR to MUL-A(61.33 acres), MUG-A (161.28 acres), MUI-A (163.01 acres) and ORI-A (63.55 acres) zoning for various properties in Midtown between I-440 and I-40 (449.17 acres), all of which is described herein (Proposal No. 2012Z-016PR-001).

Whereas, the Midtown Community Plan Update, adopted in March, 2012, recommended the implementation of a comprehensive zone change to provide appropriate zoning for Midtown to facilitate economic development; to ensure the health and growth of key economic sectors including hospitals and related development and the hospitality industry; to provide additional housing options in proximity to employment; to encourage sustainable growth that makes use of existing infrastructure; and to establish urban design standards that create pedestrian- and transit-friendly development; and

Whereas, the Midtown Community Plan Update also recommended the creation of Urban Design Overlay Zoning Districts (UDOs) to apply additional site and building design standards to locations to be determined with future studies. The Metro Planning Department staff will begin the process of working with stakeholders to create UDOs necessary to achieve the goals of the Midtown Community Plan Update. These UDOs will provide additional development incentives in exchange for a higher level of building and site design in regard to the provision of additional pedestrian amenities, context sensitive considerations, the provision for work force housing, and/or to achieve other community goals.

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 changing from R6, RM20, RM40, MUL, MUG, MUI, OR20, ORI, CL, CS, CF, IWD and IR to MUL-A (61.33 acres), MUG-A (161.28 acres), MUI-A (163.01 acres) and ORI-A (63.55 acres) zoning for various properties in Midtown between I-440 and I-40 (449.17 acres), being various Property Parcels as designated on various Maps 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 Maps 092, 093 and 104 of said 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 the Metropolitan Planning Department staff shall prepare Urban Design Overlay Zoning Districts (UDOs) to achieve the goals of the Midtown Community Plan Update and other public policy goals. Such UDOs shall provide additional development incentives in exchange for a higher level of building and site design in regard to the provision of additional pedestrian amenities, context sensitive considerations, the provision for work force housing and historic preservation, and other community goals or by the purchase of transfer development rights. The Metropolitan Planning Department staff shall further submit proposed legislation to the Metropolitan Council to provide for the transfer of development rights from historic properties deemed appropriate by the Metropolitan Historic Zoning Commission. The Planning Department staff shall prepare such UDO and transfer of development rights legislation, and plans for incentivizing the construction of work force housing to the Metropolitan Council not later than December 3, 2013.

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

Sponsored by: Burkley Allen, Erica Gilmore, Edith Taylor Langster

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LEGISLATIVE HISTORY

Introduced: July 3, 2012
Passed First Reading: July 3, 2012
Referred to: Planning Commission
Planning & Zoning Committee
Deferred to September 4, 2012: August 7, 2012
Passed Second Reading: September 4, 2012
Substitute Introduced: September 18, 2012
Passed Third Reading: September 18, 2012
Approved: September 19, 2012
By: mayor's signature
Effective: September 24, 2012