ORDINANCE NO. BL2013-516

ORDINANCE NO. BL2013-516

A request to amend Sections 17.40.105 and 17.40.106 of the Metropolitan Zoning Code pertaining to Specific Plan Districts (Proposal No. 2013Z-011TX-001).

WHEREAS, the specific plan zoning district was originally created to be “site specific”;

WHEREAS, the community has shown a desire for specific plan zoning to apply to larger areas of multiple parcels;

WHEREAS, it is desirable to permit flexible design for individual sites and larger areas to achieve consistency with the general plan, including the location, integration and arrangement of land uses, buildings, structures, utilities, access, transit, parking, and streets;

WHEREAS, flexible design can be achieved through conceptual site plans or regulatory plans;

WHEREAS, the specific plan review process should be consistent with the planned unit development review process; and

WHEREAS, the specific plan zoning district will continue to be context sensitive, promote variety, and result in high-quality development that respects the unique character and charm of abutting neighborhoods and the larger community.

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

SECTION 1. That Section 17.40.105 (Specific plan—Purpose and intent) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.105:
The specific plan (SP) district is an alternative zoning process that may permit any land uses, mixture of land uses, and alternative development standards, of an individual property or larger area, to achieve consistency with the general plan. In return, a SP district requires the specific plan to be designed such that, at a minimum, the location, integration and arrangement of land uses, buildings, structures, utilities, access, transit, parking, and streets collectively avoid monotony, promote variety, and yield a context sensitive development. The specific plan must comply with the building, fire and life safety codes adopted by the metropolitan government.

SECTION 2. That Section 17.40.106.A (Pre-application conference) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.106.A:
A. Pre-application conference. Prior to the submittal of a rezoning application for the SP district, applicants are encouraged to meet with the executive director of the planning department or designee for guidance on the proposed development plan and its consistency with the principles and objectives of the general plan.

SECTION 3. That Section 17.40.106.B (Application submittal) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.106.B:
B. Application submittal. An application shall be submitted by the property owner, the metropolitan planning commission, or a member of the metropolitan council and shall be accompanied by a development plan in a form and content established by the planning commission, along with all applicable processing fees. The development plan shall consist of written text, exhibits, and plans in a report format that describes existing conditions, the purpose and intent of the SP, the plan's consistency with the principles and objectives of the general plan, a list of allowable land uses, height and size of proposed building types, and development standards and either a conceptual site plan or a regulatory plan for the development. All items must be submitted, at the time of application, for the rezoning application to be deemed complete for review. Any omission of a required submittal item shall be identified, and its reason for omission explained in the development plan, including any application submittal waivers granted by the executive director of the planning department or designee.

SECTION 4. That Section 17.40.106.G (Final site plan) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.106.G:
G. Final site plan. All final site plans shall conform to the SP development plan, and shall be submitted in conformance with Section 17.40.170.B of this title. Approval shall be based on a finding that the final site plan conforms to the approved development plan. Where the development plan approved by the metropolitan council is of such detail for a specific land use, phase, or area of development that the submittal of a final site plan would essentially duplicate the applicable portion of the approved development plan, the executive director of the planning department or designee may waive the submittal of a final site plan. In such cases, an applicant shall proceed to the Codes Department and apply for all required construction permits.

SECTION 5. That Section 17.40.106.H (Development approvals and permits) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.106.H:
H. Development approvals and permits. Approval of a SP district does not relieve a property owner of any subdivision plat, final site plan, building permit, or other metro department reviews and approvals. Except as specifically provided for in the individual SP ordinance, all development shall be undertaken in conformance with adopted departmental rules and procedures. Where specific amendments to departmental rules and procedures have been included in the adopted SP ordinance, all reviews and permits shall only be issued in conformance with the provisions of the approved SP development plan; however, no rule or procedure amendment shall be implemented if it would vacate or violate any federal or state requirement and all applications must fully comply with Chapter 15.64, "An Ordinance for Stormwater Management" as well as the adopted subdivision regulations.

SECTION 6. That Section 17.40.106.I (Review of a development plan) is hereby amended by deleting it in its entirety and replacing it with the following new Section 17.40.106.I:
I. Review of a development plan.
1. Authorization to Review. The metropolitan planning commission is authorized to review any SP, or portion thereof, to determine whether development activity has occurred within six years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with subsection 4.a. of this section, to recommend legislation to the council to re-approve or amend the SP or rezone the property.
2. Initiation. Review of a SP or portion thereof to determine inactivity may be initiated by the metropolitan planning commission
a. On its own initiative,
b. By written request of a member of the metropolitan council, or
c. By written request of a property owner within the area of the SP requested for review.
d. Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the SP is located, to the zoning administrator, and to the owner(s) of property in the portion of the SP to be reviewed.
3. Metropolitan Planning Commission Procedure. Within 90 days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the SP or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve or amend the SP or rezone the property.
a. Determination of Inactivity. To determine that a SP or portion thereof is inactive, the planning commission shall establish each of the findings below. The planning commission may also take into consideration the aggregate of actions, if any, taken within the prior 12 months to develop the portion of the SP under review.
i. Six or more years have elapsed since the latter of
(1) The effective date of the initial enacting ordinance of the SP,
(2) The effective date of any ordinance approving an amendment to the SP,
(3) The effective date of any ordinance re-approving or amending a SP after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or
(4) The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and
ii. Construction has not begun on the portion of the SP under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the SP under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and
iii. Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the SP approval.
b. Recommendation to Metropolitan Council. If the planning commission determines that the SP or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve or amend the SP or rezone the property, or portion thereof that is determined to be inactive. In recommending legislation, the planning commission shall:
i. Determine whether the existing SP is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the metropolitan government.
ii. Recommend legislation to re-approve or amend the SP or rezone the property, including as required:
(1) The appropriateness of the continued implementation of the development plan or phase(s) as adopted, based on current conditions and circumstances; and
(2) Any recommendation to amend the development plan or individual phase(s) to properly reflect existing conditions and circumstances, and the appropriate base zoning classification(s) should the SP district be removed, in whole or in part, from the property.
c. When Inactivity Is Not Established. If the planning commission determines that the SP or portion thereof under review does not meet the criteria of Section 17.40.106.I.3.a for inactivity, the SP review is concluded, the limitations of subsection 5 are terminated, and a re-review of the SP shall not be initiated in the manner of subsection 2 of this section for 12 months following the commission's determination.
4. Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:
a. Re-approve the existing SP,
b. Amend the SP, or
c. Rezone the property.
d. Decline to take action by ordinance. If the metropolitan council does not act to re-approve or amend the SP or rezone the property within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the development plan last approved by the metropolitan council, or subsequently revised by the planning commission.
5. No grading permit nor any building permit for new building construction shall be issued within the SP or portion thereof for which a review has been initiated until the earlier of:
a. The metropolitan council's final action to re-approve or amend the SP or rezone the property, or
b. Six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.

SECTION 7. 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.

LEGISLATIVE HISTORY
Introduced:	August 6, 2013
Passed First Reading:	August 6, 2013
Referred to:	Planning Commission - Approved 9-0 Planning & Zoning Committee
Passed Second Reading:	September 10, 2013
Amended:	September 17, 2013
Passed Third Reading:	September 17, 2013
Approved:	September 18, 2013
By:
Effective:	September 20, 2013