ORDINANCE NO. BL2015-14

ORDINANCE NO. BL2015-14

An Ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, establishing “asphalt plant” and “concrete plant” as uses permitted with conditions in the IG zoning district and adding conditions applicable to these uses, all of which is more particularly described herein (Proposal No. 2015Z-017TX-001).

WHEREAS, asphalt plants and concrete plants can pose environmental and health concerns to the community, including the release of fumes and particulate matter that can cause respiratory problems when such facilities are located in close proximity to residential and recreation areas; and

WHEREAS, the Metropolitan Council deems it necessary for the protection of the public health, safety, and welfare that there be certain restrictions on the location and operation of asphalt and concrete plants in the IG zoning district.

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

Section 1. That Section 17.04.060, Definitions of General Terms, is hereby amended as follows:

1. By amending the definition of “manufacturing, heavy” by deleting the phrase “concrete batch plants; concrete, tile, or brick manufacturing” and substituting with the phrase “tile or brick manufacturing”.

2. By adding the following new definitions for “asphalt plant” and “concrete plant”:

“Asphalt plant” means the manufacturing asphalt-type roofing materials, asphalt and tar paving mixtures, paving block made of asphalt and various compositions of asphalt or tar with other materials, and the recycling of old asphalt into asphalt-type material. This use also includes the stockpiling of bulk materials required for the process and the storage of the required equipment use in the operation.

“Concrete plant” means the production of concrete that uses a manufacturing process involving the mixing of a number of aggregates, sand, water, cement, and/or other components. This use also includes the stockpiling of bulk materials required for the process and the storage of the required equipment use in the operation.

Section 2. That Section 17.08.030, District Land Use Tables, is hereby amended by designating “asphalt plant” and “concrete plant” as uses permitted with conditions (PC) in the IG zoning district.

Section 3. That Section 17.16.130, Other Uses, is hereby amended by adding the following new subsections D and E.:

D. Asphalt Plant.
1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street.
2. Setback. No asphalt plant activity shall occur within 1,250 feet of a residential structure or within 2,000 feet of the property line of a park or community education facility.
3. Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment shall be completely enclosed by fencing.
4. Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.
E. Concrete Plant.
1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street.
2. Setback. No concrete plant activity shall occur within 1,000 feet of a residential structure or within 2,000 feet of the property line of a park.
3. Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment shall be completely enclosed by fencing.
4. Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.

Section 4. Be it further enacted that this Ordinance shall 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: Larry Hagar, DeCosta Hastings, Karen Johnson, Kevin Rhoten, Jeff Syracuse

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2015-14

Mr. President:
I move to amend Ordinance No. BL2015-14 as follows:
I. By amending Section 3 by deleting subsections D.1 and D.2 in their entirety and replacing with the following subsections D.1 and D.2:

1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.
2. Setback. No asphalt plant activity shall occur within 1,250 feet of a residential structure or within 2,000 feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

II. By amending Section 3 by deleting subsections E.1 and E.2 in their entirety and replacing with the following subsections E.1 and E.2:

1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.
2. Setback. No concrete plant activity shall occur within 1,000 feet of a residential structure or within 2,000 feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

LEGISLATIVE HISTORY
Introduced:	October 6, 2015
Passed First Reading:	October 6, 2015
Referred to:	Planning Commission - Approved with Amendments (6-0) Planning & Zoning Committee
Amended:	November 3, 2015
Passed Second Reading:	November 3, 2015
Passed Third Reading:	November 17, 2015
Approved:	November 18, 2015
By:
Effective:	November 20, 2015