ORDINANCE NO. BL2016-265

An Ordinance amending Section 17.40.120 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the determination of inactivity of a planned unit development, all of which is more particularly described herein (Proposal No. 2016Z-011TX-001).

WHEREAS, Subsection 17.40.120.H.3.a of the Metropolitan Code of Laws provides for the review of a Planned Unit Development (PUD) to determine whether it should be classified as inactive; and

WHEREAS, in determining that a PUD is inactive, Subsection 17.40.120.H.3.a requires that the Planning Commission establish various findings, including (i) whether six or more years has elapsed since the initial enactment, amendment to, or re-approval of the PUD ordinance; (ii) whether construction has begun; and (iii) whether right-of-way acquisition or construction of off-site improvements has begun; and

WHEREAS, in addition to these objective findings, however, subsection 17.40.120.H.3.a further allows the Planning Commission to consider the “aggregate of actions” taken by a PUD owner within the previous twelve (12) months; and

WHEREAS, the term “aggregate of actions” is not defined within the Metropolitan Code and, as a result, creates a vague standard for determination of PUD activity.

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

Section 1. That Chapter 17.40 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 by deleting the following provision from subsection H.3.a:

“The planning commission may also take into consideration the aggregate of actions, if any, taken by the owner of the PUD within the prior 12 months to develop the portion of the PUD under review.”

Section 2. 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: Mina Johnson, Jacobia Dowell, Karen Johnson, Bob Mendes, Tanaka Vercher