ORDINANCE NO. BL2017-721

An ordinance amending Section 17.20.140 of the Metropolitan Code of Laws, Zoning Code, pertaining to Traffic Impact Studies (Proposal No. 2017Z-014TX-001).

WHEREAS, the Metropolitan Government requires traffic impact studies to offset the additional traffic generated by a proposed level of development; and

WHEREAS, the Metropolitan Council deferred amendments to Title 17, the Zoning Code, contained in Ordinance BL2016-155 on April 5, 2016, to further study with the Planning Department and Public Works a way to improve traffic impact studies; and

WHEREAS, private sector developments often contribute to improvements of Nashville’s transportation network; and

WHEREAS, Nashville continues to grow with development that strains its multimodal transportation infrastructure.

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

Section 1. That Section 17.20.140 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting in its entirety and substituting in lieu thereof the following:

The purpose of a traffic impact study shall be to identify what improvements, if any, are necessary to offset the additional traffic generated by a proposed level of development. Such improvements might include the provision of traffic signals, turning lanes or road widenings.

A. Requirements for a Traffic Impact Study. A traffic impact study shall be required by the Planning Department for applications to the Metropolitan Planning Commission or Traffic Engineer for all other development which contains:

1. Residential developments with more than seventy-five (75) dwelling units;

2. Nonresidential developments of more than fifty thousand (50,000) square feet; or

3. Combinations of residential and nonresidential uses expected to generate seven hundred fifty (750) vehicle trips or more per day, or one hundred (100) or more peak-hour trips;

4. Or in the opinion of the Traffic Engineer or the Planning Department a traffic impact study is needed for developments that are not required in this Section.

B. Levels of Traffic Impact Study Required.

1. Traffic Access Study
A Traffic Access Study is required for smaller scale projects that are not anticipated to have a significant impact on the overall transportation system but will have impacts at the site access. A Traffic Access Study shall be required in cases where the proposed development will create a through connection between collector roadways and/or roadways of greater functional classification. The project access points to public roadways, private driveways, and joint access easements will be evaluated, and this includes those locations that the Planning Department or Traffic Engineer feels are necessary to provide for an adequate review of the proposed project’s impact.

2. Traffic Impact Analysis
A Traffic Impact Analysis evaluates impacts at site access points and appropriate nearby intersections. The study parameters include an analysis of the project’s access points, an analysis of all roadways serving the project, an analysis of all intersections up to the first collector roadway or the first roadway of higher functional classification, and the intersections of these roadways with arterial roadways. This includes those intersections that the Planning Department and Traffic Engineer feel are necessary to provide for an adequate review of the proposed project’s impacts.

3. Rezoning Analysis
The purpose of a Rezoning Analysis is to analyze the capacity of the existing transportation system to accommodate potential new development in the absence of mitigation measures. This is done by comparing the typical and maximum potential trip generation of representative uses permitted in the existing zoning with the typical and maximum representative uses permitted under the requested zoning or through design-based districts. Completing a Rezoning Analysis does not preclude the need to complete a more thorough traffic study upon submission of development plans for the subject property(s) and/or requests for the issuance of permits for construction. Specific mitigation measures will be identified through the detailed traffic study process.

C. Phased Development. If a development is phased, the sequence and timing of a development shall be incorporated into the traffic impact study. An overall traffic impact study may be required with additional traffic impact studies for a specific phase. Completing a traffic impact study for one phase of development does not preclude the need to complete additional traffic impact studies upon submission of development plans for the subject property(s) and/or requests for the issuance of permits for construction.

D. Waiver of a Traffic Impact Study. A property owner or their representative who demonstrates that a development will not have a significant impact on the transportation system may request a waiver of a traffic impact study.

1. A request to waive a traffic impact study shall be made by a property owner or their representative in writing to the Traffic Engineer, and for applications to the Planning Commission, the Planning Department. Sufficient documentation shall be included that supports the waiver request.

2. A copy of the request to waive a traffic impact study shall concurrently be sent by the property owner or their representative to the member(s) of the Metropolitan Council in whose district(s) the development is located.

3. The Traffic Engineer will make a decision on the waiver request within 15 business days, and for applications to the Planning Commission, will consider a recommendation from the Planning Department.

E. Approval of Traffic Impact Study.

1. The Traffic Engineer may not sign off on permits or the Planning Department may recommend deferral as a staff recommendation to the Planning Commission for traffic impact studies that do not allow for ten (10) business days to review the study and its recommendations.

2. The traffic impact study shall be approved by the Traffic Engineer and, for applications to the Planning Commission, the Planning Department, with all applicable performance requirements incorporated into any site and building plans.

F. Implementation of a Traffic Impact Study. The traffic impact study may take into account the Capital Improvements Budget and may rely on improvements for which Council has adopted a resolution appropriating funds. Any required traffic improvements which have not been funded or otherwise completed by the Metropolitan Government shall be completed by the developer prior to the issuance of a Use and Occupancy Permit by the Zoning Administrator. When it can be demonstrated that a development will only partially contribute to the need for additional off-site improvements, the Traffic Engineer or Planning Department (as applicable) may require a pro-rata contribution.

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: Sheri Weiner, Larry Hagar, Brett Withers, Jacobia Dowell

LEGISLATIVE HISTORY
Introduced:	May 2, 2017
Passed First Reading:	May 2, 2017
Referred to:	Planning Commission - Approved (6-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	July 6, 2017
Passed Second Reading:	July 6, 2017
Passed Third Reading:	July 18, 2017
Approved:	July 24, 2017
By:
Effective:	July 29, 2017