RESOLUTION NO. RS2014-1330

A resolution establishing the requirements of the Metropolitan Government of Nashville and Davidson County by which landowners may exercise the rights established by the Vested Property Rights Act of 2014.

WHEREAS, on April 2, 2014, the General Assembly of the State of Tennessee enacted, and on April 15, 2014 the Governor approved the Vested Property Rights Act of 2014 (the “Act”) amending Tennessee Code Annotated, Section 13-4-310 and Section 13-3-413; and

WHEREAS, the purpose of the Act is to provide for the establishment of certain vested property rights in order to ensure reasonable certainty, stability, and fairness in the land development process, secure the reasonable expectations of landowners, and foster cooperation between the public and private sectors in the area of land-use planning and development; and

WHEREAS, the Act preserves the prerogatives and authority of local elected officials with respect to land-use matters; and

WHEREAS, the Act authorizes local governments, by ordinance or resolution, to identify the type or types of development plans within the local government’s jurisdiction that will cause property rights to vest consistent with the Act; and

WHEREAS, for purposes of local government adoption of a vested property rights ordinance or resolution, the Act took effect upon becoming law; and

WHEREAS, for all other purposes, the Act will take effect on January 1, 2015; and

WHEREAS, The Metropolitan Government of Nashville and Davidson County finds and declares that it is necessary and desirable to establish requirements that define the rights of landowners under the Act.

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

Section 1. The following types of applications shall be considered a Preliminary Development Plan under the Act:

(A) Subdivision Concept Plan or Preliminary Plat
(B) Rezoning or Overlay District with an accompanying plan that meets the Preliminary Development Plan application requirements.

Section 2. A Preliminary Development Plan application shall include a plan that depicts proposed land uses, density and intensity of development, public utilities, road networks, general location of off-street parking, building location, number of buildable lots, emergency access, open space, and other environmentally sensitive areas such as lakes, streams, hillsides, and view sheds.

Section 3. A Preliminary Development Plan shall be approved by the enactment of an ordinance or adoption of minutes of the Planning Commission.

Section 4. The following types of applications shall be considered a Final Development Plan under the Act:

(A) Subdivision Development Plan or Final Site Plan
(B) Final Plat
(C) Final Site Plan required by Section 17.40.170

Section 5. A Final Development Plan application shall include the boundaries of the site; significant topographical and other natural features affecting development of the site; the location on the site of the proposed buildings, structures and other improvements; the dimensions, including height, of the proposed buildings and other structures or a building envelope; and the location of all existing and proposed infrastructure on the site, including water, sewer, stormwater, roads, and pedestrian walkways.

Section 6. A Final Development Plan shall be approved by the adoption of minutes of the Planning Commission or administrative approval by the Planning Department or Zoning Administrator.

Section 7. The following applications shall be considered an exploratory application:
(A) Rezoning or Overlay District without an accompanying Preliminary Development Plan of Final Development Plan, including a set of regulatory standards.

Section 8. An exploratory application is text that delineates, but does not depict, uses, density and intensity of development, number of buildable lots and an affidavit from the applicant expressing an understanding that property rights do not vest with an exploratory application. An exploratory application may also include other development standards.

Section 9. The planning department and zoning administrator shall determine whether property rights have vested or have terminated in accordance with these provisions.

Section 10. Should the Planning Department determine that a development has not vested or that vested property rights have terminated, the applicant asserting that property rights have vested or remain vested may appeal the decision of the Planning Department to the Planning Commission. The Planning Commission shall promulgate rules for the appeal process.

Section 11. Should the Zoning Administrator determine that a development has not vested or that vested property rights have terminated, the applicant asserting that property rights have vested or remain vested may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals. The Board of Zoning Appeals shall promulgate rules for the appeal process.

Section 12. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Anthony Davis

LEGISLATIVE HISTORY
Referred to:	Planning & Zoning Committee
Introduced:	December 16, 2014
Adopted:	December 16, 2014
Approved:	December 17, 2014
By: