§ 17.40.120. Planned unit development (PUD) overlay.

The following provisions apply to all planned unit development (PUD) districts. No zoning permits shall be issued within a PUD district prior to approval of a master development plan according to the procedures of this article and a final site plan according to the procedures of Article V of this chapter.

A.

Master Development Plan. The development and use of all land within a planned unit development (PUD) district shall be in keeping with an approved master development plan and the applicable provisions of its associated zoning district(s).

1.

Application Requirements. A master development plan application shall be submitted by the landowner (or an authorized agent) in form and content established by the planning commission, along with a processing fee assessed according to schedules adopted by the planning commission. Within five business days from receiving a master development plan application, the planning commission shall send written notice to the district councilmember for the district(s) in which the property that would be subject to the master development plan is located as to the substance of the proposed development. The development concept of all land areas encompassed by a proposed master development plan shall be adequately described on scaled drawings and in associated reports. Applications shall define the general form and scope of proposed development in sufficient detail to demonstrate compliance with all development and performance standards of Chapter 17.36, Article II. At a minimum, the master development plan application shall adequately describe:

a.

All land area to be encompassed by the planned unit development district and its associated master development plan;

b.

The general orientation and size of principal structures and associated parking areas; development approaches to be employed to comply with Chapter 15.64, "An Ordinance for Storm Water Management"; landscape and buffer areas required by Chapter 17.24; the location, size and general treatment of environmentally sensitive areas as defined by Chapter 17.28; the general location and size of existing and proposed water mains and sewer trunk lines required to service the development; and general traffic routes (external and internal) to and from the development with major access points identified;

c.

Tabular data sufficient to demonstrate compliance with all applicable provisions of this title, including the range and scope of proposed land uses, densities, floor area ratios or impervious surface ratios as applicable to development type; and land areas devoted to each type of general land use and phase of development;

d.

A proposed development schedule if the project is to be phased; and

e.

A traffic impact study if required by Section 17.20.140; identification of new streets and proposed improvements to existing streets, off-site utility systems or the drainage network considered necessary to support the proposed scope of development, with intended assignments of responsibility for providing those improvements.

2.

Incomplete Applications. If the planning department determines that the application fails to satisfy the minimum requirements of an adopted submittal checklist, the applicant shall be notified in writing within ten working days that the application has been rejected, with the notification stating the reason(s) for rejection.

3.

Written Report. The staff of the planning commission shall review all applications and submit a written report to the planning commission to serve as a basis for action. The report shall adequately describe the location, nature and scope of the proposed master development plan, and the manner in which the plan demonstrates conformance with the development and performance standards of Chapter 17.36, Article II and other applicable provisions of this title.

4.

Planning Commission Action. The planning commission shall act to approve, conditionally approve, or disapprove a complete application. In its recommendation to the council, the planning commission shall provide an assessment of what effects a proposed planned unit development could have on the public school system and any street expected to carry twenty-five percent or more of the projected traffic in either the a.m. or p.m. peaks. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the property owner, the metro clerk, the zoning administrator and all other appropriate governmental departments.

a.

Approval. Approval of a PUD master development plan shall be based on findings that the performance standards of Chapter 17.36, Article II and all other applicable provisions of this title have been satisfied.

b.

Conditional Approval. If the planning commission approves a master development plan subject to conditions, all conditions shall be transmitted in writing to the applicant. The application will not be considered approved until the applicant concurs with all conditions in writing and provides all prescribed amendments to the application.

c.

Disapproval. If the planning commission acts to disapprove a master development plan application, the reasons for that disapproval shall be stated in writing and transmitted to the applicant.

5.

Council Consideration. The metropolitan council shall consider an ordinance establishing a planned unit development (PUD) district and its associated preliminary master development plan according to the procedures of Article III of this chapter (Amendments). Testimony and evidence material to the standards of Chapter 17.36, Article II may be considered by the council in its deliberations.

6.

Recording PUD District. Within sixty days of enactment of an adopting ordinance by the council, all property owners within the PUD district shall record with the register of deeds a boundary plat or suitably comparable document identifying that the affected properties are subject to the provisions of the PUD overlay district.

B.

Final Site Plan. The planning commission shall process, review and act to approve, approve with conditions or disapprove a final site plan application for all properties within a planned unit development district according to the procedures of Article V of this chapter.

C.

Final Approval by Stages. If so reflected on the master development plan, the planning commission may allow the staging of final development. Each phase of development shall adhere to all applicable provisions and standards of this title. If the provision of required infrastructure is to be phased, an implementation schedule and associated cost sharing formula may be required by the planning commission prior to or concurrent with the first phase of development.

D.

Transfer of Ownership. Property may be subdivided in a manner consistent with a master development plan. All subdivision of property shall conform with the subdivision regulations of Nashville and Davidson County.

E.

Common Open Space Maintenance. When provided, common open space shall be maintained subject to the following provisions:

1.

Responsibility. Common open space areas shall be owned and maintained by an incorporated association for the mutual benefit of residents or property owners within the PUD district and shall be adequately described on a recorded plat of subdivision approved by the planning commission. All property owners within the PUD district shall be a member of the association which shall be responsible for the assessment of dues to cover the reoccurring costs of maintaining all common elements. Common open areas may be offered for dedication to the metropolitan government subject to approval by the planning commission and the metropolitan council.

2.

Failure to Maintain. When the failure of an association to properly maintain a common open space results in a public nuisance, the zoning administrator is empowered to initiate appropriate measures to eliminate the nuisance. If public funds are utilized to remove a nuisance and/or maintain common open space, those costs shall be assessed proportionally against all properties within the development in the form of a tax lien. This provision shall not apply to any open space that has been dedicated to and accepted by the metropolitan government.

F.

Changes to a Planned Unit Development District.

1.

Modification of Master Development Plan. Applications to modify a master development plan in whole or in part shall be filed with and considered by the planning commission according to the provisions of subsection A of this section. If approved by the commission, the following types of changes shall require concurrence by the metropolitan council in the manner described:

a.

Land area being added or removed from the planned unit development district shall be approved by the council according to the provisions of Article III of this chapter (Amendments);

b.

Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance shall be authorized by council ordinance;

c.

A change in land use or development type beyond that permitted by the specific underlying zoning district shall be authorized only by council ordinance; or

d.

An increase in the total number of residential dwelling units above the number last authorized by council ordinance or, for a PUD district enacted by council ordinance after September 1, 2006, an increase in the total number of residential dwelling units above the number last authorized by council ordinance or above the number last authorized by the most recent modification or revision by the planning commission; or

e.

When a change in the underlying zoning district is associated with a change in the master development plan, council shall concur with the modified master development plan by ordinance.

e.[f.]

Any modification to a master development plan for a planned unit development or portion thereof that meets the criteria for inactivity of Section 17.40.120.H.4.a.

2.

Changes to a Final Site Plan. Applications to modify a previously approved final site plan shall follow the procedures of Section 17.40.170.

3.

Addition of a Special Exception Use. The addition or relocation of a special exception use otherwise permitted by the underlying base zone district shall be considered by the board of zoning appeals according to the applicable provisions of Chapter 17.16, Article III and Article VII of this chapter and may be approved upon consideration of a recommendation from the planning commission.

4.

Subsequent Change in Zoning District. Following adoption of a PUD district, no subsequent change in zoning district classification shall occur within that PUD without concurrent reapproval of the master development plan by the planning commission and council.

5.

Cancellation of a PUD District. Cancellation of a PUD district may be initiated by the planning commission, the metropolitan council, or a property owner within the PUD district. A PUD district shall be canceled by ordinance according to the provisions of Article III of this chapter.

G.

Status of Earlier Planned Unit Developments (PUDs). The following provisions shall apply to a planned unit development (PUD) approved under the authority of a previous Zoning Code and remaining a part of the official zoning map upon the enactment of this title.

1.

The planned unit development (PUD) shall be recognized by this title according to the master development plan and its associated conditions specified in the PUD ordinance last approved by the metropolitan council prior to the effective date of the ordinance codified in this title.

2.

The planning commission may consider and approve minor modifications to a previously approved planned unit development subject to the following limitations. All other modifications shall be considered by the planning commission as an amendment to the previously approved planned unit development and shall be referred back to the council for approval according to the procedures of Section 17.40.120(A)(5). That portion of a planned unit development master plan being amended by the council shall adhere to all provisions of this code:

a.

In the judgment of the commission, the change does not alter the basic development concept of the PUD;

b.

The boundary of the planned unit development overlay district is not expanded;

c.

There is no change in general PUD classification (e.g. residential to any classification of commercial or industrial PUD; any change in general classification of a commercial PUD; or any change in general classification of an industrial PUD);

d.

There is no deviation from special performance criteria, design standards, or other specific requirements made part of the enacting ordinance by the council;

e.

There is no introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access;

f.

There is no increase in the total number of residential dwelling units originally authorized by the enacting ordinance;

g.

There is no change from a PUD approved exclusively for single-family units to another residential structure type;

h.

The total floor area of a commercial or industrial classification of PUD shall not be increased more than ten percent beyond the total floor area last approved by the council;

i.

If originally limited to office activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

j.

If originally limited to office, retail and other general commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to include industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

k.

If originally limited to commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

l.

In the determination of the commission, the nature of the change will have no greater adverse impact on those environmentally sensitive features identified in Chapter 17.28 of this code than would have occurred had the development proceeded in conformance with the previous approval.

m.

In the judgment of the commission, the planned unit development or portion thereof to be modified does not meet the criteria for inactivity of Section 17.40.120.H.4.a.

3.

Application of Code Standards.

a.

Where modifications to a previously approved planned unit development are deemed to be minor, as determined under subsection (G)(2)(a) through (k) of this section, the parking and loading standards of Chapter 17.20, and the landscaping standards of Chapter 17.24 shall apply to all new development commencing under building permits issued after the effective date the ordinance codified in this chapter. All other chapters shall be applicable to the extent not inconsistent with the terms and conditions of the previously approved planned unit development.

b.

Where modifications to a previously approved planned unit development are not deemed to be minor, as determined under subsection (G)(2)(a) through (k) of this section, all chapters of this code shall be applicable. Notwithstanding the foregoing, when legislation modifying the planned unit development is approved by the metropolitan council that expressly includes provisions that are not consistent with the chapters of this code, such express provisions shall govern however, the removal of any building, fire and life safety codes adopted by the metropolitan government shall be prohibited.

H.

Periodic Review of Planned Unit Developments.

1.

Authorization to Review. The metropolitan planning commission is authorized to review any planned unit development overlay district (PUD), 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, amend or cancel the PUD and make conforming changes to the base zoning if necessary.

2.

Initiation. Review of a PUD 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 PUD overlay 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 PUD is located, to the zoning administrator, and to the owner(s) of property in the portion of the PUD overlay district 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 PUD or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve, amend or cancel the PUD and make conforming changes to the base zoning district if necessary.

a.

Determination of Inactivity. To determine that a PUD or portion thereof is inactive, the planning commission shall establish each of the findings i. through iii. below. 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.

i.

Six or more years have elapsed since the latter of

(1)

The effective date of the initial enacting ordinance of the PUD,

(2)

The effective date of any ordinance approving an amendment to the PUD,

(3)

The effective date of any ordinance re-approving or amending a PUD 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 PUD 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 PUD 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 PUD approval.

b.

Recommendation to Metropolitan Council. If the planning commission determines that the PUD or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve, amend, or cancel the PUD, or portion thereof that is determined to be inactive, including conforming changes to the base zoning district if necessary. In recommending legislation, the planning commission shall:

i.

Determine whether the existing PUD 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, amend, or cancel the existing overlay district, including as required:

(a)

The appropriate base zoning district(s), if different from current base zoning, to retain and implement the PUD overlay district as it exists.

(b)

Any amendment(s) to the inactive PUD's master development plan and base zoning district(s) to reflect existing conditions and circumstances, including the land use policies of the general plan and the zoning of properties in the area.

(c)

Base zoning district(s) consistent with the adopted general plan, should the PUD overlay district be recommended for cancellation.

Failure of the planning commission to act within 90 days from the initiation of a review shall be considered a recommendation to re-approve by ordinance the existing PUD overlay district without alteration.

c.

When Inactivity Not Established. If the planning commission determines that the PUD or portion thereof under review does not meet the criteria of Section 17.40.120.H.4.a for inactivity, the PUD review is concluded, the limitations of subsection 5 are terminated, and a re-review of the PUD 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 PUD master plan and apply the appropriate base zoning district(s), if different from current base zoning,

b.

Amend the PUD master plan, or

c.

Cancel the PUD overlay district, including any change(s) to the underlying base zoning district.

d.

Decline to take action by ordinance. If the metropolitan council does not act to re-approve, amend, or cancel the PUD within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the master development plan last approved by the metropolitan council, or subsequently revised by the planning commission.

5.

No planned unit development application, grading permit, nor any building permit for new building construction shall be submitted, reviewed or issued within the PUD overlay district or portion thereof for which a review has been initiated until the earlier of:

a.

The metropolitan council's final action to re-approve, amend or cancel the PUD overlay district, 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.

(Ord. BL2016-266 § 1, 2016; Amdt. 1 to Ord. BL2012-264 § 1, 2013; Ord. BL2012-264 § 1, 2013; Ord. BL2007-1367 §§ 1—3, 2007; Amdts. 1, 2 to Ord. BL2006-1051 § 1, 2006; Ord. BL2006-1051 § 1, 2006; Ord. BL2005-553 § 1, 2005; Ord. BL99-117 § 1 (part), 2000; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; § 4(2) of Amdt. 1 with Ord. 96-555 § 10.4(B), 1997)