SUBSTITUTE ORDINANCE NO. BL2007-36

A request to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend the requirements that allow the floor area of parking garage liner buildings fronting a public street or public space to be exempt from the calculation of floor area ratio by establishing different requirements for residential and non-residential uses (Proposal No. 2007Z-169T).

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

Section 1. That Chapter 17.12 of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.12.070 “Special Floor areas ratio (FAR) provisions” by deleting subsection F. in its entirety and substituting in lieu thereof the following new subsection F.:

“F. Parking Garage Liner Buildings. Within the CC, CF, ORI, and all mixed-use districts, parking garages fronting a public street or public space may be masked by a liner building that is a minimum of 20 feet deep. The floor area of any liner building shall be excluded from the calculation of the floor area ratio, provided the following requirements are satisfied:
1. The first 20 feet of depth of the liner building shall be occupied by office, residential, or other non-parking commercial uses.
2. For non-residential uses on the first floor, a minimum of 40 percent of the front façade of the first floor shall be clear or lightly tinted windows and doors. The first floor transparent glazing area calculation shall be measured from the finished grade at the setback to the finished floor elevation of the second floor, or to a height of 16 feet, whichever is less. Upper floors, regardless of use, shall have a minimum of 25 percent of glazing to be eligible for square footage calculation exemption.
3. For residential uses on the first floor, a minimum of 20 percent of the front facade of the first floor shall be openings. Openings shall be clear or lightly tinted windows or main entrance doors. The first floor opening area calculation shall be measured from the finished floor elevation of the first floor to the finished floor elevation of the second floor, or to a height of 12 feet, whichever is less. Upper residential floors shall have a minimum of 25 percent glazing to be eligible for square footage calculation exemption. Residential uses on the first floor shall have a minimum finished floor elevation one and one half feet above the finished grade at the setback.

The provisions of this subsection shall be enforced pursuant to the final site plan review procedures in Section 17.40.170.”

Section 2. By amending Section 17.40.170. “Final Site Plan” by deleting the first sentence of subsection b. and substituting in lieu thereof the following new first sentence:

B. Final Approval by the Planning Commission. Planning Commission approval shall be required for a final site plan within a planned unit development (PUD) district, an urban design overlay district, a specific plan (SP) district, an institutional overlay district, or a parking garage liner building floor area ratio exemption.

Section 3. That this ordinance 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: Mike Jameson

LEGISLATIVE HISTORY

Introduced: October 2, 2007
Passed First Reading: October 2, 2007
Referred to: Planning Commission - Approved 10-0
(October 25, 2007)
Planning & Zoning Committee
Passed Second Reading: November 6, 2007
Deferred: November 20, 2007
Substitute Introduced: December 4, 2007
Passed Third Reading: December 4, 2007
Approved: December 10, 2007
By:
Effective: December 12, 2007