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An ordinance amending Title 17.37 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to update the Downtown Code’s Bonus Height Program (BHP) and Outdoor Space general standards, and to make other minor housekeeping amendments, all of which is described herein (Proposal No. 2023Z-003TX-001).
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WHEREAS, The Council of The Metropolitan Government of Nashville and Davidson County adopted the Downtown Code (DTC) on February 2, 2010; and
WHEREAS, The Metropolitan Government recognizes the importance of updating, clarifying, and refining the Downtown Code (DTC) standards to encourage high quality, sustainable urban development; and
WHEREAS, the DTC standards provide opportunities for businesses to thrive, while enhancing the character of Downtown through mixed-use development, housing choices, and commercial and entertainment opportunities; and
WHEREAS, the refinement of the DTC standards will continue to ensure a quality urban experience for the citizens and businesses of Metropolitan Nashville and Davidson County; and
WHEREAS, the DTC requires updates from time-to-time as Downtown continues to grow and evolve as a collection of neighborhoods; and
WHEREAS, the updated Bonus Height Program (BHP) better aligns incentives with current public and private needs, with an emphasis on sustainability, historic preservation, and active transportation; and
WHEREAS, the Downtown Market Study and stakeholder feedback supports the proposed changes, including an increased focus on higher-quality public benefits and updated regulations to reflect current priorities; and
WHEREAS, the proposed amendments reflect a comprehensive two-year effort of public engagement, internal and external analysis, and coordination with various stakeholders, including the development and design communities.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.37 of the Metropolitan Code of Laws is hereby amended by replacing the Open Space and Bonus Height Program subsections of the DTC with Appendix A.
Section 2. To allow for DTC development proposals currently in later design phases to advance as planned, projects shall be able to utilize either the 2010 BHP (as was in effect prior to the effective date of this ordinance) or the 2025 BHP (as amended by the passage of this ordinance) for a period of one year, following the effective date of this ordinance, subject to the following:
• This choice shall not be construed as a right in perpetuity to not conform with any future alterations to the DTC.
• Projects proposing to use the 2010 BHP shall submit for Concept Plan approval within six months of the effective date, and the project shall certify its bonus height with the Planning Commission within one year of the effective date.
• Projects that have earned and certified transferrable entitlements pursuant to the 2010 BHP shall be permitted to retain, use, and transfer those entitlements, provided, however, that projects that have certified bonus height under the 2010 BHP but have not constructed during the development vesting periods provided by state statute (and as provided for by the Metropolitan Government in RS2014-1330), such projects shall forfeit any entitlements earned, including transferrable entitlements. If those projects do subsequently proceed, they will need to apply for bonus height again under the 2025 BHP, or under the 2010 BHP if they meet the grace period deadlines described above.
• Mixing and matching between the 2010 BHP and 2025 BHP is not allowed, including, but not limited to, mixing individual bonus options, and utilizing any changes in the bonus height maximums for the property.
Section 3. The Metropolitan Clerk is directed to publish a notice announcing the change in a newspaper of general circulation within five days following final passage.