SUBSTITUTE ORDINANCE NO. BL2009-561

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

Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By changing from R15 and RS20 to SP zoning for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to convert the existing residence into a regional tourist attraction known as "The Mansion at Fontanel" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, and museum, as being Property Parcel Nos. 140, 200.01, 319 as designated on Map 049-00 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet No. 049 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. Be it further enacted, that this SP shall be limited to those uses described on the preliminary SP plan.

Section 4. Be it further enacted, that a corrected copy of the preliminary SP plan incorporating the
conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to the filing of any additional development applications for this property, and in any event no later than 120 days after the effective date of the enacting ordinance. The corrected copy provided to the Planning Department shall include printed copy of the preliminary SP plan and a single PDF that contains the plan and all related SP documents. The corrected copy of the preliminary SP shall include:

1. The following notes shall be added to the plan:
a. Alcoholic beverages served in the full service restaurant along Whites Creek Pike shall be limited to beer and wine only.
b. Any new buildings to be located on slopes between 20 and 25 percent, shall be reviewed and approved by Planning staff using the process for any buildings proposed for Critical Lots as defined in the Subdivision Regulations.
c. The location, size, and design of the stable building proposed for Phase II shall be reviewed and approved by Planning staff and may require Planning Commission or Council approval.
d. Final stage orientation shall be reviewed and approved by Planning staff.
e. Landscaping, reviewed and approved by Planning staff, shall be incorporated into the stage vicinity to reduce sound to the sides and rear of the stage.

2. “Associated Liquor Storage” shall be removed as a permitted use.

3. The definition of “Seasonal Performance Entertainment Venue” shall be revised to include:
a. One event per month between May and October.
b. Two floating events to be held between May and October with no more than two events per month.
c. No event shall last more than one day and the maximum number of days for events between May and October shall not exceed eight.
d. Events shall be limited to Friday, Saturday or Sunday and shall end by 10:30pm
e. A stage shell shall be provided.
f. Decibel level output shall be limited to 96db at the soundboard location for the stage.

Section 5. Be if further enacted, that, if a corrected copy of the SP plan incorporating the conditions therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the SP plan shall be presented to the Metro Council as an amendment to this SP ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 6. Be it further enacted, that the surface parking area for the daily visitors and patrons of the mansion shall be constructed no later than one year after the Council approval of the SP, or prior to the issuance of permits for any portion of Phase II, whichever comes first.

Section 7. Be it further enacted, that all Public Works conditions related to the access drives, driveway, bridge, special event traffic management, reporting, and number of parking spaces shall be met.

Section 8. Be it further enacted, that minor modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, add uses not otherwise permitted, eliminate specific conditions or requirements contained in the plan as adopted through this enacting ordinance, or add vehicular access points not currently present or approved in the plan that is part of this ordinance.

Section 9. Be it further enacted, that for any development standards, regulations and requirements not specifically shown on the SP plan and/or included as a condition of Commission or Council approval, the property shall be subject to the standards, regulations and requirements of the CN zoning district as of the date of the applicable request or application.

Section 10. Be it further enacted, 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: Walter Hunt

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LEGISLATIVE HISTORY
Introduced:	October 6, 2009
Passed First Reading:	October 6, 2009
Referred to:	Planning Commission - Approved 7-0 October 22, 2009 Planning & Zoning Committee
Passed Second Reading:	November 3, 2009
Substitute Introduced:	November 17, 2009
Passed Third Reading:	November 17, 2009
Approved:	November 19, 2009
By:
Effective:	November 23, 2009