LEGISLATIVE HISTORY
(October 28, 2010)
Planning & Zoning Committee
ORDINANCE NO. BL2010-780
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the SP District (adopted with Council Bill BL2009-561) for the previously approved Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to amend the allowed capacity of the Seasonal Performance Entertainment Venue from 2,500 to 4,500 persons, to amend the event season from May 1-October 31 to April 1-November 30, to amend the maximum number of events from eight (one per month with two floating dates) to fourteen (one per month with six floating dates ) with no more than two per month, and to allow unimproved seasonal parking on the east side of Whites Creek, all of which is described herein (Proposal No. 2009SP-022-003).
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 amending the SP District (adopted with Council Bill BL2009-561) for the previously approved Mansion at Fontanel Specific Plan District for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to amend the allowed capacity of the Seasonal Performance Entertainment Venue from 2,500 to 4,500 persons, to amend the event season from May 1-October 31 to April 1-November 30, to amend the maximum number of events from eight (one per month with two floating dates) to fourteen (one per month with six floating dates ) with no more than two per month, and to allow unimproved seasonal parking on the east side of Whites Creek, as being Property Parcel Nos. 140, 200, 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 attached sketch, which is attached to 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 Map 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, a final corrected copy of the amended 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. If a final 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 final corrected copy of the SP plan shall be presented to the Metro Council as a new amendment to this SP prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.
Section 4. 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 5. 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
AMENDMENT NO. 1
TO
ORDINANCE NO. BL2010-780
Madam President:
I move to amend Ordinance No. BL2010-780 by modifying it as follows:
By adding the following new Section 3 and renumbering the following sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. All conditions of the SP adopted with Council Bill BL2009-561 not changed with this amendment shall remain.
2. The developer's final construction drawings shall comply with the design regulations established by the Department of Public Works. Final design may vary based on field conditions.
3. The applicant shall comply with all previous traffic conditions including those associated with the original SP approval, as well as the Phase II Final SP approval.
4. Within one year of approval of this proposed Amendment, the applicant shall submit a traffic letter/report along with supporting documentation completed by the applicant's traffic engineer to Metro Public Works for review and approval. The study shall describe and evaluate the operation of this development during large events, including the operation of the intersection of Whites Creek Pike and Old Hickory Boulevard and the intersection of Whites Creek Pike and Buena Vista Pike. It shall also include information related to the number, date, and size of all large events. Based on the findings of the report, additional conditions may be required.
5. Parking on the east side of Whites Creek shall be used for overflow parking only.
6. The applicant shall formalize an advocacy group.
7. The following definition shall be added to Appendix A – Land Use Glossary:
Community Related Events. From time to time, special non-ticketed, community related events, such as, but not limited to, fall fairs, farmer’s markets, school-related activities, arts and crafts sales, shall be permitted on the grounds. Parking for these community related events shall be accommodated west of Whites Creek. Any event proposed in the floodway or floodway buffer, shall require notification to the Stormwater Management Division.”
Sponsored by: Walter Hunt
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | October 5, 2010 |
| Passed First Reading: | October 5, 2010 |
| Referred to: | Planning
Commission - Approved 8-1 (October 28, 2010) Planning & Zoning Committee |
| Passed Second Reading: | November 4, 2010 |
| Amended: | November 16, 2010 |
| Passed Third Reading: | November 16, 2010 |
| Approved: | November 17, 2010 |
| By: | |
| Effective: | November 22, 2010 |