ORDINANCE NO. BL2014-767

SUBSTITUTE ORDINANCE NO. BL2014-767

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 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) and located within the Floodplain Overlay District, to add approximately 1.97 acres into the SP (from approximately 136.04 acres to 138.01 acres total), relocate a private drive, increase the total number of resort rooms from 140 to 150, and amend various limitations for the Seasonal Performance Entertainment Venue, all of which is described herein (Proposal No. 2009SP-022-008).

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 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) and located within the Floodplain Overlay District, to add approximately 1.97 acres into the SP (from approximately 136.04 acres to 138.01 acres total), relocate a private drive, increase the total number of resort rooms from 140 to 150, and amend various limitations for the Seasonal Performance Entertainment Venue, being Property Parcel No. 094 as designated on Map 040-00 and 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 Metropolitan Clerk’s 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 Map 040 and 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 the uses of this SP shall be limited to the specific uses as described in the SP document.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. Any additional development not shown on the Council approved plan shall require Planning Commission and/or Council approval.
2. Excessive grading for the widening of the private drive shall not be permitted. If the final site plan calls for grading that includes retaining walls over five feet in height and/or it is determined that the grading will destroy the existing character of the drive, then it shall require Commission and/or Council approval.
3. Excessive grading for the widening of the private drive shall not be permitted. If the final site plan calls for grading that includes retaining walls over five feet in height and/or it is determined that the grading will destroy the existing character of the drive, then it shall require Commission and/or Council approval.
4. All Public Works requirements related to access, traffic, and special event traffic management, reporting and number of parking spaces shall be met with all future development.
5. Parking on the east side of Whites Creek shall be used for overflow parking only.
6. Weekday Seasonal Performance Entertainment Venue events shall be limited to three per calendar year and shall be held only during the summer break as designated on the official Metro School calendar.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, 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.
Section 7. Be it further enacted, if a development standard, not including permitted uses, is absent from the SP plan and/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. Uses are limited as described in the Council ordinance.

Section 8. 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.

LEGISLATIVE HISTORY
Introduced:	May 6, 2014
Passed First Reading:	May 6, 2014
Referred to:	Planning Commission - Approved with Conditions 6-0-1 Planning & Zoning Committee
Passed Second Reading:	June 3, 2014
Substitute Introduced:	June 10, 2014
Passed Third Reading:	June 10, 2014
Approved:	June 11, 2014
By:
Effective:	June 13, 2014