ORDINANCE NO. BL2016-282

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, 4225, and 4241 Whites Creek Pike, and Whites Creek Pike (unnumbered), approximately 1,000 feet north of Lloyd Road (138.02 acres) and located within the Floodplain Overlay District, to add approximately 31.18 acres into the SP, and to relocate the proposed hotel from the previously approved location to the newly added parcels, all of which is described herein (Proposal No. 2009SP-022-011).

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, 4225, and 4241 Whites Creek Pike, and Whites Creek Pike (unnumbered), approximately 1,000 feet north of Lloyd Road (138.02 acres) and located within the Floodplain Overlay District, to add approximately 31.18 acres into the SP, and to relocate the proposed hotel from the previously approved location to the newly added parcels, being Property Parcel Nos. 093, 163 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, 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 5. 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 6. 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 approved plan.

Section 7. 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: Brenda Haywood

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-282

Mr. President –

I move to amend Ordinance No. BL2016-282 as follows:

I. By amending Section 1 by adding two additional paragraphs which state as follows:
The applicant shall use light fixtures and light shields that control the emission of light from the property to the night sky and to the peripheral boundary.

The applicant will complete an archeological and geophysical survey that will include documentation of findings and identification of appropriate steps to implement all federal and state requirements prior to any final SP approval. The archeological survey will comply with best practices for intact Archaic sites, including the mechanical removal of all topsoil within the planned impact area using a flat-blade backhoe or grade-all, monitored & directed by a qualified archaeologist. All exposed features larger than 30 cm shall then be bisected to test for human remains, which if present, shall only be removed if a cemetery termination order is issued by a Davidson County Chancery Court or other court of competent jurisdiction."

Sponsored by: Brett Withers

LEGISLATIVE HISTORY
Introduced:	June 7, 2016
Passed First Reading:	June 7, 2016
Referred to:	Planning Commission - Disapproved (7-0-1) Planning, Zoning, & Historical Committee
Passed Second Reading:	July 5, 2016
Deferred:	July 19, 2016
Amended:	August 2, 2016
Passed Third Reading:	August 2, 2016 - Roll Call Vote
Approved:	August 3, 2016
By:
Effective:	August 5, 2016