ORDINANCE NO. BL2010-805
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 BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Ampitheater to be temporarily permitted, all of which is described herein (Proposal No. 2008SP-002-002).
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 BL2008-137) for the previously approved Starwood Commons Specific Plan District, for property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to allow all previously approved uses associated with the Starwood Ampitheater to be temporarily permitted, being Parcel 041 on Map164-00 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 on Map 164 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: Jerry Maynard
AMENDMENT NO. 1
ORDINANCE NO. BL2010-805
I move to amend Ordinance No. BL2010-805 by adding the following new Section 3 and renumbering the remaining sections of the Ordinance accordingly:
“Section 3. Be it further enacted, that the following conditions shall apply:
1. The operation and performance of the temporary use shall be subject to review and recommendation by the Metropolitan Planning Commission to the Metropolitan Council by February 1, 2015.
2. The original plan and Council Bill (BL2008-137) shall establish the requirements for the principal use.
3. The temporary commercial amusement outdoor use permitted with this zoning amendment shall cease prior to a permit being issued for any other use, and/or prior to any zoning of the property.
4. All facilities and structures needed for the temporary use shall be portable, and permanent structures for the temporary use shall not be permitted.
5. Events shall be limited to a maximum 12,000 people.
6. The site shall be maintained in a clean condition at all times. All trash and debris shall be removed, and access control at all gates will be maintained so as to prevent illegal dumping or other unwanted activities at the site.
7. Existing tree and landscape buffers along the Old Hickory Boulevard loop will be retained to shield the site visually from adjoining properties and mitigate light and sound exiting the site at the property lines. Existing tree and native vegetation buffers will also be retained along Hobson Pike to screen the site from vehicular traffic.
8. Each of the entrance gates will have appropriate landscaping that is regularly maintained to add to the site’s visual appeal and present a professional appearance for concert-goers. At a minimum, four (4) 2-inch caliber trees and eight (8) shrubs at least 24 inches in height shall be planted at each entrance that does not already have appropriate landscaping.
9. In sections of the venue designated for festival seating on lawn chairs or blankets, the area will be planted with grass to provide a natural and appealing appearance from the open part of the site along Murfreesboro Road.
10. The developer and/or property owner shall comply with the provisions of the Traffic Plan attached hereto and incorporated herein as ‘Exhibit A’.”
Sponsored by: Jerry Maynard
|Introduced:||December 7, 2010|
|Passed First Reading:||December 7, 2010|
Commission - Approved 8-1
(December 9, 2010)
Planning & Zoning Committee
|Passed Second Reading:||January 4, 2011|
|Deferred:||January 18, 2011|
|Amended:||February 1, 2011|
|Passed Third Reading:||February 1, 2011|
|Approved:||February 2, 2011|
|Effective:||February 7, 2011|