ORDINANCE NO. BL2013-515
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 permit a rural resort with lodging for up to 140 rooms, all of which is described herein (Proposal No. 2009SP-022-007).
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 permit a rural resort with lodging for up to 140 rooms, 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 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 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. 1. Uses within 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. A stage shell shall be provided for all Seasonal Performance Entertainment events.
4. Seasonal Performance Entertainment events shall be limited from the first of April through the 30th of November.
5. The maximum number of Seasonal Performance Entertainment events within one calendar year shall not exceed 14, and no more than two events may occur within one calendar month with the exception that the symphony shall be permitted to hold up to four events in any one month annually and shall not be counted towards the 14 event maximum.
6. Seasonal Performance Entertainment events shall be limited to Friday, Saturday or Sundays, and no event shall last more than one day.
7. Admissions to any one-single Seasonal Entertainment Performance event shall not exceed 4,500 persons.
8. All Seasonal Performance Entertainment events shall end by 10:30 P.M.
9. The decibel level output for all Seasonal Performance Entertainment events
shall not exceed 96db at the soundboard location for the stage.
10. All Public Works requirements related to access, traffic, special event traffic management, reporting and number of parking spaces shall be met with all future development.
11. Parking on the east side of Whites Creek shall be used for overflow parking only.
Section 5. 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 6. 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 7. 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 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.
Sponsored by: Walter Hunt
View Site Plan
|Introduced:||August 6, 2013|
|Passed First Reading:||August 6, 2013|
Commission - Approved with Conditions 7-0
(June 27, 2013)
Planning & Zoning Committee
|Passed Second Reading:||September 10, 2013|
|Passed Third Reading:||September 17, 2013|
|Approved:||September 18, 2013|
|Effective:||September 20, 2013|
Requests for ADA accommodation should be directed to Ana Escobar at 615/862-6770.