Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, July 5, 2011
6:00 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Metropolitan Clerk
Appointment of Ms. Ana L. Escobar effective August 1, 2011.

Action Commission
Reappointment of Ms. Karen Doty for a term expiring February 2, 2014.
Appointment of Ms. Brenda Dowdle for a term expiring February 2, 2014.
Appointment of Ms. Sara Longhini for a term expiring March 6, 2013.

Agricultural Extension Board
Reappointment of Mr. Steve Butler for a term expiring August 1, 2014.
Appointment of Ms. Mauna Crabtree for a term expiring August 1, 2014.
Appointment of Dr. Thelma Sanders-Hunter for a term expiring August 1, 2014.

Airport Authority
Reappointment of Mr. Jack O. Bovender, Jr. for a term expiring June 4, 2015.

Charter Revision Commission
Appointment of Ms. Lorinda McLaughlin for a term expiring September 4, 2013.
Ms. McLaughlin will fill the unexpired term of Mr. Francis Guess.

Community Corrections Advisory Board
Reappointment of Mr. Vince Wyatt for a term expiring August 31, 2013.
Appointment of Ms. Tyler Yarbro for a term expiring August 31, 2013.

Electrical Examiners and Appeals Board
Appointment of Mr. Mike Thomas for a term expiring February 15, 2015.

Board of Equalization
Appointment of Ms. Connie Hardin for a term expiring April 1, 2013.

Fire and Building Code Appeals Board
Reappointment of Mr. Michael Bearden for a term expiring March 1, 2015.

Historic Zoning Commission
Appointment of Mr. Richard Fletcher for a term expiring June 1, 2016.
Appointment of Mr. Hunter Gee for a term expiring April 1, 2016.
Mr. Gee will represent the Planning Commission.

Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Ms. Jan Meryl Davidson for a term expiring February 5, 2014.
Appointment of Mr. David Wicker for a term expiring February 5, 2014.

Plumbing Examiners and Appeals Board
Appointment of Mr. W. A. Curtis for a term expiring March 10, 2014.
Mr. Curtis will serve as the journeyman plumber representative.
Reappointment of Mr. Edward Galbreath for a term expiring February 15, 2015.
Appointment of Mr. Ron Holdaway for a term expiring February 15, 2015.
Mr. Curtis will serve as the mechanical engineer representative.

Sexually Oriented Business Licensing Board
Appointment of Mr. Worrick Robinson IV for a term expiring October 7, 2013.
Mr. Robinson will fill the unexpired term of Mr. Brock Parks.

Social Services Commission
Appointment of Ms. Marlen Santana Perez for a term expiring April 3, 2016.
Appointment of Ms. Lolita D. Toney for a term expiring April 3, 2016.

Traffic and Parking Commission
Appointment of Mr. Steven Turner for a term expiring April 3, 2016.

Vegetation Control Board
Reappointment of Mr. Hollis Malone for a term expiring March 1, 2015.
Appointment of Mr. Stephen Zralek for a term expiring March 1, 2015.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2012.
Reappointment of Ms. Terry Kevlin for a term expiring October 1, 2012.
Reappointment of Dr. Edward Thackson for a term expiring October 1, 2012.
Reappointment of Dr. Robert Wingfield, Jr. for a term expiring October 1, 2012.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2010-674 (McGuire)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
117-14; 117-15; 131-2; 131-2-B Various Parcels, Various Owners
Requested by: Metro Planning Department

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 existing Green Hills Urban Design Overlay District to modify variations to the conventional standards of the underlying base zoning, located along Hillsboro Pike, Hillsboro Drive, Hillsboro Circle, Hobbs Road, Warfield Drive, Richard Jones Road, Bandywood Drive, and Abbott Martin Road (107.87 acres) classified SCR, all of which is more particularly described herein (Proposal No. 2002UD-001-001).

BILL NO. BL2011-920 (Holleman)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
091-15; 091-15-0-A Parcels 1-6; 91-16; 0091-16-0-A Parcels 100-115;
900-00-408 Various Parcels, Various Owners
Requested by: Councilman Holleman

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 making applicable the provisions of Neighborhood Conservation Overlay District for properties located south of Interstate 40 along 43rd Avenue North, 44th Avenue North, 47th Avenue North, 48th Avenue North, 50th Avenue North, 51st Avenue North, Charlotte Avenue, Elkins Avenue, Park Avenue and Sylvan Glen Court (51.93 acres), all of which is described herein (Proposal No. 2011NHC-001-001).

BILL NO. BL2011-922 (Holleman, Claiborne)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance to amend the Metro Zoning Code, Chapters 17.04 (Definitions), 17.32 (Sign Regulations) and 17.40 (Administration and Procedures) to include definitions associated with Landmark Signs; a new section on Landmark Signs, and the procedure for the designation of Landmark Signs (Proposal No. 2011Z-009TX-001).

BILL NO. BL2011-923 (Cole, Toler)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.04 and 17.12 of Title 17 of the Metro Zoning Code to amend the definition of “Cottage Development, Single-Family” and the standards for Single-Family Cottage Developments (Proposal No. 2011Z-010TX-001).

BILL NO. BL2011-924 (Jameson)
Approved by Planning Commission (6-1)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify the standards applicable to a “Home Occupation” and create a new land use with standards called “Home Business” (Proposal No. 2010Z-025TX-002).

BILL NO. BL2011-925 (Matthews)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
69-109-110 Tony R. Clouse

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 changing from AR2a to IWD zoning for property located at 3941 and 3945 Stewarts Lane, approximately 3,100 feet south of Ashland City Highway (4.44 acres), all of which is described herein (Proposal No. 2011Z-015PR-001).

BILL NO. BL2011-926 (Crafton)
Disapproved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
128-38 Hicks Road Development LLC
Requested by: Dale & Associates

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 Mt. Laurel Reserve Specific Plan for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 236 multi-family residential units where 129 multi-family residential units were previously approved, all of which is described herein (Proposal No. 2007SP-081-001).

BILL NO. BL2011-927 (Moore)
Approved by Planning Commission (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
105-02-407, 507 JFC Enterprises Inc.
Requested by: Hawkins Development Co.

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 changing from IWD to MUG district for properties located at 1004 and 1016 8th Avenue South, approximately 175 feet south of Archer Street (1.31 acres), all of which is described herein (Proposal No. 2011Z-008PR-001).

BILL NO. BL2011-928 (Hunt)
Disapproved by Planning Commission (8-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
41-147; 50-31, 132 Eatherly/Ring Joint Venture
Requested by: Dale & Associates

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 preliminary plan for the Belle Arbor Planned Unit Development Overlay located at 3549 Brick Church Pike and at Westchester Drive (unnumbered), south of Bellshire Drive (73.59 acres), zoned RM6, R10 and partially located within the Floodplain Overlay District, to permit 351 residential units where 371 were previously approved and to eliminate three street connections, all of which is described herein (Proposal No. 2005P-023-003).

BILL NO. BL2011-929 (Langster)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-07-338, 339 John L. & Inarae P. Combs
Requested by: Jeff Heider

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 changing from IR to MUG-A district for property located at 615 Spruce Street and 21st Avenue North (unnumbered), north of Charlotte Pike (2.06 acres), all of which is described herein (Proposal No. 2011Z-016PR-001).

BILL NO. BL2011-930 (Wilhoite)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
135-146-148, 163 Stevenson Trust No. 8
Requested by: Dale & Associates

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 changing from R20, RM9, and IWD to SP zoning for properties located at 2114 Smith Springs Road, 1806 Reynolds Road, 1812 Reynolds Road and at Reynolds Road (unnumbered), approximately 1,700 feet north of Smith Springs Road (48.57 acres), to permit a maximum of 950,000 square feet of industrial, office, warehouse and distribution, up to 78 multi-family residential units and open space uses, all of which is described herein (Proposal No. 2011SP-004-001).

BILL NO. BL2011-931 (Crafton)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
128-122 Donald D. Henry, Sr.
Requested by: David Lowry

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 changing from R40 to AR2a district for property located at 7791 Charlotte Pike, approximately 2,450 feet west of Forrest Valley Drive (10.0 acres), all of which is described herein (Proposal No. 2011Z-013PR-001).

BILL NO. BL2011-932 (Matthews)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
68-62 Charles Huddleston

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 changing from AR2a to SP zoning for property located at 4608 Ashland City Highway, approximately 3,450 feet west of Briley Parkway (5.61 acres), to permit Building Contractor, Supply and Agricultural Activity, all of which is described herein (Proposal No. 2011SP-016-001).

BILL NO. BL2011-933 (Mitchell)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
155-88 Corporate Investors Partnership VIII LLC
Requested by: Barge Cauthen & Associates

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 changing from RS40 to SP zoning for property located at 7836 Old Harding Pike, at the intersection of Learning Lane and Old Harding Pike (1.26 acres), to permit a daycare center, all of which is described herein (Proposal No. 2011SP-011-001).

BILL NO. BL2011-934 (Steine)
Approved by Planning Commission (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
120-01-167 Sam Bernhard
Requested by: Dale & Associates

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 changing from R10 to CL district for property located at Murfreesboro Pike (unnumbered), approximately 350 feet south of Vultee Boulevard (1.04 acres), all of which is described herein (Proposal No. 2011Z-005PR-001).

BILL NO. BL2011-935 (Wilhoite)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
136-43 Keith Jordan

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 changing from R10 to OR20 district for property located at 2631 Smith Springs Road, approximately 760 feet west of Bell Road (.36 acres), all of which is described herein (Proposal No. 2011Z-002PR-001).

BILL NO. BL2011-936 (Claiborne)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
95-2-110, 173 Thomas W. Beasley & Brett Alan Wesnofske
Requested by: Dale & Associates

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 preliminary plan for the Cumberland Yacht Harbor Planned Unit Development located at 2140 Lebanon Pike and 252 Donelson Hills Drive, at the southwest corner of Lebanon Pike and Donelson Hills Drive, classified MUG and located within the Floodplain Overlay District (40.0 acres), to permit the development of 126 dwelling units, 18,000 square feet of commercial space, replacing 181 dwelling units, 50,735 square feet of commercial space and a marina previously approved, all of which is described herein (Proposal No. 2003P-007-002).

BILL NO. BL2011-937 (Moore)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
105-03-100, 101, 103, 106, 107; 105-3-0-A-1, 2, 900; 105-03-0-B-1, 2, 900 FMBC Investments LLC

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 Southview on 2nd Specific Plan (Council Bill BL2010-781) and by changing from R6 to SP for properties located at 1064, 1066, 1068, 1070, 1072 A, B, and C, 1074, A, B and C, and 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.93 acres), to add 0.8 acres to the Specific Plan District and to permit the development of up to 19 dwelling units, all of which is described herein (Proposal No. 2010SP-015-002).

BILL NO. BL2011-948 ( Langster)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-10-270 Ashley-Tompkins Real Estate Partnership
Requested by: Pearl Street Partners. LLC

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 changing from IR to MUI district for property located at 28th Avenue North (unnumbered), at the northeast corner of 28th Avenue North and Charlotte Avenue (3.06 acres), all of which is described herein (Proposal No. 2011Z-012PR-001).

BILL NO. BL2011-949 (Foster)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
161-08-10 James McFarland et ux
Requested by: MSB Architecture LLC

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 Bar-B-Cutie Commercial Planned Unit Development Overlay located at 5207 Nolensville Pike, approximately 120 feet north of Brewer Drive, classified CS (1.77 acres), to permit a 560 square foot dining room addition to an existing 6,000 square foot restaurant, all of which is described herein (Proposal No. 158-75P-001).

- CONSENT AGENDA RESOLUTIONS -
(Referred to Rules & Confirmations Committee)

RESOLUTION NO. RS2011-1729 (Bennett, Hollin)

A resolution recognizing Commander Robert Nash on the occasion of his retirement from the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2011-1730 (Tygard, Toler & others)

A resolution recognizing and honoring Mrs. Donna Nicely for her many years of dedicated service to our City and State.

RESOLUTION NO. RS2011-1731 (Steine, Toler, Hodge)

A resolution recognizing Marilyn S. Swing, Metropolitan Clerk of The Metropolitan Government of Nashville and Davidson County, on the occasion of her retirement.

RESOLUTION NO. RS2011-1732 (Evans, Gilmore & others)

A resolution recognizing Sergeant Connie Tripp on the occasion of his retirement from the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2011-1733 (Toler)

A resolution recognizing Hope Hines, Sports Director of NewsChannel 5 WTVF-TV, on his retirement.

RESOLUTION NO. RS2011-1734 (Wilhoite)

A resolution recognizing Mr. David Waynick for his renovation of the GranDale Mansion in Nashboro Village.

RESOLUTION NO. RS2011-1735 (Wilhoite)

A resolution recognizing the 40th year reunion of Pearl High School – Class of 1971.

RESOLUTION NO. RS2011-1736 (Hollin)

A resolution recognizing those participating in the protests of Senate Bill SB0049 nicknamed the “Don’t Say Gay” bill outside the State Capitol.

- RESOLUTION -

RESOLUTION NO. RS2011-1737 (Adkins)
Referred to Rules Committee

A resolution approving the election of certain Notaries Public for Davidson County.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-956 (McGuire)

An ordinance amending Chapter 6.74 of the Metropolitan Code relating to operation regulations, vehicle regulations, dispatching regulations, vehicle title regulations, and fare charge amounts for passenger vehicles for hire other than taxicabs.
- BILLS ON INTRODUCTION AND FIRST READING (Cont'd) -

BILL NO. BL2011-957 (Toler)

An ordinance amending Title 15 of the Metropolitan Code pertaining to the metering of water consumption and sewerage use by commercial class customers of the Department of Water and Sewerage Services.

BILL NO. BL2011-958 (Hodge)
Approved by Planning Commission

An ordinance abandoning 9 water service lines and 407 linear feet of a 10 inch sanitary sewer line, 279 linear feet of a 15 inch sanitary sewer line, 252 linear feet of a 18 inch sanitary sewer line, and 89 linear feet of an 8 inch sanitary sewer line, and accepting 384 linear feet of a 12 inch sanitary sewer and easement, on properties located at Rosa Parks Boulevard, Commerce Street, 7th Avenue North, and Church Street, in connection to Project 10-SL-149, and authorizing the execution of documents to carry out said transaction (Proposal No. 2011M-005ES-001).

BILL NO. BL2011-959 (Hodge)
Approved by Planning Commission

An ordinance authorizing the execution and filing with the Register of Deeds a Notice of Land Use Restriction for the Old Due West Landfill Site (Proposal No. 2011M-010PR-001).

BILL NO. BL2011-960 (Moore, Hodge)
Approved by Planning Commission

An ordinance abandoning an existing drainage easement on a portion of property located at 830 Gale Lane, west of Franklin Pike (Proposal No. 2011M-004ES-001).

BILL NO. BL2011-961 (Toler)
Requested by: Councilman Toler

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Trousdale Drive right-of-way (Proposal No. 2011M-007AB-001).