Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday,March 17, 2015
6:30p.m.
David Scobey Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Cheatham County Rail Authority
Election to fill a two-year term: Nominee: Ed Cole.

Nashville & Eastern Rail Authority
Election to fill a two-year term: Nominee: Phil Claiborne.

Metropolitan Action Commission
Appointment of Ms. Barbara Knott for a term expiring February 2, 2017.
Ms. Knott will fill the unexpired term of Mr. Robert Stockard.

CATV Special Committee
Reappointment of Ms. Colleen Curtis for a term expiring March 1, 2018.
Appointment of Ms. Robbie Melton for a term expiring March 1, 2018.
Reappointment of Ms. Jackie Shrago for a term expiring March 1, 2018.

Board of Zoning Appeals
Appointment of Ms. Christina Karpynec for a term expiring February 26, 2020.

- RESOLUTION ON PUBLIC HEARING -

RESOLUTION NO. RS2015-1403 (Westerholm)
Referred to Public Safety Committee

A resolution exempting Margot Café and Bar located at 1017 Woodland Street from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code.

- CONSENT AGENDA RESOLUTIONS –

- RESOLUTIONS -

RESOLUTION NO. RS2015-1389 (Pridemore)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims Pamela DeSoto has brought against the Metropolitan Government of Nashville and Davidson County and Metropolitan Government employees Tommy Lynch, Chris Taylor, Bryan Irvin, Kevin Hooper, Danny Duke, Jerry Moore, Johnny Perry, Tom Harbison, Foster Hite, in the amount of $295,000, of which $30,000 is for back pay to be paid out of the Parks operating budget. The remaining $265,000 is to be paid out of the Judgment and Losses Fund.

RESOLUTION NO. RS2015-1404 (Pridemore)
Referred to Budget & Finance Committee

A resolution appropriating to certain accounts for the benefit of the Metropolitan Nashville Police Department, State Trial Court, Public Works, Office of Emergency Management, Administrative Department, Department of Codes and Building Safety, District Attorney, and the Department of General Services One Million Nine Hundred Ninety Six Thousand and Six Hundred Dollars ($1,996,600).

RESOLUTION NO. RS2015-1405 (Pridemore)
Referred to Budget & Finance Committee

A resolution approving Amendment Seven to a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Finance, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010.

RESOLUTION NO. RS2015-1406 (Pridemore, Baker)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department (hereinafter “MNPD”) and the U.S. Army Corps of Engineers for extra-duty police services.

RESOLUTION NO. RS2015-1407 (Pridemore, Gilmore, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to eliminate pregnancy smoking, reduce secondhand exposure to infants and young children, and promote tobacco abstinence among young school children.

RESOLUTION NO. RS2015-1408 (Pridemore, Gilmore, Langster)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving an intergovernmental agreement by and between the State of Tennessee, Department of Health, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide Child Fatality Review Services in the Sudden Death of the Young (SDY) in children under age 19 investigated by the Medical Examiner’s Office.

RESOLUTION NO. RS2015-1409 (Pridemore, Gilmore)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to participate as a member site in the Centers for Disease Control Tuberculosis Epidemiologic consortium studies.

RESOLUTION NO. RS2015-1410 (Claiborne, Pridemore & others)
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

A resolution approving an application for a Two Rivers Mansion Master Plan Grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission in conjunction with the Metropolitan Parks and Recreation Department and the Friends of Two Rivers Mansion, to hire a consultant to complete a Master Plan for Two Rivers Mansion and grounds.

RESOLUTION NO. RS2015-1411 (Todd, Pridemore & others)
Referred to Budget & Finance, Parks
and Planning & Zoning Committees

A resolution approving an application for a Kellytown Master Plan Grant from the Tennessee Historical Commission to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Historical Commission in conjunction with the Metropolitan Parks and Recreation Department, the Friends of Kellytown, and Congregation Micah, to hire a consultant to complete a Master Plan for the Kellytown Native American Archaeological Site.

RESOLUTION NO. RS2015-1412 (Pridemore)
Referred to Budget & Finance Committee

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims Clarisse Sweat (also known as “Karissa” Sweat) has brought against Joe Shelton, a Metropolitan Government Police Officer, and the Metropolitan Government, in the amount of $50,000.00 to be paid out of the Judgment and Losses Fund.

RESOLUTION NO. RS2015-1413 (Harmon)
Referred to Rules Committee

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2015-1056 (Allen, Barry)

An ordinance amending Chapter 5.12 of the Metropolitan Code to dedicate a portion of the transient occupancy privilege taxes generated by short term rental properties to the Barnes Fund for Affordable Housing.

BILL NO. BL2015-1057 (A. Davis)

An ordinance to amend Title 15, Section 15.16.390 of the Metropolitan Code by amending the meter size furnished by the Department of Water and Sewarge Services for residential domestic connections of consumers and customers from five-eighths of an inch to one inch or less.

BILL NO. BL2015-1058 (Pridemore, Hunt)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of a certain parcel of real property labeled Exhibit A and described below (Proposal No. 2015M-006PR-001).

BILL NO. BL2015-1059 (A. Davis, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon easement rights that were previously retained by Council Bill No. 077-786 within a portion of the former right of way of 50th Avenue for property located at 610 Merritt Avenue (Proposal No. 2015M-005ES-001).

BILL NO. BL2015-1060 (Gilmore, A. Davis, Hunt)
Approved by Planning Commission

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to abandon 125 linear feet of existing 48 inch combination sewer main and easement, and to accept approximately 215 linear feet of 48 inch combination sewer main and easement for properties located at 210 and 310 First Avenue South, (MWS Project No. 14-SWC-0018 and Proposal No. 2015M-006ES-001.

BILL NO. BL2015-1061 (Tenpenny)
Approved by Planning Commission
and Traffic & Parking Commission

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by naming the frontage road off Antioch Pike “McIllwain Place” (Proposal No. 2015M-001SR-001).

BILL NO. BL2015-1062 (Langster)
Approved by Planning Commission

An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning Alley No. 701.5 right-of-way and easement (Proposal No. 2015M-002AB-001).

BILL NO. BL2015-1063 (Harmon)

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before September 22, 2014.

BILL NO. BL2015-1064 (S. Davis)

An ordinance amending Section 17.08.030 of the Metropolitan Code, Zoning Regulations, to allow detached accessory dwellings as a use permitted with conditions in the CL zoning district (Proposal No. 2015Z-005TX-001).

- BILLS ON SECOND READING -

BILL NO. BL2015-1016 (Harrison)
Referred to Codes Committee

An ordinance amending Chapter 16.28 of the Metropolitan Code to require building and demolition permit holders for major projects to post a sign on the property providing information about the development.

BILL NO. BL2015-1042 (Langster, Pridemore, A. Davis)
Approved by Planning Commission
Referred to Budget & Finance, Public Works
and Planning & Zoning Committees

An ordinance approving the renewal of a ground lease between The Metropolitan Government of Nashville and Davidson County and Eckerd Corporation (Proposal No. 2015M-004PR-001).

- BILLS ON THIRD READING –

BILL NO. BL2014-897 (McGuire)
Planning Commission – Approved (8-0)
Approved by Planning & Zoning Committee
Map & Parcel No./Owner/
Map 116-08, Parcel(s) 006-014, 098, 100, 101, 107, 109, 111-115, 117-123; Map 116-12, Parcel(s) 001-003, 013-017, 021, 022, 024, 025, 027-029, 033, 034, 039, 042, 045, 046, 056, 063, 064, 066-068, 074-076, 078, 099 Various Owners
Requested by: Councilman McGuire

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 RS10 zoning for various properties located along Auburn Lane, Dartmouth Avenue, Tulane Court and Woodmont Lane, south of Woodmont Boulevard (approximately 23.87 acres), all of which is described herein (Proposal No. 2014Z-054PR-001).

BILL NO. BL2015-1004 (Bedne)
Planning Commission – Approved with substitute (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
Map 162, Parcel(s) 049, 227; Map 162-05, Parcel(s) 101-104, 119-121, 186-188, 293-295, 297-311, 313-315, 317-321; Map 162-06, Parcel(s) 178-181, 204-209, 290-299, 312-316, 361-381, 392-396; Map 162-07, Parcel(s) 117-119, 146-161, 163, 165-183, 186, 198-220, 224-227, 242; Map 162-09, Parcel(s) 060-064, 094-101, 104-106, 115-117, 122-143, 148-153, 155-164; Map 162-10, Parcel(s) 001-009, 012-016, 018-026, 029-059, 061-076, 078-146, 148-166, 169-199, 201, 203-217, 219-235; Map 162-11, Parcel(s) 001-038 Various Owners
Requested by: Councilman Bedne

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 RS10 zoning for various properties located along Amelia Court, Amelia Drive, Ashlawn Circle, Ashlawn Court, Ashlawn Drive, Ashworth Circle, Ash Grove Drive, Ashmont Circle, Ashmont Drive, Bell Road, Bess Court South, Benzing Road, Brook View Estates Drive, Brook Drive, Eulala Drive, Janice Drive, Jeri Court, Josephine Court, Lou Court, Michele Drive, Ocala Drive, Roxanne Court, Roxanne Drive, Sue Court, Sue Drive, Tusculum Road and Yoest Circle, north of Bell Road (approximately 155 acres, all of which is described herein (Proposal No. 2015Z-003PR-001).

BILL NO. BL2015-1023 (Gilmore)
Planning Commission - Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
82-5-106, 107 T & J Holdings IV
Requested by: Dale & Assoc.

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 CS to SP zoning for properties located at 1614 and 1616 4th Avenue North, approximately 115 feet south of Garfield Street, (0.4 acres), to permit up to seven detached residential dwelling units, all of which is described herein (Proposal No. 2014SP-079-001).

BILL NO. BL2015-1024 (Todd)
Planning Commission – Approved (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
130-7-74 James C. King, III & Melissa G. Langley
Requested by: Councilmember Todd

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 RS20 to RS30 zoning for property located at 4008 Iroquois Avenue, approximately 600 feet east of Lynwood Boulevard (1.23 acres), all of which is described herein (Proposal No. 2015Z-009PR-001).

BILL NO. BL2015-1025 (Glover)
Planning Commission – Disapproved (5-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
98-52.02 Bruce & Richelle Harp
Requested by: Dale & Assoc.

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 RS15 to SP zoning for property located at 5572 South New Hope Road, at the current terminus of Cherry Bark Court, (3.52 acres), to permit up to 13 single-family dwelling units, all of which is described herein (Proposal No. 2015SP-006-001).

BILL NO. BL2015-1026 (Gilmore)
Planning Commission - Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
82-5-108 Mark & Donya Waynick
Requested by: Dale & Assoc.

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 R6 to SP zoning for property located at 1618 4th Avenue North, at the southeast corner of 4th Avenue North and Garfield Street, (0.40 acres), to permit up to eight residential dwelling units, all of which is described herein (Proposal No. 2015SP-002-001).

BILL NO. BL2015-1027 (Moore)
Planning Commission - Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
118-2-57 Eighth South, LLC
Requested by: Kimley-Horn & Assoc.

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 CS to SP zoning for property located at Elliott Avenue (unnumbered), approximately 340 feet west of Franklin Pike, (2.34 acres), to permit a multifamily development containing up to 200 dwelling units, all of which is described herein (Proposal No. 2015SP-003-001).

BILL NO. BL2015-1028 (Weiner)
Planning Commission - Approved with conditions, disapproved without (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
128-152, 170; 142-1, 297, 298, 301, 356 Bellevue Development, LLC
Requested by: Barge Waggoner Sumner & Cannon

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 a portion of the Commercial Planned Unit Development Overlay District for properties located at 7614 A, 7614B, 7616, 7620, 7624, 7632 and 7634 Highway 70 South, west of Sawyer Brown Road, zoned MUL and SCR, (85.5 acres), to permit a mixed use development, all of which is described herein (Proposal No. 94-71P-002).

BILL NO. BL2015-1029 (Baker)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
91-14-269 Jai Balaji, 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 R8 to CS zoning for property located at OBrien Avenue (unnumbered), approximately 130 feet west of White Bridge Pike (0.08 acres), all of which is described herein (Proposal No. 2014Z-061PR-001).

BILL NO. BL2015-1030 (Dowell, Bedne, Duvall)
Planning Commission – Approved (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
163-341; 174-23 Lee A. Beaman
Requested by: Barge Waggoner Sumner & Cannon

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 cancelling the Planned Unit Development for properties located at Cane Ridge Road (unnumbered), on the east side of Cane Ridge Road, (124.82 acres), all of which is described herein (Proposal No. 51-87P-001).

BILL NO. BL2015-1032 (Westerholm)
Planning Commission – Approved (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
083-03, (s) 166-169, 177-184, 187-191, 195.01, 193-196; 083-03-0-A, (s) 001-004, 900-901; 083-06, (s) 401.01, 401.02, 397-408, 436; 083-07, (s) 016-028, 044, 046, 048-087, 099-103, 105, 106, 108-115, 121-124, 126-140, 142-148, 150-191, 193-200, 282.01, 281-303, 316, 359, 363; 083-07-0-E, (s) 001-002, 900; 083-07-0-F, (s) 001-002, 900; 083-07-0-G, (s) 001-002, 900; 083-07-0-I, (s) 001-002, 900; 083-07-0-J, (s) 001-002, 900; 083-07-0-K, (s) 001-002, 900; 083-07-0-L, (s) 001-002, 900; 083-07-0-M, (s) 001-002, 900; 083-07-0-N, (s) 001-002, 900; 083-10, (s) 336-341, 343-355, 359; 083-11, (s) 001-055, 057-075, 207 Various Owners
Requested by: Councilmember Westerholm

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 applying the contextual overlay to various properties located along Greenwood Avenue, Rosebank Avenue, Skyview Drive, Waters Avenue, Shady Lane, Powers Avenue, McCarn Street, Tillman Lane, Washington Avenue, Eastland Avenue, Groves Park Road, Urban Place, Wilsonwood Place, Hackberry Lane, and N. 20th Street, all of which is described herein (Proposal No. 2015Z-007PR-001).

BILL NO. BL2015-1033 (Harrison)
Planning Commission – Disapproved (4-3)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
71-10-31, 188 Margurita Jackson
Requested by: Ben 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 RS5 to SP zoning for properties located at 519 and 521 Weakley Avenue, opposite Fern Avenue, (0.34 acres), to permit up to four residential dwelling units, all of which is described herein (Proposal No. 2014SP-084-001).

BILL NO. BL2015-1034 (Westerholm)
Planning Commission - Approved with conditions, disapproved without (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
83-9-453,454 Allen & Janice Williams and Hawkeye Realty, LLC
Requested by: REM3 Studio

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 R6 to SP zoning for properties located at 1505 and 1507 Holly Street, at the northwest corner of Holly Street and Lindsley Park Drive and located within the Lockeland Springs-East End Neighborhood Conservation Overlay District, (0.34 acres), to permit up to five dwelling units on three lots, including two lots with one or two-family dwelling units within a single structure on each lot and one lot with a single-family dwelling unit, all of which is described herein (Proposal No. 2014SP-087-001).

BILL NO. BL2015-1035 (Baker)
Planning Commission – Approved (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
91-7-264,265,267-269,338,338,341-344
Requested by: Councilman Baker

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 applying the provisions of a Contextual Overlay District to properties located at 4800, 4801, 4802, 4803, 4805, 4806, 4808, 4809, 4810, and 4811 Michigan Avenue and Michigan Avenue (unnumbered), between 48th Avenue North and 49th Avenue North (approximately 2 acres), all of which is described herein (Proposal No. 2015Z-004PR-001).

BILL NO. BL2015-1036 (Bennett, Pridemore & others)
Planning Commission – Approved (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapter 17.08 of the Metropolitan Zoning Code to prohibit clubs as a use in the office (ON, OL, OG, and ORI) zoning districts (Proposal No. 2015Z-001TX-001).

BILL NO. BL2015-1037 (Dowell, Bedne, Duvall)
Planning Commission - Approved with conditions, disapproved without (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
163-341; 174-24.01, 23,24,53,184,213,218,219 Lee A. Beaman, Mary Jane Hurt & Nancy Turner Morton, Robert L. Morton, Sr., Clarence C. Hurt et ux, Ralph H Maxson IV & Lisa, H.C. Turner Family Limited Partnership
Requested by: D3 Hickory Hollow, 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 AR2a and SCR to SP zoning for properties located at 3135 and 3185 Old Franklin Road, 5570 and 5580 Cane Ridge Road and Cane Ridge Road (unnumbered), west of Interstate 24, (approximately 291 acres), to permit a mixed use development, all of which is described herein (Proposal No. 2015SP-005-001).

BILL NO. BL2015-1038 (Stites)
Planning Commission – Disapproved (5-2)
Referred to Planning & Zoning Committee

An ordinance amending Section 17.16.070 of the Metropolitan Code, Zoning Regulations, pertaining to the conditions applicable to boat storage facilities (Proposal No. 2015Z-002TX-001).

BILL NO. BL2015-1040 (Allen)
Approved by Planning Commission
Public Works, Traffic, Parking & Transportation
and Planning & Zoning Committees

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain an automated bike kiosk encroaching the public right-of-way of 2101 Belmont Boulevard (Proposal No. 2015M-003EN-001).

BILL NO. BL2015-1041 (A. Davis, Hunt)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance adopting the Geographic Information Systems Street and Alley Centerline Layer, with the recordation of renaming, additions and deletions of acceptances and abandonments as reflected on the Centerline Layer to date, as the Official Street and Alley Acceptance and Maintenance Record for the Metropolitan Government of Nashville and Davidson County (Proposal Number 2014M-004OT-001).

- MEMORIALIZING RESOLUTIONS –

RESOLUTION NO. RS2015-1400 (Stites, Duvall)
Approved by Rules Committee

A resolution declaring May 14, 2015 as Stand With Israel Day in Nashville, Tennessee.

RESOLUTION NO. RS2015-1414 (A. Davis, Allen)
Referred to Public Works Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to use solid waste generation fees to pay for material recovery and processing.

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.