Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, March 4, 2008
6:00 p.m. Council Chamber
Metropolitan Courthouse


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULES AMENDMENT -

Proposed amendment to Rule No. 15 of the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Community Corrections Advisory Board>
Appointment of Ms. Tyler Yarbro for a term expiring July 30, 2009.
Ms. Yarbro will serve as the Metropolitan Government representative.

Electrical Examiners and Appeals Board
Reappointment of Mr. Ralph Parsons for a term expiring February 15, 2012.
Mr. Parsons will serve as the Electrical Engineer representative.

Fire and Building Code Appeals Board
Reappointment of Mr. William (Bill) M. Steffenhagen for a term expiring March 1, 2012.
Mr. Steffenhagen will serve as the Fire Prevention Specialist representative.

Public, Education and Governmental (PEG) Access Oversight Committee
Appointment of Ms. Cherrie Dean Britton for a term expiring November 4, 2009.
Ms. Britton will fill the unexpired term of Ms. Hazel Thomas.
Appointment of Mr. Thomas Melton for a term expiring November 4, 2010.
Mr. Melton will serve as the post secondary interest representative.

Sports Authority
Reappointment of Ms. Cathy Bender-Jackson for a term expiring February 19, 2014.
Ms. Jackson will represent the 4th school district.
Reappointment of Mr. Steve North for a term expiring February 19, 2014.
Mr. North will represent the 21st Senate district.

- BILLS ON PUBLIC HEARING –

SUBSTITUTE BILL NO. BL2007-19 (Gilmore)
Referred to Planning Commission
and Planning & Zoning Committees
Map & Parcel No./Owner:
81, 82 and 900 Various Parcels, Various Owners
Requested by: Councilmember Erica Gilmore

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 historic overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (92.04 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08).

BILL NO. BL2007-33 (Stanley)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
96-1-062-01 Leroy J. Humphries & Beverly Beam

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 property located at 2801 Lebanon Pike, at the southeast corner of Lebanon Pike and Donelson Pike (0.31 acres), to permit an existing structure to be used for automobile sales (used), all of which is described herein (Proposal No. 2007SP-148U-14).

BILL NO. BL2007-109 (Coleman)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
162- 117, 118, 119, 120, 122, 222, 250 Bell Road Vacant, LLC, Bell Road LP & Kristi L. Warren
Requested by: Councilman Sam Coleman

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12).

BILL NO. BL2007-110 (Toler)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
181 Part of Parcel 52 William Robert Carter & James Phillip Carter
Requested by: Centex Homes

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 approved by Ordinance No. BL2006-1286 for property located at 6419 Pettus Road, at the end of Autumn Crossing Way, (28.99 acres), approved for 69 single-family lots and 64 multi-family units, to clarify the conditions pertaining to the required masonry component, all of which is described herein (Proposal No. 2006SP-112G-12).

BILL NO. BL2008-114 (Holleman)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
91-16-6; 91-13-160, 161 Charlotte Avenue Church of Christ
Requested by: Metro Historic Zoning Commission for Councilman Jason 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 applying a Historic Landmark Overlay to property located at 4508 Charlotte Avenue, 4509 Alabama Avenue, and 4511 Alabama Avenue for the Charlotte Avenue Church of Christ (.72 acres), all of which is described herein (Proposal No. 2007Z-182G-07).

BILL NO. BL2008-115 (Tygard)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “two-family” structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T).

BILL NO. BL2008-133 (Baker)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
91-8-197, 198, 199, 200, 201, 202, 214, 215, 216, 217, 218, 219, 220 Henry & Sarah Hood
Requested by: Jesse Walker Engineering

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 R6 zoning properties located at 4400, 4501, 4502, 4504, 4506, 4507, 4508, 4509, 4510, 4511 and 4516 Michigan Avenue, at the intersection of 46th Avenue North and Michigan Avenue (2.32 acres), all of which is described herein (Proposal No. 2008Z-018U-07).

BILL NO. BL2008-134 (Jameson)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
83-3-64 Elena Rivas & Maria Calderon
Requested by: Susan Barbera

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 a Planned Unit Development located at 2038 Greenwood Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.37 acres), to permit the existing restaurant of approximately 4,000 square feet, an exemption from the minimum distance requirements included in the beer provisions of the Metro Code, all of which is described herein (Proposal No. 2008P-001U-05).

BILL NO. BL2008-135 (Gilmore)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-3-55 Glenn & Chandra Jamison

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 RM20 to CL zoning property located at 2110 Meharry Boulevard, approximately 255 feet west of 21st Avenue North (0.2 acres), all of which is described herein (Proposal No. 2008Z-019U-08).

BILL NO. BL2008-136 (Baker)
Disapproved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
91-2-68, 69, 70 Mike & Dana Ragan

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 IR zoning properties located at 6101, 6103 and 6105 Centennial Boulevard, at the southwest corner of Centennial Boulevard and 61st Avenue North (0.72 acres), all of which is described herein (Proposal No. 2007Z-106U-07).

BILL NO. BL2008-137 (Coleman)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
164-41 Vastland Starwood Development LLC
Requested by: R. Chris Magill Consulting, 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 to SP zoning property located at 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of multi-family residential uses on up to 28 acres at density of 9 dwelling units for a maximum of 250 dwelling units and the development of commercial uses of 421,500 square feet on up to 37.1 acres of land at a floor area ratio of up to .40, all of which is described herein (Proposal No. 2008SP-002U-13).

BILL NO. BL2008-138 (Mitchell)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
156-9-A, Part of Parcel 005.00CO Kimco Harpeth Barclay LP
Requested by: Newton Oldacre McDonald

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 RM6 to CL zoning a portion of property located at 7996 Highway 100 in the Harpeth Village Planned Unit Development, at the northeast corner of Highway 100 and Temple Road (.32 acres), all of which is described herein (Proposal No. 2008Z-015G-06).

BILL NO. BL2008-139 (Langster)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-10-59.01 Scott Wilson & Thomas J. Drake

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 OG property located at 405 31st Avenue North, approximately 250 feet north of Charlotte Pike (0.1 acres), all of which is described herein (Proposal No. 2007Z-181U-08).

BILL NO. BL2008-140 (Coleman)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
175-24, 140 Donna Wilson & Mary Sue Clark
Requested by: Charles Hawkins Co., Inc.

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 properties located at 12872 and 12900 Old Hickory Boulevard, approximately 2,615 feet north of Firestone Parkway (69.07 acres), to permit warehouse uses, all of which is described herein (Proposal No. 2007SP-180U-13).

BILL NO. BL2008-141 (Holleman)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
91-12-160, 161, 162
91-16-6, 7 Charlotte Avenue Church of Christ & Gamble-Watson Acquisition Group
Requested by: Metro Planning Dept.

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 properties located at 4507, 4509, and 4511 Alabama Avenue and 4506 and 4508 Charlotte Avenue, at the northeast corner of 46th Avenue North and Charlotte Avenue (1.35 acres), (Proposal No. 2008SP-005U-07).

BILL NO. BL2008-142 (Claiborne)
Approved by Planning Commission (6-0-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
62-169 William & Dorothy Oakes, Trustees
Requested by: EDGE

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 Music Valley Planned Unit Development located at 2506 Music Valley Drive, approximately 2,500 feet north of McGavock Pike, zoned CA, (2.19 acres), to permit the development of a 3-story, 52,500 square foot hotel, replacing a 12,000 square foot restaurant, all of which is more particularly described herein (Proposal No. 5-73-G-14).

BILL NO. BL2008-143 (McGuire)
Approved by Planning Commission (7-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-16-7, 8 VLB Holdings LLC & Scott D. Knapp
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 SP zoning properties located at 1603 and 1609 Glen Echo Road, at the southwest corner of Glen Echo Road and Belmont Boulevard, to permit the development of 8 townhome units, all of which is described herein (Proposal No. 2008SP-001U-10).

BILL NO. BL2008-144 (Page)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
119-10-93 A. K. Son
Requested by: Donlon Land Surveying 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 RS10 to SP zoning property located at 90 Thompson Lane, approximately 245 feet west of Hartford Drive (0.37 acres), to permit a medical office building, all of which is described herein (Proposal No. 2007SP-176U-11).

BILL NO. BL2008-145 (Harrison)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
17-14-29, 31, 59 Nashville Ovation, 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 previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, all of which is more particularly described herein (Proposal No. 2006SP-159U-03).

BILL NO. BL2008-146 (McGuire)
Approved by Planning Commission (6-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-15-8 Paul R. Johnson
Requested by: Gresham Smith & Partners

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 SP zoning property located at 3714 Benham Avenue, approximately 290 feet north of Glen Echo Road (0.85 acres), to permit the development of 6 single-family dwelling units, all of which is described herein (Proposal No. 2006SP-177U-10).

BILL NO. BL2008-147 (Toler)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
181-90 General Construction Co.
Requested by: Atwell-Hicks

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 CL and AR2a to MUL (2.76 acres) and RM15 (5.06 acres) zoning property located at 6365 Nolensville Pike, at the northwest corner of Holt Road and Nolensville Pike (7.82 acres), all of which is described herein (Proposal No. 2007Z-175G-12).

BILL NO. BL2008-148 (Toler)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
181-90 General Construction Co.
Requested by: Atwell-Hicks

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 a Planned Unit Development property located at 6365 Nolensville Pike, at the northwest corner of Nolensville Pike and Holt Road (7.82 acres), zoned CL and AR2a and proposed for MUL and RM15, to permit 72 multi-family units, 17,926 square feet of general office space, and 16,022 square feet of retail space, all of which is described herein (Proposal No. 2007P-004G-12).

BILL NO. BL2008-149 (McGuire)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
104-10-47 Metro Government
Requested by: Metro Planning Dept.

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 RS7.5 to SP district property located at 3501 Byron Avenue and abutting Ransom Avenue and Richardson Avenue and within the Elmington Place Neighborhood Conservation Overlay and I-440 Impact Overlay, to permit the conversion of the former Ransom Elementary School building and site into a residential development not to exceed 18 dwelling units in total (1.99 acres), all of which is described herein (Proposal No. 2008SP-007U-10).

BILL NO. BL2008-150 (Toler)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Sections 17.08.030 and 17.16.070.P of Title 17 of the Metropolitan Code, Zoning Regulations, to allow vehicular rental/leasing as a use permitted with conditions in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-024T).

BILL NO. BL2008-151 (Wilhoite)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “family” to include a group of not more than eight unrelated elderly persons living together as a single housekeeping unit, all of which is more particularly described herein (Proposal No. 2008Z-011T).

BILL NO. BL2008-152 (Tygard, Baker & others)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to allow digital and LED signs in certain areas, all of which is more particularly described herein (Proposal No. 2008Z-023T).

- CONSENT AGENDA RESOLUTIONS -

(Referred to Rules & Confirmations Committee)

RESOLUTION NO. RS2008-175 (Jameson, Bennett)

A resolution recognizing the contributions and services of Gwendolyn Elizabeth Nation McFarland of Nashville, Tennessee.

RESOLUTION NO. RS2008-176 (Wilhoite)

A resolution recognizing the passing of Kindell Stephens, Sr.

RESOLUTION NO. RS2008-177 (Matthews)

A resolution recognizing sisters Mary O’Neil and Catherine Gross for their generous donation to the City of Nashville.

RESOLUTION NO. RS2008-178 (Langster, Jameson & others)

A resolution recognizing Transportation Commissioner Gerald F. Nicely for his outstanding leadership and service.

RESOLUTION NO. RS2008-179 (Adkins, Toler & others)

A resolution recognizing Metropolitan Nashville Davidson County Police Department South Precinct Commander Rick Lankford on the occasion of his retirement.

RESOLUTION NO. RS2008-180 (Forkum, Ryman)

A resolution recognizing Central Precinct Detectives Rick Mavity, Ricky Winfrey, former Officer Billy Merryman, along with Detectives Chad Gish, Tracy Gatwood and Joe Williams of the Metropolitan Nashville Police Department.

RESOLUTION NO. RS2008-181 (Mitchell)

A resolution recognizing Steven Olson on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-182 (Mitchell)

A resolution recognizing Andrew Owensby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-183 (Mitchell)

A resolution recognizing Luke Ownby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-184 (Mitchell)

A resolution recognizing William Ownby on attaining the designation of Eagle Scout, Scouting’s highest award.

RESOLUTION NO. RS2008-185 (Page)

A resolution recognizing Cathy Rader upon her retirement from the position as Volunteer Director of Special Olympics Nashville.

RESOLUTION NO. RS2008-186 (Ryman, Forkum & others)

A resolution recognizing and congratulating Mr. Joe Casey upon his induction into the Tennessee Secondary School Athletic Association Hall of Fame.

RESOLUTION NO. RS2008-187 (Crafton, Craddock)

A resolution recognizing the Nashville Rescue Mission on its fifty-four years of service to the homeless in the Nashville community.

RESOLUTION NO. RS2008-188 (Gilmore)

A resolution to recognize and declare Fisk University Day in Nashville, Tennessee on March 19, 2008.

- RESOLUTION -

RESOLUTION NO. RS2008-189 (Ryman)
Referred to Rules & Confirmations Committee

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

- BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2008-161 (Coleman, Barry & others)

An ordinance amending Title 4 of the Metropolitan Code to establish a procurement nondiscrimination program.

BILL NO. BL2008-162 (Evans)

An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 11, Project No. 07-SL-82.

BILL NO. BL2008-163 (Evans)

An ordinance authorizing the Metropolitan Government to participate with B & Y Properties to provide public sewer service in Williamson County, to Britain Downs, Phase 1, Project No. 07-SL-49.

BILL NO. BL2008-164 (Cole, Evans)

An ordinance authorizing the Metropolitan Government to participate with Sunset Properties to provide public sewer service in Williamson County, to Sunset Park Subdivision, Project Nos. 06-SL-45 and 06-SL-110.

BILL NO. BL2008-165 (Coleman, Ryman & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 2834 Brick Church Pike, 534 Thompson Lane, 4022 Sells Drive, 6420 Centennial Boulevard, 4017 Wallace Lane, 1101 and 1033 18th Avenue South, Pettus Road, Highway 70, 2202 A Hobbs Road, 1900 Belmont Boulevard, Carothers Road, 3510 Central Pike, 300 11th Avenue South, Bell Road, 705 Murfreesboro Pike, 1525 J P Hennessy Drive, Cotton Lane, 3901 Granny White Pike, 1915 Gallatin Pike, Old Hickory Boulevard, 535 Shute Lane, 5444 Edmondson Pike, 335 Arena Avenue, 326 Harding Place, and 2110 Rosa L Parks Boulevard.

BILL NO. BL2008-166 (Ryman)
Approved by Planning Commission (6-0)
Map & Parcel No./Owner:
26-053 State of Tennessee
Requested by: Waller, Landsen, Dortch & Davis, LLP

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 CS zoning 0.67 acres of right-of-way belonging to the State of Tennessee located on the east side of Liberty Lane, south of Vietnam Veterans Boulevard, all of which is described herein (Proposal No. 2008Z-007G-04).

BILL NO. BL2008-167 (Steine)

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to create the use “animal boarding facility” as a use permitted with conditions (PC) in the IWD and IR districts, all of which is more specifically described herein (Proposal No. 2008Z-028T).

BILL NO. BL2008-168 (Crafton)

An ordinance amending Section 17.40.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to require the written consent of all property owners affected by a zoning change prior to acceptance of an application to amend the official zoning map, all of which is more specifically described herein (Proposal No. 2008Z-031T).

BILL NO. BL2008-169 (Cole)

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T).