Metro Seal

Agenda


Metropolitan Council Meeting
Thursday, November 6, 2008
6:00 p.m. Council Chamber
Metropolitan Courthouse


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -


Action Commission
Appointment of Ms. Tomasa Bean for a term expiring February 2, 2010.
Ms. Bean will fill the unexpired term of Dr. Awadh A. Binhazim.

Community Corrections Advisory Board
Appointment of Mr. Vince Wyatt for a term expiring August 31, 2010.

Educational Access Corporation
Appointment of Ms. Jane Grimes for a term expiring February 5, 2010.
Ms. Grimes will fill the unexpired term of Mr. Elliott Mitchell.

Gas/Mechanical Examiners and Appeals Board
Appointment of Mr. Alvin Hayes for a term expiring August 21, 2012.
Mr. Hayes will serve as the business representative.

Transportation Licensing Commission
Reappointment of Ms. Jennifer Brundige for a term expiring October 10, 2010.
Reappointment of Ms. Helen S. Rogers for a term expiring October 10, 2010.
Reappointment of Mr. Tom Turner for a term expiring October 10, 2010.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry for a term expiring October 1, 2010.
Reappointment of Dr. Edward Thackston for a term expiring October 1, 2010.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2008-285 (Jernigan)
No recommendation by Planning Commission
Referred to Planning & Zoning Committee

An ordinance amending Section 17.40.770 of Title 17 the Metropolitan Code, Zoning Regulations, to waive Board of Zoning Appeals application fees for certain applications filed by Members of Council, all of which is more specifically described herein.

BILL NO. BL2008-299 (Page)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to create “after hours establishment” as a use permitted with conditions, and to provide restrictions and conditions regarding the location of after hours establishments, all of which is more particularly described herein (Proposal No. 2008Z-082T).

BILL NO. BL2008-313 (Coleman)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
162-41 Ben Maxwell & Walter Battle
Requested by: ALDI 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 amending the Aldi Planned Unit Development (formerly Maxwell Brothers Produce Market) located on a portion of property at 1645 Bell Road, at the northwest corner of Bell Road and Benzing Road, zoned CL (2.94 acres), to permit the development of a l-story, 17,694 square foot retail establishment, replacing a 2,250 square foot retail establishment and to add the remainder of Parcel 41 to the boundaries of the PUD, all of which is described herein (Proposal No. 93P-004U-12).

BILL NO. BL2008-314 (Tygard)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
134-15; 148; 148-2; 148-3 Various Parcels, Various Owners
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 R8, R10, and CS zoning districts to SP zoning to create a new specific plan known as "Bakertown Specific Plan" for properties along Antioch Court, Antioch Pike, Bakertown Road, Cherokee Court, Cherokee Hills Drive, Cherokee Place, Ezell Road, Gasser Drive, Haystack Lane, Jansing Drive, Luna Drive, Rader Drive, and Spann Court (87.79 acres), to establish development and sign standards, and regulate land uses, all of which is described herein (Proposal No. 2008SP-023U-13).

BILL NO. BL2008-315 (Holleman)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
103-12 Part of Parcel 1 St. Cecilia Academy & Overbrook School
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 applying the Institutional Overlay District to Aquinas College which is part of the Dominican Campus located at 4210 A Harding Pike, approximately 2,270 feet east of White Bridge Pike (46.28 acres), zoned R8, for a campus master plan containing a student recreation building, academic buildings, student center, several chapels, a library, a dining hall, an administration building, and several dormitories, all of which is described here in (Proposal No. 2008IN-001U-10).

BILL NO. BL2008-316 (Forkum)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
43-7-69, 70 MAT Real Estate LLC
Requested by: Thornton’s 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 amending BL2007-1512 of the previously approved Myatt Drive Thornton’s Specific Plan for property located at the southeast corner of Anderson Lane and Myatt Drive (1.87 acres), approved for a 3,740 square foot automobile convenience market with 7 gas pumps, and to permit a 3,755 square foot automobile convenience market with 8 gas pumps, all of which is described herein (Proposal No. 2006SP-162G-04).

BILL NO. BL2008-317 (Claiborne)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
106, Part of Parcel 172 Summit Holladay Partners, Inc.
Requested by: Atkisson-Harber Architects

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 a portion of property located at Elm Hill Pike (unnumbered), approximately 2,400 feet west of Massman Drive (3.9 acres), to permit an access drive to Elm Hill Pike, all of which is described herein (Proposal No. 2008SP-027U-14).

BILL NO. BL2008-318 (Duvall)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
110-102; 111; 123; 137; 138 Various Parcels, Various Owners
Requested by: Councilman Duvall

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 and AR2a to RS80 zoning along Bakers Grove Road, Couchville Pike, Granny White Lane, Hobson Pike, Mt. Juliet Road, Palimino Place, Pugh Road, Stewarts Ferry Pike, and Thoroughbred Drive (2265.98 acres), all of which is described herein (Proposal No. 2008Z-078G-13).

BILL NO. BL2008-319 (Holleman)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
103-16; 104-9; 104-13 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 applying a Neighborhood Conservation Overlay for various properties on both sides of Whitland Avenue between Wilson Boulevard South and Bowling Avenue, zoned R8 (19.61 acres), all of which is described herein (Proposal No. 2008Z-079U-10).

BILL NO. BL2008-320 (Harrison)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
70-6-11 William H. McClanahan
Requested by: Councilman Harrison

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 CN to R8 zoning property located at 2616 Buena Vista Pike, approximately 900 feet north of W. Trinity Lane (0.52 acres), all of which is described herein (Proposal No. 2008Z-075U-03).

BILL NO. BL2008-321 (Crafton)
Approved 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 BL2007-1482 of the previously approved 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 129 townhomes where 106 townhomes were previously approved, all of which is described herein (Proposal No. 2007SP-081G-06).

BILL NO. BL2008-323 (Stanley)
Disapproved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
96-2-10 Georgina Abisellan

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 property located at 2918 Lebanon Pike, at the northwest corner of Lebanon Pike and Guill Court (1.4 acres), all of which is described herein (Proposal No. 2008Z-064U-14).

BILL NO. BL2008-324 (Harrison)
Disapproved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
59-63, 195 Ewing Creek, 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 changing from S7.5, R8, and CS to SP zoning properties located at 2832 Whites Creek Pike and Rowan Drive (unnumbered), approximately 1,510 feet south of Briley Parkway (91.97 acres), to permit the development of a mixed retail, office, warehouse and industrial campus and open space, all of which is described herein (Proposal No. 2008SP-025U-03).

BILL NO. BL2008-325 (Murray)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Section 17.04.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to amend the definition of "mobile vendor" to exempt vending activity along Cleveland Street (Proposal No. 2008Z-088T).

BILL NO. BL2008-326 (Page)
Disapproved by Planning Commission (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, by making certain automobile and heavy equipment repair, services, and sales uses permitted only within the Specific Plan (SP) district (Proposal No. 2008Z-087T).

BILL NO. BL2008-327 (Page)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapter 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the parking requirements for after hours establishments (Proposal No. 2008Z-086T).

BILL NO. BL2008-328 (Barry, Jameson & others)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations, to make the tree density requirements applicable to certain residential development, all of which is more particularly described herein (Proposal No. 2008Z-089T).

BILL NO. BL2008-329 (Foster)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-12-470, 472, 477; 92-16-156 Concord Hospitality, Inc.
Requested by: Littlejohn Engineering Associates, 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 CF to SP zoning for properties located at 1800 and 1806 West End Avenue and 1801 and 1807 Hayes Street, at the northwest corner of West End Avenue and 18th Avenue North (1.36 acres), to permit the development of a 190,033 square foot, 8-story mixed-use building containing hotel, restaurant and financial institution space, all of which is described herein (Proposal No. 2008SP-021U-10).

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

RESOLUTION NO. RS2008-523 (Evans, Holleman & others)

A resolution recognizing Executive Director Ann Roberts of the Historical Commission of Metropolitan Government of Nashville and Davidson County on the occasion of her retirement.

RESOLUTION NO. RS2008-524 (Cole, Jameson & others)

A resolution recognizing Linda Borum, Administrative Assistant of the Metropolitan Codes Department Zoning Division, on the occasion of her retirement from service with the Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2008-525 (Langster, Matthews, Wilhoite)

A resolution recognizing Metropolitan Nashville Davidson County Police Department Deputy Chief Joseph Bishop on the occasion of his retirement.

RESOLUTION NO. RS2008-526 (Bennett, Baker, Craddock)

A resolution recognizing Metro Police Canine Officer Jerry Denton and his partner Roscoe.

RESOLUTION NO. RS2008-527 (Coleman)

A resolution recognizing and congratulating Dr. Barbara Corso Ide of Thurgood Marshall Middle School on being named the 2008 National Distinguished Principal for the State of Tennessee.

RESOLUTION NO. RS2008-528 (Crafton, Tygard)

A resolution recognizing the Bellevue Family YMCA and FiftyForward J. L. Turner Center on its 2nd Anniversary.

RESOLUTION NO. RS2008-529 (Murray)

A resolution recognizing and acknowledging Metropolitan Social Services on the first anniversary of becoming accredited as meeting best practice standards.

RESOLUTION NO. RS2008-530 (Durbin, Steine & others)

A resolution recognizing Vanderbilt’s Expanded Aid Program.

- RESOLUTION -

RESOLUTION NO. RS2008-531 (Harrison)
Referred to Rules Committee

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-338 (Gilmore, Langster, Harrison)

An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development.

BILL NO. BL2008-339 (Matthews, Toler, Forkum)
Approved by Planning Commission

An ordinance authorizing the acquisition of certain right-of-way easements and construction easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of the Public Works Department Project No. 08-B-01, Cato Road Bridge (Proposal No. 2008M-152G-3).

BILL NO. BL2008-340 (Toler, Forkum)

An ordinance approving and accepting a contribution in the amount of $110,000 from Murphy Development, LLC for purposes of Transportation Infrastructure Improvements in the Swiss Avenue Area.

BILL NO. BL2008-341 (Toler, Forkum)

An ordinance approving and accepting a contribution in the amount of $133,500 from Centex Homes for purposes of Transportation Infrastructure Improvements in the Southeast Infrastructure Deficiency Area associated with the Carter Property (Proposal No. 2006SP-112G-12).

BILL NO. BL2008-342 (Durbin)
Approved by Planning Commission
and Traffic & Parking Commission
Requested by: Littlejohn Engineering Associates

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 Acklen Avenue right-of-way (Proposal No. 2008M-173U-10).

BILL NO. BL2008-343 (Gilmore)
Disapproved by Planning Commission (4-2)
and Traffic & Parking Commission (5-2)
Requested by: Spruce Street Baptist Church

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 Alley No. 616 right-of-way (Proposal Number 2008M-049U-8).