Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, March 3, 2009
6:00 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Nashville & Eastern Rail Authority
Election to fill a two-year term. Nominee: J. B. Loring

Arts Commission
Appointment of Mr. Jeff Carr for a term expiring January 1, 2010.
Mr. Carr will fill the unexpired term of Mr. Eddie George.

Educational Access Corporation
Appointment of Mr. Tony Dancy for a term expiring February 5, 2011.
Mr. Dancy will fill the unexpired term of Dr. Cavit Cheshier.

Electric Power Board
Appointment of Mr. Robert McCabe for a term expiring July 1, 2013.
Mr. McCabe will fill the unexpired term of Mr. Justin Wilson.

Hospital Authority
Appointment of Dr. Howard Burley for a term expiring July 11, 2009.
Dr. Burley will fill the unexpired term of Dr. Lloyd Elam.

Work Release Board
Reappointment of Mr. James Boyd for a term expiring January 1, 2013.
Reappointment of Ms. Mona Frederick for a term expiring January 1, 2013.
Reappointment of Rev. Frank Gordon for a term expiring January 1, 2013.
Reappointment of Father Ed Steiner for a term expiring January 1, 2013.
Nominees of Sheriff Daron Hall.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2008-182 (Mitchell)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
155-122 Betty French, Mary & James Johnson
Requested by: Jacky Allen

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 BL2005-543 to remove a condition restricting access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (Proposal No. 2008Z-042G-06).

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. BL2008-325 (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. BL2008-356 (Harrison)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
71-2 Part of Parcel 4 Calligan Family Limited Partnership

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 IWD zoning a portion of property at 2432 Brick Church Pike, approximately 1,870 feet north of West Trinity Lane (4.0 acres), all of which is described herein (Proposal No. 2008Z-072U-03).

BILL NO. BL2009-381 (Gilmore)
Approved by Planning Commission (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-9-270, 272, 273, 274, 275, 293, 294, 295, 296, 297 Demonbreun Gateway Partners
Requested by: Hastings Architecture 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 CF to SP zoning for properties located at 1205, 1207, and 1211 Demonbreun Street, 201, 203, 205, and 207 12th Avenue South, and 1206, 1212, and 1214A Laurel Street, at the southwest corner of Demonbreun Street and 12th Avenue South (2.93 acres) and located within the Arts Center Redevelopment District, to permit the development of a maximum 24-story mixed-use building, all of which is described herein (Proposal No. 2008SP-035U-09).

BILL NO. BL2009-386 (Baker)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
102-8-1, 117 Ulax Estates, Inc.
Requested by: Walter Davidson & 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 R6 to CS zoning for property located within a portion of the Charlotte Center Planned Unit Development at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, all of which is described herein (Proposal No. 2008Z-068U-07).

BILL NO. BL2009-387 (Baker)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
102-8-1, 117 Ulax Estates, Inc.
Requested by: Walter Davidson & 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 a portion of the Charlotte Center Planned Unit Development located at 3710 Annex Avenue and Old Hickory Boulevard (unnumbered), at the northwest corner of Charlotte Pike and Annex Avenue, zoned R6 and proposed for CS (15.94 acres), to permit 153,231 square feet of retail, restaurant, commercial amusement (indoor), and financial institution uses where 134,578 square feet of retail, restaurant and commercial amusement (indoor) were previously approved, all of which is more particularly described herein (Proposal No. 1-72-U-07).

BILL NO. BL2009-388 (Hunt)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
50-88 Anchor Property Holdings, 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 CS to SP zoning and final site plan approval for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to permit wrecker service and automobile repair uses, all of which is described herein (Proposal No. 2009SP-003-001).

BILL NO. BL2009-389 (Coleman)
Approved by Planning Commission (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
162-115, 219, 220, 221, 223 Charles Leach, Ben Odom, Joanne Davis, F. West & GTA Investments
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 AR2a and RM20 to SP zoning properties located at 1452, 1450, 1448, 1446, and 1444 Bell Road, approximately 3,515 feet west of Blue Hole Road (40.21 acres), to permit the development of multi-family dwelling units, commercial, office and retail uses, all of which is described herein (Proposal No. 2007SP-037U-12).

BILL NO. BL2009-390 (McGuire)
Approved by Planning Commission (7-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-7-46 Steven & Claire Slone
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 property located at 2007 Lombardy Avenue, approximately 260 feet east of Hillsboro Pike (0.67 acres), to permit the development of eight units, all of which is described herein (Proposal No. 2008SP-029U-10).

BILL NO. BL2009-391 (Barry)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-3, 92-4, 81-15 Various Parcels
92-8-1 Fisk University
Requested by: Councilmember Barry; Tuck-Hinton 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 applying an Institutional Overlay District to Fisk University located east of Dr. D.B. Todd Boulevard, along 16th Avenue North, 17th Avenue North, Herman Street, Jackson Street, Jefferson Street, Meharry Boulevard, and Phillips Street (44.23 acres), zoned RM20 and within the Jefferson Street Redevelopment District, to identify the proposed campus boundaries and future university planning efforts, all of which is described herein (Proposal No. 2008IN-002U-08).

BILL NO. BL2009-392 (Baker)
Approved by Planning Commission (5-4)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
102-93, 94, 95, 96, 97, 98, 99 Nashville West Shopping Center LLC
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 amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, all of which is more particularly described herein (Proposal No. 2004P-036-001).

BILL NO. BL2009-393 (Harrison)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
59-154 M.A. Williams Properties, 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 SCN to CS zoning property located within a Commercial Planned Unit Development at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), all of which is described herein (Proposal No. 2009Z-001PR-001).

BILL NO. BL2009-394 (Harrison)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
59-154 M.A. Williams Properties, Inc.
Requested by: Arnold Consulting Engineering Services 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 a portion of the Commercial Planned Unit Development located at Moormans Arm Road (unnumbered), at the northwest corner of Moormans Arm Road and Whites Creek Pike (8.53 acres), to permit a 45,773 square foot self-service storage facility, and a possible future park, all of which is more particularly described herein (Proposal No. 8-65P-001).

BILL NO. BL2009-395 (Gilmore)
Approved by Planning Commission (7-1-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
93-1-33, 34 North Charlotte Avenue Holdings LLC
Requested by: Hawkins Partners 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 IR to CF zoning for properties located at 607 and 612 10th Avenue North (6.66 acres), on the north side of Jo Johnston Avenue, all of which is described herein (Proposal No. 2009Z-002PR-001).

BILL NO. BL2009-396 (Craddock)
Disapproved by Planning Commission (7-3)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
51 Part of Parcel 28 Christian Schools, Inc.
Requested by: Ragan-Smith 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 OR20 to CS zoning a portion of property located at 619 Due West Avenue, approximately 1,000 feet west of South Graycroft Avenue (0.05 acres), all of which is described herein (Proposal No. 2009Z-007PR-001).

BILL NO. BL2009-397 (Craddock)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
51-16-9, 9.01, 20; 61-4-30, 31, 32, 33, 34, 35, 36, 151 Various Owners
Requested by: Councilman Craddock

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 Preservation Overlay District to 11 properties located at 4903, 4905, 4907, 4909, 4910, 4911, 4914, and 4918 Tanglewood Drive North, Tanglewood Drive North (unnumbered) and Tanglewood Court (unnumbered), all of which is described herein (Proposal No. 2009Z-001HP-001).

BILL NO. BL2009-398 (Moore)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
118-1-385, 386, 387, 388 Kevin Pennington
Requested by: Randy Morgan

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 SP zoning properties located at 2412, 2414, 2500, 2502 9th Avenue South, approximately 275 feet north of Montrose Avenue (1.63 acres), to permit the development of 15 cottage units around a common open space, all of which is described herein (Proposal No. 2008SP-036U-10).

BILL NO. BL2009-399 (Matthews)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
69 Part of Parcel 232 James & Norma Holland

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 CS to IWD zoning a portion of property located at 4032 Stewarts Lane, approximately 1,050 feet south of Ashland City Highway (4.46 acres), all of which is described herein (Proposal No. 2008Z-094U-03).

BILL NO. BL2009-400 (Mitchell)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
155-90, 91 Harold McClain etux and Rosalee Gann
Requested by: E. Roberts Alley & 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 CN to SP zoning properties located at 7860 Learning Lane and 8236 Collins Road, at the northeast corner of Collins Road and Learning Lane (1.58 acres), to permit a 15,824 square foot day care center for up to 175 children, all of which is described herein (Proposal No. 2009SP-001-001).

BILL NO. BL2009-401 (Gotto)
Approved by Planning Commission (8-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
86 Part of Parcel 215 JAI Ganesha LLC
Requested by: Civil and Environmental 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 amending a portion of the Commercial Planned Unit Development district located at 3887 Central Pike, approximately 700 feet east of Old Hickory Boulevard, zoned CS, (1.46 acres), to permit a 4-story, 67 room hotel where a 2-story, 47 room hotel was previously approved, all of which is more particularly described herein (Proposal No. 6-74-G-14).

BILL NO. BL2009-402 (Hodge, Foster)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
147-7 Part of Parcel 116 Clarence & V. Marlene Hight

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 OR20 zoning a portion of property located at 361 Flora Maxwell Road (0.25 acres), approximately 205 feet east of Nolensville Pike, all of which is described herein (Proposal No. 2009Z-003PR-001).

BILL NO. BL2009-403 (Jameson)
Approved by Planning Commission (9-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
83-6-258, 259 JJC, LLC
Requested by: Kimley-Horn and 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 making applicable the provisions of a proposed Planned Unit Development located at 97 Chapel Avenue, at the northwest corner of Chapel Avenue and Eastland Avenue, zoned CN and located within the Eastwood Neighborhood Conservation Overlay (0.26 acres), to permit the existing restaurant of approximately 2,490 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. 2009P-001-001).

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

RESOLUTION NO. RS2009-651 (Foster, Wilhoite & others)

A resolution recognizing Russell Bauman Brecheen, Jr., awarded Keep America Beautiful’s Iron Eyes Cody Award for 2008.

RESOLUTION NO. RS2009-652 (Steine, Ryman)

A resolution recognizing Mr. Chris Henson as Interim Director of Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2009-653 (Toler)

A resolution recognizing Granbery Elementary School’s recycling/environmental awareness program.

RESOLUTION NO. RS2009-654 (Wilhoite, Foster)

A resolution recognizing Keep America Beautiful’s Great American Cleanup and designating March, April and May 2009 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County.

RESOLUTION NO. RS2009-655 (Tygard)

A resolution in support of the United States Postal Service issuing a commemorative postage stamp honoring Sam Phillips.

RESOLUTION NO. RS2009-656 (Foster, Gotto, Tygard)

A resolution commending the Wa-Hi-Nasa Lodge of the Order of the Arrow for its cheerful service in placing yellow ribbons in the Public Square to honor America’s military veterans on the occasion of Veterans Day 2008.

RESOLUTION NO. RS2009-657 (Toler)

A resolution to honor The Beatles by proclaiming January 30, 2009, as Nashville Beatles Music Day; and also recognizing a performance by The WannaBeatles and contributions by the National Association of Music Educators (MENC).

- RESOLUTION -

RESOLUTION NO. RS2009-658 (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. BL2009-411 (Mitchell)
Map & Parcel No./Owner:
155-122 Betty French & Mary & James Johnson
Requested by: Councilman Mitchell

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 Ordinance No. BL2005-543 to modify a condition pertaining to the restriction of access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (2009Z-015PR-001).

BILL NO. BL2009-412 (McGuire)

An ordinance amending Chapter 6.04 of the Metropolitan Code to prohibit the placement and distribution of unauthorized advertisements in publications.

BILL NO. BL2009-413 (Barry, Bennett)

An ordinance approving a memorandum of understanding between The Metropolitan Government of Nashville and Davidson County and Belmont University to create a Joint Information Center on the Belmont University campus in the event of a major disaster.

BILL NO. BL2009-414 (Forkum, Langster & others)
Approved by Planning Commission

An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A- WW and described below (Proposal No. 2009M-005PR-001).