Metro Seal

Agenda

Metropolitan Council Meeting
Tuesday, May 5, 2009
6:00 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Electrical Examiners & Appeals Board
Appointment of Mr. Don Wolfe for a term expiring April 15, 2013.

Emergency Communications District Board
Appointment of Mr. Jim Graves for a term expiring February 14, 2013.
Mr. Graves will represent School District 3.
Reappointment of Ms. Susan Mattson for a term expiring February 14, 2013.
Ms. Mattson will represent School District 8.

Farmers Market Board
Reappointment of Ms. Kay West for a term expiring December 19, 2014.

Board of Parks & Recreation
Appointment of Mr. George Anderson for a term expiring April 30, 2014.

Planning Commission
Reappointment of Mr. Stewart Clifton for a term expiring March 31, 2013.
Reappointment of Mr. Jim McLean for a term expiring March 31, 2013.

Plumbing Examiners & Appeals Board
Appointment of Mr. Graham Reed for a term expiring March 10, 2013.

Property Standards & Appeals Board
Appointment of Ms. Anna Shepherd for a term expiring August 6, 2012.

Social Services Commission
Reappointment of Bishop George Price for a term expiring April 3, 2014.

Solid Waste Regional Board
Reappointment of Ms. Gail Hughes for a term expiring December 15, 2014.

Traffic & Parking Commission
Reappointment of Ms. Debbie Frank for a term expiring April 30, 2014.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2008-325 (Murray)
Disapproved by Planning Commission (7-0)
Referred to 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. BL2008-359 (Ryman)
Disapproved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
33-116 Timothy & Shelley Tinnin

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 IWD zoning property located at 1216 Dickerson Pike, approximately 830 feet east of W. Campbell Road (1.84 acres), all of which is described herein (Proposal No. 2008Z-093G-02).

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. BL2009-395 (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. BL2009-410 (Murray)
Referred to Planning Commission
and Planning & Zoning Committee

An ordinance amending Chapter 17.16 of the Metropolitan Code, Zoning Regulations, to modify the land use development standards for "mobile vendor" as a use, all of which is more specifically described herein (Proposal No. 2009Z-002TX-001).

BILL NO. BL2009-416 (Claiborne, Bennett)
Approved by Planning Commission (7-0)
Referred to 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 occasional fundraising activity by nonprofit organizations (Proposal No. 2009Z-005TX-001).

BILL NO. BL2009-422 (Mitchell)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
156-7, 8 Eric & Beth Lewis

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 AR2a zoning for properties located at 7978 and 7984 Highway 100, approximately 700 feet east of Temple Road (6.97 acres), all of which is described herein (Proposal No. 2009Z-011PR-001).

BILL NO. BL2009-423 (Gilmore)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-7-378 Artmas L. Worthy

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 RM20 zoning for property located at 1817 Jo Johnston Avenue, approximately 430 feet west of Dr. D.B. Todd, Jr. Boulevard (0.13 acres), all of which is described herein (Proposal No. 2009Z-016PR-001).

BILL NO. BL2009-424 (Hunt)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
32-9, 136, 146 Reinhold Holtkamp et ux

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 to AR2a zoning for properties located at 4370 and 4412 Brick Church Pike and Brick Church Pike (unnumbered), at the southwest corner of Brick Church Pike and Jackson Road (84.51 acres), all of which is described herein (Proposal No. 2009Z-012PR-001).

BILL NO. BL2009-425 (Gilmore)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
82-9-327,328, 329, 330, 331, 332, 334 R & S Allen Family Limited Partnership
Requested by: MRK Development, 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 MUN zoning for properties located within the Phillips-Jackson Street Redevelopment District and Germantown Historic Preservation District at 312 Madison Street, 1200, 1208, 1210, 1214, 1216, and 1218 4th Avenue North, at the northeast corner of 4th Avenue North and Madison Street (1.38 acres), all of which is described herein (Proposal No. 2009Z-009PR-001).

BILL NO. BL2009-426 (Barry)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
104-8-64, 66, 67 Vanderbilt University

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 MUL to MUI zoning for properties located within the Hillsboro Village Urban Design Overlay at 1501, 1505, and 1507 21st Avenue South, at the southwest corner of 21st Avenue South and Pierce Avenue (1.27 acres), all of which is described herein (Proposal No. 2009Z-013PR-001).

BILL NO. BL2009-427 (Mitchell)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner
127 Part of Parcels 2, 249, 269 Edward Underwood et ux, Sydney Rogers, Sydney Bennett
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 changing from R80 to AR2a zoning for a portion of properties located at 7554 and 7578 Buffalo Road and Buffalo Road (unnumbered), approximately 2,800 feet north of Highway 70 (8.27 acres), all of which is described herein (Proposal No. 2009Z-020PR-001).

BILL NO. BL2009-428 (Gilmore)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
93-14-499 John & Gayle Horrell

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 property located at 809 5th Avenue South, approximately 150 feet south of Ash Street (0.69 acres), to permit wrecker service, auto repair and all other uses permitted in the CF zoning district, all of which is described herein (Proposal No. 2009SP-004-001).

BILL NO. BL2009-429 (Murray)
Approved by Planning Commission (7-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
82-8-137 C.R. & Sheridath Blackwood

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 RM15 zoning for property located within the Greenwood Neighborhood Conservation Overlay at 837 Cleveland Street, approximately 115 feet west of McFerrin Avenue (0.28 acres), all of which is described herein (Proposal No. 2009Z-010PR-001).

BILL NO. BL2009-430 (Holleman, Dominy)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner
103-16 Various Parcels, Various Owners
116-4, 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 changing from R40 to RS40 zoning along Ensworth Place and from R40 to RS40 zoning along Ensworth Avenue which is also located in the Woodlawn West Neighborhood Conservation Overlay District (48.34 acres), all of which is described herein (Proposal No. 2009Z-021PR-001).

BILL NO. BL2009-431 (Jernigan, Gotto)
Disapproved by Planning Commission (6-2-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
65-13-39 Harold Lanier et ux

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 for property located at 4801 Big Horn Drive, at the southeast corner of Big Horn Drive and Shshone Drive (0.38 acres), all of which is described herein (Proposal No. 2009Z-019PR-001).

BILL NO. BL2009-432 (Dominy)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2009Z-004TX-001).

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

RESOLUTION NO. RS2009-734 (Moore, Coleman)

A resolution honoring former Councilman Mansfield Douglas III.

RESOLUTION NO. RS2009-735 (Hunt, Matthews & others)

A resolution honoring the life of Dan Miller.

RESOLUTION NO. RS2009-736 (Steine)

A resolution recognizing and congratulating Donna Nicely, Director of Nashville Public Library, winner of the Public Library Association’s 2009 Charlie Robinson Award.

RESOLUTION NO. RS2009-737 (Duvall, Dominy & others)

A resolution recognizing and congratulating the Metropolitan Nashville Public Schools 2009-2010 “Teachers of the Year”.

RESOLUTION NO. RS2009-738 (Wilhoite)

A resolution recognizing and congratulating Nicole Rivers on being chosen the Metropolitan Nashville Public Schools 2009-2010 “Teacher of the Year” representative from Lakeview Elementary Design Center.

RESOLUTION NO. RS2009-739 (Wilhoite)

A resolution recognizing and congratulating Danielle Sells Frazier on being chosen the Metropolitan Nashville Public Schools 2009-2010 “Teacher of the Year” representative from Una Elementary.

RESOLUTION NO. RS2009-740 (Forkum, Gotto)

A resolution recognizing the Music City Chorus (Nashville Chapter of the Barbershop Harmony Society) on their accomplishments in music.

RESOLUTION NO. RS2009-741 (Evans, Gotto, Holleman)

A resolution recognizing the Metropolitan Government employees and board and commission members who are LEED AP (Leadership in Energy and Environmental Design – Accredited Professional) certified.

- RESOLUTION -

RESOLUTION NO. RS2009-742 (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. BL2009-442 (Ryman, Baker)

An ordinance amending Chapter 10.64 of the Metropolitan Code to amend the 2006 National Fire Protection Association Uniform Fire Code, 2006 Life Safety Code and miscellaneous NFPA Codes and Standards.

BILL NO. BL2009-443 (Craddock)

An ordinance amending Section 2.100.030 of the Metropolitan Code pertaining to the jurisdiction of the Transportation Licensing Commission to regulate certain activity within the area of the Metropolitan Government.

BILL NO. BL2009-444 (Gilmore, Toler & others)
Approved by Planning Commission

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 6849, with the State of Tennessee, Department of Transportation, Project No. 19010-2153-44, to construct 101260.00, Interstate Improvement & SR-12 (8th Avenue) in Nashville, located in Davidson County.

BILL NO. BL2009-445 (Toler, Forkum)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 09-SG-0008, Holt Road (Proposal No. 2009M-019ES-001).

BILL NO. BL2009-446 (Gotto, Toler, Claiborne)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation and acceptance for the purpose of acquiring easements, pumps and appurtenances for use in public projects of the Metropolitan Government, initially with relation to grinder pumps located at 2109 Christina Court, 2001 Rachael’s Spring Road, 2133 Christina Court, 2149 Christina Court, 309 Rachael’s Meadow Court, 2423 Pennington Bend Road, and 3813 Leona Pass.

BILL NO. BL2009-447 (Forkum, Toler)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in a public project described in the plans for 245, 247, 249, 251, and 253 Lovell Street.

BILL NO. BL2009-448 (Moore, Toler)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring easements for use in public projects described in the plans for 100 Athens Way, and 2136 Utopia Avenue.

BILL NO. BL2009-449 (Gilmore, Toler)
Approved by Planning Commission

An ordinance authorizing the acquisition of property by negotiation or condemnation and acceptance for the purpose of acquiring an easement for use in a public project described in the plans for 241 Haynes Park Drive (Proposal No. 2008M-160U-3).

BILL NO. BL2009-450 (Evans, Forkum & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for storm water projects located at 1809 and 1815 Dabbs Avenue, 6670 Charlotte Pike, 8002 Highway 100, 1100 and 1114 4th Avenue North, 2500 Hart Street, 900 River Bluff Drive, 5701 Old Harding Pike, Elm Hill Pike, 6922 Highway 70 South, 1716 Rosa L Parks Boulevard, 700, 702, and 708 Garfield Street, 1705, 1707, 1707 B, and 1709 7th Avenue North.

BILL NO. BL2009-451 (Forkum, Toler & others)
Approved by Planning Commission

An ordinance authorizing the acceptance of certain easements for stormwater projects located at 660 Massman Drive, 3786 Central Pike, 811 Gale Lane, 821, 823, 825 and 827 Lischey Avenue, 1124 Myatt Boulevard, 13000 Old Hickory Boulevard, Bellevue Road, 103 Bellevue Road, Old Hickory Boulevard, Old Hickory Boulevard, Old Hickory Boulevard, 1914 Charlotte Avenue, 521 Old Hickory Boulevard, 4221 Hurricane Creek Boulevard, 5821, 5825 and 5827 River Road, 6030 Dana Way, 74 Lester Avenue, 5109 Moss Road, McGavock Pike.

BILL NO. BL2009-452 (Harrison, Toler)
Approved by Planning Commission

An ordinance abandoning a 10 foot public drainage easement and a 35 foot public drainage easement that will be replaced by a variable width easement as shown on the attached exhibit in connection to Project 09-D-0007, Mid-South Development Corporation, shown on Map 070-12, Parcel 014.00, 100 Athens Way and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-007ES-001).

BILL NO. BL2009-453 (Toler, Baker)
Approved by Planning Commission

An ordinance abandoning an 8 inch sanitary sewer line and easement and accepting a relocated 8 inch sanitary sewer line and easement, and 3 manholes in connection Project 08-SL-0093, Hill Center, 6604 and 6616 Charlotte Pike, shown on Map 102, Parcels 33 and 53, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2008M-229U-7).

BILL NO. BL2009-454 (Moore, Toler)
Approved by Planning Commission

An ordinance abandoning a 10 foot public storm drainage easement and accepting a relocated 15 foot public drainage easement in connection Project 09-D-0003, Utopia Avenue, shown on Map 105-16, Parcel 141.00, 2136 Utopia Avenue and authorizing the execution of the documents to carry out said transaction (Proposal No. 2009M-006ES-001).

BILL NO. BL2009-455 (McGuire, Toler)
Approved by Planning Commission

An ordinance abandoning 181 feet of an existing 8 inch sanitary sewer line and easement and accepting 326 feet of relocated 8 inch sanitary sewer line and easement in connection with Project 09-SL-0004, shown on Map 117-10, Parcel 026.00, 3510 Echo Hill Drive Sewer Relocation and authorizing the execution of the documents to carry out said transaction (Proposal No.2009M-032ES-001).