Metro Seal

Agenda


Metropolitan Council Meeting
Tuesday, September 1, 2009
6:00 p.m. Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

President ProTempore
Election of Council President Pro Tempore for a one-year term ending August 31, 2010.

Audit Committee
Election of two Council members for two-year terms ending August 31, 2011.

Agricultural Extension Board
Reappointment of Mr. Thurman Rivers for a term expiring August 1, 2012.

Convention Center Commission
Reappointment of Ms. Erika Wollum Nichols for a term expiring June 7, 2012.

Historical Commission
Appointment of Mr. Bob Allen for a term expiring August 10, 2013.
Reappointment of Ms. E. Mennie’ Bell for a term expiring August 10, 2013.
Reappointment of Dr. Bill McKee for a term expiring August 10, 2013.

Tourism & Convention Commission
Reappointment of Mr. Johnny Walker for a term expiring June 30, 2012.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2009-499 (Burch, Gotto)
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 provide definitions for “common domestic farm animals” and “exotic animals”, all of which is more particularly described herein (Proposal No. 2009Z-015TX-001).

BILL NO. BL2009-510 (Holleman, LaLonde)
Referred to Planning Commission
and 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 modify regulations and standards applying to the keeping of domestic and exotic animals in Nashville and Davidson County, all of which is more particularly described herein (Proposal No. 2009Z-033TX-001).

BILL NO. BL2009-511 (Hunt)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
50-88 Anchor Holdings, LLC.
Requested by: Councilman Hunt

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 Specific Plan District approved by Substitute Ordinance No. BL2009-388 for property located at 3502 Dickerson Pike, approximately 3,255 feet north of Doverside Drive (2.88 acres), to allow automobile sales and automobile service as additional uses, all of which is described herein (Proposal No. 2009SP-003-002).

BILL NO. BL2009-512 (Stanley)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
96-14-291 John & Dawn Cunningham

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 R10 zoning for property located at Colfax Drive (unnumbered), approximately 250 feet south of Allen Road (0.3 acres), all of which is described herein (Proposal No. 2009Z-026PR-001).

BILL NO. BL2009-513 (Coleman)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
174-192 & Part of Parcels 2 and 230 Rivendell 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 a previously approved Council Bill BL2002-1223 to clarify which conditions of that ordinance apply to the Planned Unit Development proposed for property located at 765 Preston Road and a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, all of which is described herein (Proposal No. 2009Z-027PR-001).

BILL NO. BL2009-514 (Coleman)
Approved by Planning Commission (7-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
174-192 & Part of Parcels 2 and 230 Rivendell 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 making applicable the provisions of a request for preliminary approval for the Preston Hills Residential Planned Unit Development for property located at 765 Preston Road and for a portion of properties located at Preston Road (unnumbered), approximately 620 feet north of Old Franklin Road (13.89 acres), zoned RS10, to permit 42 single-family lots, all of which is described herein (Proposal No. 2009P-003-001).

BILL NO. BL2009-515 (Toler)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
181-46 Highpoint Investors 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 amending Council Bill BL2007-1409 for a portion of the previously approved High Point Specific Plan District located at 6640 Nolensville Pike, approximately 610 feet north of Concord Hills Drive (4.25 acres), to add "retail" as a permitted use in the SP district, all of which is more particularly described herein (Proposal No. 2007SP-040-001).

BILL NO. BL2009-516 (Cole)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
72-7-293 McGavock Pike Partners, LLC
Requested by: Matthew D. Charette

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 request for preliminary and final site plan approval for a proposed Planned Unit Development located at 1400 McGavock Pike, at the southeast corner of McGavock Pike and Riverside Drive, zoned CN (0.18 acres), to permit an existing 3,419 square foot restaurant an exemption from beer regulations requiring a 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-002-001).

BILL NO. BL2009-517 (Harrison)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
71-1 Part of Parcel 2 Reggie & Susan Perry
Requested by: NAI Nashville

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 for a portion of property located at 2506 Brick Church Pike, approximately 2,050 feet north of W. Trinity Lane (7.4 acres), all of which is described herein (Proposal No. 2009Z-029PR-001).

BILL NO. BL2009-518 (McGuire)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
117-2-60, 61 New Natchez Trace One Partners
Requested by: Metro Planning Dept & New Natchez Trace One 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 SP to RS10 zoning for properties located at 3017-A and 3019-A New Natchez Trace, approximately 290 feet north of Sterling Road (0.68 acres), all of which is described herein (Proposal No. 2009Z-025PR-001).

BILL NO. BL2009-519 (Toler)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
171-88 Eugene Rex Williams
Requested by: Anderson, Delk, Epps & 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 canceling a portion of the Williamsburg at Brentwood Planned Unit Development District Overlay on property located at 5845 Cloverland Drive, approximately 545 feet west of Saddlewood Lane, approved for six single-family lots (2.99 acres), zoned R40, all of which is described herein (Proposal No. 94P-016-001).

BILL NO. BL2009-521 (Jameson)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
83-10-10 Evolve Developers LLC
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 CN to SP zoning for property located at 1516 Ordway Place, at the southwest corner of Ordway Place and North 16th Street (0.12 acres), to permit a two-story mixed-use building with six residential dwelling units and 1,167 square foot of commercial/office spaces, located within the Five Points Redevelopment District and the Lockeland Springs Neighborhood Conservation Overlay, all of which is described herein (Proposal No. 2009SP-012-001).

BILL NO. BL2009-522 (Toler, Adkins)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
160-54, 223 Target Corporation & Brentwood Hills Associates, GP
Requested by: Councilman Toler

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 previously approved Planned Unit Development district for property abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified CL and approved for various retail, office and restaurant uses, to modify the condition pertaining to the use of $50,000 for improvements to Franklin Pike Circle, all of which is more particularly described herein (Proposal No. 94P-009-001).

BILL NO. BL2009-523 (Gilmore)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
81-12-309, 310, 311
81-12-N- 1, 2, 3, 4, 5, 6, 7, 8, 9, 900 Alpha Street Real Estate Development & Investments LLC
Requested by: Dale & Associates, 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 CN, MUL, and R6 to SP zoning for properties located at 1501 and 1505 9th Avenue North, 9th Avenue North (unnumbered), and 906 Cheatham Place, at the northwest corner of 9th Avenue North and Cheatham Place (0.77 acres), to permit a three-story, 38 unit multi-family complex, all of which is described herein (Proposal No. 2009SP-007-001).

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

RESOLUTION NO. RS2009-905 (Hunt, Claiborne & others)

A resolution recognizing and honoring Sergeant Mark Chesnut of the Metropolitan Nashville Police Department for his bravery in the line of duty.

RESOLUTION NO. RS2009-906 (Page)

A resolution recognizing Brenda Lee upon receiving the Recording Academy’s Lifetime Achievement Award.

RESOLUTION NO. RS2009-907 (Claiborne, Gotto, Stanley)

A resolution recognizing and congratulating McGavock High School’s Stacey C. Hinchman on being named the 2009-2010 “High School Teacher of the Year” for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2009-908 (Claiborne, Gotto, Stanley)

A resolution recognizing and congratulating Two Rivers Middle School Principal William (Bill) Moody on being named the 2009-2010 “Middle School Principal of the Year” for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2009-909 (Wilhoite, Murray & others)

A resolution recognizing the 100th Anniversary of the National Association for the Advancement of Colored People (NAACP).

RESOLUTION NO. RS2009-910 (Forkum)

A resolution recognizing and supporting the Native American Indian Association on their efforts to raise funds and to designate October as “Native American Indian Month” in Tennessee.

- RESOLUTION -

RESOLUTION NO. RS2009-911 (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. BL2009-529 (Toler, Forkum)

An ordinance approving an amendment and extension of the Recycling Services Agreement between The Metropolitan Government of Nashville and Davidson County and QRS, Inc., formerly Rivergate Recycling.

BILL NO. BL2009-530 (Langster, Forkum, Todd)

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system.

BILL NO. BL2009-531 (Langster, Forkum, Todd)

An ordinance authorizing the Director of Public Property, or his designee, to negotiate and enter a lease for the Metropolitan Government, for the use and benefit of the Greenway Commission, on a certain parcel of property for use in the greenway system.

BILL NO. BL2009-532 (Matthews, Langster & others)

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept donations of real property for use as part of the parks system (Proposal No. 2009M-014PR-001).

BILL NO. BL2009-533 (Langster, Forkum, Todd)

An ordinance authorizing the Director of Public Property, or his designee, to accept and record easements in favor of the Metropolitan Government, for the use and benefit of the Greenway Commission, on certain parcels of property for use in the greenway system (Proposal No. 2009M-081ES-001).

BILL NO. BL2009-534 (Toler)
Approved by Planning Commission
and Traffic & Parking Commission (8-0)
Requested by: Councilman Toler

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 an unnamed road from Holt Road southward to a dead end (Proposal No. 2009M-004AB-001).

BILL NO. BL2009-535 (McGuire, Gotto, Hodge)

An ordinance amending Chapter 17.04 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, to modify the definitions of “Family” and “Residence for handicapped, more than eight individuals” to clarify the individuals included in the definition (Proposal No. 2009Z-037TX-001).

BILL NO. BL2009-536 (Duvall)

An ordinance amending Chapter 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, to repeal the requirement that all amendments to the official zoning map or zoning regulations be submitted to the department of law for a statement as to legality (Proposal No. 2009Z-016TX-001).

BILL NO. BL2009-537 (Jameson, Tygard)

An Ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow artisan distilleries as a permitted use in the commercial core, core frame and industrial zoning districts, and to make a technical change to the land use tables pertaining to microbreweries (Proposal No. 2009Z-036TX-001).

BILL NO. BL2009-538 (Gotto, Page)

An ordinance amending Sections 6.54.010 and 17.04.060 of the Metropolitan Code pertaining to the definitions of adult/sexually oriented bookstores and video stores, all of which is more specifically described herein (Proposal No. 2009Z-017TX-001).

BILL NO. BL2009-539 (Steine)

An ordinance amending Section 5.16.070 of the Metropolitan Code pertaining to the forty-five dollar ($45.00) “victims assistance assessment” to remove Ujima House, Inc., as one of the programs to receive funds collected through the assessment.