Metro Seal

Agenda


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


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- PROPOSED RULES AMENDMENT-

Proposed amendments to Rule Nos. 41, 47 and 51 of the Rules of Procedure of the Metropolitan Council.

- ELECTIONS AND CONFIRMATIONS -

Charter Revision Commission
Appointment of Mr. Francis Guess for a term expiring September 4, 2013.
Reappointment of Mr. Hal Hardin for a term expiring September 4, 2013.
Appointment of Mr. Jim Murphy for a term expiring September 4, 2013.
Appointment of Ms. Susan Short Jones for a term expiring September 4, 2013.
Appointment of Mr. David Wilson for a term expiring September 4, 2013.

Convention Center Commission
Appointment of Ms. April Lassiter for a term expiring June 7, 2012.

Transportation Licensing Commission
Reappointment of Mr. Ed Whitmore for a term expiring October 10, 2011.

- BILLS ON PUBLIC HEARING -

BILL NO. BL2009-463 (Tygard)
Disapproved by Planning Commission (10-0)
Referred to Planning & Zoning Committee

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to designate electronic display signs as a permitted use or a special exception use in certain zoning district, and to add standards for electronic display signs, all of which is more particularly described herein (Proposal No. 2009Z-008TX-001).

SUBSTITUTE BILL NO. BL2009-511 (Hunt)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
50-88 Anchor 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 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 permit Automobile Sales (new) Automobile Sales (used), Automobile Service, Car Wash, Vehicular Sales and Services, Vehicle Rental/Leasing and Heavy Equipment Repair and all other uses permitted in the CS zoning district as additional uses, all of which is described herein (Proposal No. 2009SP-003-002).

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. BL2009-535 (McGuire, Gotto, Hodge)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

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)
No recommendation Planning Commission (6-0)
Referred to Planning & Zoning Committee

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)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

An ordinance amending Chapters 17.04 and 17.08 of Title 17 of the Metropolitan Code, Zoning Regulations, to 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)
Approved by Planning Commission (6-0)
Referred to Planning & Zoning Committee

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. BL2009-552 (Claiborne)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to permit adaptive reuse of commercial areas in the proposed Downtown Donelson Urban Design Overlay District, all of which is more particularly described herein (Proposal No. 2009Z-034TX-001).

BILL NO. BL2009-553 (Claiborne)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
96-9-226 Richard A. Halstead, Alan Edgin & J.A. Vaughn
Requested by: Oliver Architecture

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 Whitland Crossing Planned Unit Development located on property at 420 Donelson Pike, approximately 210 feet south of Lakeland Drive (1.99 acres), zoned CL, to permit an 18,900 square foot office building where an 8,000 square restaurant was previously approved, all of which is more particularly described herein (Proposal No. 2005P-033-001).

BILL NO. BL2009-554 (Gilmore)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner/Requested by:
92-8-80 George S. Morgan, 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 R6 to SP zoning for property located at 1812 Pearl Street, at the northeast corner of Pearl Street and 19th Avenue North (0.16 acres), to permit an office and one single-family dwelling unit within the existing structure containing 924 square feet, all of which is described herein (Proposal No. 2009SP-016-001).

BILL NO. BL2009-555 (Coleman)
Approved by Planning Commission (4-2)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
175-154, 166; 176-35, 51 Harold & Hermena Holigan
Requested by: Littlejohn Engineering Assoc.

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 (Hickory Woods) to SP (Stones River Senior Living Community) zoning for properties located at 4222 Murfreesboro Pike, Murfreesboro Pike (unnumbered) and LaVergne Couchville Pike (unnumbered), at the southeast corner of LaVergne Couchville Pike and Murfreesboro Pike (13.09 acres), zoned SP, to permit a 77,000 square foot 124-bed skilled nursing facility and a 79,400 square foot 104-bed assisted-living facility, all of which is described herein (Proposal No. 2009SP-026-001).

BILL NO. BL2009-556 (Hunt)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
50-16 Part of Parcels 9 & 10 Charles & Jo Evans
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 changing from CL to RS10 zoning for a portion of properties located at 381 and 385 Oakview Drive, on the western side of Dickerson Pike (1.49 acres), all of which is described herein (Proposal No. 2009Z-033PR-001).

SUBSTITUTE BILL NO. BL2009-557 (Dominy)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
134-4; 134-8; 135-01; 135-01-A; 135-01-B; 135-05 Various Parcels, Various Owners
Requested by: Councilman Dominy and Airport Authority

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 RS10 zoning for properties located east of Ezell Pike along Carillon Drive, Southwind Drive, Town Park Drive, Citation Drive, Citation Court, Ladybird Court, Ladybird Drive, Honeyhill Drive, Honeyhill Court, Melvin Jones Drive and D’Ville Drive (101.51 acres), all of which is described herein (Proposal No. 2009Z-034PR-001).

BILL NO. BL2009-558 (Jernigan, Steine)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
44-14--A-1, 2, 3, 4, 5; 53-51 Charles Kotlaris & Riverfront Dev. Ltd. Partnership
Requested by: Littlejohn Engineering Assoc.

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 MUN zoning for properties located within a portion of the Riverfront Shopping Center Planned Unit Development Overlay at 1220, 1230, 1246 and 1250 Robinson Road and at Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive (13.49 acres), all of which is described herein (Proposal No. 2009Z-031PR-001).

BILL NO. BL2009-559 (Jernigan, Steine)
Approved by Planning Commission (8-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
44-14--A-1, 2, 3, 4, 5; 53-51 Charles Kotlaris & Riverfront Dev. Ltd. Partnership
Requested by: Littlejohn Engineering Assoc.

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 Riverfront Shopping Center Planned Unit Development located at 1220, 1230, 1246, and 1250 Robinson Road and Robinson Road (unnumbered), approximately 250 feet north of Martingale Drive, zoned R10 and proposed for MUN (13.49 acres), to permit a 96,830 square foot nursing home containing 159 beds and an 899 square foot accessory structure, all of which is more particularly described herein (Proposal No. 103-79P-001).

BILL NO. BL2009-560 (Claiborne, Stanley)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
84-15; 84-16; 85-13; 95-3; 95-4; 96-1; 96-2, 900 Various Parcels, Various Owners
Requested by: Councilmembers Claiborne and Stanley

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 Urban Design Overlay (UDO) district to be known as the "Downtown Donelson UDO" to properties located on Lebanon Pike from Briley Parkway to Stewarts Ferry Pike, and on Old Lebanon Pike, J.B. Estille Drive, Donelson Pike, Fairway Drive, McGavock Pike, Crump Drive, Park Drive, Graylynn Drive, Cliffdale Drive, and Benson Road (229.35 acres), to establish sign and development standards, all of which is more particularly described herein (Proposal No.2009UD-001-001).

BILL NO. BL2009-561 (Hunt)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
49-140, 200.01, 319 Fontanel Properties LLC
Requested by: Edge Planning/Landscape Architecture

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 R15 and RS20 to SP zoning for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), to convert the existing residence into a regional tourist attraction known as "Plowboy Mansion" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, shuttle bus transportation around the facility, and memorabilia museum, all of which is described herein (Proposal No. 2009SP-022-001).

BILL NO. BL2009-562 (Hunt)
Referred to Planning Commission
and Planning & Zoning Committee
Map & Parcel No./Owner:
49-140, 200.01, 319 Fontanel Properties LLC
Requested by: Edge Planning/Landscape Architecture

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 Neighborhood Landmark Overlay for properties located at 4105, 4125, and 4225 Whites Creek Pike, approximately 1,000 feet north of Lloyd Road (136.04 acres), zoned as R15 and RS20, to allow for the conversion of the existing residence into a regional tourist attraction known as "Plowboy Mansion" to permit special events, restaurant, tours of the residence, artisan distillery and micro-brewery, visitor center, specialty retail, seasonal performance entertainment venue, shuttle bus transportation around the facility, and memorabilia museum, all of which is described herein (Proposal No. 2009NL-001-001).

BILL NO. BL2009-563 (Toler)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
160-44 Highwoods Realty Limited Partners
Requested by: Barge Cauthen & Assoc.

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 OR40 to MUL zoning for property located within a portion of the Seven Springs Planned Unit Development Overlay at 330 Seven Springs Way, opposite Cloverland Drive (10.94 acres), all of which is described herein (Proposal No. 2009Z-028PR-001).

BILL NO. BL2009-564 (Toler)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
160-44, 243 Highwoods Realty Limited Partners
Requested by: Barge Cauthen & Assoc.

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 Seven Springs Planned Unit Development located on property at 310 and 330 Seven Springs Way, opposite Cloverland Drive (22.94 acres), zoned OR40 and proposed for MUL for a portion of the amended area, to permit 659,920 square feet of office uses and 58,918 square feet of retail and restaurant uses for a total of 718,838 square feet in the amended portion of the PUD, where 499,169 square feet of office space was previously approved, all of which is more particularly described herein (Proposal No. 98P-007-001).

BILL NO. BL2009-565 (LaLonde)
Approved by Planning Commission (7-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
104-7-391 Blakemore Primitive Baptist Church
Requested by: Cook-Land LLC & Polifio

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 RM40 to SP zoning for property located at 2411-B Blakemore Avenue, approximately 330 feet west of 24th Avenue South (0.20 acres), to permit an existing religious institution to be converted to an events hall or used as multi-family residential at a RM40 density (as currently zoned), all of which is described herein (Proposal No. 2009SP-021-001).

BILL NO. BL2009-566 (Wilhoite)
Approved by Planning Commission (6-0-1)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
135-334 Benno Von Hopffgarten
Requested by: Looney Ricks Kiss 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 for property located at 2518 Old Smith Springs Road, approximately 1,090 feet east of Ned Shelton Road (2.29 acres), to permit a single-family residence with guest house, and detached garage, and up to 7,600 square feet of office use, all of which is described herein (Proposal No. 2009SP-013-001).

BILL NO. BL2009-567 (Gilmore)
Approved by Planning Commission (10-0)
Referred to Planning & Zoning Committee
Map & Parcel No./Owner:
92-4-335, 381 Barry Walker
Requested by: Corsair Artisan 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 CF to SP zoning for properties located at 1200 and 1310 Clinton Street, at the northwest corner of Clinton Street and 12th Avenue North (2.2 acres), to permit an existing facility to be utilized for all uses permitted by the CF zoning district as well as the manufacturing and warehousing of alcoholic beverages not to exceed 1,000 barrels per month (a barrel being 55 gallons), all of which is described herein (Proposal No. 2009SP-023-001).

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

RESOLUTION NO. RS2009-1013 (Wilhoite)

A resolution recognizing Mark Macy, Director of Engineering, Metropolitan Public Works Nashville, winner of the Frank Kirk Meritorious Service Award.

RESOLUTION NO. RS2009-1014 (Wilhoite)

A resolution recognizing Beverly Gillespie, former Office Manager, Engineering Division, Metropolitan Public Works Nashville, winner of the Roger Clark Award.

RESOLUTION NO. RS2009-1015 (Mitchell)

A resolution recognizing Bellevue’s Peggy Nolte on winning the 2009 Junior Achievement of Middle Tennessee’s Teacher of the Year award.

RESOLUTION NO. RS2009-1016 (Langster, Wilhoite)

A resolution recognizing Mr. Joe Goldthreate, Executive Director of the Hadley Park Junior Tennis Development Program, on the occasion of his retirement.

RESOLUTION NO. RS2009-1017 (Moore)

A resolution recognizing the fifty-fifth anniversary of the founding of the Cameron High School ‘Mighty Panthers’ Men’s Varsity Basketball Program.

RESOLUTION NO. RS2009-1018 (Gilmore, LaLonde, Wilhoite)

A resolution recognizing Rose Park Math and Science Magnet Middle School on being named a 2009 National Blue Ribbon School Award winner by the United States Department of Education.

- RESOLUTION -

RESOLUTION NO. RS2009-1019 (Page)
Referred to Rules Committee

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

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2007-85 (Mitchell)
Map & Parcel No./Owner:
126-16-0-B, Various Parcels Corinthian Homes Inc.
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 canceling a portion of the Riverwalk Planned Unit Development district located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road, (58.48 acres), approved for 61 multi-family dwelling units, all of which is described herein (Proposal No. 2000P-003G-06).

BILL NO. BL2007-86 (Mitchell)
Map & Parcel No./Owner:
126-10-0-B, Various Parcels Corinthian Custom Homes Inc.
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 RM2 to RS40 property located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road and located within a Planned Unit Development Overlay (58.48 acres), all of which is described herein (Proposal No. 2007Z-184G-06).

BILL NO. BL2009-573 (Hunt)

An ordinance amending Section 10.64.015 of the Metropolitan Code pertaining to the sprinkler requirement for existing bars with live entertainment.

BILL NO. BL2009-574 (Steine)

An ordinance granting a franchise to DukeNet Communications, LLC, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26.

BILL NO. BL2009-575 (Mitchell)
Approved by Planning Commission

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming Old River Road Pike between River Road Pike and River Road Pike just southeast of Biggs Road, as “Horton Hollow Lane” (Proposal No. 2009M-003SR-001).

BILL NO. BL2009-576 (Garrett, Hunt, Steine)
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 07-SG-0181, Rockwood, 1316 Tulip Grove Road, 1310 Tulip Grove Road, Old Hickory Boulevard, Weber Road, Dodson Chapel Road, Central Pike (Proposal No. 2009M-080ES-001).

BILL NO. BL2009-577 (Claiborne, LaLonde, Steine)
Approved by Planning Commission

An ordinance approving a lease between the Metropolitan Nashville Public Schools and the Simon Youth Foundation for space to be used for the Academy at Opry Mills Education Resource Center (Proposal No. 2009M-020PR-001).