Metro Seal

M I N U T E S

Metropolitan Council Meeting

Tuesday, May 4, 1999


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilmember Saletta Holloway.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver, and President West (40); Absent: Hollis (1).

The Minutes of the regular meeting of April 20, 1999 were approved.

President Pro Tem Beehan presided in the absence of President West at the opening of the meeting.

- ELECTIONS AND CONFIRMATIONS -

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 11.601 of the Metropolitan Charter, I hereby reappoint, subject to your confirmation, as a member of the Board of Fair Commissioners, the following eligible, qualified person:

Mr. Tom Curtis, 4400 Harding Road, Suite 400, Nashville, TN 37205.

Mr. Curtis' new term will expire August 6, 2004.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the reappointment of Mr. Curtis to the Board of Fair Commissioners. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

The Honorable Jay West, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Nashville, Tennessee 37201

Dear Vice Mayor West and Members of the Council:

Pursuant to Section 17.16.030 of the Metropolitan Code of Laws, I hereby reappoint, subject to your confirmation, as a member of the Board of Zoning Appeals, the following eligible, qualified person:

Mr. Floyd Price, 306 Gay Street, Suite 210, Nashville TN 37201.

This appointment will expire February 26, 2004.

Your earnest and prompt consideration of this appointment is appreciated.

Respectfully submitted,

/s/ Philip Bredesen
Mayor

The communication was received and read. Mr. French, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and recommended the reappointment of Mr. Price to the Board of Zoning Appeals. Mr. French moved to confirm the appointment, which motion was seconded and adopted by a unanimous vote of the Council.

CONSENT AGENDA
- RESOLUTIONS-

RESOLUTION NO. R99-1522

A resolution commending the Nashville Predators on their highly successful inaugural season.

RESOLUTION NO. R99-1523

A resolution recognizing May 2-8, 1999, as Nashville Tourism Week.

RESOLUTION NO. R99-1524

A resolution honoring the late John P. McGrath, Jr.

RESOLUTION NO. R99-1525

A resolution honoring Asa Scobey Rogers, Jr.

RESOLUTION NO. R99-1526

A resolution recognizing Mr. Jack Biggs and Metro Police Officer Russell G. Thompson for their outstanding service to the community.

RESOLUTION NO. R99-1527

A resolution honoring Mr. Richard D. Fletcher, Jr., for his service on the Metropolitan Board of Zoning Appeals. Mr. Steine requested permission to withdraw the resolution, which permission was granted by the unanimous vote of the Council.

RESOLUTION NO. R99-1528

A resolution honoring DeWitt Ezell upon his retirement from BellSouth Corporation.

RESOLUTION NO. R99-1529

A resolution recognizing Ms. Shirley Stuart upon her retirement from service with the Metropolitan Public School System.

RESOLUTION NO. R99-1530

A resolution honoring the Metro Teachers of the Year for 1998-99.

RESOLUTION NO. R99-1531

A resolution honoring Denny Brewington as founder of the "Music City Bowl".

RESOLUTION NO. R99-1532

A resolution recognizing Calina Cook for her outstanding contributions to the Metro Animal Control Facility.

RESOLUTION NO. R99-1533

A resolution recognizing Dr. Judy Torchia for her outstanding contributions to the Metro Animal Control Facility.

RESOLUTION NO. R99-1534

A resolution recognizing McMurray Middle School Student Brandi Sturm on winning First Runner-up from Davidson County in The Tennessean 1999 Regional Spelling Bee.

RESOLUTION NO. R99-1535

A resolution honoring Miss Lauren Elise Briggance Simpson. Mr. Black offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

The resolutions on the consent agenda were approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. French moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

- RESOLUTIONS -

RESOLUTION NO. R99-1536

A resolution approving the election of certain notaries public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Fentress, Lineweaver (37); "Noes" (0); "Abstaining" Turner (1).

Without objection the rules were suspended for consideration of two (2) late resolutions.

RESOLUTION NO. R99-1537

A resolution honoring Doctor Reginald Mazeres upon his retirement as Professor of Mathematics at Tennessee Technological University. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. French moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

RESOLUTION NO. R99-1538

A resolution honoring Happy Birdsong upon her retirement. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Varallo, Armistead, Steine, Ferrell, Waters, Patton, Black, Nollner, Majors, Harrison, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Douglas, Clifton, Sloss, Haddox, McCallister, Hand, Crafton, Johns, Kleinfelter, Arriola, Sontany, Hall, Holloway, Alexander, Jenkins, Turner, Fentress, Lineweaver (38); "Noes" (0).

- BILLS ON PUBLIC HEARING -

BILL NO. O98-1317

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 the Planned Unit Development District abutting the east margin of Old Hickory Boulevard, 140 feet south of Tolbert Road (3.10 acres), (Proposal No. 88P-045G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton moved to defer action on the bill so that an additional community meeting can be held, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O98-1318

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 District to CL District, property located on the east margin of Old Hickory Boulevard (unnumbered), approximately 100 feet south of the Old Hickory Boulevard/Tolbert Road intersection (3.10 acres), (Proposal No. 98Z-102G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton moved to defer action on the bill so that an additional community meeting can be held, the bill being requested by Heibert and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1549

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 Second Avenue North Historic Preservation District, an area measuring 34 feet by 22 feet for the Hard Rock Cafè property located at 108 Second Avenue North, at the corner of First Avenue North and Broadway (.02 acres), (Proposal No. 99Z-018U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Sloss requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Sloss moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded. After discussion, Mr. Hall called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. O99-1552

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 District to OR20 District properties at 1015, 1017, 1021, 1023, 1025, 1027, 1031, 1033 and 1037 Scovel Street, approximately 200 feet east of 11th Avenue North (1.38 acres), (Proposal No. 99Z-002U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Haddox requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Haddox moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1573

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 and amending a portion of the Planned Unit Development District located abutting the southeastern margin of Interstate 40, 1,300 feet northeast of Old Hickory Boulevard, (Proposal No. 97P-029G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council, with Mr. Lineweaver abstaining.

BILL NO. O99-1589

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 removing 70 historic residential properties (43 historic properties built prior to 1940 and 27 non-historic built from 1940 to the present) from the Woodland in Waverly Historic Zoning Overlay District (Proposal No. 99Z-034U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Douglas requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in opposition to passage of the bill. The President declared the public hearing closed. Mr. Douglas offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Douglas moved to defer the bill to the second regular meeting in June so that a community meeting can be held, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1603

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 District to CC District property at 223 8th Avenue North, on the south margin of Union Street (.26 acres), (Proposal No. 99Z-043U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Sloss requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Sloss moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1604

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 District to OG District properties at 1300 and 1309 1st Avenue South, Willow Street (unnumbered), 14, 16, 17, 19, 21, 23, and 36 Hart Street, approximately 100 feet west of Lewis Street (1.43 acres), (Proposal No. 99Z-046U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Sloss requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Sloss moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1605

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 District to MUL District property at 1113 Woodland Street, on the west margin of South 12th Street (.19 acres), (Proposal No. 99Z-025U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Beehan requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Beehan moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1606

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 District to RS10 District property at 5821 Edmondson Pike, approximately 200 feet north of Frontier Lane (4 acres), (Proposal No. 99Z-023U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Jenkins requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Jenkins moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1607

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 District to RM40 District property at 18th Avenue South (unnumbered), approximately 200 feet north of Capers Avenue (.26 acres), (Proposal No. 99Z-032U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Clifton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Clifton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1608

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 RS7.5 District to CS District a portion of property approximately 300 feet west of Dickerson Pike and immediately north of Briley Parkway (3.54 acres), (Proposal No. 99Z-027G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Majors requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Majors moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1609

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 RS7.5 District and IWD District to CS District properties at 3466 Dickerson Pike and Dickerson Pike (unnumbered), immediately north of Briley Parkway (43.42 acres), (Proposal No. 99Z-028U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Majors requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Majors moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1610

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 Neighborhood Conservation Overlay District on properties between Wilson Boulevard, Woodlawn Drive, Brighton Road, and Ensworth Avenue, along a portion of the western margin of Ensworth Avenue (43.08 acres), (Proposal No. 99Z-026U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Kleinfelter requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Kleinfelter offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Kleinfelter moved to pass the bill on second reading as amended and re-refer it to the Planning Commission, which motion was seconded. Mr. Harrison moved to defer the bill and re-refer it to the Planning Commission, which motion was seconded. Mr. Dale moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. After discussion, Mr. Clifton called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. O99-1611

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 rezoning 84 properties in the Hillsboro Village area (23.19 acres) from CL to MUL District (12.15 acres), OR20 to MUL District (7.75 acres), RM40 to MUL District (.18 acres) and OR20 to MUN District (3.11 acres), (Proposal No. 99Z-033U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Clifton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Clifton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1612

An ordinance amending Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, by making applicable to various parcels in Hillsboro Village along portions of 19th, 20th and 21st Avenues South, and portions of Blakemore, Wedgewood, Belcourt, and Acklen Avenues (23.19 acres), classified RM40, OR20 and CL and proposed for MUN and MUL, the provisions of the Urban Design Overlay District, (Proposal No. 99Z-035U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Clifton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Mr. Clifton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1613

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 District to RM9 District properties at 661 Westboro Drive and Westboro Drive (unnumbered), at the eastern terminus of Freedom Drive (1.21 acres), (Proposal No. 99Z-024U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Hand requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and a citizen was heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Hand moved to rescind the previous action and re-open the public hearing, which motion was seconded and adopted without objection. Citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Hand moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1614

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.20.040 (Parking Requirements for CC, MUI and CF Districts) by reducing the number of required parking spaces for uses located in redevelopment areas within certain portions of the I-40/I-65/I-265 inner loop, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Sloss requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Sloss offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Sloss moved to pass the bill on second reading as amended, and refer to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded. Mr. Clifton moved to amend the motion to refer the bill to the Traffic and Parking Commission, which motion was seconded and adopted without objection. The matter recurred on the motion to pass, which motion was adopted by a voice vote of the Council.

BILL NO. O99-1615

An ordinance to amend Chapter 17.36 (Overlay Districts), Chapter 17.12 (District Bulk Regulations) and Chapter 17.32 (Sign Regulations) of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, (99Z-003T), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Clifton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Clifton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1616

An ordinance to amend Chapter 17.04 (General Provisions and Definitions), Chapter 17.08 (Zoning Districts and Land Uses), Chapter 17.16 (Land Use Development Standards) of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, (99Z-007T), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Clifton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Clifton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1617

An ordinance to amend Chapter 17.12 (District Bulk Standards) of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, (99Z-008T), all of which is more particularly described herein. The bill was approved by the Planning Commission with an amendment. Mr. Dale requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Dale offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dale moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1621

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 the undeveloped Planned Unit Development District abutting the north margin of Old Wedgewood Avenue, 370 feet east of Eighth Avenue South (.77 acres), (Proposal No. 91P-010U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Douglas requested permission to withdraw the bill inasmuch as he had never been contacted by the petitioner Craighead Development, LLC, which permission was granted without objection.

BILL NO. O99-1622

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 R80 Districts to RS10 District properties at 14346, 14360, 14372 and 14378 Old Hickory Boulevard, approximately 700 feet south of Barnes Road (73.94 acres), (Proposal No. 99Z-022G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Alexander requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Alexander moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1623

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 the undeveloped Planned Unit Development District located east of Old Hickory Boulevard and south of Mill Creek, (Proposal No. 77-80-G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Alexander requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Alexander moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1624

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 to RS15 District properties at 5940, 5988, 6000 and 6020 Mt. Pisgah Road and Mt. Pisgah Road (unnumbered), approximately 1,000 feet east of Edmondson Pike (49.8 acres), (Proposal No. 99Z-030G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Alexander requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Alexander offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander moved to pass the bill on second reading as amended, and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1625

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 District to IR District properties at 803 and 807 19th Avenue North, on the south margin of Britt Place (.39 acres), (Proposal No. 99Z-019U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. McCallister requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. McCallister moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1626

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 SCC District to CS District property at 2710 Old Lebanon Pike, at northwest corner of Old Lebanon Pike and Cliffdale Drive (6.17 acres), (Proposal No. 99Z-037U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Dale moved to defer action on the bill, the bill being requested by Colliers, Turley, Martin Tucker Real Estate, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1627

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 District to RM9 District properties at 2400 and 2420 Murfreesboro Pike, Murfreesboro Pike (unnumbered), Rychen Drive (unnumbered), Broadview Drive (unnumbered), and Sleepy Hollow Drive (unnumbered), approximately 1,300 feet south of Nashboro Boulevard (17.84 acres), (Proposal No. 99Z-031U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Hall requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. Petitions were filed in opposition to passage of the bill. The President declared the public hearing closed. Mr. Hall moved to defer action indefinitely because of community opposition, the bill being requested by Crosland, Patton, Smith LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1628

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 District to OL District property at 7716 George E. Horn Road, abutting the east margin of Harpeth Valley Road (5.95 acres), (Proposal No. 99Z-040G), all of which is more particularly described herein. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1629

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 District to RM4 District property at Charlotte Pike (unnumbered), located at the southeast corner of Sawyer Brown Road and Charlotte Pike, (4.77 acres), (Proposal No. 99Z-045G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Crafton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. A document was filed for the record. Mr. Crafton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. The bill was approved by the Planning Commission as amended. Mr. Crafton moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1630

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 District to OR20 District property located at Collier Avenue (unnumbered), approximately 300 feet east of Nolensville Pike (.72 acres), (Proposal No. 99Z-017U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Graves requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Graves moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1631

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 the undeveloped Planned Unit Development District abutting the north margin of Whitsett Road, 0 feet east of Whitsett Elementary School (2.43 acres), (Proposal No. 33-86-P), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Graves requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Graves moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1632

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 District to RM2 District property at 4151 Andrew Jackson Parkway and Route 2 Chandler Road (52.42 acres), (Proposal No. 99Z-041G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Ponder requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ponder moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1633

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 District to OL District property at 6479 Old Hickory Boulevard, approximately 1,800 feet north of Clarksville Pike (4.27 acres), (Proposal No. 99Z-038G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Patton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Ms. Patton moved to withdraw the bill due to community opposition and Planning Commission disapproval, the bill being requested by Jack S. McCawless, Jr., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1634

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 District to CS District properties at 4916 Nolensville Pike and Nolensville Pike (unnumbered), on the south margin of Fairlane Drive (4.32 acres), (Proposal No. 99Z-029U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Varallo requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Varallo moved to defer action on the bill so that a neighborhood meeting could be held, the bill being requested by Rick Blackburn, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1635

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 District to CS District property at 1202 and 1204 Brick Church Pike and Brick Church Pike (unnumbered), approximately 100 feet south of Fern Avenue (.73 acres), (Proposal No. 99Z-021U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Black requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Black moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1636

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 and amending the existing Planned Unit Development District abutting the north margin of Shacklett Drive at Donelson Pike (.05 acres), (Proposal No. 89P-006U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Dale moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1637

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 to property abutting the west margin of Edmondson Pike, opposite Frontier Lane (26.78 acres), classified RS10 and with a portion classified R40 and proposed for RS10 district, the provisions of a Planned Unit Development District, (Proposal No. 99P-002U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Jenkins requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Jenkins moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1638

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 Planned Unit Development District located at 13011 Old Hickory Boulevard, abutting the northeast corner of I-24 and Old Hickory Boulevard (31.44 acres), (Proposal No. 89-67-G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Patton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Patton, in the absence of the sponsor, moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1639

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 District to RS20 District property at 8263 and Route 5 Highway 100, opposite Stonemeade Drive (21.87 acres), (Proposal No. 99Z-036G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Lineweaver requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record in opposition and in favor of the bill. The President declared the public hearing closed. Mr. Lineweaver moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1640

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 Planned Unit Development District located abutting the south margin of Highway 100, opposite Stonemeade Drive, (Proposal No. 93P-016G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Lineweaver requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record in opposition and in favor of the bill.The President declared the public hearing closed.  Mr. Lineweaver moved to pass the bill on second reading and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1641

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.12.020 by changing the floor area ration in the IWD zone district, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dale requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Dale offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dale moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1642

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of The Metropolitan Government of Nashville and Davidson County, relating to permitting consignment sales in residential areas, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Ponder requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Ponder offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ponder moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1643

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of The Metropolitan Government of Nashville and Davidson County, all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Waters requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Mr. Waters offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Waters moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1644

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, relating to permitting camps in agricultural areas zoned AG and AR2a districts, (99Z-010T), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Patton requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms. Patton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. The bill was approved by the Planning Commission as amended. Ms. Patton moved to pass the bill on second reading as amended and refer it to the Planning, Zoning, Historical and Port Authority Committee, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON FIRST READING -

BILL NO. O99-1654

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley 1143, an unimproved alley extending south of Nevada Avenue, west of 33rd Avenue North and terminating at parcel 416.01 on tax map 92-13, (Proposal No. 99M-014U), all of which is more particularly described herein. In the absence of the sponsor the bill was deferred.

BILL NO. O99-1655

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 District to OR20 District property at 2825 Hartford Drive, on the north margin of Thompson Lane (.46 acres), (Proposal No. 99Z-014U), all of which is more particularly described herein. In the absence of the sponsor the bill was deferred.

BILL NO. O99-1656

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 District to ORI District property at 1310 Gallatin Pike, approximately 160 feet south of Strouse Avenue (.19 acres), (Proposal No. 99Z-042U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council. The Clerk was directed to advertise the bill as required by law.

BILL NO. O99-1657

An ordinance amending Ordinance No. O93-685 by changing the nullification fee from Nine Dollars ($9) to Twelve Dollars ($12). Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. O99-1658

An ordinance authorizing the Metropolitan General Sessions Court to run Metro's Pre-Trial Release Program and to impose a supervision fee on all non-indigent defendants utilizing the program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.