Metro Seal

M I N U T E S

Metropolitan Council Meeting

Thursday, July 8, 1999


The Metropolitan Council met in adjourned 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, Harrison, Beehan, Campbell, Hart, Dillard, Garrett, Wooden, Ponder, French, Stanley, Dale, Graves, Sloss, Haddox, McCallister, Hand, Arriola, Sontany, Holloway, Alexander, Jenkins and Lineweaver (30); Absent: Majors, Douglas, Clifton, Crafton, Johns, Kleinfelter, Hall, Hollis, Turner, Fentress, President West (11).

The Minutes of the regular meeting of July 6, 1999 were approved.

President Pro Tem Beehan presided in the absence of Mr. West.

- BILLS ON PUBLIC HEARING -

BILL NO. O99-1727

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. Armistead, in the absence of the sponsor, 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. A petition was filed in opposition to the bill. The President declared the public hearing closed. Mr. Armistead moved to defer action indefinitely on the bill at the request of the sponsor, the bill being requested by Jullian Etherington, Alison Rohr and Mitzi Delay, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1728

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 RS40 District property at Ashland City Highway (unnumbered), approximately 500 feet east of Amy Lynn Drive (1 acre), (Proposal No. 99Z-085G), 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 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. O99-1729

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 IWD District to MUG District property at Great Circle Road (unnumbered), approximately 1,200 feet east of Athens Way (4.86 acres), (Proposal No. 99Z-070U), 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. O99-1730

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 CL District property at 2791 Pennington Bend Road, approximately 900 feet north of Pleasant Green Road (.41 acres), (Proposal No. 99Z-054U), 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 citizens were heard in favor of and in opposition to passage of the bill. A petition was filed in opposition to bill. The President declared the public hearing closed. Mr. Dale moved to defer action on the bill, the bill being requested by Mark and Kelly Morris, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1731

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 CA District to CL District property at 2506 Music Valley Drive, approximately 400 feet north of Music City Circle (2.20 acres), (Proposal No. 99Z-073U), all of which is more particularly described herein. The bill was disapproved 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 Gerald Anderson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1732

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan and canceling a portion (Phase 4) of an undeveloped lot out of the Planned Unit Development District located abutting the west margin of Music Valley Drive, 320 feet north of Music City Circle, classified CA District and proposed for CL District (2.20 acres), (Proposal No. 5-73-G), all of which is more particularly described herein. The bill was disapproved 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 Gerald Anderson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1733

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 Pineview Lane, abutting the southern terminus of Windy Pine Drive, approximately 400 feet north of Kinhawk Drive (59.01 acres), (Proposal No. 99Z-071G), 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. A petition was filed in favor 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. O99-1734

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 phase of the Planned Unit Development District located on the south margin of Old Hickory Boulevard at the southern terminus of Woodlands Avenue to permit 150 townhomes replacing 152 single-family lots, classified R15 District and proposed for RM4 District, (59.01 acres), (Proposal No. 122-83-U), all of which is more particularly described herein. 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. A petition was filed in favor 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. O99-1735

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 RS10 District properties at 1041, 1065, 1042, and 1026 Redmond Court, and 6461, 6547, and 6549 Holt Road and Holt Road (unnumbered), approximately 600 feet east of Redmond Lane (72.21 acres), (Proposal No. 99Z-061G), 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. A petition was filed in opposition to the bill. The President declared the public hearing closed. Mr. Alexander moved to defer action on the bill indefinitely to enable opponents to the proposal to meet further with the developers, the bill being requested by Batson and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1736

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 OR40 District properties at 1310 and 1314 Briarville Road (opposite Worth Street) and from R10 District to RM9 District properties at Cheron Road (unnumbered), (8.23 acres), (Proposal No. 99Z-065G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Harrison 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. Harrison 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. O99-1737

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 District to CL District property at North Hydes Ferry Road (unnumbered), abutting the north margin of County Hospital Road (.12 acres), (Proposal No. 99Z-087U), 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. O99-1738

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 SCC District property at 5916 Mt. View Road and a portion of properties at 3514 Pin Hook Road, 3510 and Route 2 Murfreesboro Pike, on the south margin of Mt. View Road and the north margin of Pin Hook Road (25.76 acres), (Proposal No. 99Z-064G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Holloway 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. President declared the public hearing closed. Ms. Holloway offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Holloway 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. O99-1739

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 RM20 District properties at 2946, 2952 and 2984 Baby Ruth Lane and Baby Ruth Lane (unnumbered), approximately 1,200 feet north of Mt. View Road (2.67 acres), (Proposal No. 99Z-069U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Holloway 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, citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Ms. Holloway moved to defer action on the bill indefinitely at the request of the sponsor, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1740

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 District to RM4 District properties at 553 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 1,300 feet south of Tolbert Road (3.71 acres), (Proposal No. 99Z-068G), 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 The Mathews Company, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1741

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 IR District property at 12757 Old Hickory Boulevard, approximately 1,000 feet south of Murfreesboro Pike (3.28 acres), (Proposal No. 99Z-052G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway 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. Holloway 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. O99-1742

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 IWD District to CS District a portion of property at 2737 Murfreesboro Pike, and all of the properties at 2761 and 2737 Murfreesboro Pike, 2450 Morris Gentry Boulevard and Morris Gentry Boulevard (unnumbered), opposite Forest View Drive (8.21 acres), (Proposal No. 99Z-057U), all of which is more particularly described herein. The bill was approved by the Planning Commission. Ms. Holloway 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. Holloway moved to defer action on the bill, the bill being requested by Priest Lake Storage, LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1743

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 west margin of Rural Hill Road and the south margin of Pebble Creek Drive (132.47 acres), to eliminate the continuation of a proposed collector road through the undeveloped portion of the PUD and its proposed connection with Pebble Creek Drive, and to reconfigure six single-family lots, while maintaining the same number of lots (Proposal No. 28-79-G), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Ms. Holloway 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. Holloway filed a document for the record. Ms. Holloway 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. O99-1744

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 RS40 District property at 7500 Wilkinson Road, abutting the north margin of Morgan Road (71.79 acres), (Proposal No. 99Z-063G), 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Patton 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. O99-1745

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 ON District to RS7.5 District properties at 422 and 424 Spence Lane, approximately 870 feet north of Elm Hill Pike (1.45 acres), (Proposal No. 99Z-095U), 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1746

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 RS20 District to RM9 District property at Selma Avenue (unnumbered), approximately 400 feet west of Fairway Drive (4.85 acres), (Proposal No. 99Z-055U), all of which is more particularly described herein. The bill was disapproved 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 citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Dale moved to withdraw the bill, the bill being requested by W. H. Dorris and R.B. Huffine, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1747

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 CL District property at 2501 Crossfield Drive, abutting the east margin of McGavock Pike (.37 acres), (Proposal No. 99Z-081U), all of which is more particularly described herein. The bill was disapproved 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Dale moved to defeat the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1748

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 RM6 District properties at Rebecca Street (unnumbered), abutting the south margin of Harding Street (.73 acres), (Proposal No. 99Z-086U), all of which is more particularly described herein. The bill was disapproved by the Planning Commission. Mr. Campbell 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. Campbell offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Campbell moved to defer the bill on second reading and re-refer it to the Planning Commission, the bill being requested by Thompson Architectural Group, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1749

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 908, 910, 919 and 927 Scovel Street and 926, 928, 930 and 934 Reverend Dr. Enoch Jones Boulevard, and a portion of property at 1203 9th Avenue North (1.24 acres), (Proposal No. 99Z-089U), 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. O99-1750

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 IWD District properties at Lebanon Pike (unnumbered), opposite Clovernook Drive (5.28 acres), (Proposal No. 99Z-048U), all of which is more particularly described herein. The bill was disapproved 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. O99-1751

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 District to IWD District properties at 1736 and 1740 Lebanon Pike, approximately 50 feet west of Clovernook Drive (2.23 acres), (Proposal No. 99Z-091U), all of which is more particularly described herein. The bill was disapproved 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 Professional Driver Services, Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1752

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 Reduced Site Size Planned Unit Development District located at Lawrence Avenue (unnumbered), east of Pierce Road, classified RS7.5 District, permitting a 14 unit residential complex (Proposal No. 107-85-P), all of which is more particularly described herein. The bill was approved by the Planning Commission. Mr. Dillard 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. Dillard 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. O99-1753

An ordinance to amend Title 17 of the Metropolitan Code of Laws, Section 17.40.060 – Definitions of General Terms, relating to the use "Outpatient Clinic", (99Z-014T), all of which is described herein. Ms. Beehan requested permission to withdraw the bill, which permission was granted by the unanimous vote of the Council.

BILL NO. O99-1754

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code, 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. O99-1755

An ordinance to amend Title 17 of the Metropolitan Code of Laws by amending Sections 17.28.040, (Floodplain/floodway development standards), all of which is described herein. Mr. Ponder moved to defer action indefinitely on the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. O99-1756

An ordinance to amend Title 17 of the Metropolitan Code of Laws, Section 17.40.040 - Zoning District Boundaries, relating to clarification of Planned Unit Development Overlay District boundaries, (Proposal No. 99Z-013T), all of which is described herein. The bill was approved by the Planning Commission. Mr. Garrett 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. Garrett 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.

Upon motion duly seconded, the meeting was adjourned.