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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Councilmember Lynn Williams.
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: Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (37); Absent: Neighbors, Gotto, Kerstetter (3).
The Minutes of the meeting of April 19, 2005, were approved.
COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION
The Rules-Confirmations-Public Elections Committee recommended approval of the following proposed amendment to Rule No. 1 of the Rules of Procedure of the Metropolitan Council:
By placing "Memorializing
Resolutions" prior to "Announcement and extraordinary matters"
in the
regular order of business, so that the last three items in the regular order
of business are as follows:
13. Memorializing
resolutions
14. Announcements and extraordinary matters
15. Adjournment
Mr. Dread moved to adopt the amendment, which motion was seconded. Mr. Isabel moved to table the motion, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to adopt, which motion failed by the following vote: "Ayes" Dozier, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Loring, McClendon, Hausser, Walls, Whitson, Summers, Adkins, Foster, Alexander, Coleman, Bradley, Tygard (23); "Noes" Tucker, Gilmore, Isabel, Burch, White, Greer, Wallace, Whitmore, Shulman (9); "Abstaining" Toler, Williams (2).
CONSENT AGENDA RESOLUTIONS
A resolution recognizing Whitney R. Waugh, 2005 Valedictorian of Antioch High School.
A resolution recognizing Claire Campbell, 2005 Salutatorian of Antioch High School.
A resolution recognizing and congratulating Maplewood Comprehensive High School principal, Sam Braden on being named the 2005-2006 "High School Principal of the Year" for the Metropolitan Nashville Public Schools.
A resolution recognizing and congratulating Susan Smith Cortner as being chosen the 2005-2006 "Teacher of the Year" at Una Elementary.
A resolution recognizing and congratulating Janet Wright as being chosen the 2005-2006 "Teacher of the Year" at Lakeview Design Center.
A resolution recognizing and commending Detective David Zoccola of the Metropolitan Nashville Police Department.
A resolution recognizing the services of the law enforcement officers of the East Precinct of the Metropolitan Nashville Police Department.
A resolution recognizing Genma Stringer Holmes for receiving the 2005 Madam C.J. Walker Award.
A resolution recognizing African-American Civil War Re-enactor Bill Radcliff.
A resolution recognizing the neighborhoods of East Nashville and the community leaders who serve them.
A resolution recognizing the 2004-2005 Antioch Middle School Lady "Cubs" basketball team.
A resolution recognizing the 2004-2005 Antioch Middle School Lady "Cubs" soccer team on achieving an unbelievable season.
A resolution recognizing and commending Sharon Kay Williams for her myriad contributions to society.
A resolution recognizing and commending the Nashville Storm semi-pro men's football team on their successful 2004 season.
A resolution recognizing and congratulating Miss Heidi Nikole Butler of Davidson County upon being named 2005 Miss Nashville.
A resolution proclaiming the week of May 1-8, 2005 as "Cover the Uninsured Week" in Nashville and Davidson County.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to adopt the resolutions, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
RESOLUTIONS
A resolution honoring Mr. Ronnie Steine for his service to the community and to The Metropolitan Government of Nashville and Davidson County. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment. Mr. Shulman moved to defer the resolution indefinitely, which motion was seconded and adopted without objection.
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (35); "Noes" (0).
Mr. Dread requested a suspension of the rules for consideration of a late resolution. Objection was made by Mr. Greer and the rules were not suspended.
BILLS ON PUBLIC HEARING
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 RM9 district property located at 91 Tusculum Road along the south margin of Tusculum Road at Benzing Road, (4.45 acres), all of which is more particularly described herein (Proposal No. 2003Z-080U-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill indefinitely while discussions continue with the developer, the bill being requested by Gary Batson, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2004-207 and BL2004-208 were considered together.
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 CS district property at 115 Benson Road, approximately 285 feet north of Old Lebanon Pike (0.53 acres), all of which is described herein (Proposal No. 2004Z-020U-14). The bill was approved by the Planning Commission.
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 east margin of Benson Road north of Old Lebanon Pike, classified R10 and proposed for CS (0.53 acres), the provisions of a Planned Unit Development District, to permit a paved 67 space parking area for the automobile dealership on an adjacent parcel of land (Proposal No. 2004P-007U-14). The bill was approved by the Planning Commission.
Mr. White requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and citizens were heard in favor of and in opposition to passage of the bills. Petitions were filed in opposition to the bills. The President declared the public hearing closed. Mr. White moved to pass the bills on second reading, which motion was seconded. Mr. Briley moved to defer the bills indefinitely and re-refer them to the Planning Commission, which motion was seconded. After discussion the matter recurred on the motion to defer the bills indefinitely and re-refer to the Planning Commission, which motion was adopted by the following roll call vote requested by Councilmembers Gilmore, Isabel, Loring, Wallace, Coleman: "Ayes" Dozier, Tucker, Briley, Dread, Gilmore, Craddock, Murray, Jameson, Cole, Forkum, Ryman, McClendon, Walls, Summers, Alexander, Bradley, Williams (17); "Noes" Isabel, Hart, Brown, Burch, White, Loring, Wallace, Whitson, Foster, Coleman, Tygard (11); "Abstaining" Whitmore, Adkins, Toler (3).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CS district property at 2368 Gallatin Pike North east of Liberty Lane (1.25 acres), all of which is described herein (Proposal No. 2005Z-029G-04). The bill was approved by the Planning Commission. Mr. Ryman 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. Ryman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Ryman moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that district councilmembers be notified by the planning commission upon the filing of a master development plan application (Proposal No. 2005Z-031T). The bill was approved by the Planning Commission. Mr. Craddock 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. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Institutional Overlay district to various properties between Belmont Boulevard, 15th Avenue South and 12th Avenue South and between Wedgewood Avenue and Ashwood Avenue, including properties along Acklen Avenue, Bernard Avenue, Compton Avenue and Delmar Avenue, (74.95 acres), all of which is described herein (Proposal No. 2002Z-040U-10). The bill was approved by the Planning Commission. Ms. Hausser 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 the bill. The President declared the public hearing closed. Ms. Hausser moved to defer the bill indefinitely while numerous issues continue to be addressed, the bill being requested by various owners including Belmont College and Belmont Heights Baptist Church, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). Mr. Summers moved to withdraw the bill, which will be replaced by Bill No. BL2005-629, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-565 and BL2005-566 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS5 to CS district property at 104 Glenrose Avenue, approximately 225 feet east of Foster Avenue, (0.27 acres), all of which is described herein (Proposal No. 2004Z-163U-11). The bill was disapproved by the Planning Commission.
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 for a Planned Unit Development district property located at 104 Glenrose Avenue, east of Foster Avenue (0.27 acres) to permit a 911 square foot office retail use in an existing building, all of which is described herein (Proposal No. 2004P-038U-11). The bill was disapproved by the Planning Commission.
Ms. McClendon requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and a citizen was heard in favor of passage of the bills. The President declared the public hearing closed. Ms. McClendon moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 by abolishing application fees for certain zoning applications, all of which is more specifically described herein, and amending Ordinance No. BL2004-262, as amended by Ordinance No. BL2004-300, to modify the fee schedule for processing and review of zoning applications (Proposal No. 2005Z-046T). Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and failed by a voice vote of the Council.
An ordinance repealing Substitute Ordinance No. BL2004-409, which amended Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.740 to provide for the waiver of application fees for certain zoning applications (Proposal No. 2005Z-047T). ). Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and failed by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.160 regarding the calculation of sign area, height and placement on canopies, all of which is more specifically described herein (Proposal No. 2005Z-048T). The bill was approved by the Planning Commission. Mr. Bradley 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. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 RM15 district property located at J.J. Watson Avenue (unnumbered), and Winston Avenue (unnumbered), west of Nolensville Pike, (4.57 acres), all of which is described herein (Proposal No. 2004Z-118U-12). The bill was approved by the Planning Commission. Mr. Foster 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. Foster moved to pass the bill on second reading and defer the bill indefinitely while many related issues are being discussed and until another neighborhood meeting can be held, the bill being requested by Nader Karshenas, which motion was seconded and adopted by a voice vote of the Council.
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 Landmark Overlay district to property located at 1100 Clifton Lane, approximately 700 feet east of Granny White Pike, (0.72 acres), all of which is described herein (Proposal No. 2005NL-001G-10). The bill was approved by the Planning Commission. Mr. Shulman 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. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Historic Landmark Overlay District to Fort Negley properties located at Vine Street (unnumbered), 609 and 640 Bass Street, 800 Fort Negley Boulevard, 534 Chestnut Street, and 1108 Fall Street, (63.90 acres), all of which is described herein (Proposal No. 2005Z-027U-11). The bill was approved by the Planning Commission. Mr. Greer 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. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 MUI district properties located at 141, 147, 149, 151, 161, 163, 165 2nd Avenue South, 140 and 150 3rd Avenue South, 3rd Avenue South (unnumbered), between 2nd and 3rd Avenues South and Demonbreun Street and Shelby Avenue, (1.59 acres), all of which is described herein (Proposal No. 2005Z-016U-09). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Ralph Moore, Engineer, which motion was seconded and adopted by a voice vote of the Council.
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 Historic Landmark Overlay District to property located at 1110 1st Avenue South for the Cameron Middle School, (7.80 acres), all of which is described herein (Proposal No. 2005Z-022U-11). The bill was approved by the Planning Commission. Mr. Greer 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. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, R15, R20 and R40 to RS10, RS15, RS20 and RS40 district properties located east of I-65 and west of Edmondson Pike, north of Hill Road and south of Briarwood Drive (1359.61 acres), all of which is described herein (Proposal No. 2005Z-025U-12). The bill was approved by the Planning Commission. Mr. Adkins 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 favor of passage of the bill. The President declared the public hearing closed. Mr. Adkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Greer voting "No."
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR district to IG district property at 12761 Old Hickory Boulevard, approximately 300 feet north of Logistics Way, (3.28 acres), all of which is described herein (Proposal No. 2004Z-055G-13). The bill was approved by the Planning Commission. Mr. Coleman 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. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Bradley "Abstaining."
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 OL district property at 36 Hart Street and Hart Street (unnumbered), (0.28 acres), all of which is described herein (Proposal No. 2005Z-038U-11). The bill was disapproved by the Planning Commission. Mr. Greer moved to defer the bill to the July public hearing so the zone change can track with the proposed Planning Unit Development legislation, the bill being requested by Morningstar Baptist Church, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-610 and BL2005-611 were considered together.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS40 to CL (16.92) and RM6 (17.68) district properties located at 7727, 7745, 7739 Old Harding Pike, 8024, 8020, 8036 Highway 100, Highway 100 (unnumbered), Old Harding Pike (unnumbered), (34.60 acres total), all of which is described herein (Proposal No. 2005Z-037G-06). The bill was approved by the Planning Commission.
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 Planned Unit Development district located at 7727, 7739, 7745 Old Harding Pike, 8020, 8024, 8036 Highway 100, Old Harding Pike (unnumbered), and Highway 100 (unnumbered), to permit 74 townhomes, 26,700 square feet of office/library, 87,900 square feet of retail/restaurant/bank (34.6 acres), all of which is described herein (Proposal No. 2005P-008G-06). The bill was approved by the Planning Commission.
Mr. Tygard requested a hearing from the public on the bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and citizens were heard in favor of passage of the bills. The President declared the public hearing closed. Mr. Tygard moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-612 and BL2005-613 were considered together.
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 RS10 district properties located at 1015 Barnes Road and Barnes Road (unnumbered), west of Stanford Village Drive (50.26 acres), all of which is described herein (Proposal No. 2005Z-007G-12). The bill was approved by the Planning Commission.
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 Planned Unit Development district to properties located
at 1015 Barnes Road and Barnes Road (unnumbered), west of Stanford Village Drive,
(50.26 acres), to permit 154 single-family lots, all of which is described here
in (Proposal No. 2005P-003G-12). The bill was approved by the Planning Commission.
Mr. Toler requested a hearing from the public on these bills which had been
previously advertised. The President asked if anyone desired to be heard for
or against the bills, and citizens were heard in favor of and opposition to
passage of the bills. The President declared the public hearing closed. Mr.
Toler offered Amendment No. 1 to each bill and moved for their adoption, which
motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved
to pass the bills on second reading as amended, which motion was seconded and
adopted by a voice vote of the Council.
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 to MUG district properties located at 501 and 537 Main Street, (6.57 acres), all of which is described herein (Proposal No. 2005Z-034U-09). The bill was approved by the Planning Commission. Mr. Jameson 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. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
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 to various properties located between West End Avenue and Richardson Avenue in the Elmington Place area, (11.27 acres), all of which is described herein (Proposal No. 2005Z-024U-10). The bill was approved by the Planning Commission. Mr. Shulman 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. Shulman moved to pass the bill on second reading and defer the bill to the first meeting in June, the bill being requested by the Metropolitan Historical Commission, which motion was seconded and adopted by a voice vote of the Council.
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 property at 8872 McCrory Lane, approximately 160 feet north of Spring Ridge Drive, (4.92 acres), all of which is described herein (Proposal No. 2004Z-158G-06). The bill was disapproved by the Planning Commission. Mr. Tygard moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20 to RS10 district property located at 4109 Lealand Lane, (1.65 acres), approximately 550 feet north of Outer Drive, all of which is described herein (Proposal No. 2005Z-045U-10). The bill was disapproved by the Planning Commission. Mr. Shulman 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. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-618 and BL2005-619 were considered together.
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 RM9 district properties located at Lebanon Pike (unnumbered), and Windsor Chase Way (unnumbered), (17.62 acres), all of which is described herein (Proposal No. 2005Z-036G-14). The bill was approved by the Planning Commission.
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 a Commercial Planned Unit Development district located at Lebanon Pike (unnumbered), and Windsor Chase Way (unnumbered), east of Andrew Jackson Parkway, (17.62 acres), to permit 118 townhomes, replacing 150,800 square feet of undeveloped office uses, all of which is more particularly described herein, (Proposal No. 43-87-P-14). The bill was approved by the Planning Commission.
Mr. Brown requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and no one came forward to be heard. The President declared the public hearing closed. Mr. Brown moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, CN to MUN district properties located at 2203 15th Avenue North and 1500 Cecilia Avenue, (0.42 acres), all of which is described herein (Proposal No. 2004Z-156U-08). The bill was approved by the Planning Commission. Mr. Isabel 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. Isabel moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Andre Southall and Warren Summers, which motion was seconded and adopted by a voice vote of the Council.
BILL NO. BL2005-621
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 RS10 district properties located at 6943 Burkitt Road and 6947 Burkitt Road, and a portion of property at Burkitt Road (unnumbered), (46.50 acres), all of which is described herein (Proposal No. 2004Z-164G-12). The bill was approved by the Planning Commission. Mr. Toler 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. Toler offered and substitute bill and moved that it be accepted for filing, and no objection was heard.
SUBSTITUTE BILL NO. BL2005-621
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 RS10 district properties located at 6943 Burkitt Road, 6947 Burkitt Road, and Burkitt Road (unnumbered), (46.50 acres), all of which is described herein (Proposal No. 2004Z-164G-12). Mr. Toler moved to moved to defer the substitute bill on second reading, the bill being requested by James C.D. Franks, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-622, BL2005-623 and BL2005-624 were considered together.
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 and CL to SCR district properties located at 6806 Charlotte Pike, Annex Avenue (unnumbered) and Charlotte Pike (unnumbered), between Charlotte Pike and I-40 at Old Hickory Boulevard, (53.10 acres), all of which is described herein (Proposal No. 2004Z-150U-07). The bill was approved by the Planning Commission.
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 Planned Unit Development District located at Charlotte Pike (unnumbered), 6806 Charlotte Pike, Annex Avenue (unnumbered) abutting the north margin of Charlotte Pike and the south margin of I-40, to permit the development of 474,484 square feet of retail, restaurant and office use and 24 residential units (53.10 acres), all of which is described here in (Proposal No. 2004P-036U-07). The bill was approved by the Planning Commission.
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 an unbuilt Commercial Planned Unit Development district located at Charlotte Pike (unnumbered), opposite Templeton Drive (10.91 acres), all of which is described herein, (Proposal No. 211-73-U-07). The bill was approved by the Planning Commission. Mr. Walls offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.
Mr. Walls requested a hearing from the public on these bills which had been previously advertised. The President asked if anyone desired to be heard for or against the bills, and no one came forward to be heard. The President declared the public hearing closed. Mr. Walls moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 RS5 district property at 6614 Nolensville Pike approximately 140 feet south of Autumn Oaks Drive, (7.7 acres), all of which is described herein (Proposal No. 2004Z-139G-12). The bill was approved by the Planning Commission. Mr. Toler 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. Toler offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
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 CS district a portion of property located at 1800 Charlotte Avenue along the west side of Dr. D. B. Todd, Jr. Boulevard, north of Charlotte Pike, (0.08 acres), all of which is described herein (Proposal No. 2005Z-053U-08). The bill was disapproved by the Planning Commission. Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 MUN district properties located at 1700 and 1702 5th Avenue North, on the northeast corner of Garfield and 5th Avenue North, (0.40 acres), all of which is described herein (Proposal No. 2005Z-044U-08). The bill was approved by the Planning Commission. Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, relative to undergrounding utilities in any residential subdivision where a new public or private street is to be constructed, all of which is more particularly described herein (Proposal No. 2004Z-005T). The bill was approved by the Planning Commission. Mr. Bradley 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. Bradley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that all planned unit developments inactive for more than six years be submitted to the Metro Council for approval prior to the issuance of any building or grading permit (Proposal No. 2004Z-011T). The bill was approved by the Planning Commission. Mr. Summers 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. Summers moved to pass the bill on second reading and defer the bill to the first meeting in June, which motion was seconded. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded. Mr. Summers moved to defer the amendment to the first meeting in June, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass the bill on second reading and defer to the first meeting in June, which motion was adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to define animal hospitals and allow animal hospitals in certain zoning districts (Proposal No. 2005Z-051T). The bill was approved by the Planning Commission. Ms. McClendon 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. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, relative to permitting the rebuilding of any non-conforming, single-family dwelling located in a non-residential zoning district if damaged or destroyed involuntarily, all of which is more particularly described herein (Proposal No. 2005Z-057T). The bill was approved by the Planning Commission. Mr. Wallace 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. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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, OR20 and RM40 to MUL district properties located at 4301 Harding Pike, and 4313 Harding Pike (3.95 acres), all of which is described herein (Proposal No. 2005Z-067U-10). The bill was approved by the Planning Commission. Mr. Summers 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. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.32.130D regarding the maximum size of on-premises signs oriented to a controlled access highway, all of which is more specifically described herein (Proposal No. 2005Z-056T). The bill was disapproved by the Planning Commission. Mr. Loring 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. Loring moved to pass the bill on second reading and defer the bill to the first meeting in June while an amendment is being drafted, which motion was seconded and adopted by a voice vote of the Council.
BILLS ON INTRODUCTION AND FIRST READING
An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement at J. Percy Priest Dam and Reservoir Project, Easement No. DACW62-2-84-0055 (Proposal No. 2005M-085G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance authorizing the Metropolitan Government to enter into renewal of a sewer easement at J. Percy Priest Dam and Reservoir Project, Easement No. DACW62-2-84-0144 (2005M-084G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of public projects of the Metropolitan Government, initially with relation to Project Number 04-D-0705, 18th Avenue North Drainage Improvements (Proposal No. 2004M-086U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committee by a voice vote of the Council.
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 Commercial
Planned Unit Development district at 13011 Old Hickory Boulevard abutting the
east side of Old Hickory Boulevard at I-24 South, to permit a 3,870 square foot
addition to the existing 24,355 square foot convenience market/truck stop facility
which includes access to Old Hickory Boulevard and Firestone Parkway, all of
which is more particularly described herein (Proposal No. 89-67-G-13).
The bill was approved by the Planning Commission. Upon motion duly seconded,
the bill passed first reading and was referred to the Planning, Zoning and Historical
Committee by a voice vote of the Council.
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 RS40 district property located at 818 and 840 Old Lebanon Dirt Road and 6340 and 6344 North New Hope Road, on the west side of North New Hope Road, (13.2 acres), all of which is described herein (Proposal No. 2005Z-081G-14). Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, the bill was deferred.
An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.070 to require permanent on-premises signs to be constructed of rigid materials, all of which is more specifically described herein (Proposal No. 2005Z-080T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
Upon motion duly
seconded, the meeting was adjourned.