Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, July 5, 2005


The Metropolitan Council met in regular session on this date at 7:00 p.m. in Metro City Hall.

The invocation was offered by Elder Jesse Tucker of Jackson Street Church of Christ.

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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (39); Absent: Greer (1).

The Minutes of the adjourned meeting of June 28, 2005, were approved.

MOTION TO RECONSIDER

BILL NO. BL2005-665

An ordinance amending Ordinance No. 65-464, as amended by Ordinance No. 68-525, as amended by Ordinance No. 080-294, relating to the levy of a local option sales and use tax by the Metropolitan Government in accordance with the provisions of Tennessee Code Annotated, Sections 67-6-701 through 67-6-716. Mr. Wallace objected to a vote on the motion to reconsider at this meeting. The President ruled to accept the recommendation of legal counsel and to proceed with the vote. Mr. Briley called for the previous question, which motion was seconded and failed by a roll call vote of the Council. Mr. Wallace called for a division of the house. Subsequently, Mr. Wallace requested a suspension of the rules to defer the motion to reconsider; objection was made by Mr. Briley and the rules were not suspended. Mr. Wallace moved to challenge the ruling of the chair, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Gilmore, Isabel, Craddock, Hart, Forkum, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Whitson, Shulman, Foster, Alexander, Kerstetter, Toler, Coleman, Williams, Tygard (23); "Noes" Neighbors, Briley, Murray, Jameson, Cole, Ryman, Brown, McClendon, Hausser, Walls, Adkins, Wilhoite, Bradley (13); "Abstaining" Tucker (1). The challenge being affirmed, the motion to reconsider was scheduled for the next regular meeting of the Council.

ELECTIONS AND CONFIRMATIONS

Plumbing Examiners and Appeals Board
Reappointment of Mr. Brian Tibbs for a term expiring March 10, 2009. At the request of the appointee, the nomination was deferred.

Public Library Board
Reappointment of Ms. Linde Wilson for a term expiring April 6, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Social Services Commission
Reappointment of Ms. Luvenia Butler for a term expiring April 3, 2009. At the request of the appointee, the nomination was withdrawn.

Reappointment of Ms. Dot Dobbins for a term expiring April 3, 2009. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

CONSENT AGENDA RESOLUTIONS

RESOLUTION NO. RS2005-891

A resolution recognizing District Fire Chief William N. Barnes.

RESOLUTION NO. RS2005-893

A resolution recognizing and congratulating Rose Park Magnet School teacher Alison Cook on being named the 2005-2006 "Middle School Teacher of the Year" for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2005-894

A resolution recognizing and congratulating Hunters Lane High School teacher Lanita S. Harris being named the 2005-2006 "High School Teacher of the Year" for Metropolitan Nashville Public Schools.

RESOLUTION NO. RS2005-895

A resolution recognizing the 85th anniversary of the passage of the 19th Amendment to the United States Constitution.

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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTIONS

RESOLUTION NO. RS2005-892

A resolution recognizing Greg Rodriguez, founder of the Tennessee Hispanic Chamber of Commerce. Mr. Bradley moved to defer the resolution to the first meeting in September, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-896

A resolution approving the election of certain Notaries Public for Davidson County. 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, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (38); "Noes" (0).

BILLS ON PUBLIC HEARING

Without objection Bill Nos. BL2005-609 and BL2005-692 were considered together.

BILL NO. BL2005-609

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 approved by the Planning Commission.

BILL NO. BL2005-692

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 Hart Street (unnumbered), and 36, 38 and 40 Hart Street (0.56 acres), to permit a parking lot, all of which is described here in (Proposal No. 2005P-014U-11). The bill was approved by the Planning Commission.

Ms. McClendon moved to defer the bills to the September public hearing at the request of the sponsor, the bills being requested by Morningstar Baptist Church, et al., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-648

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to permit signs with graphics or electronic displays along a four-lane or controlled access highway, all of which is more specifically described herein (Proposal No. 2005Z-056T). Mr. Dozier moved to defer the bill to the September public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-649

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by applying the Urban Design Overlay District to various properties located between 1st Avenue South and 8th Avenue South and between Demonbreun Street/Molloy Street and Peabody Street, and along the south side of Lafayette Street, classified CF, (40.92 acres), to permit a mixture of uses, including office, residential, and commercial uses with detailed design standards (40.92 acres), all of which is described herein (Proposal No. 2005UD-002U-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, which motion was seconded and adopted by a voice vote of the Council.

President Pro Tempore Dozier assumed the chair at this time.

BILL NO. BL2005-650

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapter 17.12 regarding accessory building floor area controls by increasing the permissible square footage of accessory buildings from 600 square feet to 700 square feet, all of which is more specifically described herein (Proposal No. 2005Z-074T). 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-656

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. 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.

BILL NO. BL2005-657

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). The bill was approved by the Planning Commission. Mr. Gotto 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. Gotto moved to pass the bill on second reading and to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-658

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). 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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Bradley moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-673

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 to RS40 district various properties located south of Harding Place, north of Tyne Boulevard (271.06 acres), all of which is described herein (Proposal No. 2005Z-088U-10). The bill was approved by the Planning Commission. Ms. Williams 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. Williams 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. BL2005-674 and BL2005-675 were considered together.

BILL NO. BL2005-674

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R8 to RM9 district property located at 11 Vaughns Gap Road (10.70 acres), all of which is described herein (Proposal No. 2005Z-041G-07). The bill was disapproved by the Planning Commission.

BILL NO. BL2005-675

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 property located at 11 Vaughns Gap Road, along the north side of Highway 100, to permit 87 condo units within a 5 story building, and to permit the existing 74,540 square foot recreational facility, all of which is described here in (Proposal No. 2005P-011G-07). The bill was disapproved by the Planning Commission.

Mr. Tygard moved to withdraw the bills, the bills being requested by Westside Lofts LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-676

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 RS5 district property located at various properties south of Centennial Boulevard, west of 40th Street between 40th and 45th (37.35 acres), all of which is described herein (Proposal No. 2005Z-087U-08). The bill was approved by the Planning Commission. Mr. Whitmore 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 the bill. Petitions were filed in favor of the bill. The President declared the public hearing closed. Mr. Whitmore 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. BL2005-677, BL2005-678, BL2005-679 and BL2005-680 were considered together.

BILL NO. BL2005-677

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, IWD, and CS to SCR district properties at Dickerson Pike (unnumbered), 3466 and 3446 Dickerson Pike, abutting the west side of Dickerson Pike (81.71 acres), all of which is described herein (Proposal No. 2004Z-113G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-678

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 to SCR district a portion of property at Dickerson Pike (unnumbered), approximately 1,500 feet west of Dickerson Pike (6.82 acres), all of which is described herein (Proposal No. 2004Z-115G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-679

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 Dickerson Pike (unnumbered), and 3438, 3446, 3466 Dickerson Pike, north of Doverside Drive, to permit 718,781 square feet of retail and restaurant uses (125.84 acres), all of which is described herein (Proposal No. 2005P-010G-02). The bill was approved by the Planning Commission.

BILL NO. BL2005-680

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 existing Residential Planned Unit Development district located at the terminus of Mulberry Downs Circle, and approximately 1,500 feet west of Dickerson Pike, to remove a 19.75 acre portion from the PUD, all of which is described herein (Proposal No. 88P-056G-02). The bill was approved by the Planning Commission.

Ms. Tucker 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 favor of the bills. The President declared the public hearing closed. Ms. Tucker moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-681

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 OL district a portion property located at 5433 Edmondson Pike, approximately 850 feet south of Brentwood Place (0.43 acres), all of which is described herein (Proposal No. 2005Z-052U-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, which motion was seconded and adopted by a voice vote of the Council.

Without objection Bill Nos. BL2005-682 and BL2005-683 were considered together.

BILL NO. BL2005-682

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 RM9 (303.56 acres) and MUL (216.24 acres) district properties located at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), all of which is described herein (Proposal No. 2005Z-062G-12). The bill was approved by the Planning Commission.

BILL NO. BL2005-683

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 applying an Urban Design Overlay (UDO) district at Carothers Road (unnumbered), 7156, 7107, 7176, 7211, 7244 Carothers Road, and Battle Road (unnumbered), (519.80 acres), to permit a maximum of 2,100 units and 150,000 square feet of commercial uses, all of which is described here in (Proposal No. 2005UD-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 no one came forward to be heard. The President declared the public hearing closed. Mr. Toler moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-684

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 a portion of property located at 3570 Dickerson Pike, and 3564 Dickerson Pike, south of Bellshire Drive (7.67 acres), all of which is described herein (Proposal No. 2005Z-060G-02). The bill was approved by the Planning Commission. Ms. Tucker 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. Tucker 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. BL2005-685 and BL2005-686 were considered together.

BILL NO. BL2005-685

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 RS3.75 to RM20 district properties located at 1002 Warren Street, 1010 A and 1010 B Jackson Street, 1006 and 1008 Jackson Street (0.41 acres), all of which is described herein (Proposal No. 2005Z-069U-09). The bill was approved by the Planning Commission.

BILL NO. BL2005-686

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 Urban Design Overlay district located at 1002 Warren Street and 1006, 1008, 1010-A and 1010-B Jackson Street (.41 acres), to permit 8 multi-family units, all of which is described here in (Proposal No. 2005UD-004U-09). The bill was approved by the Planning Commission.
Mr. Wallace 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. Wallace 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. BL2005-687 and BL2005-688 were considered together.

BILL NO. BL2005-687

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 to CS district property located at 401 McIver Street (0.45 acres) on the west margin of Nolensville Pike, all of which is described herein (Proposal No. 2005Z-039U-11). The bill was disapproved by the Planning Commission.

BILL NO. BL2005-688

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 3101 and 401 McIver Street, to permit an existing 1,547 square foot used vehicular sales facility and for additional vehicular sales area and parking, all of which is described herein, (Proposal No. 2005P-009U-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 citizens were heard in favor of and in opposition to 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.

BILL NO. BL2005-689

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 to MUN district property located at 510 Madison Street (.36 acres), all of which is described herein (Proposal No. 2005Z-064U-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.

BILL NO. BL2005-690

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 RS40 district various properties located on Haywood Lane (92.59 acres), all of which is described herein (Proposal No. 2005Z-055U-12). The bill was approved by the Planning Commission. Mr. Kerstetter 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. Kerstetter moved to pass the bill on second reading and defer the bill to the first meeting in August, the bill being requested by the Metropolitan Planning Department, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-691

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CN, CS, OR20 and R6 to MUL district properties located at 1004, 1006, 1008, 1009, 1011, 1012, 1015, 1017, 1100 Fatherland Street, Fatherland Street (unnumbered) 1100, 1104, 1106, 1108 Russell Street, 301 S. 10th Street, 306 A S. 11th Street, 214 S. 11th Street (3.42 acres), all of which is described herein (Proposal No. 2005Z-089U-05). The bill was disapproved 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, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-693

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 Commercial (General) Planned Unit Development located at 7471 Old Hickory Boulevard, Route 1 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), abutting the north margin of Old Hickory Boulevard and the west margin of Interstate 24, classified CS, (8.98 acres), to cancel the existing Commercial PUD, all of which is described herein, (Proposal No. 310-84-G-03). The bill was approved by the Planning Commission. Ms. Tucker 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. Tucker 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. BL2005-694 and BL2005-695 were considered together.

BILL NO. BL2005-694

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, MUL, R10, R80, and OL to SCR (59.69 acres) RM6 (41.30 acres) RS40 (535.30 acres), and RM2 (414.70 acres) districts properties located at 8101 McCrory Lane, McCrory Lane (unnumbered), and Newsom Station Road (unnumbered) (1050.99 acres), all of which is described herein (Proposal No. 2005Z-079G-06). The bill was approved by the Planning Commission.

BILL NO. BL2005-695

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending a portion of the existing Commercial and Residential Planned Unit Development district located at McCrory Lane (unnumbered), Newsom Station Road (unnumbered), 8101, 8161, 8171 McCrory, (1151.53 acres), to add 180.58 acres to the PUD, and to permit 441 single-family lots, 576 townhomes, 380 apartments, 900,000 square feet of retail, restaurant, office, and hotel uses, replacing 380 single-family lots, 110 duplex lots, 800 multi-family units, and 1,851,100 square feet of retail, restaurant, office, and hotel uses, all of which is more particularly described herein, (Proposal No. 84-85-P-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 no one came forward to be heard. 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.

BILL NO. BL2005-696

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 IG to MUI district properties located at 714, 722, and 726 4th Avenue North, 315 Harrison Street, Criddle Street (unnumbered), 705 and 709 3rd Avenue North (1.72 acres), all of which is described herein (Proposal No. 2005Z-078U-09). 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.

BILL NO. BL2005-697

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 to ORI district property located at 3000 Charlotte Avenue (4.48 acres), all of which is described herein (Proposal No. 2005Z-063U-10). The bill was approved by the Planning Commission. Mr. Whitmore 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. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-698

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 to CL district a portion of property at 4121 Clarksville Pike, approximately 325 feet north of Cedar Circle (0.5 acres), all of which is described herein (Proposal No. 2005Z-050U-03). The bill was approved by the Planning Commission. Ms. Gilmore 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. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-699

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending the 31st Avenue/Long Boulevard Urban Design Overlay (UDO) district, to vary the setbacks for particular building types and to provide opportunities for additional building types, all of which is more particularly described herein (Proposal No. 2005UD-006U-10). The bill was approved by the Planning Commission. Mr. Whitmore 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. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-700

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending the Bedford Avenue Urban Design Overlay (UDO) district, to eliminate floor area ratio exemptions, to limit the size of restaurants, and to eliminate maximum building footprints, all of which is more particularly described herein (Proposal No. 2005UD-005U-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 defer the bill on second reading so that additional information can be disseminated to Council members, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-701

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.16, 17.36 and 17.40 to add Historic Bed and Breakfast Homestay (HB) as a classification of the historic overlay districts, rather than as a Special Exception (SE) use, all of which is more specifically described herein (Proposal No. 2005Z-091T). The bill was disapproved by the Planning Commission. Mr. Brown 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. Brown moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-702

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.36.300 (Permitted Land Uses) and Section 17.36.320 (Variation of conventional standards), to permit alternative development standards for specific land uses within Urban Design Overlay districts (Proposal No. 2005Z-97T). 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 defer the bill on second reading so that additional information can be disseminated to Council members, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-703

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Lenox Village Urban Design Overlay (UDO) district to clarify variations to the conventional standards of the underlying zoning, all of which is more particularly described herein (Proposal No. 2005UD-007U-10). 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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-704

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.08.030 to allow animal hospitals in certain zoning districts (2005Z-098T). 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.

At this time Vice Mayor Gentry reassumed the chair.

BILLS ON INTRODUCTION AND FIRST READING

BILL NO. BL2005-716

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring a sanitary sewer easement for use in public project of the Metropolitan Government, initially with relation to Project No. 04-SL-69, Lakeside Cove At Percy Priest, Phase 1 (Proposal No. 2005S-126G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-717

An ordinance amending Section 6.52.020 of the Metropolitan Code of Laws to allow an apprentice plumber to work under the direction of a master or journeyman plumber as an alternative to an apprenticeship program registered with the U.S. Department of Labor. Pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council, the bill was deferred upon objection to passage by Ms. Gilmore.

BILL NO. BL2005-718

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws regarding the storage of trailers and watercraft in the front yard of residential property. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2005-719

An ordinance abandoning a 10 foot utility easement, that is shown on Map 105-09, Parcel 100.00, Project 05-SG-30, Belmont University, Residence Hall and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-065U-10). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-720

An ordinance approving and authorizing the Metropolitan Mayor to execute a cost sharing agreement for planning assistance between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County for the Cumberland Riverfront Redevelopment Plan Project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees by a voice vote of the Council.

BILL NO. BL2005-721

An ordinance authorizing the Metropolitan Government to participate with Blue Bell Creameries, L.P., to provide public sewer service in Williamson County to Blue Bell Creameries, L.P. , Project No. 04-SL-92. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.

BILL NO. BL2005-722

An ordinance abandoning an 8 inch sanitary sewer line and easement that will be replaced by an 8 inch sanitary sewer line, that is shown on Map 135, Parcels 239.01, 239.02, and 240, Project 05-SL-27, Shoppes at Nashboro, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2005M-075U-13). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the
Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-723

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-WG-172, McCammon and Duncan (Proposal No.2005M-045G-02). 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 Committees by a voice vote of the Council.

BILL NO. BL2005-724

An ordinance establishing the Seniors Tax Relief Grant Program for the purpose of providing assistance to elderly resident tax-payers of Davidson County and to allocate and appropriate the additional sales tax revenue that will be received if the voters approve an increase in the local option sales tax. 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. BL2005-725

An ordinance amending Section 11.28.210 of the Metropolitan Code of Laws expanding the hours of the curfew for juveniles. Pursuant to Rule No. 12 of the Rules of Procedure of the Metropolitan Council, the bill was deferred upon objection to passage by Mr. Cole.

BILL NO. BL2005-726

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.280 to require rural bed and breakfast homestays, day care centers and day care homes to be approved by a resolution adopted by the Metropolitan Council prior to the public hearing by the Board of Zoning Appeals, all of which is more specifically described herein (Proposal No. 2005Z-093T). 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.