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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in special session on this date at 7:00 p.m. in Metro City Hall.
The invocation was offered by Reverend Shepard Edington of Old Hickory Presbyterian Church.
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, Gotto, Burch, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (37); Absent: Neighbors, Greer (2).
December 28, 2005
Members of the
Metropolitan County Council
Ladies and Gentlemen:
Pursuant to Section 3.04 of the Charter of The Metropolitan Government of Nashville
and Davidson County, I am calling a Special Meeting of the Council to be held
on Thursday, January 5, 2006, at 7:00 p.m.
As a result of the large number of zoning ordinances to be considered at the
January public hearing meeting, it is necessary that two meetings be held in
an effort to avoid a prolonged meeting. The following zoning ordinances are
to be considered at this Special Meeting:
Ordinance No. BL2005-648 (Dozier) Ordinance
No. BL2005-892 (White)
Ordinance No. BL2005-801 (Craddock) Ordinance
No. BL2005-893 (Alexander, Kerstetter)
Ordinance No. BL2005-802 (Craddock) Ordinance
No. BL2005-894 (Burch)
Ordinance No. BL2005-803 (Craddock) Ordinance
No. BL2005-895 (Burch)
Ordinance No. BL2005-817 (Bradley) Ordinance
No. BL2005-899 (Gilmore)
Ordinance No. BL2005-818 (Bradley) Ordinance
No. BL2005-900 (Gilmore)
Ordinance No. BL2005-819 (Bradley) Ordinance
No. BL2005-903 (Coleman)
Ordinance No. BL2005-834 (Summers) Ordinance
No. BL2005-904 (Coleman)
Ordinance No. BL2005-856 (Burch) Ordinance
No. BL2005-906 (Coleman)
Ordinance No. BL2005-864 (Murray, Summers) Ordinance
No. BL2005-908 (Summers)
Ordinance No. BL2005-881 (Craddock) Ordinance
No. BL2005-909 (Summers)
Ordinance No. BL2005-882 (Bradley) Ordinance
No. BL2005-914 (Toler)
Ordinance No. BL2005-883 (White) Ordinance
No. BL2005-915 (Toler)
Ordinance No. BL2005-884 (White) Ordinance
No. BL2005-916 (Toler)
Ordinance No. BL2005-889 (Forkum) Ordinance
No. BL2005-917 (Toler)
Ordinance No. BL2005-890 (Alexander, Kerstetter) Ordinance No. BL2005-918
(Toler)
Ordinance No. BL2005-891 (White)
No other matters shall be considered at this meeting, and I encourage your attendance.
Sincerely,
/s/ Howard
C. Gentry, Jr.
Vice Mayor
BILLS ON PUBLIC HEARING
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). The bill was disapproved by the Planning Commission. Mr. Dozier 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. Dozier moved to pass the bill on second reading, which motion was seconded. After discussion the matter recurred on the motion to pass and was adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-801, BL2005-802, BL2005-803 and BL2005-881 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 canceling a commercial Planned Unit Development district, located at 5007 Gallatin Pike, south of Briley Parkway (4.73 acres), approved for a 5,200 square foot museum, and a 1,000 square foot souvenir shop, all of which is described herein (Proposal No. 121-80-U-05). 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 canceling a Planned Unit Development district, located at Joyce Lane (unnumbered), south of Briley Parkway (9.79 acres), approved for 96 condominium units, all of which is described herein (Proposal No. 106-80-U-05). 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 changing from RS7.5 to SCR district properties located at 1001, 1003, 1005, 1007, 1009, 1011, 1013, 1015 Joyce Lane, and Joyce Lane (unnumbered), and 5007 Gallatin Pike (16.27 acres), all of which is described herein (Proposal No. 2005Z-137U-05). 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 of a Planned Unit Development district located at 5007 Gallatin Pike, 1001, 1003, 1005, 1007, 1009, 1011, 1013, 1015 Joyce Lane, and Joyce Lane (unnumbered), to permit the development of a 133,007 square foot commercial retail building, and two 3,600 square foot buildings on 2.18 acre out parcel (16.27 acre total), all of which is described herein (Proposal No. 2005P-027U-05). The bill was disapproved by the Planning Commission.
Mr. Craddock 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. Mr. Craddock moved to pass the bill on second reading, which motion was seconded. After discussion Mr. White called for the previous question which motion was seconded and failed by a roll call vote. After further discussion, the matter recurred on the motion to pass and was adopted by a voice vote of the Council with Ms. Tucker voting "No."
Without objection Bill Nos. BL2005-817, BL2005-818 and BL2005-819 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 RM15 district property located at 5525 Mt. View Road (2.75 acres), all of which is described herein (Proposal No. 2005Z-102U-13). 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 changing from AR2a to RM15 district properties located at 5505 and 5515 Mt. View Road, approximately 450 feet east of Baby Ruth Lane (4.8 acres), all of which is described herein (Proposal No. 2005Z-068U-13). 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 5505, 5515 and 5525 Mt. View Road, west of Old Franklin Pike, to permit 81 multi-family units (7.55 acres), all of which is described herein (Proposal No. 2005P-021U-13). The bill was approved by the Planning Commission.
Mr. Bradley 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. Bradley 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 17.40.720 pertaining to the public notification requirements for public hearings conducted by the Board of Zoning Appeals, all of which is more particularly described herein (Proposal No. 2005Z-153T). The bill was disapproved 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Summers moved to pass the bill on second reading and defer the bill to the second meeting in February, 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 ON to OL district property located at 3300 Elm Hill Pike, at the northern terminus of Trails End Lane (1.61 acres), all of which is described herein (Proposal No. 2005Z-117G-14). The bill was disapproved by the Planning Commission. Mr. Burch 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. Burch moved to defer the bill to the first meeting in February, the bill being requested by Gregg H. Eatherly, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 17 of the Metropolitan Code of Laws by amending Section 17.40.410 relative to demolition of residential structures (Proposal No. 2006Z-003T). The bill was approved by the Planning Commission. Ms. Murray 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. Murray 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 AR2a to SP district property located at 3694 Hamilton Church Road, approximately 2,000 feet east of Hobson Pike (23.6 acres), to permit the development of 129 single-family units (14 single-family detached and 115 attached units), all of which is described herein (Proposal No. 2005Z-165G-13). 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.
Without objection Bill Nos. BL2005-883 and BL2005-884 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 CS district properties located at 2984 Elm Hill Pike, McCrory Creek Road (unnumbered), 851 McCrory Creek Road, and Neilworth Lane (unnumbered) (69.09 acres) along the east and south sides of McCrory Creek Road, north of Elm Hill Pike, all of which is described herein (Proposal No. 2005Z-132G-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 the provisions of a Planned Unit Development located at 2984 Elm Hill Pike, Elm Hill Pike (unnumbered), 851 McCrory Creek Road, McCrory Creek Road (unnumbered), and Neilworth Lane (unnumbered), to permit the construction of 735,000 square feet of office uses, all of which is described herein (Proposal No. 2005P-034G-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. Mr. White moved to pass the bill on second reading, which motion was seconded. After discussion the matter recurred on the motion to pass and was 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 OR20 to CS district properties located at 1119 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 200 feet west of Rio Vista Drive (2.12 acres), all of which is described herein (Proposal No. 2005Z-143G-04). The bill was approved by the Planning Commission. Mr. Forkum 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Forkum 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 AR2a to R8 district property located at 4830 Payne Road, south of Reeves Road (5.5 acres), all of which is described herein (Proposal No. 2005Z-160G-13). 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Alexander 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. BL2005-891 and BL2005-892 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 (61.12 acres) and RM6 (30.56 acres) district a portion of properties located at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike (91.68 acres), all of which is described herein (Proposal No. 2005Z-167G-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 the provisions of a Planned Unit Development located on the north side of Stones River Road at Stones River Road (unnumbered), approximately 590 feet northwest of Lebanon Pike to permit the development of 185 single-family lots, and 152 townhouse units, all of which is described herein (Proposal No. 2005P-030G-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. The President declared the public hearing closed. Mr. White moved to pass the bills on second reading and defer the bill to the first meeting in February, the bills being requested by Barge, Waggoner, Sumner and Cannon, which motion was seconded. After discussion Mr. Walls called for the previous question which motion was seconded and failed by a roll call vote. After further discussion, the matter recurred on the motion to pass and defer and was adopted by a voice vote of the Council with Ms. Tucker 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 OL to MUN district property located at 1825 Old Murfreesboro Pike, 1,775 feet northwest of Una-Antioch Pike (.33 acres), all of which is described herein (Proposal No. 2005Z-159U-13). 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Alexander 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. BL2005-894 and BL2005-895 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 R15 to MUL (16.50 acres) and RM9 (23.50 acres) property located at Bell Road (unnumbered), approximately 1,100 feet south of Woodland Pointe Drive (40.0 acres), all of which is described herein (Proposal No. 2005Z-172G-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 the provisions of a Planned Unit Development located on the east side of Bell Road at Bell Road (unnumbered) to permit the development of 165,200 square feet of retail and office space, 86 condominium units, and 84 townhomes (40.0 acres), all of which is described here in (Proposal No. 2005P-028G-14). The bill was approved by the Planning Commission.
Mr. Burch 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. Burch moved to pass the bills on second reading and defer the bills to the first meeting in February, the bills being requested by Nick Psillas, Corinthian Customs Homes and Civil Site Design, which motion was seconded and adopted by a voice vote of the Council with Mr. Bradley "Abstaining."
Without objection Bill Nos. BL2005-899 and BL2005-900 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 MUL district a portion of property located at 5134 Ashland City Highway, approximately 590 feet west of Old Hickory Boulevard (3.0 acres), all of which is described herein (Proposal No. 2005Z-166G-03). 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, for a portion of property located at 5134 Ashland City Highway, to permit a 4,116 square foot sales/leasing office building, and a 1,080 square foot office building (3.0 acres), all of which is described herein (Proposal No. 2005P-031G-03). The bill was approved by the Planning Commission.
Ms. Gilmore 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. Ms. Gilmore 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. BL2005-903 and BL2005-904 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 RS15 district properties located at Pettus Road (unnumbered), Preston Road (unnumbered), and 5814 Pettus Road (26.34 acres), all of which is described herein (Proposal No. 2005Z-059G-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 located at 5814 Pettus Road, Pettus Road (unnumbered), and Preston Road (unnumbered), (26.34 acres), to permit 39 residential lots, all of which is described herein (Proposal No. 2005P-018G-12). The bill was approved by the Planning Commission.
Mr. Coleman 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. Coleman 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 IWD and AR2a to MUL a portion of property located at 12814 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 3,200 feet south of Old Franklin Road (53.13 acres total), all of which is described herein (Proposal No. 2005Z-174G-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.
Without objection Bill Nos. BL2005-908 and BL2005-909 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 RM60 district properties located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, approximately 550 feet east of Harding Pike (1.66 acres), all of which is described herein (Proposal No. 2005Z-168U-10). 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 of a Planned Unit Development District property located at 110, 112A, 114, 116, and 118 Woodmont Boulevard, and 111, 113 and 115 Kenner Avenue, approximately 550 feet east of Harding Pike, (to permit for 34 multifamily units and 3 single-family lots) all of which is described herein (Proposal No. 2005P-032U-10). The bill was disapproved by the Planning Commission.
Mr. Summers 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 in favor of and in opposition to passage of the bills. The President declared the public hearing closed. Mr. Summers moved to pass the bills on second reading and re-refer the bills to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.
Without objection Bill Nos. BL2005-914 and BL2005-915 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 SCR to CS district property located at 15115 Old Hickory Boulevard, at Brentwood East Drive, approximately 620 feet west of Nolensville Pike (3.33 acres), all of which is described herein (Proposal No. 2005Z-148U-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 amending the Planned Unit Development located at 15115 Old Hickory Boulevard, to permit the change in use from retail to self service storage for a 28,750 square foot portion of a 47,500 square foot building approved for 47,500 square feet of retail use, all of which is more particularly described herein (Proposal No. 133-76-U-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.
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 RM20 district a portion of property located at 6433 Nolensville Pike along the west side of Bluff Road (4.09 acres), all of which is described herein (Proposal No. 2005Z-171G-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 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 AR2a to MUL district property located at 6664 Nolensville Pike, 1,265 feet south of Autumn Oaks Drive (3.4 acres), all of which is described herein (Proposal No. 2005Z-149G-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 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 R40 to RM6 District properties located at 715 and 717 Old Hickory Boulevard and 5609 Valley View Road, at the southwest corner of Old Hickory Boulevard and Valley View Road (3.3 acres), all of which is described herein (Proposal No. 2005Z-164U-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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.