Metro Seal

Minutes


Metropolitan Council Meeting
Monday, March 5, 2007


The Metropolitan Council met in regular session on this date at 6:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Councilman Jim Hodge.

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, Hunt, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, Loring, Page, Greer, Hausser, Wallace, Walls, Whitmore, Evans, Summers, Shulman, Adkins, Foster, Wilhoite, Hodge, Toler, Coleman, Duvall, Williams, Tygard and President Gentry (36); Absent: Neighbors, Hart, White, Crafton, Alexander (5).

The Minutes of the regular meeting of February 20, 2007, were approved.

BILLS ON PUBLIC HEARING

BILL NO. BL2006-1088

An ordinance amending Title 17 of the Metropolitan Code of Laws to clarify different park and recreation uses (Proposal No. 2006Z-096T. The bill was disapproved by the Planning Commission. Mr. Tygard 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. Tygard moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1177

An ordinance amending Section 17.20.120 of Title 17 of the Metropolitan Code, Zoning Regulations, by modifying the basis for calculating a financial contribution in lieu of sidewalk construction, all of which is more specifically described herein (Proposal No. 2006Z-164T). The bill was disapproved by the Planning Commission. At the request of the sponsor, Mr. Tygard move to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1285

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by creating a passive park as a new recreational land use, by providing that passive parks be permitted by right in non-residential districts and be permitted by special exception in residential districts, all of which is more particularly described herein (Proposal No. 2006Z-196T). The bill was disapproved 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 and defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1290

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by repealing Ordinance No. BL2006-972, which made certain automobile repair, services, and sales uses permitted only within the Specific Plan (SP) district, and modified the definition of these uses and land use tables accordingly (Proposal No. 2007Z-001T). 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 defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1297

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 a portion of the property from AR2a to SP zoning located at 7848 McCrory Lane, adjacent to the CSX Railroad and south of Highway 70 (30 acres) to permit 180 townhomes, all of which is described herein (Proposal No. 2006SP-174G-06). Mr. Tygard moved to defer the bill to the May public hearing, the bill being requested by McCrory Lane Partners, LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1303

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 zoning property located at 4334, 4374 and 4414 Maxwell Road and Maxwell Road (unnumbered), and Route 2 Maxwell Road, (77.3 acres), approximately 430 feet east of Flagstone Drive, to permit 328 single-family attached units and detached units, all of which is described herein (Proposal No. 2006SP-081U-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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2007-1344

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 to IWD zoning properties located at 3720 Brick Church Pike and Briley Park Boulevard South (unnumbered), on the west side of Brick Church Pike north of Briley Parkway (16.95 acres), all of which is described herein (Proposal No. 2007Z-020U-02). The bill was disapproved by the Planning Commission. Mr. Hunt 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. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1350

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to R10 zoning property located at 2902 23rd Avenue South, approximately 320 feet south of Sharondale Drive (0.62 acres), all of which is described herein (Proposal No. 2006Z-194U-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 offered Amendment No.1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman 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. BL2007-1351

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to RS10 zoning property located at 3715 Sugartree Place, approximately 190 feet north of Abbott Martin Road (0.48 acres), all of which is described herein (Proposal No. 2007Z-003U-10). The bill was disapproved by the Planning Commission. Mr. Shulman moved to defer the bill to the May public hearing, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1357

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, CL and R15 to SP zoning, properties located at 2700 McGavock Pike, 2716 and 2750 Pennington Bend Road and Pennington Bend Road (unnumbered), at the northwest corner of McGavock Pike and Pennington Bend Road (106.9 acres), to allow for the uses described herein, all of which is described herein (Proposal No. 2007SP-014U-14). The bill was approved 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2007-1359

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 RM2 zoning property located at Whites Creek Pike (unnumbered), approximately 440 feet east of the intersection of Whites Creek Pike and Old Clarksville Pike (5.04 acres), all of which is described herein (Proposal No. 2006Z-192G-01). The bill was approved by the Planning Commission. Mr. Hunt moved to defer the bill to the May public hearing, the bill being requested by Hayden and Richardson Investments, LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1364

An ordinance amending Chapters 17.04, 17.08, 17.16, 17.36, and 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of the historic bed and breakfast homestay and historic home event uses, all of which is more specifically described herein (Proposal No. 2007Z-032T). The bill was approved by the Planning Commission. Ms. Evans 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 the bill. The President declared the public hearing closed. Ms. Evans moved to pass the bill on second reading and defer the bill to the second meeting in April, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1365

An ordinance amending Section 17.12.190 of Title 17 of the Metropolitan Code, Zoning Regulations, to require persons utilizing the cluster lot subdivision option to construct recreational facilities on a portion of the designated common open space, all of which is more specifically described herein (Proposal No. 2007Z-034T). The bill was approved by the Planning Commission. Mr. Hunt 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. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1366

An ordinance amending Section 17.32.050 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color within the CL zoning district, all of which is more specifically described herein (Proposal No. 2007Z-033T). 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. BL2007-1367

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.120 to provide a process for periodic review of older planned unit developments which is more particularly described herein (Proposal No 2007Z-026T). The bill was approved by the Planning Commission. Mr. Summers moved to defer the bill to the May public hearing, which motion was seconded and adopted by a voice vote of the Council with Mr. Foster "Abstaining."

BILL NO. BL2007-1368

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to clarify different park and recreation uses by creating "park, private active" and "park, private passive" as new land uses, all of which is more particularly described herein (Proposal No. 2006Z-196T). The bill was disapproved by the Planning Commission. Mr. Tygard 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. Tygard moved to pass the bill on second reading and defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1370

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 RM4 zoning property located at Eatons Creek Road (unnumbered) and a portion of property located at Binkley Road (unnumbered), approximately 1,700 feet north of Old Clarksville Pike (3.53 acres), all of which is described herein (Proposal No. 2006SP-187G-01). The bill was disapproved 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 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. Gilmore moved to pass the bill on second reading and defer the bill indefinitely, the bill being requested by Joe Smith, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2007-1371

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS10 to ON zoning property located at 1909 Lebanon Pike, at the southwest corner of Lebanon Pike and Gayland Court (0.82 acres), all of which is described herein (Proposal No. 2007Z-002U-14). 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 citizens were heard in favor of the bill. Petitions were filed in favor of the bill. The President declared the public hearing closed. Mr. Loring 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.