Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, May 6, 2008


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

The invocation was offered by Dr. Harry Yates of Nashville Cowboy 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: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (39); Absent: Langster, Foster (2).

The Minutes of the regular meeting April 15, 2008, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmations-Public Elections Committee recommended withdrawal of the following proposed amendment to the Rules of Procedure of the Metropolitan Council:

Rule 32 - Amend by adding the following provision as a new paragraph at the end thereof:

“Before calling for the vote on a motion to table or motion for the previous question, the Vice Mayor shall verbally identify all Members of Council that had requested to speak prior to the making of previous question motion or tabling motion.”

Mr. Stanley moved to withdraw the proposed amendment, which motion was seconded and adopted by a voice vote of the Council.

- ELECTIONS AND CONFIRMATIONS -

Agricultural Extension Board
Appointment of Mr. Steve Butler for a term expiring August 1, 2010. Mr. Butler will fill the unexpired term of Mr. Robert Basse. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Emergency Communications District Board
Appointment of Mr. Larry Cole for a term expiring February 14, 2012. Without objection the confirmation was withdrawn at the request of the administration.

Equalization Board
Appointment of Mr. Preston Balthrop for a term expiring April 1, 2010. Mr. Balthrop will represent the General Services District. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Peter Westerholm for a term expiring April 1, 2010. Mr. Westerholm will represent the Urban Services District. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Christy Wilson for a term expiring April 1, 2010. Ms. Wilson will represent the Urban Services District. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Historic Zoning Commission
Appointment of Ms. Ann Nielson for a term expiring April 1, 2013. Ms. Nielson will serve as an historic overlay district resident. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Parks and Recreation Board
Appointment of Ms. Ivanetta Davis Samuels for a term expiring April 30, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Planning Commission
Reappointment of Mr. George Derrick Dalton for a term expiring March 31, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Hunter Gee for a term expiring March 31, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Plumbing Examiners and Appeals Board
Reappointment of Ms. Lynn Taylor for a term expiring March 10, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transportation Licensing Commission
Appointment of Ms. Mary Griffin for a term expiring April 30, 2010. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Duane McGray for a term expiring April 30, 2010. At the request of the nominee the confirmation was deferred to June 3, 2008.

Vegetation Control Board
Reappointment of Mr. Dwight Beard for a term expiring March 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Ryman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- BILLS ON PUBLIC HEARING -

SUBSTITUTE BILL NO. BL2007-19

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 overlay district to 548 properties in Germantown bounded by Rosa Parks Boulevard, Jefferson Street, Hume Street, and 2nd Avenue North (92.04 acres), zoned R6, SP, OR20, MUN, MUG, CS, CF, and IR and within the Phillips-Jackson Redevelopment District, all of which is described herein (Proposal No. 2007Z-167U-08). 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. BL2007-109

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending the Planned Unit Development district approved by Ordinance No. O95-41 and subsequently revised by the Metropolitan Planning Commission for property located at Bell Road (unnumbered), Blue Hole Road (unnumbered), and 5439 Blue Hole Road, at the southwest corner of Bell Road and Blue Hole Road (159.38 acres), zoned RS7.5, R15, and RS20, permitted for 884 multifamily units and 116 single-family lots, to include additional conditions pertaining to the dedication of a school site and improvements within the Infrastructure Deficiency Area, all of which is more particularly described herein (Proposal No. 95P-025U-12). The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill to the July public hearing, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-135

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 RM20 to CL zoning property located at 2110 Meharry Boulevard, approximately 255 feet west of 21st Avenue North (0.2 acres), all of which is described herein (Proposal No. 2008Z-019U-08). 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 no one came forward to be heard. The President declared the public hearing closed. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Gilmore moved to pass the bill on second reading as amended and re-ref the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-137

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 3839 Murfreesboro Pike, approximately 230 feet north of Old Hickory Boulevard (65.1 acres), to permit the development of multi-family residential uses on up to 28 acres at density of 9 dwelling units for a maximum of 250 dwelling units and the development of commercial uses of 421,500 square feet on up to 37.1 acres of land at a floor area ratio of up to .40, all of which is described herein (Proposal No. 2008SP-002U-13). Mr. Coleman moved to defer the bill indefinitely, the bill being requested by R. Chris Magill Consulting LLC, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-145

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 previously approved Fern Avenue Lofts Specific Plan for properties located at 1206 Brick Church Pike and 40 Evergreen Avenue, at the southwest corner of Brick Church Pike and Fern Avenue (1.26 acres), by adding and changing .19 acres of land located at 1204 Brick Church Pike zoned CS to SP to allow 64 multi-family dwelling units on three properties, where 45 were previously approved on two properties, all of which is more particularly described herein (Proposal No. 2006SP-159U-03). The bill was approved by the Planning Commission. Mr. Harrison requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-153

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to amend Section 17.24.100.A (Replacement of Trees) as to calculation of tree density, all of which is more particularly described herein (Proposal No. 2008Z-025T). 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. 2 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.

Without objection Bill Nos. BL2008-159 and BL2008-197 were considered together.

SUBSTITUTE BILL NO. BL2008-159

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, for preliminary approval for property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), to permit 255 single-family dwelling units, 173 townhome units, 23 cottages and 51 duplex lots for a total of 553 units, zoned RS20 and proposed for RS10 and RM9 zoning, all of which is described here in (Proposal No. 2006P-013G-02). The bill was approved by the Planning Commission.

BILL NO. BL2008-197

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 RM9 and RS10 zoning property located at 3500 Brick Church Pike, 3474 Brick Church Pike and Brick Church Pike (unnumbered) approximately 500 feet north of Village Trail (189.64 acres), all of which is described herein (Proposal No. 2006Z-124G-02). The bill was approved by the Planning Commission.

Mr. Hunt 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. Hunt moved to pass the bills on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-160

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 Planned Unit Development district applicable to various properties located on the east side of Sawyer Brown Road, (12.9 acres), zoned R20, to remove the approved sidewalk along one side of Briksberry Court and Huntwood Place, all of which is described here in (Proposal No. 94-83-G-06). The bill was disapproved by the Planning Commission. Mr. Crafton 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. Crafton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-166

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 zoning 0.67 acres of right-of-way belonging to the State of Tennessee located on the east side of Liberty Lane, south of Vietnam Veterans Boulevard, all of which is described herein (Proposal No. 2008Z-007G-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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-167

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to create the use “animal boarding facility” as a use permitted with conditions (PC) in the IWD and IR districts, all of which is more specifically described herein (Proposal No. 2008Z-028T). The bill was approved by the Planning Commission. Mr. Steine 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. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-168

An ordinance amending Section 17.40.060 of Title 17 of the Metropolitan Code, Zoning Regulations, to require the written consent of all property owners affected by a zoning change prior to acceptance of an application to amend the official zoning map, all of which is more specifically described herein (Proposal No. 2008Z-031T). The bill was disapproved by the Planning Commission. Mr. Crafton 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. Crafton moved to defer the bill indefinitely for revisions to the proposed text change, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-169

An ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T). The bill was approved by the Planning Commission. Mr. Cole 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Cole offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Cole 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. BL2008-173

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Planned Unit Development District approved by Ordinance No. BL2005-746, as amended, for property located at 8042, 8050, 8058, and 8100 Highway 100, (10.12 acres), approved for a 3,000 square foot bank, two restaurants totaling 9,300 square feet, 34,500 square feet of retail and 12,000 square feet of office space, to modify the signage provisions, all of which is described herein (Proposal No. 2005P-017G-06). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-178

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 RS15 district north of Woodmont Boulevard between Lynnbrook Road and Estes Road and along Cantrell Avenue, Cantrell Square, Oaklawn Avenue, Westmont Avenue, Wilson Boulevard, Woodlawn Drive and Woodmont Boulevard (46.37 acres), all of which is described herein (Proposal No. 2008Z-045U-10). The bill was approved by the Planning Commission. Mr. Holleman 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. Holleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-179

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 CS district properties located at 497 and 501 Old Hickory Boulevard, approximately 3,000 feet south of Tolbert Road (7.33 acres), all of which is described herein (Proposal No. 2008Z-040G-06). The bill was disapproved by the Planning Commission. Mr. Crafton 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. Crafton moved to defer the bill while he continues to work with the neighbors on an overlay, the bill being requested by Lori Moss, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-180

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 and canceling a portion of the preliminary plan for properties located at Old Franklin Road (unnumbered), approximately 660 feet north of Crossings Boulevard, classified R10 and AR2a and located within the Crossings Planned Unit Development Overlay (5.38 acres) to remove one parcel and a portion of another from the boundaries of the PUD and to remove a portion of Crossings Circle right-of-way from the approved PUD plan, all of which is more particularly described herein (Proposal No. 84-87-P-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. BL2008-181

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 a Neighborhood Conservation Overlay to various properties west of Gallatin Avenue, located along Bailey Street, W. Eastland Avenue, Finn Street, Laurent Street, McFerrin Avenue, Mansfield Street, Maxwell Avenue, N. 10th Street, and Silverdene Place (65.12 acres), zoned CN, RS5, RM20 and SP, all of which is described herein (Proposal No. 2008Z-043U-05). 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.

BILL NO. BL2008-182

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 BL2005-543 to remove a condition restricting access to Moss Road for property located at Highway 100 (unnumbered), approximately 775 feet south of Collins Road (6.03 acres), all of which is described herein (Proposal No. 2008Z-042G-06). Mr. Mitchell moved to defer the bill to the July public hearing, the bill being requested by Jacky Allen, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-183

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 R6 zoning properties located 4518 Michigan Avenue, at the intersection of 46th Avenue North and Michigan Avenue (.18 acres), all of which is described herein (Proposal No. 2008Z-018U-07). The bill was approved by the Planning Commission. Mr. Baker 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. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-184

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 zoning property located at 2712 Shacklett Drive, approximately 1,030 feet west of Donelson Pike (0.44 acres), all of which is described herein (Proposal No. 2008Z-020U-14). The bill was approved by the Planning Commission. Mr. Claiborne 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. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-185

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 an Urban Design Overlay district to various properties located along Dickerson Pike between 1st Street and Trinity Lane (153.85 acres), to regulate all signage, all of which is described herein (Proposal No. 2008UD-001U-05). Ms. Murray moved to defer the bill to the July public hearing to await a Planning Commission recommendation, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-186

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 CL district property located at 415 W. Trinity Lane, approximately 560 feet west of Monticello Drive (4.10 acres), all of which is described herein (Proposal No. 2008Z-039U-03). The bill was approved by the Planning Commission. Mr. Harrison requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-187

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 and CS to RM4 district property located at Ashland City Highway (unnumbered), approximately 1,075 feet south of Drakes Branch Road (32.5 acres), all of which is described herein (Proposal No. 2008Z-041U-03). Mr. Matthews moved to defer the bill to the July public hearing, the bill being requested by Henry Hood, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-188

An ordinance approving an amendment to BL2006-1296, which changed the zoning for the parcels located at 201, 203, 205, 207, 209, 215, 217 and 221 Broadway, 109, 113, and 119 2nd Avenue South, and 110 and 116 3rd Avenue South, bounded by Broadway, 2nd Avenue South, and 3rd Avenue South (approximately 1.16 acres) from CF to SP zoning (Proposal No. 2006SP-183U-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 citizens were heard in favor of and in opposition to passage of the bill. 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. BL2008-189

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 and RS10 to RS15 district west of Lebanon Pike, along Belding Drive, Danyacrest Drive, Dedham Drive, Dinah Court, Disspayne Drive, Downeymeade Court, Downeymeade Drive, Edgemont Drive, Eldon Court, Jenry Court, Jenry Drive, Myrich Drive, Stafford Drive, and Walcott Drive (163.99 acres), all of which is described herein (Proposal No. 2008Z-047U-14). The bill was approved by the Planning Commission. Mr. Stanley 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. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-190

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 and MUL to SP-MU zoning for the H2O development located at 6950 Charlotte Pike and Cabot Drive (unnumbered), extending from Charlotte Pike to the Cumberland River (23.93 acres), to permit an urban waterfront district consisting of a mixed-use development containing retail, office, residential, hotel, boathouses, and various civic spaces with associated parking structures, garages and lots, all of which is described herein (Proposal No. 2008SP-006U-06). The bill was approved by the Planning Commission. Mr. Mitchell 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. Mitchell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-191

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 a Neighborhood Conservation Overlay to various properties located along Apex Street, Bailey Street, Chicamauga Avenue, Cleveland Street, Emmett Avenue, Granada Avenue, Laurent Street, Granada Court, Manila Street, McFerrin Avenue, N. 9th Street, Petway Avenue, Seymour Avenue, and W. Eastland Avenue (72.4 acres), zoned CN, RS5 and RM40, all of which is described herein (Proposal No. 2008Z-044U-05). 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.

BILL NO. BL2008-192

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 RS10 various properties north of Barnes Road, along Cedarcreek Circle, Cedarcreek Lane, Cedarcreek Place, Cedarcreek Trail, Cedarhill Court, Cedarmont Circle, Cedarmont Court, Cedarmont Drive, Cedarvalley Court, Cedarvalley Drive, Cedarview Drive, Cedarview Drive, Darold Court, Green Timbers Drive, Green Trails Court, Green Trails Drive, Ilawood Court, Ilawood Drive, Maxine Drive, Monte Carlo Court, Monte Carlo Drive, Monte Leone Court, Ridgeview Court, Shabnam Drive, Vickey Court, and Westridge Court (161.84 acres) (Proposal No. 2008Z-037U-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.

BILL NO. BL2008-193

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 preliminary plan for property located at 6834 Charlotte Pike, approximately 450 feet east of Templeton Road, classified CL (6.04 acres) to permit the development of two hotels totaling 133,500 square feet, all of which is more particularly described herein (Proposal No. 144-66-G-07). The bill was approved by the Planning Commission. Mr. Baker 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. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-194

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 and AR2a to RS80 district east of Union Hill Road, along Brick Church Pike, Dry Creek Road, and Hitt Lane (1,086.25 acres), all of which is described herein (Proposal No. 2008Z-046G-02). 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 moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-195

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan of Lakeshore Meadows Planned Unit Development located abutting the south margin of Coley Davis Road and the east margin of Dona McPherson Drive, classified CL and RM6, (18.39 acres) to permit a 94 bed, assisted-living facility containing 103,625 square feet in lieu of an approved 10,000 square foot commercial building, increasing the total approved square footage from 366,164 square feet to 457,789 square feet for the overall development, all of which is more particularly described herein (Proposal No. 93-86-P-06). The bill was approved by the Planning Commission. Mr. Crafton 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. Crafton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-196

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 SP zoning property located at Sawyer Brown Road (unnumbered), approximately 540 feet north of Meadow Lane Drive, to permit the development of 130 townhome units (39.09 acres), all of which is described herein (Proposal No. 2008SP-009G-06). The bill was approved by the Planning Commission. Mr. Crafton 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. Crafton moved to defer the bill indefinitely, the bill being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-198

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 Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05). The bill was approved by the Planning Commission. Mr. Cole 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 opposition to passage of the bill. The President declared the public hearing closed. Mr. Cole moved to defer the bill to the first meeting in June, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-199

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 R8 district properties located at 2902 and 2904 W. Linden Avenue, approximately 95 feet west of 29th Avenue South (0.70 acres), all of which is described herein (Proposal No. 2008Z-029U-10). The bill was approved by the Planning Commission. Mr. Durbin moved to defer the bill indefinitely, the bill being requested by Dennis and Delia Corrieri, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-201

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to add new regulations for digital billboards and to prohibit LED message boards in residential zoning districts, all of which is more particularly described herein (Proposal No. 2008Z-006T). The bill was approved by the Planning Commission. Mr. Steine 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. Steine moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-202

An ordinance amending Section 17.08.030 of Title 17 of the Metropolitan Code, Zoning Regulations, to allow Religious Institution as a use permitted in the SCR district, all of which is more specifically described herein (Proposal No. 2008Z-034T).The bill was approved by the Planning Commission. Mr. Coleman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2008-203

An ordinance to amend Chapter 17.08 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, by adding Rehabilitation Services as a permitted use in the AG and AR2a districts, all of which is more specifically described herein (Proposal No. 2008Z-048T). 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 citizens were heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and failed by the following vote: “Ayes” Barry, Tygard, Steine, Maynard, Harrison, Jameson, Cole, Jernigan, Gotto, Gilmore, Holleman, McGuire, Hodge, Toler, Todd (15); “Noes” Garrett, Matthews, Hunt, Craddock, Murray, Bennett, Forkum, Ryman, Burch, Stanley, Claiborne, Durbin, Baker, Crafton, Adkins, Dominy, Wilhoite, Coleman, Duvall, Mitchell (20); “Abstaining” Page, Moore, Evans (3).

BILL NO. BL2008-204

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 MUN district property located at 1923 Britt Place, approximately 430 feet west of 19th Avenue North (0.17 acres), all of which is described herein (Proposal No. 2008Z-027U-08). 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 a citizen was heard in favor of passage of the bill. 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.

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2008-253

A resolution recognizing Coach Charles M. Anderson on achieving his 1,000th coaching victory.

RESOLUTION NO. RS2008-254

A resolution recognizing the passing of Antioch High School Baseball Coach Ronnie Wilson.

RESOLUTION NO. RS2008-255

A resolution recognizing and congratulating Caroline Bartlett, on being chosen the Metropolitan Nashville Public Schools 2008-2009 “Teacher of the Year” for Una Elementary.

RESOLUTION NO. RS2008-256

A resolution recognizing and honoring Robby Yates, of Lakeview Elementary Design Center on his selection as Metropolitan Nashville Public Schools 2009 Teacher of the Year.

RESOLUTION NO. RS2008-257

A resolution recognizing the Metropolitan Parks Swinging Seniors.

RESOLUTION NO. RS2008-258

A resolution recognizing the Nashville Sounds 2008 Reading Club Program.

RESOLUTION NO. RS2008-259

A resolution supporting the efforts for Nashville’s bid for the NCAA Women’s Final Four.

The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- RESOLUTION -

RESOLUTION NO. RS2008-260

A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Murray, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Durbin, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2008-213

An ordinance amending Chapter 2.176 of the Metropolitan Code to change the rate of the special assessment to be levied on real property within the area of the Gulch Central Business Improvement District. 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. BL2008-214

An ordinance amending Chapter 5.16 of the Metropolitan Code to authorize the collection of a forty-five dollar ($45.00) “victims assistance assessment”, and to designate a victims assistance program to receive funds collected through the assessment. 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. BL2008-215

An ordinance amending Sections 15.20.045, 15.20.050, 15.20.060, 15.36.040, 15.36.070, and 15.36.080 of the Metropolitan Code of Laws to clarify when capacity fees are applicable and procedures for collection and the circumstances under which capacity and tap fees may be paid in installments. 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. BL2008-216

An ordinance amending Section 16.24.330 of the Metropolitan Code exempting school property from the requirement that motor vehicles be parked on a paved or graveled driveway. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market and Education Committees by a voice vote of the Council.

BILL NO. BL2008-217

An ordinance amending Chapter 16.36 of the Metropolitan Code to establish a “Green Permit” for sustainable design development. 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. BL2008-218

An ordinance to repeal Ordinance No. BL2001-777 in its entirety. 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. BL2008-219

An ordinance approving an anonymous donation of $10,000 for the use and benefit of the Davidson County Drug Court program. 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. BL2008-220

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning Alley No. 2007 (Proposal Number 2007M-238U-3). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-221

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning right-of-way and easements for Alley No. 232 (Proposal No. 2007M-247U-9). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-222

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley No. 442 (Proposal No. 2008M-036U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2008-223

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Carothers Road as “Grace Point Lane” (Proposal No. 2008M-051G-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.