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Minutes Metropolitan Council Meeting |
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 Gotto.
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, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (38); Absent: Barry, Burch, Adkins (3).
The Minutes of the regular meeting of February 16, 2010, were approved.
- ELECTIONS AND CONFIRMATIONS -
Industrial Development Board
The President called for nominations to fill one (1) vacancy on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for a term expiring August 23, 2011. Mr. Hunt nominated Ms. Rachel L. Bell. There being no further nominations, the President declared the nominations closed. The nominee was referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.
- BILLS ON PUBLIC HEARING -
Without objection Bill Nos. BL2007-85 and BL2007-86 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 portion of the Riverwalk Planned Unit Development district located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road, (58.48 acres), approved for 61 multi-family dwelling units, all of which is described herein (Proposal No. 2000P-003G-06).
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 RM2 to RS40 property located at 6000 Rivervalley Drive, at the southeast corner of Rivervalley Drive and Newsom Station Road and located within a Planned Unit Development Overlay (58.48 acres), all of which is described herein (Proposal No. 2007Z-184G-06).
Mr. Mitchell moved to defer the bills to the May public hearing, 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 for properties located at 3886, 3920, 3924, 3992, 4068, 4072, 4194, and 4206 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), approximately 4,700 feet south of Cleeces Ferry Road (1,487.69 acres), to create a new mixed use SP district called "May Town Center" proposed for general office uses, commercial uses, hotels, residential uses, and open space, all of which is described herein (Proposal No. 2008SP-022G-03). The bill was disapproved by the Planning Commission. Mr. Matthews moved to withdraw the bill, bill being requested by Civil Site Design Group, since significant modifications to the proposal are being considered which would require re-consideration by the Planning Commission and a public hearing by the Council on a modified plan. The 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 RS7.5 to RS20 zoning for various properties along Larchmont Drive between State Route 45 and N. Dupont Avenue (7.39 acres), and from RS10 to RS40 zoning for various properties along Hillcrest Drive, Neelys Bend Road, and Randy Road (103.91 acres), all of which is described herein (Proposal No. 2010Z-003PR-001). 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 and 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 making applicable the provisions of a preliminary approval for the Taco Mamacita Planned Unit Development for a portion of property located at 1200 Villa Place, at the southeast corner of Villa Place and Edgehill Avenue, zoned RS5 (1.07 acres), to permit the sale of beer for on-premises consumption in an existing 4,443 square foot restaurant thereby exempting the establishment from the beer regulations 100 foot minimum distance from a residential use, all of which is described herein (Proposal No. 2009P-005-001). 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 citizens were in favor of and in opposition to 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.
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 Parkside Specific Plan District located at 5940 Mt. Pisgah Road, approximately 830 feet east of Edmondson Pike, (10.2 acres), zoned SP, to permit 31 single-family dwelling units where 30 were previously approved, all of which is more particularly described herein (Proposal No. 2007SP-057-001). 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 citizens were in favor of and in opposition to the bill. A document was filed for the record in this matter. 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 RS7.5 to SP zoning for property located at 1022 Virginia Avenue, approximately 180 feet west of Gallatin Pike (0.13 acres), to permit a general office use within a single-family dwelling unit, all of which is described herein (Proposal No. 2009SP-034-001). The bill was approved by the Planning Commission. Ms. Bennett 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. Bennett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from CS to OR20 zoning for property located at 4400 Indiana Avenue, at the northwest corner of Indiana Avenue and 44th Avenue North (0.28 acres), all of which is described herein (Proposal No. 2009Z-041PR-001). 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.
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 an Urban Design Overlay (UDO) district to be known as the "Fawn Crossing UDO" to properties located at 6052 Mt. View Road and at Hamilton Church Road (unnumbered) and for properties located along Shady Tree Lane and Apple Orchard Trail, zoned RS10 (107.69 acres), to apply building design standards to all residential lots within the proposed and already-developed sections of the Fawn Crossing Subdivision, all of which is more particularly described herein (Proposal No. 2010UD-001-001). Mr. Duvall requested a suspension of the rules for consideration of this bill for which there was not yet a Planning Commission recommendation. Objection was made by at least two members of Council, therefore the rules were not suspended. The bill was deferred to the May public hearing.
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to RS20 zoning for property located at 1101 Barnes Road, approximately 250 feet north of Barnes Bend Drive (3.0 acres), all of which is described herein (Proposal No. 2010Z-002PR-001). 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 R10 to SP zoning for property located at 1112 Clifton Lane, at the northeast corner of Clifton Lane and Granny White Pike, to permit 25 existing dwelling units where 20 dwelling units were legally approved by the Codes Administration Department (2.09 acres), all of which is described herein (Proposal No. 2009SP-032-001). The bill was approved by the Planning Commission. Mr. McGuire 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. McGuire 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 relative to “Construction/Demolition Landfill” in Nashville and Davidson County (Proposal No. 2010Z-003TX-001), all of which is more particularly described herein. 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 citizens were heard in opposition to the bill. Documents were filed for the record. The President declared the public hearing closed. Mr. Hunt moved to defer the bill to the first meeting in April, 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, to modify the definitions, land use table, and development standards to add a new land use “Construction/Demolition Waste Processing (project-specific)” as a use permitted with conditions (PC) in Nashville and Davidson County (Proposal No. 2010Z-004TX-001), all of which is more particularly described herein. 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.
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 add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2010Z-006TX-001). Ms. LaLonde moved to defer the bill to the May public hearing, 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 relative to “Recycling Facility” in Nashville and Davidson County (Proposal No. 2010Z-007TX-001), all of which is more particularly described herein. 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 citizens were heard in favor of and in opposition to passage of the bill. Documents were filed for the record. The President declared the public hearing closed. Mr. Hunt moved to defer the bill to the first meeting in April, which motion was seconded and adopted by a voice vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing Reginald W. Coopwood, M.D, upon his departure from the Metropolitan Nashville Hospital Authority.
A resolution recognizing Larry Stephenson on his retirement with The Metropolitan Government of Nashville and Davidson County.
A resolution recognizing Representative Ben West, Jr., on the occasion of his retirement from the Tennessee General Assembly.
A resolution recognizing the Nashville Storm.
A resolution recognizing Granbery Elementary School.
A resolution recognizing the 50th Anniversary of the Sit-In Movement in Nashville, Tennessee.
A resolution recognizing Keep America Beautiful’s Great American Cleanup and designating March, April and May 2010 as “Great American Cleanup Months” in Metropolitan Nashville and Davidson County.
A resolution recognizing Tuesday, March 2, 2010 as “Read Across America Day”, a national celebration of Dr. Seuss’ birthday.
The consent agenda resolutions were approved by the Rules-Confirmations-Public Elections Committee. Ms. Page moved to adopt the resolutions, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- RESOLUTION -
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Section 12.40.200 of the Metropolitan Code pertaining to unattended motor vehicles. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.
An ordinance amending Title 2 of the Metropolitan Code of Laws by amending Sections 2.76.130, 2.80.090, 2.84.120 and 2.92.120 relating to the filing fees for appeals to various boards and amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.12.240, 16.16.400, 16.16.480, 16.20.250, 16.20.260, 16.24.650, 16.28.110 and 16.28.140 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, examination of plans, refunds, as well as administrative fees and other fees charged by the Department of Codes Administration. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.
An ordinance declaring surplus and approving the disposition of certain parcels of real property labeled A-C (Proposal No.2010M-001PR-001). 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 and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance authorizing Ace Hospitality Inc., d/b/a Spring Hill Suites and Residence Inn, to install, construct, and maintain an aerial and underground encroachment over the public sidewalk and over Alley No. 382 at 1800 and 1806 West End Avenue and at 1801 and 1807 Hayes Avenue (Proposal Number 2009M-015EN-001). 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.