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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 Fr. Philip Breen of St. Ann’s Catholic 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: Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell and Neighbors (35); Absent: Garrett, Barry, Maynard, LaLonde, Hodge, Duvall (6).
- ELECTIONS AND CONFIRMATIONS -
Board of Equalization
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Connie Johnson for a term expiring April 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Trasbin Stoner for a term expiring April 1, 2012. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Health
Reappointment of Dr. Ruth Stewart for a term expiring May 30, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Historic Zoning Commission
Reappointment of Mr. Ben Mosley for a term expiring June 1, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Human Relations Commission
Appointment of Mr. Mark Baugh for a term expiring April 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Debra Palmer George a term expiring April 18, 2013. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. Page moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. King Hollands for a term expiring April 18, 2013. At the request of the nominee, the confirmation was deferred.
Appointment of Mr. Frank Stevenson for a term expiring April 18, 2013. At the request of the nominee, the confirmation was deferred.
Plumbing Examiners & Appeals Board
Reappointment of Mr. Chris Wehby for a term expiring March 10, 2014. At the request of the nominee, the confirmation was deferred.
- BILLS ON 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 making applicable the provisions of an Urban Design Overlay (UDO) district to be known as the Pin Hook UDO to properties located at 3534 and 3562 Pin Hook Road, Pin Hook Road (unnumbered), and at Hamilton Church Road (unnumbered), east of Murfreesboro Pike, zoned RM9 (88.39 acres), to apply building design and typology standards to lots zoned as RM9, all of which is more particularly described herein (Proposal No. 2010UD-002-001). At the request of the sponsor, Councilman Dominy moved that the bill be deferred indefinitely, 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 Edison Park UDO to properties located along Painter Drive, Schoolhouse Court, Jenny Ruth Point, Rebecca Trena Way, and Coneflower Trail, east of Mt. View Road, zoned RS10 (20.36 acres), all of which is more particularly described herein (Proposal No. 2010UD-006-001). At the request of the sponsor, Councilman Dominy moved that the bill be deferred indefinitely, 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 Hamilton-Hobson UDO to properties located at 3527, 3606, 3618 and 7086 Hamilton Church Road, Hamilton Church Road (unnumbered), 2214 Hobson Pike and Hobson Pike (unnumbered), at the intersection of Hamilton Church Road and Hobson Pike, zoned CS, MUL, RS10 and AR2a (45.18 acres), all of which is more particularly described herein (Proposal No. 2010UD-007-001). At the request of the sponsor, Councilman Dominy moved that the bill be deferred indefinitely, 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 R20 to CS zoning for property located at 7552 Sawyer Brown Road, on the south side of I-40 adjacent to Sam's Club (4.29 acres), all of which is described herein (Proposal No. 2010Z-008PR-001). 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.
Without objection Bill Nos. BL2010-672 and BL2010-673 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 the 7734 Highway 70 South Commercial Planned Unit Development district located at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road, zoned R40 and proposed for CL (3.37 acres), approved for a commercial nursery facility, all of which is described herein (Proposal No. 18-85P-001). The bill was disapproved by the Planning Commission.
BILL NO. BL2010-673
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to CL zoning for property located within the 7734 Highway 70 South Planned Unit Development Overlay at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road (3.37 acres) all of which is described herein (Proposal No. 2010Z-010PR-001). The bill was disapproved by the Planning Commission.
Mr. Crafton 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 bill and no one came forward to be heard. The President declared the public hearing closed. Mr. Crafton offered a substitute ordinance and moved that it be accepted for filing and no objection was made.
SUBSTITUTE BILL NO. BL2010-673
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to SP zoning for property located at 7734 Highway 70 South, at the northwest corner of Highway 70 South and Harpeth Valley Road and within the Floodplain Overlay District (3.37 acres) to permit certain uses permitted in the CL zoning district, all of which is described herein (Proposal No. 2010SP-007-001).
Mr. Crafton 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 amending the existing Green Hills Urban Design Overlay District to modify variations to the conventional standards of the underlying base zoning, located along Hillsboro Pike, Hillsboro Drive, Hillsboro Circle, Hobbs Road, Warfield Drive, Richard Jones Road, Bandywood Drive, and Abbott Martin Road (107.87 acres) classified SCR, all of which is more particularly described herein (Proposal No. 2002UD-001-001). Mr. McGuire moved to defer the bill to the September public hearing, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a refund of the zoning application fee if an applicant’s proposal is not enacted by the Metropolitan Council, all of which is more specifically described herein (Proposal No. 2010Z-012TX-001). The bill was disapproved by the Planning Commission.
Mr. Crafton moved to defer the bill indefinitely, 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 4414 Westlawn Drive, approximately 200 feet north of Sloan Road (0.18 acres), to permit single-family residential, medical and general office uses within an existing single-family structure not to exceed 1,999 square feet in floor area, all of which is described herein (Proposal No. 2010SP-004-001). 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 citizens were heard in favor of and in opposition to passage of the bill. Documents were filed in favor 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.
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 Villages of Riverwood Urban Design Overlay District, located at the southwest corner of Hoggett Ford Road and Dodson Chapel Road (219.8 acres) classified RM9 and MUN, to modify the conditions of approval in the adopted Council Ordinance BL2004-325 to require an updated Traffic Impact Study with the submittal of each Final Site Plan submittal to the Planning Commission and to also require the applicant to comply with any new requirements of the new Traffic Impact Study, all of which is more particularly described herein (Proposal No. 2004UD-002-002). The bill was disapproved by the Planning Commission. In the absence of the sponsor, 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 a citizen was heard in opposition to passage of the bill. The President declared the public hearing closed. Mr. Gotto moved to defer the bill, 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 Neighborhood Landmark District for property located at 358 Bellevue Road, approximately 310 feet east of Old Harding Pike (0.76 acres), zoned RS15, all of which is described herein (Proposal No. 2010NL-001-001). 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.
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 properties located at 1282 and 1300 Rural Hill Road, approximately 600 feet west of Bell Road (8.96 acres), to permit an 89 unit multi-family residential development, all of which is described herein (Proposal No. 2009SP-018-001). The bill was approved by the Planning Commission. Mr. Dominy requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and a citizen was heard in favor of the bill. The President declared the public hearing closed. At the request of the sponsor, Mr. Dominy 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 Neighborhood Landmark District for properties located at 108 and 112 Leena Belle Avenue, at the northwest corner of Leena Belle Avenue and E. Maple Street (1.26 acres), zoned RS5, all of which is described herein (Proposal No. 2010NL-002-001). 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.
Without objection Bill Nos. BL2010-703 and BL2010-704 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 the Rosedown Residential Planned Unit Development district located at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane, zoned RS10 and proposed for AR2a, (6.6 acres), approved for 17 single-family lots, all of which is described herein (Proposal No. 2004P-023-001). 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 RS10 to AR2a zoning for property located within the Rosedown Residential Planned Unit Development Overlay at 6515 Holt Road, approximately 1,500 feet east of Redmond Lane (6.6 acres), all of which is described herein (Proposal No. 2010Z-016PR-001). 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 canceling the Dinwiddie Square Residential Planned Unit Development District Overlay on properties located at 2401 Fairfax Avenue and at Fairfax Avenue (unnumbered), at the southwest corner of Fairfax Avenue and 24th Avenue South, approved for seven multi-family dwelling units (0.64 acres), zoned RS7.5, all of which is described herein (Proposal No. 286-84P-002). 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.
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 properties located at 4243 and 4301 Hermitage Road, approximately 2,100 feet north of Lebanon Pike (8.32 acres), to permit an assisted living facility, an independent living facility and/or multifamily uses with a maximum floor area ratio (FAR) of 0.65 (or 235,579.5 square feet), all of which is described herein (Proposal No. 2010SP-007-001). The bill was approved by the Planning Commission. Mr. Jernigan 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. Jernigan 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 properties located at Solon Drive (unnumbered) and at Rosebank Avenue (unnumbered), approximately 200 feet north of Carter Avenue (3.99 acres), to permit 15 single-family dwelling units, all of which is described herein (Proposal No. 2010SP-006-001). 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 no one came forward to be heard. The President declared the public hearing closed. Mr. Cole 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 RM9 and RM20 to R8 zoning for properties located at 2113 Cliff Drive and Cliff Drive (unnumbered), approximately 625 feet north of Clarksville Pike (3.09 acres), all of which is described herein (Proposal No. 2010Z-012PR-001). 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.
- CONSENT AGENDA RESOLUTIONS -
A resolution recognizing the many hard working individuals who initially responded to the May 2nd, 2010 flood disaster.
A resolution recognizing and congratulating Anne Henderson on being named 2010 National Museum Education Art Educator of the Year.
A resolution recognizing Catherine McTamaney and Alan Murdock for their dedicated service to the people of East Nashville.
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” Tygard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell (31); “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. Ms. Page moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Claiborne, Page, Moore, Gilmore, Baker, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Toler, Coleman, Todd, Mitchell (32); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Ordinance No. BL2010-689 to extend the deadline for the waiver of permit fees when obtaining a permit for repairing or rebuilding property damaged as a result of the May 2010 flooding. 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 amending Section 7.08.090 of the Metropolitan Code to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits upon the adoption of a resolution by the Metropolitan Council. 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 6 of the Metropolitan Code pertaining to the documentation and storage of vehicles at automobile repair and service establishments. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.
An ordinance amending Chapters 2.62 and 13.08 of the Metropolitan Code to restrict the number of temporary road closures an applicant can be granted in a year. There being objection to passage of the bill on first reading, the bill was deferred.
An ordinance amending Chapters 12.36 and 12.40 of the Metropolitan Code to prohibit buses on Love Circle. There being objection to passage of the bill on first reading, the bill was deferred.
An ordinance to delete in its entirety Chapter 10.20 “Solid Waste Collection and Disposal” of the Metropolitan Code of Laws and replace it with a new Chapter 10.20 “Waste Management.” 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.
An ordinance approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities. 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.
An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to LKQ Corporation/Keystone Automotive. 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.
An ordinance approving a lease agreement between the State of Tennessee and the Metropolitan Government for use of portions of the facilities located on the campus of the Tennessee Preparatory School (Proposal No. 2010M-002PR-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, Education, and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance accepting a donation of funds and vehicles to The Metropolitan Government of Nashville and Davidson County by Volkswagen Group of America, Inc., for the use and benefit of the Department of General Services. 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.
An ordinance authorizing the Metropolitan Government to participate with John Ring to provide public sewer service in Williamson County to Fountainbrooke, Section 10 Property, Project No. 07-SL-83. 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.
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 Lena Belle Avenue and an unnumbered alley (Proposal No. 2010M-009AB-001). 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.
An ordinance amending Section 17.40.740 of Title 17 of the Metropolitan Code, Zoning Regulations, to provide a waiver of the zoning application fee for Members of Council requesting the rezoning of ten or more parcels from a specific plan district to another base zoning district, all of which is more specifically described herein (Proposal No. 2010Z-011TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.
Upon motion duly seconded, the meeting was adjourned.