A resolution requesting the Vice Mayor to appoint a task force to make recommendations to the Urban Forester and the Council regarding the appropriate tree bank fee schedule and whether portions of certain commercial property should be exempt when determining the number of trees required to meet the applicable tree density requirements.

WHEREAS, Section 17.40.480 of the Metropolitan Code provides for the establishment of a tree bank, with contributions thereto to be made pursuant to a fee schedule promulgated by the Urban Forester and approved by resolution of the Council; and

WHEREAS, two resolutions to approve a tree bank fee schedule promulgated by the Urban Forester were considered by the Council during the previous Council term, but were deferred indefinitely and ultimately withdrawn at the end of the term; and

WHEREAS, certain questions and concerns have been raised as to whether the amounts set forth in the proposed fee schedule are appropriate; and

WHEREAS, the Tennessee Court of Appeals in Western Express, Inc. v. Metropolitan Government of Nashville and Davidson County, 2007 WL 2089744 (Tenn. Ct. App. July 11, 2007), recently held that paved loading areas and tractor-trailer staging, loading, and parking areas are considered “structures” within the Metropolitan Zoning Code, and therefore, should not be included in the computation of the number of trees that are required to meet the applicable tree density requirements; and

WHEREAS, it is fitting and proper that a task force be appointed to make a recommendation regarding the appropriate tree bank fee schedule and to consider whether a portion of certain commercial uses should be exempt from the tree density calculations.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. “That the Metropolitan County Council hereby goes on record as requesting the Vice Mayor to appoint a task force to determine the appropriate tree bank fee schedule and propose such other amendments as may be necessary to accommodate the Tennessee Court of Appeals ruling in Western Express, Inc. v. Metropolitan Government of Nashville and Davidson County, 2007 WL 2089744 (Tenn. Ct. App. July 11, 2007). Such task force should consist of eight members, four of which should be representative of the business community, and four of which should be appointed from a list of names suggested by the tree advisory board. The Urban Forester and the Vice Mayor should serve as ex officio members of the task force. The task force should report its findings back to the full Council not later than February 1, 2008.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to Vice Mayor Diane Neighbors.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jason Holleman, Emily Evans, Mike Jameson