Nolensville Planning Commission

Regular Meeting

Nolensville Elementary School

February 13, 2007, 7:00 pm


Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander, Bob Haines and Andrew Grosson.  Staff present were Robert J. Notestine, Henry Laird, Rich Woodroof and Gina Lawrence.


Agenda Item I-Call Meeting to Order


The meeting was called to order at 7:03 p. m. by Chairperson Rick Owens.


Agenda Item II-Pledge of Allegiance


Rick Owens led the meeting in the Pledge of Allegiance.


Agenda Item III-Approval of Minutes from January 9, 2007 Meeting


Rick Owens stated that an update to the minutes had been distributed via email earlier in the day and a copy had been placed at each Commissioner’s seat as well.  He also indicated that the updates that were made consisted of typographical corrections on pages 1 and 3 of the January 9, 2007, minutes.

Rick Owens called attention to the 3rd page near the end of item B and pointed out that it should be changed to read Matt Happel and Rick Owens voted against the motion.  At the end of the next sentence Andrew Grosson should be added as approving the motion rather than Rick Owens.  Frank Wilson noted that Willis Wells should be listed as a member absent.

Mayor Lothers moved to approve the minutes as amended.  Rick Owens seconded the motion.  The motion passed unanimously.


Agenda Item IV-Announcements


Rick Owens announced that as a result of the change from Thursday to Tuesday evening meetings Nolensville Planning Commission members have been available to attend the Williamson County Planning Commission meeting.

Frank Wilson attended the most recent meeting and he stated that the meeting was very informative.  He announced that the Williamson County Planning Department will have three forums regarding the Williamson County Comprehensive Plan.  The closest one will be at Page Middle School on Tuesday, February 27th for those interested in attending.  Mr. Wilson further noted that the Williamson County Planning Commission had a preliminary review of an eight or nine hundred unit subdivision on Cox Road.  Also, the Commission looked at a proposal for the property located just to the left as you turn under the underpass on Wilson Pike at Clovercroft.  This property is proposed to be developed as Chardonnay subdivision.  It is 163 acres, includes Clovercroft Lake and they are asking to start off with 78 lots to be increased at a later time.  The local interest in that proposal is that they have agreed to widen Wilson Pike from Clovercroft to McEwen Drive.

Mayor Lothers asked for a list of times and dates for the Williamson County Comprehensive Plan update.  Rick Owens noted the date and place of each meeting as Monday, February 26th at Hillsboro Elementary, Tuesday, February 27th at Page Middle School and Wednesday, February 28th at Grassland Middle School.  All meetings will be from 6:30 to 8:30 p. m. A sign up sheet was passed around and questions or comments should be directed to phone number (615)790-5725.

Rick Owens noted that he had seen that there was a public notice at the intersection of Split Log Road and Ragsdale Road and was wondering if that property had been addressed at the Williamson County Planning Commission Meeting.  Frank Wilson said that it was not because that property is located in the Brentwood City limits.

Matt Happel announced that he had attended a few of the Land Use Plan meetings for the County. He stated that they have an out of state consulting firm which looks at Towns and infrastructures to determine where growth is going to take place.  They are calling Triune an “840 Center” a location for growth.  The consultants are top notch and it is an open forum so you can ask any question that you want.


Agenda Item V-Citizen Comments


There were no citizen comments.


Agenda Item VI-New Business

1. Site Plan Reviews

A+ Storage Preliminary Review:


Henry Laird stated that we would not be acting on the submitted site plan review tonight. The lot that is being considered is the first lot on the left on Johnson Industrial Blvd. and is shown in the flood plain map.  The lot is in the flood plain so a detailed grading study has to be done.  Also, a HEC RAS computer study model has to be submitted reflecting the disturbed location and showing no increase in the 100 year flood and water velocity on areas up and down stream.  Mr. Tommy Pierce with A+ Storage was present to answer any questions and to get any feedback that the Commission might have.

Jimmy Alexander asked how the cut and fill will work.  Mr. Pierce stated that the property is only about 6/10 of a foot into the fringe of the flood plain so the cut and fill is not overwhelming.  He stated that they have designed about a 20 or 30 foot perimeter strip with a dip in it as well as a 2-3ft retainer wall that goes up to their drive.  He also noted that Civil Engineer Mr. Charlie Dean was present for any technical questions that the Commission might have.

Rick Owens asked if A+ had constructed any other facilities within a flood plain.  Mr. Dean responded that they have completed one in Hermitage on Andrew Jackson Blvd.

Frank Wilson questioned the use of stucco on the exterior of the facility and asked if perhaps hardy board or masonry could be used.  Matt Happel stated that in the Design Review Manual a true commercial facility doesn’t allow stucco below 7 feet. Matt Happel noted some other design suggestions that might need to be added.   Mr. Pierce stated that they would be willing to make whatever adjustments necessary.  Mayor Lothers thanked Mr. Pierce for his willingness to work with the Town on the features suggested.

Mayor Lothers asked how the results from the flood plain study would be handled.  Rich Woodroof stated that he would take a look at the HEC RAS study and he would report to the Commission and they would decide whether or not to approve.

Mayor Lothers commented that she felt that it would be premature to gauge the support of the Commission because so much depends on the flood plain study.  Mr. Pierce stated that his objective was to do whatever it takes to comply with the Town’s requirements.



2. Subdivision Reviews

Sunset Park request for continuation of preliminary plat:


Rich Woodroof stated that the developer initially received approval from the County.  Since the initial approval through the County we have annexed the property.  In the meantime the development has been hung up trying to get sewer through to the property.  Their preliminary plat approval will be running out soon and they are now coming to the Town of Nolensville for an extension of 6 months.  We are asking for the same requirements that the County originally had for the subdivision.  They have to submit plans to redesign the road to minimize the curve on Sunset at the convenience center. They are also going to construct a turn lane into the development.  This was part of the Edmonson Branch Traffic Study so there is a $1270 per subdivision lot traffic impact fee.  The County required that the design of the curve be taken out of that money. Mr. Haemmerlein and Mr. Franks are here for questions and comments.

Jimmy Alexander asked about preparing the design documents that will straighten out the curve on Sunset.  Mr. Haemmerlein stated that they have contracted to have the design created and that design will be turned over to the Town.   Mayor Lothers clarified whether the $1270 fee per lot would cover the design or the actual construction of the road. Mr. Haemmerlein stated that 93 lots at $1270 is somewhere around $117,000.  We will pay the Town approximately $117,000 and you will give us credit for the 6 or 8 thousand that we spend on the design of the road.  Alderman Alexander clarified that if we approve the subdivision we are obligating the Town to straighten out the curve on Sunset at some point.  Mr. Haemmerlein agreed.  Mayor Lothers further clarified that the turn lane is part of the Sunset Park project and will be completed and is not a responsibility of the Town but the straightening of the Sunset curve would be the Town’s responsibility using the Edmonson Branch Traffic fees.

Bob Haines asked about lanes going in and out of the subdivision.  He said that he had noticed that there were two going into the facility and only one coming out.  Mr. Haemmerlein stated that one incoming lane was a free flow right turn lane for traffic coming in from the West side and the other incoming lane is a storage turn lane for traffic coming in from the Brentwood side of the complex.

Larry Gardner-2536 York Road-stated that construction traffic is going in and out on Owen Drive and it is tearing up the road pretty bad.  Justin Franks responded that at the end of the project when we get the turning lane on Sunset Road paved we will also pave that section of Owen Road.  He also stated that the temporary construction entrance was required by the County to remain an entrance into the neighborhood.

Mayor Lothers asked how much blasting was being projected for the site.  Mr. Haemmerlein stated that 99% of the blasting had already been performed and that they were now using a rock hammer to avoid further blasting.  Frank Wilson asked about blasting relating to the sewer line going in.  Mr. Haemmerlein stated that the blasting will be on Ferguson property to the North then across Mr. Post’s property and then out to Brentwood.  Mayor Lothers stated that she would be interested in having verification of the number of pre blast surveys that are conducted and communication to surrounding residents within a ½ mile radius.  Mr. Haemmerlein said that he believed that the pre blast survey had been ordered to start occurring as recently as last Friday.  If acceptable we can have the contractor email to Gina information about who has been included in that pre blast survey.  Mayor Lothers also stated that the Town would also be interested in having a letter go out to property owners explaining the horn signal, timeframe, contact information etc.    Mr. Haemmerlein agreed to keep the Town apprised of communication with surrounding property owners.

Frank Wilson moved to extend the preliminary plat for 6 additional months.   Willis Wells seconded the motion.  The motion passed unanimously.


3. Planning Commission By-Law Revisions

Consider approval of revised by-laws:


Henry Laird stated that he had made the changes that were proposed last month plus the suggestions made by members of the Planning Commission.  The document does follow State Law and sets the procedures for the Planning Commission.

Bob Haines suggested that on page 3 under the section Conflicts of Interest the wording “or participating in the discussions of the matter” should be added after the statement “disqualified from voting.”  Bob Notestine agreed that he felt that it was cleaner not to discuss the matter if you are abstaining.  Rich Woodroof stated that if a Commission member needed to recuse themselves because an issue was going to affect their property they should be able to recuse themselves, step into the audience and address their concerns as a citizen.  Rick Owens suggested changing the wording to allow comments to be made as a citizen if a Commission member recuses himself for conflict of interest.  Bob Notestine suggested the wording “he shall disclose his interest and be disqualified from voting and discussing upon the matter as a member of the Planning Commission.  This does not prohibit a member from stepping down and making citizen comments from the audience.”

Bob Haines also suggested that Section 13, Minutes, item 3 should be worded “Commissioners that are in attendance,” and on item 8 we should add the words “and address” after the name of the person.  Frank Wilson stated that on item 8 the word addresses should be changed to addressed.  Matt Happel asked if we could make the sign up sheet an attachment to the minutes.  Bob Notestine stated that if the minutes reflect the name and address of the person that spoke and what they said it would be satisfactory.

Mayor Lothers moved for approval in conjunction with the stated changes.  Alderman Alexander seconded the motion.   The motion passed unanimously.


4. Land Use Policy Plan Amendment Process

Consider adopting procedures for amending land use plan as an appendix to the Land Use Policy Plan:


Henry Laird explained that the Land Use Policy Process is intended to create a policy which would set out a procedure to handle proposed changes to the Land Use Policy Plan.  It will set up a process for BOMA or the Planning Commission or the property owner to ask the Planning Commission to reconsider or revise the Land Use Policy Plan. It outlines the process of a hearing, notification of adjacent property owners and the presentation of a recommendation to the Planning Commission.  Mr. Laird stated that it will place the burden on the applicant to prove to us why we should change the current Land Use Plan and to show how it would benefit the Town.  It would be made an appendix to the Land Use Plan.  This would also spread the issue out among several Planning Commission meetings in order to prevent pressure to make a recommendation for a zoning change.  Mr. Laird stated that he would like to hear feedback from the Commission on the document.

Bob Notestine stated that he had been concerned about the possibility that there could be an attempt to overtake or take power away from BOMA. He stated that he was unable to find any language that could in any way impede the ability of something to get on the Planning Commission agenda.  Mr. Laird responded that rather than impede the process the intention was to provide a clear procedure whereby a change to the Land Use Policy Plan is made possible.

Alderman Alexander stated he was very pleased with the overall Land Use Policy Plan.  He stated that the Town has been in need of such a document for a very long time and that he was very impressed with the language used.  Alderman Alexander did point out that under the section that reads Zone Change Proposals in Conflict with General Plan that he did not like the idea of the staff being put into the position of making a determination about whether a proposal is in conflict with the Land Use Policy Plan.  Alderman Alexander felt that only the Planning Commission should be responsible for interpreting the Land Use Policy Plan.

Mr. Laird suggested that the section in question could be changed to read “the Town staff will present the conflict to the Planning Commission.”  Alderman Alexander stated that he thought that it should be the responsibility of the property owner to prepare and present the conflict to the Commission.  Rick Owens interpreted the section to read that the Town staff would provide a recommendation in order to inform the Commission of what would be required to make the Land Use Policy Plan compliant with the zoning change.   Mr. Owens stated that the way he interpreted the document was that Town staff is trying to provide information to the Commission about the impact of the change to the Land Use Plan.  Frank Wilson agreed with Mr. Owens interpretation.  Mr. Alexander stated that he believed that the request for Zoning Amendment is the responsibility of the property owner.

Rick Owens stated that perhaps the first sentence on page 2 should be reworded to read “other related plan then the Town staff may present to the Commission in the form of a recommendation.”  Henry Laird stated that he could rework the wording to communicate that the staff would inform the Commission of an opinion that the proposal is or is not in conflict.  It was agreed that Mr. Laird would rework the paragraph in question and bring it back to the Commission next month.

Frank Wilson moved to defer the motion until next month. Matt Happel seconded the motion.  The motion passed unanimously.


Agenda Item VII-Old Business

Subdivision Regulations:


Rich Woodroof stated that he had received one recommendation from Bob Haines for changes to the Subdivision Regulations.  Frank Wilson stated that the only recommendations that he had were discussed in the meeting.  Rich stated that he had asked that all recommendations be forwarded to him via email.  He asked that all recommendations be forwarded to him as soon as possible in order to finalize the changes to the Subdivision Regulations.

Mayor Lothers announced that if anyone had not yet signed up to attended a Williamson County Planning Commission Meeting she would send out an email listing available dates.

Rick Owens announced that Henry Laird had information regarding the Watershed Meeting.  Mr. Laird stated that the Growth Readiness Meeting would be on the 28th of February from 9am to 4pm in Murfreesboro.  If anyone is interested in attending please email Henry Laird.  Rich Woodroof stated that it is an excellent meeting and that there is no charge to attend.


Agenda Item VIII-Other Business


1. Monthly Bond Report


Rich Woodroof announced that all of the bonds are up to date.  Burkitt Place is looking at taking some of their bonds down to maintenance bonds.  He discussed the requirements that must be met in order to reduce the bonds to maintenance bonds.  The Town currently has $5,006,769.40 in bonds for the Town.

Rick Owens moved to accept the bond report.  Bob Haines seconded the motion.  The motion was approved unanimously.


Agenda Item IX-Adjournment


The meeting was adjourned at 8:45 p. m.



Respectfully submitted,



Gina Lawrence                                                                                    Date

Recording Secretary









Matt Happel                                                                            Date

Planning Commission Secretary