Nolensville Planning Commission January 13, 2009

Nolensville Planning Commission Regular Meeting at old Nolensville Elementary School

January 13, 2009

Board Members Present: Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Rick Owens, Willis Wells and Frank Wilson

Board Members Absent: Beth Lothers and Douglas Radley Staff Present: Tom Allen, Henry Laird, Cathi Little and Attorney Bob Notestine

Citizens Present: 9


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


The pledge of allegiance was led by Chairman Owens.


Commissioner Frank Wilson made a motion to approve minutes of the December 9, 2008, Planning Commission Meeting; Commissioner Bob Haines seconded the motion, which passed unanimously.


There will be a workshop held at Town Hall on Tuesday, January 20, 2009, 8:30 a.m. on future land use for northern Mill Creek area along Nolensville Road.


Larry Gardener - 2536 York Rd. Mr. Gardener spoke about the proposed zoning amendment regarding common driveways. He stated that he feels a 50 foot easement is too wide for just 2 houses; he would like the Commission to consider reducing the easement to a width of 25 to 30 feet.


1. Election of Officers for 2009 Year Chairman Owens made a motion to continue the officer standing as it currently exists. Commissioner Haines seconded the motion, which passed unanimously.

Rick Owens - Chairman

Willis Wells - Co-Chairman

Matt Happel - Secretary

2. Mill Creek Restoration Project Planner Henry Laird stated that Eric Chance, of the Tennessee Stream Mitigation Program, will give a presentation on this project.

Tom Allen stated that they appeared before the Storm Water Appeals Board. The request was for variances due to disturbance of the stream buffer, grading within the flood plain and floodway. The variances were granted with two conditions: That all necessary state and federal permits are obtained and coordinate the tree planting with the Town.

Mr. Chance explained the background and goals of the Tennessee Stream Mitigation Program and the steps taken on a new project. He went on to say that Turnberry Homes approached them about this project, which is approximately 2400 feet in length. The goals of this project are to improve water quality, channel stability, aquatic habitat and repairing habitat. They are also going to eliminate the non-point source pollutants and stop the bank erosion. They also hope to reestablish bed form diversity and help provide a habitat for the Nashville Crawfish. (See Attachment A)

Two of the bridges will be removed, as they are safety hazards, they are not being used, and they are causing constrictions along the stream channel that cause instability. The upstream bridge will remain. Once completed, the entire project will go into a conservation easement so the integrity of the project can never be impacted again. By removing the bridges, the project will actually lower the 100 year flood plain problems upstream.

Chairman Owens made a motion to approve the Mill Creek Restoration Project, Commissioner Haines seconded. The motion passed unanimously.


3. Variance Request/Subdivision Regulations: CK Development

a. Bent Creek Phase 3, Sec. 1 to reduce performance bond to $48,500
b. The Reserve at Bent Creek to reduce performance bond to $64,000

Henry Laird stated that this request is a variance to our subdivision regulations which states that only one reduction to a performance bond is allowed, and not more than 30% of original amount.

Eric McNeely, Cates Kottas Development. Mr. McNeely stated that they had misinterpreted the regulations when they reduced the performance bond, and did not request a reduction of the full 30% of the original bond amount. Since the regulations state only one reduction is allowed, they are requesting a variance to allow a further reduction of the bond amounts.

Chairman Owens made a motion to grant a variance to reduce the performance bond to $48,500 on Bent Creek Phase 3, Section 1; and to reduce the performance bond to $64,000 on the Reserve at Bent Creek. Commissioner Happel seconded the motion.

Commissioner Haines made an amendment to the motion that the granting of this variance will substantially not be detrimental to the public good. Commissioner Happel seconded the amendment, which passed unanimously.

Upon vote being taken, the original motion, as amended, passed unanimously.

4. Bent Creek Phase 5, Section 1, extend $181,000 performance bond Commissioner Wilson made a motion to approve the extension of the $181,000 performance bond on Bent Creek Phase 5, Section 1. Commissioner Happel seconded the motion, which passed unanimously.


5. CR area access plan for future commercial development along Northern corridor of Nolensville Road

Commissioner Wilson read the following:

3.4.3 Access Plan In order to minimize the number of access points on arterial and collector roads, the Town Planner shall, when the first development occurs in a previously undeveloped area, prepare an access plan for the area. All land owners shall be required to conform to this plan in order to get site plan or subdivision approval. The access plan shall be approved by the Planning Commission.

He was concerned that the Town should speak with the current property owners before making a decision that will affect their property.

Commissioner Alexander stated that it is his impression that by the time this proposed road is to be constructed, that the current property owners will have sold their property to developers.

Jim Solomon, 7044 Nolensville Rd. Mr. Solomon is afraid that if a developer approaches the town and are told they must build a road in order to be approved to develop the area, they may lose interest. He would like to let them show what they would like to do, then tell them we would like to see an access road.

Commissioner Haines made a motion that Town Staff send a letter notifying the property owners that are affected by this access plan that a meeting will be scheduled to explain the Town’s intention. Commissioner Owens seconded the motion, which passed unanimously.

Bob Notestine suggested that when this matter is brought up again for a vote, to indicate such on the agenda.

6. Report from last BOMA meeting

Commissioner Alexander reported on BOMA actions taken at the January 8, 2009, meeting, that pertained to the Planning Commission.

7. Proposed zoning amendment regarding private roads

Chairman Owens made a motion to accept the recommendation by staff to modify the previously changed Article 3.4.7 to allow a gravel surface for up to 2 lots, and require a 22 foot wide paved surface for 3 to 7 lots within an overall maximum density of 1 unit per 1.5 acres. Commissioner Wells seconded the motion, which passed unanimously.

8. Proposed zoning amendment regarding common driveways

Chairman Owens made a motion accepting the recommendations of staff in regards to Article 3.4.8, with the exception that the 50 foot easement will be changed to a 30 foot easement. Commissioner Alexander seconded the motion, which passed unanimously.


Commissioner Wilson made a motion to approve the Bond Report as amended, Chairman Owens seconded, the Bond Report was approved unanimously. ADJOURNMENT Meeting was adjourned at 8:40 p.m. Approved, Dated: Matt Happel Planning Commission Secretary

Attachment A