Nolensville Planning Commission

January 8, 2008, 7:00 p.m.

Nolensville Elementary School

Board Members Present:  Rick Owens, Beth Lothers, Frank Wilson, Douglas Radley, Bob Haines, Andy Grosson,  Jimmy Alexander, and Matt Happel.

Staff Present:  Bob Notestine, Henry Laird, Cindy Lancaster, Cathi Little, and Don Swartz.

Citizens Present:  There were 38 citizens in attendance

Meeting was called to order by Chairman Rick Owens at 7:04 p.m.


The pledge of allegiance was led by Commissioner Frank Wilson.


Commissioner Jimmy Alexander made a motion to approve minutes from December 11, 2007, Commissioner Frank Wilson seconded the motion.

Commissioner Wilson noted on page 6, that the word “Animal” was left out when referring to boarding being allowed with conditions.  Commissioner Wilson made a motion to amend page 6, paragraph 4 as follows:

Commissioner Bob Haines made a motion to allow the boarding of animals be permitted in the OI zone with conditions, and Chair Owens seconded.  Mr. Notestine said it would be the same as before in regards to making sure the international building code is abided by.

Mayor Lothers seconded the amendment.  The amendment to the motion was passed unanimously.

Referring to page 6, paragraph 8, Commissioner Wilson asked if Mr. Laird’s “Recommended written proposed amendment in Article 8” should be reflected in the minutes in detail.  There was some discussion, and it was concluded that the recommendations Mr. Laird provided would be attached to, and therefore become a part of the minutes.

The original motion to approve the minutes from December 11, 2007, as amended, was passed unanimously.


Mayor Lothers noted that the Planning Commission members will be receiving the Williamson County Planning Commission agenda each month.  She asked the commission members if they would want to attend these this year, or only when there was something regarding Nolensville or our growth boundaries. 




Site Plan Review:

Brentwood East – Regency Centers

Site Plan for Commercial Center at Nolensville Road and Burkitt Place Drive

Tom Henricks, Sr. Project Manager for Regency Centers, proposed owner of shopping center and Stephen Brown, their engineer from Gresham, Smith and Partners, their architect, Jeff Roark with Little and Associates, and representatives from PGM Properties, and Greenberg-Farrow.  Mr. Henricks noted they were there to basically answer any questions.

Mr. Roark noted that the facility would be comprised of a Home Depot and to the right of that there will be about 15,000 sq. ft. of shops.  He discussed the materials that would be used.  He said they would take special interest in the shops that would be adjacent to the residential area.  Reducing some of the typical design measures, instead of their traditional orange tube steel, it will be brick surround. He thinks it will be very compatible with our ordinance, with the community and be an asset.

Citizen Comments:

Vance and Suzannah Wilson, 8040 Canonbury Drive in Burkitt Place, both expressed much concern over the Home Depot going in directly behind them.  They stated they were told by several people that there would be village-type commercial buildings built in the field behind them.  They are not pleased with anything that large, and can’t fathom the traffic impact to try and get to and from their home after Home Depot and further development of other places this size.  There are a lot of homes on their street that back up to this proposed commercial structure.  Mrs. Wilson noted that currently people are cutting through from I-24 and Burkitt Road to get to Nolensville Rd.  In the future, the number to of cars will be uncontrollable. 

Mayor Lothers stated that area is the only area zoned as large commercial in Nolensville, and has always been zoned as large commercial.

Concerning landscape buffering, Alfred Bennett of 7286 Nolensville Road noted that the Bennetts had planted bush honeysuckle around their property.  Mr. Bennett stated that it is fast growing, and gets as tall as this ceiling, and it keeps sound down in addition to anything else that someone would want to block.

Commissioner Matt Happel made a Motion to Approve the Brentwood East – Regency Centers Site Plan for Commercial Center at Nolensville Road and Burkitt Place Drive, with the nine (9) conditions that the staff recommended, Bob Haines seconded this motion.

Mayor Lothers asked if there could be more discussion on some of the issues raised and asked if someone could show the buffering that would be applied.

Stephen Brown demonstrated on a map that the main entrance to the Shopping Center will be off Nolensville Rd, with a secondary entrance off Burkitt Place.  He noted that they have complied with the Nolensville zoning ordinance by providing a 40 foot landscape buffer at the rear of the building and loading dock, with a mix of evergreen and deciduous trees (8 foot tall at initial planting).  He stated that there is a 60 foot open space directly behind Burkitt Place, plus drive space as a buffer, which totals about 150 feet between the Shopping Center and the Burkitt Place homes.

Mr. Brown stated that Nolensville has a very strict lighting ordinance which is zero bleed over lot line, the lights project down, not past property lines.  The existing tree line was shown on the map.  Mr. Wilson asked if certain trees would remain.  Mr. Henricks stated that they will be retained, plus the new 40 foot buffering.  He added that anything on the residential side will remain.

Mayor Lothers stated that she is very proud of Nolensville’s landscaping guidelines.  We have very strict landscaping, buffering, dark sky ordinances, which were put into place before her time.  Where there is no screening now, there will be trees added. 

Chairman Owens asked that Commissioner Happel discuss some of the landscape issues.  Commissioner Happel said that if you look at a typical Home Depot, you would see a 6’ orange band around the building; that will not be on this building.  He said that brick has been added to several places, including brick columns.  There is actually more landscaping going in front of the building than what is required.  There are also some added parking lot islands with more trees.  The sidewalk isn’t straight, it is curved, with more landscaping around it.  He noted the architectural element is part of Nolensville’s design review standards.  He stated he thinks it will be the best looking Home Depot in Middle Tennessee.  There are standard parking lot lights in the front, but those closer to Burkitt Place and Nolensville Road will be smaller lighting, to match those in Burkitt Place.  The fencing will also match the residential area that CPS Land currently has in place.

Chairman Owens noted that the commission members also live in Nolensville and have the same concerns that the citizens do.

Staff member Don Swartz stated he was not involved in the traffic study done by Gillian Fishbach, but only reviewed it for completeness.  Regarding the extra traffic through Burkitt Place from I-24 and Burkitt Road, that is random, usually only when there are traffic problems, so that wasn’t taken into account in the traffic study.

Ms. Fishbach came up with several recommendations.  Mr. Swartz reviewed the three he considered to be of most importance.  The first being installation of a traffic control signal on Nolensville Road at Burkitt Place.  Since Nolensville Road is a state highway, it will fall under the state TDOT criteria.  The second recommendation is the widening of Nolensville Road at the main entrance drive to accommodate a left turn lane.  And lastly, the design of the exit – there will be two exit lanes. 

Mr. Swartz stated that with the improvements recommended by the engineer, the traffic will be maintained at a “pretty good” level of service.  There are 5 levels of service, “A” is best, very little delay, and “F”, being excessive delay, is the worst.  Level “D” is considered to be the level expected in urban design.  The lowest level of service for this area will be an “E”, at the westbound turn lane during A.M. and P.M. driving.  All the others are “C’s” and “D’s”. Mr. Swartz noted that we have agreed with their recommendations and will incorporate them into the approval of this project.

Mayor Lothers asked Tom Allen if he had any additional comments.  Mr. Allen stated that he wanted to thank Stephen Brown and Rob Whitson, as they have been very responsive to all of his questions and comments.  He noted that the developer has not only met, but has exceeded the Town’s stormwater requirements, and will also meet those of Metro.

Dean Bain, 8069 Canonbury Drive, asked about the traffic, noting that the discussion had been mostly about Nolensville Road and Burkitt Place Drive.  He asked if this would be the primary entrance.  Mr. Swartz stated that no, he did not mean to convey that.  There would be a light there, but that is not the primary entrance.

Stephen Brown went to the map again to show where the truck route was.  The trucks will come in through the main entrance around the North side of Home Depot to truck turnaround and the receiving dock.  He noted that there was a secondary entrance, but that is for the convenience of shoppers, and it was designed so the tractor trailer trucks will find it difficult to make the turns, thus encouraging them to use the main entrance.  Home Depot has operational control, they set when, where and how the trucks come in and out, and usually schedule deliveries during non-peak times.

Mayor Lothers asked about how the dumpsters would be screened.  Commissioner Happel showed the bricked dumpster area for the shops on the PowerPoint presentation.  He noted there would also be one next to the Home Depot building down in the truck well.  This one will be a compactor, with a chute connected to the building.  It will be lower, mostly hidden, and not exposed to the outside.

Commissioner Haines asked if they limited certain hours for deliveries.

Dan Pellissier, Greenberg Farrow, consultant for Home Depot, stated that they do regulate the hours of delivery, noting that it would not be during peak driving times.  The proposed store hours will be around 6-7 am to 10 pm.  This location will not be open 24 hours.

Mayor Lothers read all 9 considerations for approval:

  1. Provide site lighting along outer areas and smaller parking lots that match the style of the Burkitt Place light poles and lamps fixtures and are not more than 16’ high plus base; allow 30’ poles with 2.5’ base in larger parking area as shown in plans provided the zoning amendment allowing taller light poles in the CR district is approved by Mayor and Board of Aldermen.
  2. Provide performance bond with letter of credit on all landscaping to cover completion of all improvements and maintenance as required in Appendix B, 1.2.2.G., prior to issuance of building permit.
  3. Provide performance bond with letter of credit for all off-site road improvements per Don Swartz’s memo of 12/27/07 prior to issuance of building permit; includes traffic control signal at Burkitt Place Drive and all entry and exit lanes.
  4. Provide stormwater management plan revisions/additions per Tom Allen’s recommendations, if any.
  5. Provide documentation of availability of water and sewer from Metro Water and Sewer.
  6. Master signage plan approval is conditional upon:

a)       Zoning amendment being passed that allows for more wall signage area in the CR district that would allow wall signage proposed for the Home Depot entrance sign.

b)       Entrance sign for Home Depot being revised to indicate that sign is to be externally lighted, shielded, since internal illumination is not permitted on entrance/monument type signs.  Individual signs will require obtaining a sign permit before installation.

  1. Orange columns in the Garden Center shall be changed to black or bronze to match the adjacent fencing.
  2. All benches, trash receptacles and all other building accessories shall be black.
  3. A final plat is required to be submitted to the Planning Commission and approved and recording at the Williamson County Register of Deeds before issuance of building permit.

Chairman Owens asked if staff member Henry Laird could comment on any of the conditions, specifically the bond amount.  Mr. Laird said that would be obtained once the site plan was approved.  Once construction plans are prepared, estimates will be prepared, and they will be reviewed to ensure they are sufficient to cover landscape improvements and off-site road improvements.

The other conditions are a study through Metro water and sewer to provide the water in the area.  The signage plans are conditions that an amendment needs to be passed to allow a larger wall sign area.  They have agreed to the external illumination of the main entrance sign, which is one of the conditions.  They will be back next month with a final plat on how they will divide these parcels out so that they can be recorded.

Commissioner Wilson asked if they had received a letter yet from Davidson County.  Mr. Brown said they have been working with Nolensville/College Grove Utility District and with Metro.  Nolensville has informally told them that they will relinquish rights to provide the water, and Metro is holding the availability request until after they hear from Nolensville after their board meeting that was held today.

Commissioner Wilson had a question regarding Condition #7, “The lumber door columns are metal with brick, what about columns at garden center?”  Commissioner Happel has asked for those to be done in bronze or black.  Mr. Roark said that brick columns would be too large and wouldn’t look right to support the canopy tops in the garden center.  The fencing will also be black, not galvanized.  The outside corner column of the garden center will be similar to the building design. 

Commissioner Douglas Radley made the comment that he is also concerned about the buffering between this development in Burkitt Place.  There is a substantial area that does have trees, but there is a large area that does not currently have any trees.  He agreed that it will take a long time for those 8 foot trees to grow.  He wanted to know if there was anything else the developer could do, such as consider something like berms or larger trees.

Ken Thomas, 413 Cowen Court, stated he is also concerned about the buffering.  An 8 foot tree is really just a stick, especially when it looses its leaves.  Maybe start with a bigger tree, or something more like an evergreen.  Another concern he has heard from citizens is the outside area around the building.  Mr. Thomas stated that some home depots have chain link fences that come around outside of the garden center.  Commissioner Happel stated that was one of our concerns, and they are not going to have a tool rental, barns are not allowed, but there will be flowers outside.  When asked if there was anything in place to prevent this in the future, it was stated that they would have to apply for a permit, which would have to be approved first. 

Mayor Lothers asked if it was possible to plant trees on top of berms to make them taller, or would that kill the trees?

Mr. Henricks stated that they are going to look at that landscaping.  But weren’t at that stage yet.  If this is approved, they are willing to discuss the landscaping and buffering with the Town and they are working with CPS Land.  They want to make the neighbors as happy as they possibly can.

Chairman Owens asked what the developer would possibly be willing to do.  Mr. Henricks stated that this has already been addressed with the discussion of berms; he stated they could stagger the trees and look at evergreens, so there is no clear line of vision.  Commissioner Happel noted that Burkitt Place is at a higher elevation than Home Depot will be.

Commissioner Alexander noted that the receiving dock will be in Davidson County, and that property is zoned agricultural.  “Has this been discussed with Davidson County?”  Mr. Brown stated that yes, the property is zoned agricultural now, but is in long-range plans to be rezoned commercial.  They have spoken with Sonny West of Metro.  Mr. Brown has issued a letter to allow this, as long as there is no building encroachment.  Commissioner Alexander asked if the plat will go to Davidson County for their approval.  Mr. Brown stated that yes, but it will be at a staff review level only.  Commissioner Alexander noted a 7 foot right of way in back of the sidewalk and asked how much right of way has been reserved for the possible widening of Nolensville Rd.  Mr. Brown stated that it is in compliance with the Nolensville Zoning Ordinance.

Lynda Moses, 2230 Rock Springs Road, asked, “What is the estimated begin date, completion date, and why is it called Brentwood East?”  Commissioner Happel stated he had not seen Brentwood East on any of the signage.

Mr. Henricks stated that there will be a single monument sign with Brentwood Regency East on it.  Lynda Moses asks that the board deny that request.  She stated she has seen Commissioner Happel make developers go back and add 1 tree, 1 light fixture, etc.  She said she does believe this will be the best Home Depot around.  She commented that the Planning Commission and Design Review Committee pay close attention to detail; they don’t let much get past them.  She addressed the audience saying that she didn’t think you need to worry – she didn’t want a subdivision behind her, but it isn’t as bad as she thought it would be.

Chairman Owens asked about a start date.  Mr. Henricks stated they plan to begin the infrastructure in March or April, and possibly put in some shops, but he couldn’t speak for Home Depot.  They don’t have an end date because Home Depot isn’t willing to commit yet.

Commissioner Haines asked how long it normally takes to build a facility like this?  Mr. Henricks said if needed to, it could probably be done in 8-9 months.

Brad Harkie of 8028 Canonbury Drive stated he has a Nolensville mailing address, but lives in the Davidson County side of Burkitt Place.  He stated he has the feeling that we don’t care much about the Davidson County side.  Will there be trees and buffering added there?  He wanted to know how much blasting would be involved, and if they would be guaranteed against any damage caused by blasting. 

Mayor Lothers noted that the Town has no jurisdiction over the Davidson County section. 

Mr. Henricks stated they are not planning on doing any of the blasting on the Williamson County side.  They do plan to do some on the Davidson County side.  He said they are also prepared to accept the liability and they will be very careful.  Mr. Allen is very strict and concerned about the creek.  They will have buffering there, but aren’t allowed to do it now, but will be able to after it is rezoned.

Kamatha Fine of 8037 Canonbury, noted that the Burkitt Place entrance with the little drive is real pretty and nice.  She is concerned that it will feel like you have to drive behind the Home Depot to get into Burkitt Place.  She would like to see 16’ trees planted to provide a buffer and a monument sign for Burkitt Place be placed at Burkitt and Nolensville Road similar in architectural detail to the existing design.

Chairman Owens thanked everyone for their comments and asked if the people from Home Depot and Brentwood East Regency Center would stay after the meeting a little to answer any other questions the citizens may have.

Mr. Vance Wilson stated he was alarmed to see the ingress and egress of thousands of home depot customers and asked, “What would prevent them from driving through Burkitt Place?”  The Wilson’s went into great detail with concern of traffic that is mainly in Davidson County.

Mr. Swartz stated that once there is a signal at Nolensville Road and Burkitt Place, some of the traffic will be alleviated.  There is also a proposed traffic signal at Nolensville Road and Burkitt Road, which is not controlled by this development, but will alleviate that cut-through traffic. 

Chairman Owens asked for a vote, the motion to approve the site plan with conditions was passed unanimously.


Report from Bent Creek on Trails

Mayor Lothers noted that she has been requested by the developer to wait until next month to discuss this issue.  There was no descent, so the matter was deferred until next month.

Report from last BOMA

Mayor Lothers went over the ordinances that were passed:

First reading of ordinance #07-24, an ordinance to amend Title 12, Chapter 1, of the Municipal Code in regards to Fees in regards to plans review was passed unanimously.

First reading of ordinance #07-25, an ordinance to amend Title 7, Chapter 3, of the Municipal Code in regards to the sprinkler ordinance was passed unanimously.


Reading of resolution 07-13 a resolution to adopt a revised Capital Improvements Program was passed unanimously.

Reading of resolution 07-14, a resolution to enter into an interlocal agreement with Williamson County was approved unanimously.

Mayor Lothers stated that for those Planning Commission Members that are interested, there will be a workshop regarding the firearms ordinance.  It is anticipated to be the week prior to the next BOMA week.


Monthly bond report

The written report was distributed by Planner Laird.  He noted they have been working with several developers on this and would like to add that Winterset Woods and Bent Creek were about to expire, and have now been extended.

Burkitt Place Sections 1A1, 1A2 and 2A have asked to be reduced to a maintenance bond.  Section 1A1 would be reduced down to $257,100, Section 1A2 down to $48,900, and Section 2A would be $13,500 and these will go to maintenance.  Staff Member Don Swartz has reviewed and approved these reductions.  Mr. Laird noted that the Planning Commission must approve this also. 

Town Attorney Bob Notestine stated that his concern was that there may be a lapse between the original bond, and the obtaining of a maintenance bond.  He recommended that maintenance bond must be in place by the expiration date.

Mayor Lothers made a motion to approve the reduction to a maintenance bond, with the condition that it must be in effect prior to the expiration of other bond.  Chair Owens seconded. The motion was approved unanimously.


Mayor Lothers asked if a Planning Commission member would attend the Williamson County Planning Commission Meeting.  Commissioner Wilson noted that he had planned to attend this Thursday, although now he has a conflict.  Commissioner Alexander said I think it needs to be monitored and we should attend if there is a Nolensville item on their agenda.  Commissioner Alexander suggested to continue sending emails, so they can monitor Williamson County’s agenda, Commissioner Wilson agreed he would like to see that continue.

Mayor Lothers asked what the next steps are now that the Home Depot site plan is approved.

Planner Laird stated they could proceed to get a grading permit, however the conditions would have to be cleared before any building permits are issued.  It is possible to begin grading work once a permit has been obtained.  They would have to provide performance bonds, pay all fees, etc., before they could begin building.

Mayor Lothers noted that we are trying to form a storm water advisory committee and there are possibly three more members.  Once it is approved by BOMA, she will get with Tom Allen to discuss.


The meeting was adjourned 8:48 p.m.


Matt Happel

Planning Commission Secretary