Nolensville Planning Commission

Regular Meeting at Nolensville Elementary School

February 12, 2008 at 7:00 p.m.

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

Staff Present:  Bob Notestine, Henry Laird, Tom Allen and Cathi Little

Citizens Present:  70 Citizens were present

The meeting was called to order by Chairman Rick Owens at 7:02 p.m.


The Pledge of Allegiance was let by Andy Grosson


Willis Wells made a motion to approve the minutes of January 12, 2008.  Jimmy Alexander seconded the motion. 

Frank Wilson noted that there was not a second to the Motion to Approve the Minutes of December 11, 2007.  Mayor Lothers made a motion to amend the approval of the January 12, 2008 minutes on the condition that the person who seconded the motion to approve the December 11, 2007 minutes is recorded on the final document.  Rick Owens seconded the motion.  The motion passed unanimously.




John David Goolesby, 8094 Canonbury Dr.  Mr. Goolesby stated that Matt Happel met with a group of concerned residents of Burkitt Place subdivision.  Based on that meeting, three letters will be presented to the Board.  Mr. Goolesby read a letter on behalf of the residents of Burkitt Place regarding our noise ordinance and how it pertains to the proposed Home Depot Development.  (Attachment A)

Cory Davis, 8080 Canonbury Dr.  Mr. Davis read a letter on behalf of the residents of Burkitt Place regarding the screening and landscaping between the Burkitt Place subdivision and the proposed Home Depot Development.  (Attachment B)

Vance Wilson, 8040 Canonbury Dr.  Mr. Wilson read a letter on behalf of the residents of Burkitt Place regarding the proposed side entrance to the Home Depot Development.  (Attachment C)

Stephen Brown, Gresham Smith & Partners, the engineers for the Regency Centers Development.  Mr. Brown presented a graphic illustrating the buffer space between the back of the Burkitt Place lots and the back drive of the proposed shopping center.  He stated that they have been in discussions with CPS Land regarding using the soil removed from the site to increase the size of the berm between the two developments.

Tom Henricks, Regency Centers.  Mr. Henricks stated that their architect has put together a list of trees to be used as screening between the two developments.  This list includes Leland Cypress, Magnolias, Red Cedars, and mostly evergreens.  The minimum size will be 8 feet in height at planting.  There was also some discussion regarding whether the large existing trees will be left alone or taken down.  Mr. Henricks announced that they would keep as many of the trees as they possibly could.


Subdivision Review:

1)      Brentwood East – Regency Centers

         Final Plat for Commercial Center at Nolensville Rd. and Burkitt Place Drive

Staff reported that the applicants have submitted a final plat, it has been revised, but there are still 6 conditions that they haven’t had time to complete yet, but should be required before recording the plat:

1.   Providing proof of water and sewer availability either through Metro Water and Sewer or Nolensville College Grove Utility District.

2.   Providing performance bonding approved by the Town Engineer for off-site transportation improvements.

3.   Providing performance bonding approved by the Town Engineer for the installation of landscaping.

4.   Providing to the Town any restricted covenants to be placed on all lots by developer prior to recording of plat.

5.   Completing any revisions proposed in Tom Allen’s memo regarding storm water that have not been completed yet.  (Attachment D)

6.   The addresses for each lot needs to be shown on the final plat as approved by Williamson County Information Department. 

Matt Happel made a motion to approve the final plat for the proposed Regency Centers commercial development with the listed conditions from staff.  Bob Haines seconded the motion.

Mayor Lothers asked Mr. Laird to clarify the landscaping requirements.  Mr. Laird replied that the Planning Commission cannot require anything additional beyond our minimum requirements.  The developer has met those requirements, but they have also agreed to make several changes that have been suggested.  Mr. Happel stated that any additional landscaping they do will also be covered by their landscaping bond. 

Rick Owens asked how the water and sewer approval is coming along.  Stephen Brown replied that it is currently being discussed between Metro and Nolensville College Grove Utility District.

Jimmy Alexander asked about a certificate of approval from Davidson County regarding property lines.  Mr. Brown replied that they have had discussions with metro, and they will be able to approve the plat administratively.  He further stated that they will not be able to record the final plat until they have both approval through the Town of Nolensville and Metro.

Mayor Lothers stated that she would like to hire a landscape architect to represent the town in reviewing landscape plan revisions because this development is so large. 

Chairman Owens asked for a vote on the Motion for Approval with conditions.  The motion passed unanimously.

2)      Zoning:

         Rezoning of Yasdian properties:

         7171 Nolensville Rd (Map 56 Parcels 44.01) and 7167 Nolensville Rd. (Map 56 Parcel 44)

Jimmy Alexander made a motion to approve the rezoning.  Frank Wilson seconded the motion.

Mr. Laird advised that the 2 properties are currently zoned estate residential, and the applicant requests that they be rezoned as commercial services with a commercial overlay.  Mr. Laird informed the Board that the Town has rezoned properties like this a number of times in that area.  Chairman Owens asked for a vote.  The motion was passed unanimously.


3)      Authorize revising Wells subdivision dedication to a reservation.

Note:  Commissioner Jimmy Alexander exited the meeting. 

Commissioner. Wells recused himself.  Mayor Lothers clarified that Mr. Wells is allowed go into the audience and represent himself as a property owner after recusing himself from the Board. 

Bob Notestine, Town Attorney.  Mr. Notestine noted that Dr. Harr bought the property from Mr. Wells.  During the Planning Commission meeting where that was approved, a motion was made to have a right-of-way dedicated for future road widening.  The intent was to show on the plat that a certain strip of property would be reserved for future road widening, if needed.  The term used was “dedication;” the word should have been “reservation.” Dedication legally implies a property owner transferring property to a city. 

Frank Wilson made a motion to amend the plat to change the “dedication” language to “reservation” to allow for future road expansion.  Matt Happel seconded.  The motion was passed unanimously.

4)      Report from BOMA

Mayor Lothers reported the following:

08-02, an ordinance to amend the zoning ordinance 04-09, in regards to lighting standards and wall sign limitations passed unanimously on hearing and second reading. 

08-01 an ordinance to amend the zoning ordinance 04-09, in regards to permitted uses in the office industrial (OI) district as it pertains to religious institutions and animal boarding facilities passed on first reading.

Mayor Lothers also noted that the Town’s storm water regulations require a storm water appeals board.  The members are Douglas Radley, Larry Gardener, Andrew Grosson, Randall Z. Kerr, Kimberly McClintock, Philip Nelson and Chase Smith.

Tom Allen stated he planned to meet with group, and would like to get back before the Planning Commission to give an overview of what their role is going to be.  Ultimately, they would be the appropriate board to hear any appeals to the storm water components of our various ordinances and regulations.


5a)    Monthly Bond Report

Chairman Rick Owens made a motion to approve the bond report.  Mayor Lothers seconded.  Mr. Laird briefly reviewed the Bond Report and recommended approval.  The motion passed unanimously.  (Attachment E)

5b)    Acceptance and release from maintenance by C&K Development on Sam Donald realignment project.

Chairman Rick Owens made a motion for the acceptance and release of the maintenance bond by C& K Development on the Sam Donald Realignment Project.  Bob Haines seconded the motion.  Mayor Lothers stated that the letter from Don Swartz, the Town Engineer, recommends this acceptance and release. Frank Wilson wanted to make note of his concerns of releasing the bonds before subdivision is built out. The motion passed unanimously.


6)      Other – Trails and Playgrounds at Bent Creek.

Mayor Lothers reported on the meeting with Steve Cates and Bill Kottas.  She held up piece of wood, stating that it was an example of the materials on the playgrounds and some of the trails in Bent Creek.  C&K Development has agreed to replace the mulch on the playgrounds with actual playground mulch.  The path that connects Bent Creek Reserve to the rest of the development is currently mulch.  Replacing it with a possible hardscape path was also discussed in that meeting. 

Frank Wilson reported he has had some residents from Bent Creek tell him they are concerned about the entrance to Bent Creek from Sam Donald Road.  The striping is completely faded for the turn lane.  Mayor Lothers stated that Don Swartz has a list of areas that need re-striping.  She will be sure that Sam Donald is on that list. 

Rick Owens brought up the problem of flooding, particularly in the Stonebrook subdivision.  Mayor Lothers stated that Stonebrook is a difficult situation, as they don’t have a mandatory Home Owners Association.  The Town doesn’t have easements on all of the properties and many of the drainage problem areas are on private property.  Mayor Lothers suggested that Tom Allen and the storm water advisory board look into this.

There was further discussion about the Home Depot Development.  Henry Laird stated that Home Depot uses a muted type of speaker that doesn’t project very far, and only in the garden center.  He also stated that Rob Pease of CPS Land will be revising their landscaping plan along with Regency Centers to improve the screening between the residential and commercial developments by adding more evergreens.  They will also be replacing many plants they lost during the drought this year.  Matt Happel reported that Don Swartz stated we could look at other traffic control measures other than the entrance off Burkitt Place.  Mr. Happel also stated that as part of Metro’s approval for this development, a light will be installed at Burkitt Road and Nolensville Road.

Lynda Moses stated she had read that the name would be changed from Brentwood East, but hasn’t heard anything else about it.  Mayor Lothers stated that internally this project will always be named Brentwood East for their plans, communications, etc.  They are open to change what is on the actual monument sign outside. 


Chairman Rick Owens adjourned the meeting at 8:33 p.m.


Matt Happel

Planning Commission Secretary