Nolensville Planning Commission

Regular Meeting at Nolensville Elementary School

April 8, 2008 - 7:00 p.m.

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

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

Citizens Present:                 31


The Meeting was called to order at 7:04 p.m.


The Pledge of allegiance was led by Chairman Rick Owens.


Frank Wilson made a motion to approve the minutes from the March 11, 2008, Planning Commission Meeting.  Willis Wells seconded.  The motion passed unanimously.


Bent Creek representatives have requested to defer their request for lot size reductions in Phase 7, Section 1 until the May Planning Commission Meeting.  However, the Planning Commission will still hear citizen comments regarding this issue.


Brian Truman, 3232 Locust Hollow in Bent Creek Subdivision.  Mr. Truman spoke on behalf of himself as a resident of Bent Creek, and as a newly elected Board member of the Bent Creek Home Owners Association.  He referred to Nolensville’s Zoning Ordinance number 2.2.10.b.2.3, regarding proposed developer changes needing to be substantially consistent with the current development.  Mr. Truman stated that decreased lot sizes means smaller homes, which means less property value. He also said that each proposal that has come before the Planning Commission in prior phases has been an improvement, and he feels that this request will not be an improvement.

Joyce Powers, 1023 Bitticks Creek, Bent Creek subdivision.  Ms. Powers gave commission members a handout that discussed the sales and marketing brochure from Bent Creek and her reasons for objecting the developer’s request for narrowed lot sizes (Attachment A).  She also stated that there is a petition drive going on from homeowners in Bent Creek against this request.

Linda Moses announced that the Nolensville Historic Society meets quarterly, and their spring meeting will be Monday, April 14th.  There will be a pot luck starting at 6 p.m., and then the meeting will start at 7 p.m.  Ms. Moses thanked the Mayor for the help and hard work she has given on behalf of the merchants in the historic area.  The Buttercup Festival will be April 26th, and Ms. Moses encouraged everyone to attend to support the historic area and merchants.


Subdivision Review:

  1. 1.         Bent Creek Final PUD Plan, Phase 7, Section 1
    Section proposes 16 lots varying in widths of 51’ to 56’ wide near Bitticks Creek Drive.

Developer requested deferral to May Planning Commission meeting.

  1. 2.         McFarlin Woods, Phase 5 and 6 Final Plat (from Oak Creek Drive
    to Cowan Drive)

Henry Laird gave an overview of the McFarlin Woods, Phase 5 and 6 Final Plat.  Austin Pennington, developer at McFarlin Woods, was present to answer questions.

Mayor Lothers asked if the developer intended to have sidewalks and street lights on Piccadilly Drive.  They are shown on the plat, but thought they had a variance for those items.  Mr. Pennington noted that they do have a variance for sidewalks and street lights on Manchester, Oak Creek and Piccadilly.

Mr. Pennington and Mayor Lothers briefly reviewed the plat.  Mr. Pennington stated that in Section 6, there were still some details for sidewalks and street lights left on the plat in error.  Andrew Walters of Littlejohn Engineering stated that the street lights and sidewalks will be removed prior to final recording.

Mayor Lothers asked if lots 501, 502 and 503 were on the original plans.  Mr. Pennington stated that they were, and that an additional lot, #504, on the same side of the street as 503, that was taken out to enlarge the detention pond.

Mayor Lothers asked about the section of road failure on Oak Creek.  Mr. Pennington noted that the area she was referring to had been repaired approximately 3 months prior by cold patch.  Mr. Pennington confirmed that they will be undercutting and doing the binder while the asphalt is being done.  He also stated that they will be putting down 3” of binder, well above and beyond in expense, time and materials, since the Town of Nolensville only requires 2” of binder.

Frank Wilson made a motion to approve the final plat of McFarlin Woods, Phases 5 and 6, with the conditions of bonding amounts recommended in staff notes ($106,500 and $52,500), and the revisions to the plat removing the sidewalks and street lights.  Matt Happel seconded.  The motion passed unanimously. 

  1. 3.         Burkitt Place, Phase 2F Final Plat (Edinburgh Way area)

Mr. Laird gave an overview of the Burkitt Place, Phase 2F Final Plat.  Staff is concerned with two issues:  The first is the record overlap between and the Herbert Nichols’ property and the developer’s property.  Staff has requested that this issue be resolved prior to having the plat recorded.  The second issue is the clearance in the buffer areas.  Staff is concerned with the south side near the Nichols and the Lancaster properties, the West side that borders the Nichols’ property, and at the hammerhead where the street ends.  Staff is requesting that the buffer areas be restored where there has been clearance.

Jimmy Alexander noted that the hammerhead cul-de-sac on the south side should be labeled on the plat as temporary.

Kevin Gangaware from Civil Site Design Group is the project engineer and Rob Pease with CPS Land is the project manager.

Mr. Gangaware stated that the surveyors identified that there appears to be an overlap in the deeds of the developer and of the Nichols’.

Matt Happel asked about the clearance for the sewer that went into the stream buffer.  Kevin Gangaware stated that the county engineer allowed them to cross over the edge of the stream buffer in a few isolated areas.  Mr. Gangaware stated that it had been done in 2 places. 

Mayor Lothers read from the Zoning Ordinance, Appendix B, Section 1.6.1:

1.6.1     General Requirements  A buffer yard shall be required to mitigate negative impacts from differing adjacent land uses.  Generally, a buffer yard shall be located at the perimeter of the building site along zoning district boundaries, or otherwise coincident with the edge of a specified facility that is to be screened.

The Planning Commission shall have the authority to require additional screening or to allow alternative screening mechanisms when, it is determined that it is in the best interest of the Town to modify these requirements in order to meet the overall intent of this ordinance. . .

Mayor Lothers asked Tom Allen, in terms of the stream situation, if he was comfortable with the developer’s responses.  Mr. Allen stated that any disturbance of the waterway natural area needs to be mitigated, and made consistent with the other landscaping by re-establishing the vegetation.

Rick Owens asked Rob Pease if he would be willing to increase the opacity level greater than .2 in the 10 foot section near the hammerhead and on the side.  Mr. Pease stated they would, but are frustrated that this is just now being brought up, at the final plat stage.

Rob Pease of CPS Land requested to defer until May.  By acclamation of the Board, this matter was deferred until May.

  1. 4.         Haley Industrial Park, Phase 4 Final Plat

Mr. Laird gave an overview of the Haley Industrial Park, Phase 4 Final Plat.  The traffic study has been completed, revised and approved by staff.  Don Swartz, Town Engineer, has provided a revised figure of $202,125 for the performance bond for the recommended road improvements.   Mr. Haley has provided a letter that he agrees to implement the recommendations of the study which includes turn lanes on Nolensville Road and Haley Industrial Drive. 

Mr. Allen stated that there are 2.99 acres that can be developed without providing additional water quality, and if the site is adjacent to the pond, on-site detention will not have to be provided.  However, if the lot or parcel is not adjacent to the pond, it will need to be demonstrated that the storm water infrastructure between their lot and the pond will handle the post-development flows.

Roy Dale from Dale and Associates is the engineer for the Project.  Mr. Dale noted that the traffic study recommendations were based on the total build-out.  Even though it is only at 50% right now, it has been agreed that the traffic updates will be implemented within 12 months.

Frank Wilson made a motion to approve the Haley Industrial Park, Phase 4 Final Plat with the recommended bond amount of $202,125.  Bob Haines seconded.  The motion was passed unanimously.


  1. 5.         Joseph Tiratto’s objection to building in Bent Creek Phase One,
    Section 2B, lot 225

Mr. Joseph Tiratto, 3320 Redmon Hill.  Mr. Tiratto stated that he understands that the building does meet the building requirements, but that the Town has no requirement for the distance across the width of a lot at the curb. 

Frank Wilson stated that based on his review, the house has been built within the building envelope.

Mayor Lothers stated that the Town’s most recent regulations require a minimum lot size of 11,000 square feet.  However, the Town is required to allow this lot, since it was approved previously as part of a P.U.D.

  1. 6.         Report from last BOMA meeting, Mayor

Mayor Lothers stated that a Public Hearing was scheduled on Ordinance 08-04 to amend the zoning map of Nolensville, rezoning the ER to Commercial Services Overlay at 7167 and 7171 Nolensville Rd.  Due to a typographical error in the date of the hearing, it has been deferred until next month.

There was a Municipal Code that went forward on 1st reading regarding overgrown lots.  This ordinance will allow 20 days written notice to the property owner to clean up their lot.  If it has not been completed after that time, the Town can have it cleaned up, and file a lien on the property for the cost.


  1. 7.         Monthly Bond Report
  2. a.          Bond extensions, reductions
  3. b.          Bond Report

Mr. Laird referred to Staff notes regarding the bond report.  He stated that the actual bonds that have been revised are listed, along with the revision made to the expiration date, reduction in amount, etc.

7.   Monthly Bond Report

      a.   Bonds to be Extended and/or Reduced:

                        1.   Bennington Section 1 - Roads, Drainage, Erosion Control
                  LOC 6100989 dated 3/27/08
                  Reduced to $94,500 - expires 3/27/10

                        2.   Bennington Section 1 – Landscaping
                  LOC 6100986 dated 3/27/08
                  Reduced to $22,350 - expires 3/27/10

      b.   Bonds Due to Expire - notices sent:

1.   Nolen Park Phase 1 - Landscaping - $4,000
      LOC 1816 expires 5/1/08
      Notice of expiration sent 3/13/08

2.   Nolen Park Phase 1 - Performance Bond - $90,000
      LOC 1819 expires 5/1/08
      Notice of expiration sent 3/13/08

3.   Nolen Park Phase 1 - $3,000
      LOC 1820 expires 5/1/08
      Notice of expiration sent 3/13/08

      c.   Summary Bond Report

Rick Owens made a motion to approve the Bond Summary Report with the staff recommended changes indicated above, including the amount of 7.b. to be changed from $4,000 to $40,000.  Willis Wells seconded.  The motion was passed unanimously.


Mayor Lothers noted that 7 of the 9 Planning Commissioners had attended the MTAS Planning Commission training.  She also stated that Tom Allen is doing a great job with the Storm Water Appeals Board.  She noted that he prepared a notebook for all the committee members, and presented a beneficial PowerPoint presentation.

Regarding deferred items, Mayor Lothers asked the commission members to be sure to keep all of the original paperwork, as it will not be re-distributed.

Frank Wilson stated that on the weekends, developers are saturating Nolensville with signs that are in the right-of-way.  Also, there are “for sale” signs in the right-of-way in the subdivisions, and church signs are also being left up all week in the right-of-way.

Mayor Lothers wanted this Board to be aware that the Town paid for a survey of the entire historic district, which is being reviewed by engineers to come up with sewer plans. The need for sewer in that area is obviously a big reason for its current condition and we want to support that area as much as possible.  Other things she has done as Mayor was hosted Williamson County Tourism to come to Nolensville, drove them through the historic area, provided them with lunch at Martin’s Bar-B-Que on her dime, not the Town’s.  As a result of that visit, they are working with the State Tourism and they are looking to spend state dollars to put Nolensville on the map with Arrington Winery.  She stated that she is working with the Historic Nolensville Development Association by putting up banners for special events, working on an historic sign that will showcase the historic area separately, and the Board of Mayor and Aldermen is looking at a pedestrian bridge that would connect from the ball park to the historic area so that you could have parking and pedestrian traffic into the historic area. 

The Trees and Trails Committee had a state greenway trails coordinator do a PowerPoint presentation showing how to adopt a trees and trails program.  He became familiar with Nolensville because the Town received the safe routes to school grant.  He selects five communities a year that he works directly with and is considering Nolensville to be one of those five communities.


Chairman Owens adjourned the meeting at 9:04 p.m.


Matt Happel

Planning Commission Secretary 


 Click to View Attachment A