Nolensville Planning Commission

Regular Meeting at Old Elementary School Building

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

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

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

Citizens Present:               20


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


The pledge of allegiance was led by Commissioner Frank Wilson.


Commissioner Willis Wells made a motion to approve the minutes from the June 10, 2008, meeting; Commissioner Wilson seconded the motion.  Commissioner Andy Grosson noted that on Page 2, Item 1, the year should be 2008, not 2009.  The minutes were approved unanimously, with the typographical change.




Linda Moses, 2230 Rocky Springs Road.  Ms. Moses thanked the Board regarding the increased enforcement of the sign ordinance, stating she felt the Town looked much better with fewer developer and fireworks signs posted.  Ms. Moses also spoke on her opinions on fast food restaurants.


Site Plan Review:

  1. Revised site plan for Brentwood East – Regency Centers Phase 1 adding additional outparcel, Lot 6

Henry Laird, Town Planner, briefly discussed the request, and stated that staff recommends approval with the proposed landscaping revisions, performance bonding and all previous conditions placed on this project by the Commission.

Commissioner Matt Happel made a motion to approve the revised site plan, Bob Haines seconded the motion.  Skip Heibert, the Town’s landscape consultant, discussed his recommendations for landscaping revisions per his letter dated July 8, 2008, which is reiterated below:

1.   Plant materials installed offsite to fulfill the Regency Center requirements shall be located within recorded buffer easement.  Forty feet width is recommended.

2.   No plant materials installed to meet the Regency Center requirements shall be used to fulfill the Burkitt Place requirements.

3.   The plantings shown on this submittal shall not count toward meeting the ordinance requirements for the future outparcel submittal.

4.   Existing forested area on the Burkitt Place property and the south end of the bufferyard shall be allowed to fulfill the bufferyard requirement for 150’ of length of the required bufferyard.  A 40’ dedicated landscape buffer easement shall be established for the preservation of these trees.

5.   Plantings along the common boundary between Regency Center and Burkitt Place shall be spaced out over a 40’ width between the toe of the slope on the eastern side of the berm to the top of slope along the rear of the Home Depot site.  This allows the trees to grow in width as they mature and therefore provides a more substantial buffer over the long term.

6.   Canopy trees shall be planted around the common boundary with the outparcel per the ordinance requirements.  Shrubs shown on the plan shall remain.

7.   A maintenance agreement shall be written and recorded outlining the parties responsible for the short term and long term maintenance of the bufferyard plantings.

Commissioner Happel amended the motion to approve the revised site plan to include the proposed landscaping revisions dated July 8, 2008, as submitted by Mr. Heibert; submittal of the revised landscaping plan; recording of a landscape maintenance agreement; performance bonding and staff recommendations.  Mayor Lothers seconded the motion.

The Motion, as amended, passed unanimously.

Zoning Amendment:

  1. Revised final plat for Brentwood East – Regency Centers Phase 1, adding Lot 6

Henry Laird, Town Planner, briefly discussed the revised final plat, and stated that staff recommends approval.

Mayor Lothers made a motion to approve, Commissioner Wilson seconded.  The motion passed unanimously.

Subdivision Regulation Amendment:

  1. Public Hearing on Subdivision Amendment on Temporary Dead-End Roads Section.

The public hearing began at 8:00 p.m.  Planner Laird discussed the proposed amendment.

Larry Gardner, 2536 York Road.  Asked how these would be handled, as there will be occasions when the Town would not want to continue the road to the property line.  Mayor Lothers stated that was why this Amendment has been proposed, to give the Planning Commission the ability to make that decision as needed.

The public hearing ended at 8:05 p.m.

  1. Subdivision Amendment on Temporary Dead-End Roads Section (Attachment A).

Commissioner Wells made a motion to approve the subdivision amendment.  Commissioner Bob Haines seconded.

Planner Laird briefly reviewed the proposed changes. 

The motion passed unanimously.

  1. The Reserve at Bent Creek: Request for approval of roads to be topped out before 80% build out.

Chairman Rick Owens made a motion to approve, Commissioner Haines seconded.

Planner Laird reviewed the staff notes and Engineer Don Swartz’ letter.  He further stated that he believes it would be premature to approve at this time due to the ongoing construction traffic’s impact on the road. 

Eric McNeely, CK Development project engineer, stated that of the total 89 lots, 32 have been completed.  To reach 80% completion, 4 additional homes would need to be completed.  At the request of the builder and some of the residents, they are asking to repair the road and top it out at 70% to enhance the aesthetic appearance and marketability.  He further stated that if the Town would like, the possibility of a temporary construction entrance could be explored.

A vote was taken, and the motion passed unanimously.


  1. Report from last BOMA meeting, Mayor Beth Lothers

First reading of previously discussed Amendment 08-08, an amendment to Zoning Ordinance pertaining to buffering and tree planting for CR Zoning in Appendix B.  This passed unanimously.


  1. Monthly Bond Report
    1. Bond Report

1.        Bent Creek PUD Phase 2 Section 3 to go to Maintenance

Eric McNeely, CK Development, requested to transition this bond to maintenance at its expiration date of August 10, 2008.  He stated that he has a commitment from his contractor that the curb repair and final topping will be completed by that date.  The contractor will submit a commitment letter to the town.

Chairman Owens made a motion to approve item 1, the Bent Creek PUD Phase 2 Section 3 Request to go to Maintenance, Commissioner Wells seconded.  Upon a vote being taken, the motion was denied unanimously, since required work has not been completed.

2.        Catalina Subdivision Phase 1 Extension

          Chairman Owens made a motion to approve item 2, the Catalina Subdivision Phase 1 Extension, Commissioner Haines seconded.  The motion passed unanimously.


  1. Other

Chairman Owens and Mayor Lothers commented on how smoothly the July 4th festivities went and wanted to thank the Town Events Committee, Police and Fire Departments, volunteers and those who helped make it a success.  Mayor Lothers wanted to thank the Sponsors who provided most of the funds.  Mayor Lothers asked that the residents thank the sponsors, frequent their businesses and show your appreciation.

Commissioner Happel noted that the Design Committee will be meeting to discuss and clarify the sign ordinance as it pertains to permanent window signage.  He further stated that any emails for suggestions would be appreciated.


Chairman Owens adjourned the meeting at 8:45 p.m.


Matt Happel                                                   

Planning Commission Secretary


Section of Subdivision Regulations Considered for Amendment to allow buffering at end of temporary dead-end road and extension of right-of-way for future connection.

(Excerpted from Section 5.3.k.)

Proposed changes are described or stated in Bold.

k.   Construction of Roads and Dead-End Roads

   i.    Construction of Roads - The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is possible for convenient movement of traffic, effective fire protection, efficient provision of utilities and where such continuation is in accordance with adopted plans. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. An appropriate temporary turnaround and signage may be required where deemed necessary in accordance with 5.3.K.l.iii. following.

   ii.   Permanent Dead-End Roads - When a road does not extend to the boundary of the subdivision and its continuation (immediately or in the future) is not required by the Planning Commission for access to adjacent property, its terminus normally shall be of sufficient distance from such boundary to allow for appropriate development of the intervening land. A permanent turnaround shall be provided at the end of all permanent dead-end roads. Circular turnarounds shall be provided whenever possible; however, where appropriate, other types of turnarounds may be approved. In predominately developable areas where connection of local roads is not restricted because of topographic or environmental constraints, the following table shall govern maximum cul-de-sac length:


Average Lot Size

Maximum Length

1.5 acres


1.0 acre


0.5 acre or less


In cases of significant topographic or environmental constraints, the Planning Commission may waive these maximum lengths.

The paragraph that reads as follows (italics) should be deleted to not require landscaped islands at a turnaround.

All cul-de-sac roads shall provide landscaped islands at the turnaround. At a minimum, landscaped islands shall be grassed and contain at least three (3) 2”-2.5” canopy trees. More specific standards are contained within Appendix F of these Regulations.  (delete above paragraph)


All permanent dead-end roads shall be so designated with appropriate signage on the roads. Long dead-end roads, particularly those with sub-roads, may require additional signs.

To promote a continuous pedestrian network, the Planning Commission may require a paved walkway within a 15’ easement, which shall be in addition to the building setbacks, to connect an existing or future street or walkway.

   iii. Temporary Dead-End Roads - When a road is approved as a Temporary Dead-End and the Planning Commission indicates eventual connection to adjoining property, then such dead-end shall meet the following criteria:

*   No permanent turn-around area shall be provided. The road shall be built to the edge of the property line with temporary turn-around area provided. (change preceding sentence to read) The road shall be built to the edge or the property line with temporary turn-around area provided, including hammerhead design or cul-de-sac but the Planning Commission may require that the finished construction of the road be delayed and a landscape/screening buffer be installed to meet the standards of Appendix B, 1.6.10, until future development is to be connected to this road.

*   A barricade shall be erected with a sign of permanent construction stating "Future Through Street, Subject to Extension by the Town of Nolensville for Traffic Safety and Public Access". Said signage’s lettering shall be a minimum of 1.5" in size.

Temporary dead-ends may exceed the length noted in Table V-1, as approved by the Planning Commission.

All temporary dead-ends shall be so designated with appropriate signage at the entrance to the roads. Long dead-end roads, particularly those with sub-roads, may require additional signs.

If an applicant is required to extend a temporary cul-de-sac to obtain proper traffic circulation, the Planning Commission may require the applicant to construct sidewalks on the former temporary cul-de-sac (add phrase) or turn-around to insure safe pedestrian circulation.

   iv.  Access to Publicly Maintained Roads - Within a proposed subdivision, no new roads shall be accepted for public maintenance when such roads are not directly accessible by an existing publicly maintained road.