Nolensville Planning Commission

Regular Meeting at old Nolensville Elementary School

December 9, 2008

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

Staff Present:                          Attorney Bob Notestine, Henry Laird, and Cathi Little

Citizens Present:                    20


The meeting was called to order at 6:05 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 November 11, 2008, Planning Commission Meeting; Commissioner Bob Haines seconded the motion, which passed unanimously.


Mayor Beth Lothers noted that the Trees and Trails workshop will immediately follow this meeting.




  1. Request for Rezoning 7047 Nolensville Road (G.W. Jones Property) from Suburban Residential (SR)/Annexation Buffer Overlay (ABO) to Commercial Regional (CR)

Town Planner Henry Laird stated that commercial zoning would not be consistent with the Town’s Land Use Policy Plan.

Commissioner Jimmy Alexander stated that there is an Inter-local Agreement with Brentwood, which states that this area cannot be zoned for commercial use.   Attorney Bob Notestine agreed, and also noted that there are floodplain issues and it is not consistent with the Land Use Policy.

The property owner, George Jones, stated that there is commercial all around his property and doesn’t understand why his property can’t be commercial.  He has had his shop on this property for the last 13 years.

Chairman Owens stated that due to the three major obstacles with this property, the Inter-local Agreement with Brentwood, the floodplain issues, and the Town’s Land Use Policy Plan, it would be in Mr. Jones’ best interest to allow the Planning Commission to defer this request, and allow staff to review this matter further.

John Ragland from Huntsville Alabama stated he was the party interested in developing this property.  He intends to build a retail strip center and build-to-suit for a larger national chain.

Mr. Ragland stated that he would contact Mr. Laird, Town Planner, to provide additional information regarding his plans for this property.

Commissioner Happel made a motion to defer this matter to the February Planning Commission Meeting, Andrew Grosson seconded, the motion passed unanimously.


  1. CR area access plan for future commercial development

Planner Henry Laird stated that Commissioner Happel had received comments from Tom Allen of Neel-Schaffer, who stated there would be some obstacles regarding the floodplain, but they could be overcome.  Mr. Laird further stated that the main intent is to limit access to Nolensville Road by using another road between Burkitt Road and Kidd Road.

Commissioner Happel stated that this is a conceptual plan to limit access to Nolensville Road and to limit the number of traffic lights on Nolensville Road.  He further stated that most of those lots are very deep, and will be able to have green space by the road which would help protect the floodplain. 

Commissioner Douglas Radley stated that he had a problem with the Planning Commission, as a body, preparing a detailed design.  He further noted that it is good to give developers instructions in the form of a conceptual design to let them know the Town wants to limit access to Nolensville Road by having a connecting road following this general alignment. 

Mayor Lothers said she felt this is a good way to pull some of the traffic off Nolensville Road, but wondered what issues the current property owners may have. 

Mr. Laird asked the Board to think about it a little longer, send staff (Henry Laird and/or Don Swartz) their input or ideas.  There could also be some discussions with the property owners to get their thoughts.

  1. Report from last BOMA meeting

Mayor Lothers stated that public hearings were held on ordinance 08-12, Office Industrial Zoning as it pertains to General Retail and ordinance 08-14, Common Driveways and preventing flag lots.  Second reading of ordinance 08-11, Floodplain Regulations passed unanimously; second reading of ordinance 08-16, permitted special event issues passed 4 to 1.  First reading of ordinance 08-17, day care centers passed unanimously.


  1. Bonds:
  2. Burkitt Place Phase 1A Sec. 1 release from maintenance bond and acceptance by Town
  3. Burkitt Place Phase 1A Sec. 2 release from maintenance bond and acceptance by Town
  4. Burkitt Place Phase 2a, extend maintenance bond at same amount
  5. Winterset Woods Sec. 1 convert performance to maintenance bond, reduce to $202,500
  6. Winterset Woods Sec. 2 convert performance to maintenance bond, reduce to $75,000
  7. Winterset Woods Sec. 3 convert performance to maintenance bond, reduce to $47,400
  8. Winterset Woods Sec. 4A extend performance bond 6 months, reduce to $111,000
  9. Winterset Woods Sec. 4B extend performance bond 6 months, reduce to $111,000
  10. Bent Creek Phase 2, Sec. 1 reduce maintenance bond to $16,500
  11. Bent Creek Phase 2, Sec. 2 reduce maintenance bond to $12,600
  12. Bent Creek Phase 2, Sec. 3 reduce performance bond to $65,000
  13. Bent Creek Phase 2, Sec. 5 reduce maintenance bond to $18,000

o.        Ballenger Farms Phase 3 Sec. 2, extend maintenance bond at same amount

Commissioner Haines made a motion approve items 4a thru 4l and 4o as requested.  Commissioner Wilson seconded the motion.  The motion passed unanimously.

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

Eric McNeely appeared on behalf of C&K Development.  The Developer requested to withdraw the reduction request for agenda items 4m and 4n, and will apply for a variance.  This withdrawal request was approved unanimously.


Mayor Lothers stated that after a short break, the Trees and Trails workshop will begin.


Meeting was adjourned at 7:01 p.m.


Matt Happel

Planning Commission Secretary