Nolensville Planning Commission
April 14, 2009, 7:00 p.m.
Board Members Present: Jimmy Alexander, Andy Grosson, Bob Haines, Beth Lothers, Rick Owens, Douglas Radley, Willis Wells and Frank Wilson
Staff Present: Tom Allen, Henry Laird, Cathi Little and Attorney Bob Notestine
Citizens Present: 27
The meeting was called to order at 7:07 p.m. by Chairman Rick Owens.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Willis Wells.
APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve minutes from March 10, 2009; Commissioner Frank Wilson seconded the motion. Mayor Beth Lothers recused herself as she was absent at the March 10, 2009, meeting. The minutes were approved unanimously.
Mayor Lothers announced that the Town Events Committee will be holding an antique and classic car show on Saturday, April 25th in the Town Center parking lot. That morning is also the Lions Club pancake breakfast.
Chairman Owens made some comments before beginning the Citizen Comments portion of the meeting. He stated that everyone on the Planning Commission is serving with one expressed interest, which is to do the very best they can for the Town of Nolensville. They don’t have hidden agendas; they just want to do the very best for the Town. He further stated that they appreciate the citizen comments that they get, which indicates to him that the Town has a passionate and engaged citizenry, which is crucial to any growing town and crucial to healthy debate. However, he asks the citizens to be respectful to Commission members, as the Commission members are to the citizens.
Kelly Dever, 9865 Clovercroft Rd., asked the board to defer the issue of the proposed cell tower on Nolensville Road, and make a recommendation to the Board of Mayor and Aldermen to hold a moratorium on cell towers to allow the Town time to look at the cell tower ordinance and update appropriately to where it is in the best interest of the Town and its residents.
Mr. George Dean, attorney, stated he appeared at the request of neighbors surrounding the proposed cell tower site. He respectfully suggests that the Town look at the current cell tower ordinance, and issue a 60-day or so moratorium to amend the zoning ordinance to bring it more in line with other current cell tower ordinances. He also suggested that the town possibly increase the notice given to adjoining neighbors for Board of Zoning Appeals hearings, from 10 days to 21 days.
Kali Morris Kane, appeared on behalf of her father, Ben Morris, 7383 Nolensville Road. Ms. Kane stated that they are concerned with radio waves going into homes, lowering of property values, and the precedent that is being set for a big corporation to come in and force the Town to make a decision against its residents.
Kristie Pennington, 2070 Delaware Drive, stated she is a resident of Nolensville opposes the proposed location of the cell tower.
Aubrey Short, 803 Rockwood Drive, spoke on his opposition to the proposed Town Center location for Town Hall. He felt there is no opportunity for expansion, and feels there is no need to jump from 4,000 to 16,000 square feet. He further stated that a zero lot line isn’t part of our current ordinance.
Lynda Moses, 2230 Rocky Springs Road, stated that she agrees with everything Mr. Short said. Ms. Moses mentioned that the Buttercup festival was this past weekend, it was a wonderful time. She wanted to thank the police officers who helped direct traffic, and felt this amount of traffic for this event demonstrated the need for a foot bridge to the historic area.
Commissioner Frank Wilson recused himself from this item.
Town Planner, Henry Laird, stated that a cell tower location is a conditional use and a permit is required to the Board of Zoning Appeals. The applicant has gone through that process and obtained approval. That approval was based on all the conditions having been met. The next step is the site plan approval, which is what this item is. There was also a citizen meeting held by Verizon. Mr. Laird further stated that the town asked the applicant if there were any other locations in this area that would accommodate this tower, and also requested if there are any alternatives to the height proposed. In summary, the staff believes that there are no practical alternatives apparent to us that would work better, given the restrictions that we have, and recommends approval.
Matt Harris, attorney at Waller Lansden Dortch and Davis, appeared as counsel for Verizon Wireless.
Chairman Owens made a motion to bring this issue before the board for discussion, Commissioner Grossman seconded. Commissioner Frank Wilson recused himself from this discussion and vote.
Attorney Bob Notestine stated that he feels the issue of a moratorium is a dangerous one for the Town. He stated it is legal to do so, but feels it is ill-advised to do so because moratoriums generally produce litigation. The towns that he has seen that have moratoriums in this area of the law tend to spend a lot of money and not do very well, and he doesn’t think that would be in the Town’s best interest. He further stated that the Town’s errors and omissions carrier does not feel it is advisable. Attorney Notestine further stated that the scope of the meeting tonight needs to be limited to what it is agendized for, which is the site plan.
Chairman Owens stated he feels that good screening is highly necessary. Mayor Lothers read from Brentwood’s ordinance and stated that it appears this plan meets Brentwood’s ordinance also. Mr. Harris stated that Verizon’s site plan as far as ground screening actually exceeds the Town’s current requirements.
Commissioner Jimmy Alexander asked about any health issues. Matt Harris stated that it is reasonably well documented to date, that there are not health risks associated with operations of these cell towers unless someone were to climb a ladder and situate themselves mere inches from the antenna for long extended periods of time. The RF emissions spray out and disburse. There are antennae in church steeples, on top of hospitals, schools, and office buildings that are in much closer proximity to where people are than in this case. Town Planner Henry Laird stated that under the Town’s landscaping ordinance, a performance bond and then a maintenance bond are required to ensure the landscaping is completed and remains alive for two years.
Commissioner Haines asked who would be maintaining the gravel roadway up to the site. Mr. Harris stated it will be maintained by the applicant.
Chairman Owens asked for the vote; the motion to approve the site plan passed unanimously.
2. Site Plan for Town Center development submitted by Tisano Developers for redeveloping existing Town Center shopping center on Oldham and Nolensville Road. Includes new restaurant on site and proposed town hall building
Commissioner Frank Wilson returned to the Board.
Chairman Owens made a motion to approve the site plan, Commissioner Haines seconded.
Town Planner Laird reviewed the project and noted the recommendations made by the Design Review Committee and Tom Allen’s comments regarding stormwater issues.
Mayor Lothers made a motion to amend the motion to approve to include Tom Allen’s stormwater comments and the design review committee’s recommendations as conditions. Commissioner Douglas Radley seconded the amendment.
Kevin Gangaware, project engineer, stated the Owner is willing to meet those conditions.
Planner Laird stated that staff would require a revised site plan be submitted and approved by staff before they signed off that all the conditions have been met.
Upon vote being taken, the Amendment to the Motion to Approve passed unanimously. The original Motion as amended, was approved unanimously.
3. Annexation request by Haley Industrial Park and Errico Property for addition to industrial park
Henry reviewed this project, and stated that staff recommends the Planning Commission recommend to BOMA, the annexation of the property, and to zone the property Office Industrial (OI).
There was some discussion regarding the 50 foot easement to Kidd Road. Mr. Errico agreed to have the entire parcel annexed by the Town.
Commissioner Haines made a motion to recommend to the Board of Mayor and Aldermen, to approve the revised plan of service with the conditions to reflect 10.52 acres to be zoned Office Industrial (OI) and the .5 acres to Kidd be zoned as Suburban Residential (SR). Commissioner Alexander seconded the motion, which passed unanimously.
4. Request from Jones Company for approval to lay the final surface course to Phase 1
Commissioner Wells made a motion to postpone this request, indefinitely, Commissioner Wilson seconded. The motion passed unanimously.
5. Report from last BOMA meeting
Mayor Lothers reported there was second reading of ordinance 08-13, pertaining to the issue of allowing gravel surface private roads, which was approved with an amendment. She further reported that resolution 09-12 passed, which was the approval of the updated zoning map.
6. Nolen Park
a. Nolen Park Phase 1 – Landscaping Bond - $40,000
b. Nolen Park Phase 1 – Maintenance Bond - $90,000
c. Nolen Park Phase 1 – Performance Bond - $3,000
Commissioner Wilson made a motion to extent Nolen Park bond numbers 1816, 1819 and 1820 (a, b and c above), Chairman Owens seconded; the motion passed unanimously.
7. Bent Creek Phase 5, Section 2 – Performance Bond - $177,013.50
8. People’s State Bank of Commerce – Landscape Bond - $33,000
9. Haley Industrial Phase 4 – Performance Bond - $157,000
Commissioner Wilson made a motion to approve extension of bond items 7, 8 and 9 above. Commissioner Wells seconded, the motion passed unanimously.
10. Approve Bond Report
Mayor Lothers made a motion to approve the Bond Report, Chairman Owens seconded, the motion passed unanimously.
The meeting was adjourned at 9:11 p.m.
Planning Commission Secretary