Nolensville Planning Commission

Regular Meeting

June 9, 2009, 7:00 p.m.

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

Board Members Absent:     Willis Wells

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

Citizens Present:                 15

The meeting was called to order at 7:05 p.m. by Secretary Bob Haines, serving as Chairman. 


The pledge of allegiance was led by Commissioner Frank Wilson.


Commissioner Douglas Radley made a motion to approve minutes from the May 12, 2009, Planning Commission Meeting; Mayor Beth Lothers seconded the Motion.  Mayor Lothers made an amendment to page 2, paragraph 5 “Commissioner Wells expressed concern that it will cost approximately $15,000 each time it had to be repainted and that is too steep of a penalty, per his discussion with the applicant.”  Commissioner Jimmy Alexander seconded the amendment, which passed unanimously.  The motion, as amended, also passed unanimously.


Mayor Lothers asked the Commissioners to please let Cathi Little know if they would like to pick up their packets from Town Hall, or if they preferred to have them delivered.  Commissioner Haines thanked Cathi Little for the terrific job she has done in putting together a new Zoning Ordinance, it has been a number of years since it has been completely updated.


Travis Blunt, 2073 Catalina Way, Mr. Blunt requested to hold his comments until after Turnberry Homes has spoken on agenda item 2.

Charles Lawson, 2531 York Road, spoke in regards to Dr. Harr’s office building regarding window colors.  He and his wife agree that brown windows would not look good.  He feels the brushed aluminum is the best choice.

Elizabeth Sykes, 2029 Catalina Way, would like to reserve her comments until after Turnberry Homes has spoken on agenda item 2.

Mr. Alfred Bennett, Nolensville Rd, stated the inside of Dr. Harr’s building is very attractive.  He asked that before building anything for the Town, that Town officials go inside the building and see what an architect has done; it is “sheer genius”.

7:15 p.m. Chairman Rick Owens joined the meeting.


  1. Dr. Harr Building Site Plan Revision Request (deferred from previous month).  

Matt Happel stated that the Design Review Committee held a meeting that afternoon, June 9th, with Brandon Fleming from Shaub Construction, the project manager, and Dr. Harr.  They reviewed the five options that Mr. Fleming had presented to the Design Review Committee for them to bring a recommendation to the Planning Commission.  The most feasible option is to paint the windows with electrostatic paint.  There was some discussion as to what color that should be; the decision came down to one of two different colors.  The decision was made that one window will be painted brown and another one painted black, and then the applicant can make a decision between the two colors.

Commissioner Alexander made a motion to accept the Design Review Committee’s recommendation and require the applicant to electrostatically paint the window frames black or brown, and staff, along with Design Review, will approve which color is more suitable.  Commissioner Andrew Grosson seconded the motion; which passed unanimously.

Chairman Owens asked about the door frames.  Mr. Happel stated that they are considered part of the window frames; all exterior aluminum.

7:22 p.m.  Acting Chairman Haines relinquished the Chair to Chairman Rick Owens.

  1. Catalina Subdivision Preliminary PUD Plan to modify development into a varied lot sized development.

Planner Henry Laird stated this is a sketch plan or preliminary PUD Plan; no action is to be taken by the Commission.  This is only for discussion and to give feedback to the developer to see if it is appropriate to proceed or not. 

Mr. Laird further stated that the developer wanted to propose this modification and see what the Commission feels about it.  Staff is concerned about the number of additional lots being created, the size of the lots, whether they meet our standards; what the impact is on existing homeowners, and obtaining existing homeowners input or suggestions.  “The goal of a PUD is to have a better design, not just to add lots,” said Laird. 

Commissioner Alexander stated the current homeowners purchased their homes on ½ acre lots and have the expectation that all future development will also be on ½ acre lots.  Chairman Owens agreed, and added that he feels it will create increased congestion and surveys have shown the residents of the Town don’t want the smaller lot sizes. 

Commissioner Wilson stated another development had recently asked to reduce their lot sizes, and those current residents made it clear they did not want the lot sizes decreased.  The Commission disagreed with that developer, and feels the same should be done with this developer.

Commissioner Radley, agreed with Commissioner Wilson. He also added that he feels this proposal does not improve the subdivision at all; it only creates smaller lots next to larger lots. 

Commissioner Grosson stated that he also agreed and added that he did not see any additional buffer from Mill Creek or benefits of the PUD.

Rick Bell appeared on behalf of the developer, Turnberry homes.  Mr. Bell wanted the Commission to know that Centex Homes made the original plan application; Turnberry Homes has never been before this Commission.  Mr. Bell stated that they are experiencing one of the worst housing depressions and have lowered the prices on their homes to just about cost and if this continues, the development may go into foreclosure.  He further stated that if this happens, the lots could be sold off at $30,000, and homes will be built on them that will sell for $200,000 to $270,000.  Turnberry is trying to avoid that happening, and came up with this idea that will continue the ½ acre lots so that no one who currently owns a home on a ½ acre lot will have anything smaller located next to them.  Since there would be a scarcity of ½ acre lots, those would be able to be sold at a premium, which would increase the current homeowner’s equity.  They want to create a 2nd section in the community to be called “The Parks”, which will be the exact same home that is currently being built, but on smaller lots with side-entry garages.

Mayor Lothers asked about the lot sizes.  Nicky Wells of Turnberry homes responded that the original submittal did have 9,300 sq. ft.  It is their full intention to comply with the Town’s lot size requirement when they submit the actual PUD plan.  The difference would be the frontage width, which would be 75 feet for the Forest, which will have the front entry garages; and 90 feet in the Parks, which will have the side-entry garages.

Mr. Bell, stated they are proposing to make sub-entrances within the community to give definitive beginning and endings to the different sections:  The Forest, The Parks and the Estates would all have their separate monumentation, markings, etc.

Mr. Wells, stated the benefits include increased open space in the developable areas; connectivity to the environmental features that are on the property currently.  The current plan doesn’t provide connectivity to Mill Creek and the trails.

Mayor Lothers wanted to clarify that most people in the Town of Nolensville paid between $30 to $50 last year for full-time police coverage.  Surrounding cities with full-time police coverage have taxes that range from .15 to .59.  BOMA did approve a small property tax increase from .06 to .15, which required with the growth to provide the services that people moving here require.  She further stated that obviously the Town can’t rely on building permits long-term, which is why the Town is trying to develop commercial and other sources of income.

Travis Blunt, 2073 Catalina Way, stated that he is concerned that his property value could decrease and traffic will be increased by 20%; therefore he is opposed to this proposal.

Elizabeth Sykes, 2029 Catalina Way, reiterated Mr. Blunt’s comments and stated she is also opposed to this proposal.

Matt Happel, 9895 Sam Donald Rd. stated he is also opposed to the Developer’s proposal.

Commissioner Alexander stated that his opinion against this proposal had not changed.  Mayor Lothers asked if any Commission member had changed their original opinion, to please speak up; no one did.


  1.    Amendment to subdivision regulations to add signature block for electric utility.

Commissioner Wilson made a motion to defer; Chairman Owens seconded the motion, which passed unanimously.

  1. Report from last BOMA meeting

Mayor Lothers reported that a public hearing was held on ordinance 09-08, an ordinance to annex certain territory east of current corporate boundaries.  The Plan of Service and second reading will be held at the next BOMA meeting.  Ordinance 09-10, as it pertains to day care centers passed on first reading.


5.     Bond Actions

Nolen Park Phase 2, authorize extension of $310,000 performance bond.

Chairman Owens made a motion to approve the extension; Commissioner Wilson seconded the motion, which passed unanimously.

Catalina Phase 1, authorize extension of $97,000 performance bond.

Commissioner Wilson made a motion to approve the extension; Chairman Owens seconded the motion, which passed unanimously

6.     Approve Bond Report

Commissioner Wilson made a motion to approve the Bond Report as amended; Chairman Owens seconded the motion, which passed unanimously.


Mayor Lothers wanted to make the Planning Commission aware that she had been approached by business owners in Johnson Industrial requesting a monument sign showing all the names of the business located there.  She feels it would be good idea for Haley Industrial also. However, this will be a problem with the regulations regarding signs off-premises site.  She would like the Commission members to be considering this.


The meeting was adjourned at 8:16 p.m.


Bob Haines                                                    

Planning Commission Secretary