Board of Zoning Appeals
Nolensville Town Hall
April 22, 2010 - 7:00 p.m.

Members present were: Vice Chair Ken Norman, Tommy Dugger, Ron Randell and Ken Rucker.  Member Brian Truman was absent. Staff present was Attorney Robert Notestine, Town Engineer Don Swartz and Judy Simerson, Permit Specialist.

Applicants present:   Brian Cooley, 9787 Jupiter Forrest Drive, Brentwood, TN.
Four citizens were present.

Vice Chair Norman called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. 


Vice Chair Norman asked that all cell phones be placed on vibrate and then went over the procedures of the meeting.  He also explained the function, powers and duties of the Board of Zoning Appeals.  He welcomed new member Ron Randell who was attending the BZA meeting for the first time.

Approval of Minutes

A motion was made by Commissioner Dugger, seconded by Commissioner Rucker, to approve the minutes of February 11, 2010. The minutes were unanimously approved by acclamation.

Election of Officers

Vice Chair Norman deferred this item until the next meeting when all members are present.

New Business

Permitted with Conditions Request to Keep Boarded Animals at 2007 Johnson Industrial Blvd in the OI Zoning District

The applicant, Brian Cooley, stated this was a request for a dog daycare business and a boarding facility with a small retail area at the front area.  The majority of the business would be for daycare.  He stated they would be coordinating with Happy Tails Rescue located in Franklin for possibly some satellite adoption days on Saturdays.  Most of the time the dogs will use the main warehouse of the building as a large indoor play yard with very little use outside.  The hours of operation will be 7 a.m. until 7 p.m.  Total space in the building to be used for boarding is 850 square feet.  Therefore, the majority of the building will be used for the play space for dogs.  Regarding the drawing that was provided, Mr. Cooley stated the only new thing he would need would be approval for the fence.

Regarding the conditions that are required for the request, Mr. Swartz stated the Board would have to be satisfied that all conditions are being met.  One thing he was not aware of was the buffer yard B was required behind the property.  However, with the previous application on the same property when the warehouse was used, there was satisfaction of that requirement on the site plan. That would carry with the property, and there would no additional landscape requirement with this requested use.  This would satisfy Item D of the conditions.

Permitted with Conditions Request to Keep Boarded Animals at 2007 Johnson Industrial Blvd in the OI Zoning District - Cont’d

For clarification, Counsel Notestine pointed out that the application should be amended to reflect that Brian Cooley is the owner of the business, and that he is not the owner of the building.  This should be part of the motion.

Citizens Comments

Vice Chair Norman opened the meeting for comments from the citizens that were present.

Tara Brock, 806 Stonebrook, stated her property borders this property and they use their backyard frequently.  She had concerns regarding the noise and the use of the drainage ditch to dispose of animal waste.  She asked which portion of this building would be used for the daycare.  Mr. Cooley stated that as you look at the front of the building, it would be on the left where the side garage door is located.  There are two buildings, and it would be the one closest to the front.  He stated the location was as far away from their property as possible.

Regarding the animal waste, Mr. Cooley gave a detailed explanation of the system that would be used to dispose of the animal waste for the outdoor and indoor areas.  It would be an artificial turf system with a built-in drainage system underneath, with a complete containment system.  It will drain directly into the building’s sanitary sewer system.  The outside and inside system will be connected as one piece.  He drew a picture of the system on the white board for everyone to view.

Mr. Swartz stated the fence would not require a permit, but Mr. Cooley will need to obtain a zoning permit.  Staff could check the animal waste system at that time.

Mr. Cooley stated they plan to be as eco friendly as possible.  The long term goal is to do capital improvements and install additional plants, etc.  Since the dogs are cage free, they are happy and this results in minimal noise. 

Mrs. Harry Thomas, 9832 Clovercroft, asked about the boarding.  Mr. Cooley stated there would be a small amount of boarding, but the animals would not be packed in and crowded.  The maximum capacity for boarding would be 30 dogs.  Vice Chair Norman stated it should be clearly understood by all that the dogs would only be outside in the fenced area during the hours of 7:00 a.m. and 7:00 p.m.

In answer to a question from Commissioner Dugger, Mr. Cooley stated the maximum daily capacity for the dogs would be 60, which would be 30 for daycare and 30 for overnight boarding.  He stated the dogs would be inside most of the time, and there are plans to air-condition the building.

Vice Chair Norman closed the citizen comments section and opened up the discussion by the Board members.

Permitted with Conditions Request to Keep Boarded Animals at 2007 Johnson Industrial Blvd in the OI Zoning District - Cont’d

Vice Chair Norman stated one of the conditions limits the size of the business to 4,000 square feet and it was hard to read the map that was submitted.  Mr. Swartz stated the front of this existing building is 5,400 square feet.  Mr. Cooley stated Town Planner Henry Laird advised him that the actual area used for the boarding cannot exceed 4,000 square feet. 

Counsel Notestine stated that the condition does not really recognize a daycare and that it just speaks about facilities.  The retail portion would be a separate use, and the condition allows no more than two uses per lot.  Mr. Cooley stated the maximum boarding area would be 1,000 square feet, and the rest of the building would be an open play area for the dogs.

Mr. Swartz stated the park play area is an accessory and falls under the umbrella use.  Vice Chair Norman stated this condition needs to be cleared up.  He stated it would be limited to 4,000 square feet under permitted with conditions.  If it is going to be greater than that, then Mr. Cooley would have to come back for a variance proposal request.  Mr. Cooley stated he would stay within the 4,000 square feet requirement. Mr. Swartz stated the town would verify the maximum 4,000 square footage at the time the inspection is made for the zoning permit.

Vice Chair Norman restated the hours for operation would be 7:00 a.m. to 7:00 p.m. and all the animals must be inside the facility after 7:00 p.m.   The facility is not to be used for breeding or training. 

Commissioner Dugger asked about the size of the fenced-in area.  Mr. Cooley stated it would be 16 x 47 feet. 

Commissioner Dugger asked about the noise ordinance, and Counsel Notestine said the noise ordinance would apply to this commercial business.  Mr. Cooley stated there would always be a human with the dogs, and they would not be left alone.

Since the applicant appears to have met all five conditions for this use, the town staff will make sure the 4,000 square foot limitation is met and the application will be amended to reflect that Brian Cooley is the owner of the business and not the owner on the application, Commission Dugger stated he would make a motion for approval since he has met all the conditions for the boarding facility.  Commissioner Rucker seconded the motion.

Commissioner Dugger encouraged the residents that were present to familiarize themselves with the town’s noise ordinance and the procedure to follow if a problem arises with barking dogs.

Regarding the animal waste issue, Counsel Notestine stated there were also ordinances that deal with debris and waste.  Williamson County also has a very strong Health Department in place.

The motion passed unanimously.


A motion was made by Mr. Dugger, seconded by Mr. Randell, to adjourn the meeting.  The motion passed unanimously at 7:32 p.m.

Respectfully submitted,

Judy Simerson, Permit Specialist


 Ken Norman, Vice Chairman