Nolensville Planning Commission
May 11, 2010, 7:00 p.m.
Board Members Present: Jimmy Alexander, Andy Grosson, Bob Haines, Beth Lothers, Rick Owens, Douglas Radley, and Chase Smith
Board Members Absent: Jimmy Reaves
Staff Present: Attorney Bob Notestine, Town Planner Henry Laird, Town Recorder Cindy Lancaster, Bob Hayes and John Strasser
Citizens Present: 12
Chairman Rick Owens called the meeting to order at 7:10 p.m.
PLEDGE OF ALLEGIANCE
Chairman Owens led the pledge of allegiance.
Mayor Lothers noted that the Approval of the Minutes were omitted from the agenda and made a motion to have this inserted, Chairman Owens seconded and this passed unanimously.
APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from April 13, 2010, Planning Commission Meeting. Commissioner Chase Smith seconded the motion. The minutes were approved unanimously.
Mayor Lothers noted that Citizen Comment was omitted from the agenda. She made a motion to amend the Agenda by adding Citizens Comments. Chairman Owens seconded and this was approved unanimously.
Ms. Lynda Moses, Rocky Springs Road, stated that at the last Buttercup Festival this group got acquainted with the Town’s Sign Permit regulations. Due to the length of time it took to get signatures, this group put most of the signs up in Williamson and Davidson County. She asked that these regulations be reviewed.
Town Planner Henry Laird noted that these regulations were implemented due to residents placing signs on property without permission. This was implemented in order to eliminate that complaint.
Counsel Bob Notestine wanted to advise the Commission that occasionally someone from the audience might say “point of order”. After research in the Roberts Rules of Order, Point of Order is a motion from a member of the assembly when something improper is being done. Counsel said that he has not seen anywhere in the Roberts Rules of Order that someone can shout from the audience “Point of Order”. It is his suggestion that if this is done, to continue with the next item on the agenda and move forward with the meeting.
1. Ballenger Farms Final Phase 4, Section 2
Planner Laird advised that Mr. Joe Epps, Engineer for this project, was in attendance for any questions the Commission may have about this project. Mr. Laird added that the project appears to meet the Subdivision Regulations after three conditions are met. The conditions are as follows:
A. Performance bond must be set. If binder is installed the bond should be $103,200, and if it is not installed, it should be set at $169,000
B. Landscape bond must be $15,400
C. Get addresses assigned by the Town
Chairman Owens made a motion to approve with the three conditions noted by staff, Commissioner Bob Haines seconded. The vote was taken and the motion was passed unanimously.
2. Brittain Plaza, located on Nolensville Road, Proposed Parking Provisions to the Site Plan
Planner Laird reported that the property owner, Mr. Fred Yazdian, was in attendance with Mr. Epps, the Engineer for this project, and they are asking for relief of parking issues for this project. Planner Laird noted that two proposals had been submitted. He added that the proposal that is recommended by the Planning Commission must go before the Board of Zoning Appeals for their approval. Application has been submitted to that Board. Planner Laird added that staff’s preference is option 2.
Mr. Epps reiterated that Mr. Yazdian agreed with staff for the selection of option 2. Mr. Epps noted that when the Zoning Ordinance was amended it required a 54-foot reservation. This is a request to the Board of Zoning Appeals for a 38-foot reservation. A letter was distributed to the Commission from the Stevens Group addressing revisions to the Site Plan of Brittain Plaza’s parking revisions. The Commission discussed the revision at length including the by-pass that the State has planned for several years from now.
Commissioner Jimmy Alexander made a motion to accept and support option 2 and approve it with gaining the approval of Board of Zoning Appeals, Chairman Owens seconded, and this was approved unanimously.
3. Sweet Baby Enrichment Center, Inc (Day Care Center), 7209 Nolensville Road, Site Plan
After much discussion and concerns with incomplete items such as the drawing not to scale, parking issues, and the omission of a professional landscaping plan, the applicant Ms. Missy Nettles, President and Director of Sweet Baby Enrichment Center, requested that her request be deferred until these items can be submitted to Staff at Town Hall and presented next month. The Commission agreed to this request.
4. Bent Creek Final Plat Phase 7, Section 1
Mr. Bill Cates with CK Development was in attendance to answer questions and report to the Commission. There was extensive discussion on this request noting various issues.
Chairman Owens made a motion to approve with conditions as follows:
1.) Approval from FEMA before critical lots obtain building permits (Lot # 7208, 7209, 7210, and 7211)
2.) Letter of map revision
3.) Certificate of Addresses
4.) Performance bonds submitted on infrastructure for $184,870 and landscaping for $6,670. May reduce infrastructure bond to reflect revised cost of binder and stone have been installed with Town Engineer’s approval.
Commissioner Haines seconded, and this was approved unanimously.
5. Proposed Sign Regulation Amendments
Planner Laird addressed Appendix A in the Zoning Ordinance going over numerous sections that are proposed amendments. Sections A to 14 were discussed. The Commission agreed that the remaining section would be discussed at the next Planning Commission meeting. Mayor Lothers recommended that the Design Review Committee be in attendance at the next meeting due to their role in implementing these regulations.
6. Consideration of Zoning Amendment Restricting outside displays of merchandise in certain Commercial Districts
Planner Laird noted that the Town has similar restrictions in the CR Zone as the restrictions that are being proposed. He noted that these amendments would apply in the CS and CCO Zoning. Planner Laird added that the Village area was not addressed due to their normal process of items being left out in front of their establishments.
Chairman Owens made a motion to approve this Zoning Ordinance amendment, Commissioner Douglas Radley seconded. Commissioner Smith suggested adding ice machines as an exception. It was suggested to view other cities handling of this situation. Chairman Owens withdrew his motion; Commissioner Radley withdrew his second.
Mayor Lothers made a motion to defer this until other municipalities could be researched and review their guidelines, Chairman Owens seconded and this was passed unanimously.
7. Specific Bond Actions –
c. Bent Creek, Phase 3, Section 1, Extend Performance Bond 1 Year
Planner Laird noted that Peoples State Bank installed their landscaping two years ago, which is the requirement. The Town has inspected the landscaping. A letter has been received from the contractor that states everything is living. Staff recommends that Peoples State Bank be released from this bond
Chairman Owens made motion to release the landscape maintenance bond at Peoples State Bank, Commissioner Alexander seconded, and this was approved unanimously.
The Haley Industrial Park Performance Bond Phase 4 by Pinnacle Bank is expiring in a few days. Haley Industrial is no longer in business and Pinnacle Bank is holding this security. They have agreed to honor this bond, which is for the left turn lane off of Nolensville Road, in addition to other work. In the near future another bond will be coming due for Haley Industrial and Pinnacle is the holder of that bond also. Paperwork is forth coming that will change the name from Haley Industrial to Pinnacle Bank. This bond and the Line of Credit would be extended for one year.
Chairman Owens made a motion to name Pinnacle Bank and remove Haley Industrial’s name from the bond, with no reduction from $157,000 and obtaining receipt of the paperwork by May 15, 2010. Commissioner Haines seconded the motion and this was passed unanimously.
Commissioner Haines made a motion to extend the Bond for Phase 3 Section 1, of Bent Creek. Commissioner Andy Grosson seconded and this passed unanimously
8. Bond Report as Amended
Chairman Owens made a motion to approve the bond report, as amended, with the condition that a new letter of credit on The Reserve at Bent Creek is received by June 8, 2010, Commissioner Bob Haines seconded and this passed unanimously.
Mayor Lothers explained the new process of the sign permit issue noting the previous concerns were being addressed.
Mayor Lothers noted that the new web site would be going live soon.
The meeting was adjourned at 9:19 p.m.
Robert D. Haines Date
Planning Commission Secretary