Nolensville Planning Commission

Regular Meeting

June 14, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Larry Felts, Charissa Mishu, Rick Owens, Jimmy Reaves

Board Member Absent:           Bob Haines, Doug Radley

Staff Present:                          Henry Laird, Don Swartz, Attorney Bob Notestine, Engineer Tom Allen, Kali Mogul and Bob Hayes

Citizens Present:                      15

CALL MEETING TO ORDER

The meeting was called to order at 7:00 p.m. by Chairman Rick Owens.

PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Chairman Owens.

APPROVAL OF MINUTES

After recusing himself from the vote, Commissioner Rick Owens made a motion to approve the minutes from the May 10, 2011, Planning Commission Meeting.  Commissioner Larry Felts seconded the motion.  The minutes were approved by a vote of 5 – 0 with one abstention.

ANNOUNCEMENTS

None

CITIZEN COMMENTS

1.  Mr. Rick Norman of 1267 Countryside Drive in Stonebrook spoke in favor of the rezoning and development of the site at 7223 Nolensville Pike, saying it would be a vast improvement to the community. 

2.  Mr. Ron Warbritton of 7097 Nolen Park Circle in Nolen Park subdivision spoke in favor of the rezoning of the site at 7223 Nolensville Pike, saying with proper engineering and planning, the development would be valuable to the town of Nolensville.

NEW BUSINESS

1.    Rezoning Application of 7223 Nolensville Road by Premo Investment Company and Highpoint Investors

Mr. Tom White, attorney with Tune, Entreken & White, P.C. and Mr. Charles Lowe, with Ragan-Smith, represented the property owner.  Following an introduction by Mr. White, Mr. Lowe gave a short presentation about the planned commercial development. Town Planner Henry Laird presented an overview of information from the town staff, including an exhibit of Nolensville’s Land Use map and specific language included in the written Land Use Policy.  Mr. Tom Allen, with Neel-Schaffer also supplied a written memo and map regarding the floodplain and floodway.

After some discussion of the presentations and supporting materials, Chairman Owens moved to recommend disapproval of rezoning of the site to the Board of Mayor and Aldermen based on the Town of Nolensville’s Land Use Policy, section B #1 Environmental Policies, stating “Land immediately adjacent to streams should be left in a natural state to control erosion and sedimentation of such streams.  Natural drainage should not be altered except when absolutely necessary.” And #2, stating “Flood plain areas should be limited in development intensity to those activities that do not obstruct flood flows.”

The motion was seconded by Commissioner Andrew Grosson.  A vote was taken but did not pass, as voting among the commissioners was tied, with three voting in favor of the motion and three voting against it.  

After further discussion, Commissioner Felts made a motion to recommend approval of rezoning of the site.  Commissioner Charissa Mishu seconded the motion.  A vote was taken but did not pass, as voting among the commissioners was tied, with three voting in favor of the motion and three voting against it.

Attorney Bob Notestine explained that since the motion to recommend approval of rezoning failed to pass, the recommendation to BOMA will be to disapprove the rezoning.

2. Text Amendment to Correct Language on Non-Conforming Uses in Zoning Ordinance

Henry Laird stated that Town Staff has found that a previous amendment to the non-conforming use regulations section of the zoning ordinance made under Ordinance 06-12 aimed at bringing the Town’s regulations on abandonment and expansion of legal non-conforming uses in line with state statutes was incorrect in the section dealing with Change of Uses, 1.5.5.  Such wording should have been placed under the Abandonment/Termination section, 1.5.6.  The wording for the Change of Use should not have been changed.

Chairman Owens made a motion to recommend approval of zoning ordinance text change to BOMA.  Mayor Jimmy Alexander then seconded the motion, which passed unanimously.

OLD BUSINESS 

3.  Report from last BOMA meeting

There were no items from the Planning Commission that went before the May BOMA meeting.

4.  Bond Actions:

A. McFarlin Woods Phases 5 & 6 requests extension of performance bond

Chairman Owens made a motion to extend the performance bond for one year.  Commissioner Felts seconded the motion, which passed unanimously.

B. Acceptance of Bond Report, as amended

Chairman Owens made a motion to accept the Bond Report, as amended.  Commissioner Jimmy Reaves seconded the motion, which passed unanimously.

ADJOURNMENT

The meeting was adjourned at 7:48 p.m.