Nolensville Planning Commission

Regular Meeting

August 9, 2011, 7:00 p.m.

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

Board Member Absent:    Doug Radley

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

Citizens Present:       7


The meeting was called to order at 7:01 p.m. by Chairman Rick Owens.


The pledge of allegiance was led by Commissioner Charissa Mishu.


Chairman Owens made a motion to approve the minutes from the July 12, 2011 Planning Commission Meeting.  Commissioner Andy Grosson seconded the motion.  The minutes were approved unanimously.






1.    Catalina Subdivision Phase 2 Construction/Floodplain Spoils Plan.

Tom White, attorney, represented the applicant Turnberry Homes.  Mr. White explained that the applicant is lacking a hydraulic analysis required for consideration of the Construction/Floodplain Spoils plan.  He requested a deferral to the September 13, 2011 Planning Commission Meeting in order to complete the analysis.  Mr. White also requested an informal discussion of the matter.  The Commission approved the deferral of the decision on Catalina’s floodplain spoils plan by acclamation.   Mike Wrye of Lose and Associates, also representing Turnberry Homes, agreed to complete and submit the hydraulic analysis within three weeks of the next Planning Commission meeting on September 13.

Tom Allen, of Neel-Schaffer, arrived at 7:08 p.m.

Discussion of the floodplain spoils plan in relation to the Town’s Zoning Ordinance, Subdivision Regulations, Storm water and Floodplain Regulations took place.


2.  Report from last BOMA meeting

Mr. Laird reported that a Public Hearing was held on the volunteer annexation ordinance requested by Mr. Yazdian and on the Plan of Services pertaining to the annexation.  A resolution was passed that approved the Plan Of Services.  A Public Hearing was also held on zoning text amendment concerning abandonment and change of uses for non-conforming uses.

Chairman Rick Owens requested approval to return to a previous agenda item, Citizen Comments, as several residents arrived late to the meeting.  The Commission approved a return to Citizen Comments by acclamation. 

Elizabeth Sykes, of 2029 Catalina Way in Nolensville spoke on behalf of several homeowners in Catalina Subdivision.  She said the neighbors are opposed to the floodplain spoils plan for aesthetic reasons and because the proposed berm would add to poor drainage conditions in the area.

Steve Schiller of 2033 Catalina Way in Nolensville said, after talking with many of his neighbors, they are adamantly opposed to the proposed berm not only for aesthetic reasons but because the residents would ultimately be financially responsible for long-term maintenance of the proposed berm. 

   3.  Bond Actions:

A. Ballenger Farms Subdivision, Phase 3, Sections 1 & 2 requests release from maintenance bond and acceptance by the Town for maintenance.

Town Engineer Don Swartz reported that in his review of the sections, there were a number of sidewalk sections and handicap ramps that were cracked or broken and needed to be replaced.  After some discussion between Attorney Bob Notestine, staff and commissioners regarding a possible conditional release, the consensus was that the Commission generally hasn’t recommended a release from maintenance bonds in subdivisions where work was still needed.   Commissioner Grosson asked about landscaping and mentioned he had seen some dead trees in the subdivision.  

Commissioner Larry Felts made a motion to deny release from maintenance bonds for Ballenger Farms Phase 3 Sections 1 & 2.  Commissioner Jimmy Reaves seconded the motion.  Upon a vote being taken, the motion was approved unanimously.

B. Ballenger Farms Subdivision, Phase 4, Section 1, requests release from performance bond and transition to maintenance bond at $87,065.70.

Mr. Laird reported the final layer of asphalt had not been laid and there were some additional repairs that should be made.  He mentioned that according to Town Subdivision Regulations, a transition to maintenance could be made without the final layer of asphalt, but the Planning Commission has not generally approved such requests.

Chairman Owens made a motion to deny the transition to maintenance.  Commissioner Bob Haines seconded the motion.  Upon a vote being taken, the motion was approved unanimously.

         C. Acceptance of Bond Report

Chairman Owens made a motion to accept the Bond Report.  Commissioner Larry Felts seconded the motion, which passed unanimously.


Mayor Alexander mentioned that this would be Commissioner Mishu’s last meeting for several months, as she is expecting a baby on September 1, 2011.


The meeting was adjourned at 7:34 p.m.