Nolensville Planning Commission

Regular Meeting

May 8, 2012, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Robert Haines, Rick Owens, Douglas Radley, Jimmy Reaves

Board Member Absent:    Chris Kelly

Staff Present:    Henry Laird, Attorney Bob Notestine, Kali Mogul, Rick Fisher

Citizens Present:       16

1.  CALL MEETING TO ORDER

The meeting was called to order at 7:06 p.m. by Chairman Rick Owens.

2.  PLEDGE OF ALLEGIANCE

The pledge of allegiance was led Chairman Owens.

3.  APPROVAL OF MINUTES

Chairman Owens made a motion to approve the minutes from the April 10, 2012 Planning Commission meeting.  Commissioner Andrew Grosson seconded the motion for approval, which passed unanimously. 

4. ANNOUNCEMENTS

Attorney Bob Notestine announced that the lawsuit brought against the Town by Turnberry Homes regarding spoils material in Catalina has ended in the Town’s favor.  The judge ruled against Turnberry, and the developer has not appealed the decision.

5.  CITIZEN COMMENTS

Ms. Jana Truman of 3232 Locust Hollow in Bent Creek brought a prepared statement from Alderman Beth Lothers.  In her letter to the Planning Commission, Lothers, the current chairperson of the Trees and Trails Committee stated she had concerns about Item A on tonight’s agenda, Bent Creek Townhomes Sections I – IV PUD Plan.  Lothers said she believed the PUD plan does not adequately support the Land Use Policy Plan by leaving out trails and sidewalks that connect streets and neighborhoods to one another.  She stated that the Trees and Trails Committee has been working hard to bring all neighborhoods, including Bent Creek closer by making sure they connect safely to the ballpark, Nolensville Elementary and the Historic District.  Lothers and other members of the Committee feel that the developer of Bent Creek should take the following actions to adhere to the Town’s policies:

o Pave the trail that connects townhouse residents to Bittick’s trail along the creek

o Require at the minimum, crushed asphalt trails on Sam Donald connecting the Townhomes to the Bent Creek entrance for a completed trail loop.  (Some berming would need to be modified, removed and re-landscaped closer to the entrance.)

o If sidewalks are required now, as per the approved plan now, the developer should not be concerned with future development of the road because that would be performed by the Town of Nolensville.

o The Trees and Trails Committee is committed to research pedestrian bridge options over the tributary, therefore the sidewalks can connect to those already in existence and safe crossing into the back of the Historic District will be achieved.

6.  NEW BUSINESS

A.    Bent Creek Townhomes Sections I – IV PUD Plan

Bill Kottas represented CK Development.  Eric McNeely appeared on behalf of CK, Jason Phillips of Phillips Builders and Carla Ediger, chairperson of the Design Review Committee appeared on behalf of the Town.

Chairman Rick Owens mentioned that the first order of business would be consideration of the orientation of the townhome buildings.  Ediger pointed out that even though the architect and members of the Committee worked together to improve the rear elevations of the townhomes, the committee still recommends the outward facing/original orientation of the buildings due to the high visibility of this area.

Mr. Kottas stated that for the good of the current homeowners, both current and future townhome owners, it makes most sense to face the townhomes inward for a better sense of community.

After lengthy discussion between commissioners, Ediger and the applicant about the orientation of the townhomes, the proposed berms, vegetation and sense of community, Chairman Owens made a motion to amend Condition #2 of the original PUD Plan, which requires the townhome buildings to face outward.  Commissioner Reaves clarified that this would mean the homes would be turned in to face internal streets.  Commissioner Radley seconded the motion, which passed by a vote of 6 – 1. 

With the new orientation of townhomes affirmed, the next step, stated Laird, was to approve the site plan with improved design for rear elevations, sidewalks, rear screening and landscaping. 

Ms. Ediger asked about issues that might be covered in the restrictive covenants for the townhome owners, like items restricted from the back patio and in back yards.  Attorney Notestine answered that items such as those allowed or disallowed, screening and fencing would indeed be included in the restricted covenants.  The covenants will have to be reviewed and approved by the Town Attorney, but the Design Review Committee may be brought in to consult on covenants for Bent Creek Townhomes.

Mr. Kottas asked why the developer would need to establish a bond if the streets for the townhome area are private.  Town Attorney Notestine said this would be an issue to review.  It appears that at least a performance bond would be required.

After additional discussion regarding the options on the rear elevations, Chairman Owens made a motion to approve the rear elevation with the Hardieboard on the second floor.  Commissioner Haines seconded the motion, which passed unanimously.

Attorney Notestine requested that the developer and builder attorneys include the language mentioned at this meeting in the draft of the restricted covenants.

Mayor Alexander asked for a review of Alderman Lothers’ memo to the Planning Commission regarding trails and sidewalks in Bent Creek.  Mr. Kottas replied that there have never been plans to put a sidewalk or trail on Sam Donald Rd.  Citizen Brian Truman, of 3232 Locust Hollow attested that many residents in Bent Creek are interested in having a trail or sidewalk.

Chairman Owens then made a motion to approve the site plan as amended for Bent Creek Townhomes Sections I – V PUD with the condition that the Planning Commission have the opportunity to review existing trail connectivity and confer with the Town Engineer.  This is an outstanding condition that will continue until it is resolved.  Commissioner Haines seconded the motion, which passed unanimously.

B. Catalina Phase 3, Final Plat

Ron Lowery with Delta Associates represented Turnberry Homes. 

After discussion about street lights and fire hydrants being added to the plat, Chairman Owens made a motion to approve the final plat for Catalina Phase 3 with the following conditions: 

• Developer agrees to revise the plat to show street lights and fire hydrants.  Street lights will match existing lights in the subdivision.

• Performance bonding to be set at $48,312.00 and landscaping performance bond to be set at $16,500.00.

Commissioner Felts seconded the motion, which passed unanimously. 

C.  Text Amendment to Zoning Ordinance Concerning Homes for the Aged in the ER Zoning District

The applicant, Rick Barker, appeared to present a proposed small-scale home for the aged.  Mr. Barker is looking at property on Rocky Fork Road, in the ER Zoning District for this business.  Currently, an assisted living home for the aged is not allowed in this District.

After lengthy discussion about the size of the home and facilities, traffic and parking, potential future development in the area Commissioner Haines made a motion to ask the Town Planner to conduct additional study and write a text amendment to the Zoning Ordinance for the Planning Commission to consider that would allow a home for the aged in the ER District.  Chairman Owens seconded the motion.  Commissioner Felts reminded the board that a change to the Zoning Ordinance would include other properties in addition to the one in question on Rocky Fork Road.  The motion carried unanimously.

7.  OLD BUSINESS 

A. Report from last BOMA meeting

No items on the May BOMA agenda came from the Planning Commission.

 

8.  BONDS 

A.  Bond Action:

1.  Ballenger Farms Phase 4 Section 2 requests reduction of performance bond to $71,000.00 and an extension.

Commissioner Felts made a motion to approve the transition of to maintenance bond for Ballenger Farms Phase 4 Section 2.  Commissioner Reaves seconded. The motion carried unanimously.

2. Ballenger Farms Phase 4 Section 2 requests reduction of landscaping bond to $7,700.00 and an extension.

Chairman Owens made a motion to approve the reduction and extension of the Ballenger Farms Phase 4 Section 2.  Mayor Alexander seconded the motion, which passed unanimously.

3. Bent Creek Phase 3 Section 1 requests an extension of the performance bond.

Chairman Owens made a motion to approve the extension of the performance bond for Bent Creek Phase 3 Section 1, and Commissioner Doug Radley seconded.  The motion carried unanimously.

4. Bent Creek Phase 7 Section 1 requests an extension of the performance bond.

Chairman Owens made a motion for approval of a three-month extension of the performance bond for Bent Creek Phase 7 Section 1 at the current amount.  Commissioner Haines seconded the motion, which passed unanimously.

5. Bent Creek Phase 7 Section 1 requests an extension of the landscaping performance bond.

Chairman Owens moved to approve the extension of the landscaping performance bond for Bent Creek Phase 7 Section 1.  Commissioner Haines seconded, and the motion carried unanimously.     

B.  Bond Report

Chairman Owens made a motion to accept the Bond Report as amended by the prior action.  Commissioner Haines seconded the motion, and it passed unanimously.

OTHER

Henry Laird mentioned that Staff and Planning Secretary Haines had approved and recorded a minor plat revision for Bent Creek Phase 2 Section 3 where Jones Company had requested to combine two lots due to sloping and grading issues.

Commissioner Felts mentioned he would like all Commissioners and staff to review the Zoning Ordinance, especially the zoning districts, to see what is and is not permitted in each zone.  Please also review the Zoning Ordinance for typographical errors.

ADJOURNMENT

The meeting was adjourned at 9:42 p.m.