Nolensville Planning Commission

Regular Meeting

July 10, 2012, 7:00 p.m.

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

Board Members Absent:   None

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

Citizens Present:       10

1.  CALL MEETING TO ORDER

The meeting was called to order at 7:02 p.m. by Chairman Rick Owens.

2.  PLEDGE OF ALLEGIANCE

The pledge of allegiance was led by Commissioner Douglas Radley.

3.  APPROVAL OF MINUTES

Chairman Owens made a motion to approve the minutes from the June 12, 2012 Planning Commission meeting.  Commissioner Robert Haines seconded the motion for approval, which passed unanimously. 

4. ANNOUNCEMENTS

None

5.  CITIZEN COMMENTS

None

6.  NEW BUSINESS

A.    Bent Creek Phase 6 Section 2-A Final Plat

Eric McNeely represented the developer, CK Development.  Chairman Owens made a motion to approve the final plat with the following conditions:

• Developer agrees to add street lights and a street light symbol added to the final plat prior to recording

• Performance bond amount set at $48,817.50 

Commissioner Andrew Grosson seconded the motion, which passed unanimously.

B. Concept Residential PUD Plan for Burkitt Village

Joe Epps, of Anderson, Delk and Epps represented the applicant.  After comments from Beth Lothers, chairperson of the Town Trees and Trails Committee, some discussion about the connections to the Burkitt Place subdivision and Silver Spring Valley subdivision, trail connectivity between Burkitt Place and the proposed subdivisions, Homeowner’s Association covenants, Chairman Owens made a motion to approve the Concept Residential PUD Plan for Burkitt Village with the following conditions:

• Residential PUD Plan will exclude Parcel 93 labeled “future development.”

• Applicant will confer with the Town’s Trees and Trails Committee with regards to trail connectivity and construction.

Commissioner Chris Kelly seconded the motion, which passed unanimously.

C.  Concept Residential PUD Plan for Sherwood Green Estates

Joe Epps, of Anderson, Delk and Epps represented the applicant.  He stated that they are asking for two things in the request for this development: a rezoning from ER to SR and a portion for a PUD overlay.

After a brief discussion about a potential crosswalk, the proposed new high school in Nolensville, the flood plain and open space areas, Chairman Owens made a motion for approval of the Sherwood Green Concept PUD Plan with the condition that the applicant meet with the Trees and Trails Committee with regards to trail connectivity and construction and that the elevation lines for the flood plain and legend be clearly shown on the map.  Commissioner Felts seconded the motion, which passed unanimously.

7.  OLD BUSINESS 

A. Report from last BOMA meeting

There was no July BOMA meeting.

8.  BONDS 

A.  Bond Action:

1.  Bent Creek Phase 2 Section 3 requests release from maintenance bond.

Chairman Owens made a motion to recommend approval the release of Bent Creek Phase 2 Section 3 with the following conditions:

• Developer agrees that the remaining work is to be completed within one year, and

• A cash bond of $7,780.00 is to be posted in Escrow as surety.  Commissioner Haines seconded the motion, which passed unanimously.  This request will be heard at the August, 2, 2012 Board of Mayor and Aldermen meeting for final approval.

2. Benington Phase 5 requests a revision of the performance bond amount.

Mayor Alexander asked about a road failure in Benington.  Eric McNeely addressed the failure, which is in Phase 2 and abuts Phase 5.  The Phase is in Maintenance.  Commissioner Chris Kelly stated he lives in Benington and confirmed the problem.  Mayor Alexander asked Mr. McNeely to look into the failure and address the immediate nature of the problem with the developer of this section, Bill Kottas, and respond back to the Planning Commission on the outcome.

Lengthy discussion then occurred about the request for revision of the performance bond amount for Benington Phase 5.  Mr. Pennington, representing Barlow Builders, requested to revise the amount of the performance bond to $57, 522.00.  The requested amount submitted in writing along with a stamped spreadsheet of completed and remaining work was $237,823.22.  Pennington referred to a phone conversation that took place the day before with Don Swartz as the basis for the change. 

Discussion and a review of the rules for submitting a request to the Planning Commission continued while Town Engineer Don Swartz was contacted by cell phone for feedback.  By cell phone, Swartz stated that he had not seen the spreadsheet from Gresham Smith just submitted by Pennington or inspected any additional work in this Phase of Benington.  He stated he had only spoken by phone to Dan Crunk, another representative of Barlow Builders, about the process for further revision and could only agree to the official revision of the performance bond to $237,823.22.  Chairman Owens asked Pennington if he would like to accept this revision or request a deferral to the August Planning Commission meeting.  Pennington requested a few moments to confer with a colleague outside.  The Commission agreed to suspend the issue and come back to it momentarily.

3.  Catalina Section 1 requests a reduction of bond amount and transition to maintenance. 

Chairman Owens made a motion to approve a reduction of the bond to $32,010.00 and a transition to maintenance.  Mayor Alexander seconded, and the motion passed unanimously.

4.  Burkitt Place Phase 2H requests reduction of performance bond amount.

Chairman Owens made a motion to approve a reduction in bond amount to $65,608.40.  Commissioner Radley seconded the motion, which passed unanimously.

Chairman Owens then recognized Mr. Pennington, who stated that his only viable option is to accept a revision of the performance bond to $237,823.22. He said he would request another revision at the next meeting.  Chairman Owens made a motion to approve this revision of the performance bond to this amount for Benington Phase 5.  Commissioner Radley seconded the motion, which passed unanimously.

B.  Bond Report

Chairman Owens made a motion to approve the bond report as amended.  Commissioner Kelly seconded the motion, and it passed unanimously.

OTHER

Alderman Lothers clarified her earlier statement about walking trails between Ballenger Farms and McFarlin Woods in her comments regarding the concept plan for Burkitt Village, saying it is always easier to accomplish connectivity between subdivisions with trails when they are part of the original plans for the development rather than trying to put them in after the development is underway. 

Bob Notestine also questioned Mr. Pennington’s comments on a further reduction of the performance bond for Benington Phase 5.  Mr. Laird clarified that the request on tonight’s agenda was actually a revision of the original performance bond amount, not a reduction, because the plat has not yet been recorded nor has surety been established.

ADJOURNMENT

The meeting was adjourned at 8:25 p.m.