Nolensville Planning Commission

Regular Meeting

September 11, 2012, 7:00 p.m.

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

Board Members Absent:   Chris Kelly

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

Citizens Present:       35

1.  CALL MEETING TO ORDER

The meeting was called to order at 7:05 p.m. by Chairman Rick Owens.

2.  PLEDGE OF ALLEGIANCE

Chairman Owens led the pledge of allegiance.

3.  APPROVAL OF MINUTES

Chairman Owens made a motion to approve the minutes from the August 14, 2012 Planning Commission meeting.  Commissioner Andrew Grosson asked for a correction to the minutes from the August meeting on section 3.  Chairman Owens amended his motion to approve with the correction pointed out by Grosson.  Commissioner Doug Radley seconded the motion for approval with the date correction, which passed unanimously.  Mayor Alexander recused himself from the vote since he missed the August meeting.

4. ANNOUNCEMENTS

None

5.  CITIZEN COMMENTS

Jana Truman of 3232 Locust Hollow said she was very thankful for the Commission’s professional nature in handling a project that was presented at the prior meeting, the building site plan for the Church of Jesus Christ of Latter Day Saints.  Ms. Truman also supported the plan to be presented by Mr. Kottas for resolving the trail condition in Bent Creek.

6.  NEW BUSINESS

A.    Annexation, Plan of Service for Pulliam property Map 33 Parcel 92 and R-O-W on Kidd Road

Chairman Owens asked for a show of hands in favor of a public hearing on this annexation and Plan of Service for the October 9, 2012 meeting.  The show of hands was unanimous.

B. Bent Creek Townhomes PUD Plan condition on trails

Bill Kottas of CK Development agreed to provide an eight-foot (8’) wide asphalt paved walking path from the end of the trail near the townhome section and creek area to the front entrance of Bent Creek at Sam Donald Road.  In return they are requesting a variance from the Subdivision Regulations requiring private roads to be built to Town cross-section standards in the Townhomes section.

Chairman Owens made a motion to approve the plan submitted by CK Development to resolve the conditions on the Townhomes PUD Plan.  Commissioner Larry Felts seconded the motion, which passed unanimously.

Commissioner Felts requested a revision of the order of the agenda to address all other agenda items before considering New Business item C, the proposed Land Use Policy Plan Amendment.  The request was unanimously accepted.

7.  OLD BUSINESS 

A. Report from last BOMA meeting

Henry Laird reported that there was a first reading on an ordinance to annex the property mentioned at tonight’s meeting, the Pulliam property.

8.  BONDS 

A.  Bond Action:

1.  Brittain Downs Phase 1 requests a variance to allow additional bond reduction.

Laird stated that our Subdivision Regulations allow for only one reduction of bond amount and that the developer would like to ask for another reduction.

Joe Epps, of Anderson, Delk and Epps, represented the developer.  He said that Mr. Yazdian’s company is trying to show the bank progress has been made so that the bond can remain guaranteed by a credit line.  If the bond amount remains the same, Mr. Yazdian fears the bank may require him to cover the entire bond with cash.  The amount of work left to be completed is $52,239.00.

Mayor Alexander and several Planning Commissioners expressed concern that granting a variance may set a precedent whereby other developers will ask for additional reductions.

Town Engineer Don Swartz stated that when entertaining a bond reduction, it is customary to add 10% contingency to the amount of work left to be done, which would bring the Performance bond amount to $57,550.00

Chairman Owens made a motion to approve a variance to the Subdivision Regulations and allow a second bond reduction for Brittain Downs Phase 1 performance bond to $57,550.00.  Mayor Alexander seconded the motion, which passed unanimously.

2. Bent Creek Phase 4 Section 1B requests revision of original performance bond amount

Laird explained that the original performance bond amount was $75,343.00 but that the developer had completed a significant amount of work since this amount was set.  The plat had not yet been recorded nor the bond posted.  The developer requested a reduction to $50,099.06, and the Town Engineer concurred that this amount would be acceptable.        

Chairman Owens made a motion to approve performance bond amount reduction to $50,099.06.  Commissioner Grosson seconded, and the motion passed unanimously.

3. Benington Section 5 requests revision to the original performance bond amount

This request is similar to the previous bond action item.  Laird explained that the original performance bond amount was $354,621.00 but that the developer had completed a significant amount of work since this amount was set.  The bond amount was already revised once previously, but the plat had not yet been recorded nor the bond posted.  The developer requested a reduction to $57,511.50, and the Town Engineer concurred that this amount would be acceptable.

Chairman Owens made a motion to approve performance bond amount reduction to $57,511.50.  Commissioner Felts seconded, and the motion passed unanimously.

4.  Bent Creek Phase 7 Section 1 performance bond extension

Chairman Owens made a motion to approve a 30-day extension of the performance bond.  Commissioner Haines seconded the motion, which passed unanimously.

B.  Bond Report

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

At this time, Chairman Owens returned to New Business Item C—Land Use Policy Plan Amendment for South Nolensville.

Dwight Kiser of Kiser Vogrin Design represented the applicants on this agenda item.  His partner Gary Vogrin handed out a hard copy of Mr. Kiser’s presentation prepared.  Mr. Shawn Henry, land use attorney with Tune, Entrekin & White also represented the applicant.

The purpose of the application was to request the Planning Commission’s support of a Land Use Policy Plan amendment to eliminate Paragraph 9 under Section A of the current plan that requires the area South of Rocky Fork Road to be developed as single family residential conventional subdivision and allow for a mixed use “southern village” community that could encompass a variety of medium to high-density residential and commercial services or retail, among other land uses.

The impetus for the proposed revision to the existing Land Use plan was the Williamson County Schools’ announcement that they had purchased property in South Nolensville for a new high school and elementary school for the area.

Following the presentation by Mr. Kiser and a presentation by staff of counter-arguments, a lengthy discussion took place on various topics such as the relevance and updating of a land use plan, growth in Williamson County and Nolensville, the character and density of the Town, the traffic impact of a high density community and school campus.  Mr. Henry, on behalf of the applicant, then requested an opportunity to meet with staff for further input and a deferral by the Planning Commission.  Chairman Owens agreed to the deferral.

9.  OTHER

None

10.  ADJOURNMENT

The meeting was adjourned at 8:59 p.m.