Nolensville Planning Commission

Regular Meeting

February 12, 2013 7:00 p.m.

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

Board Members Absent:   None

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

Citizens Present:       23

1.  CALL MEETING TO ORDER

The meeting was called to order at 7:02 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 Planning Commission Meeting on January 8, 2013.  Commissioner Brian Snyder seconded the motion, which passed unanimously.

4. ANNOUNCEMENTS

None

5.  CITIZEN COMMENTS

Ms. Wanda Barker of 7372 Nolensville Road said she would like the Commissioners to vote yes on New Business Item A, text amendment to the Land Use Policy Plan. 

Mr. Larry Gardner of 105 Mill Creek commented on four items.  He asked that 1) If the Commissioners vote yes on the text amendment to the Land Use Policy Plan, please also allow commercial development in the area near York Road; 2) Please revisit the Major Thoroughfare plan.  More building in the southern part of Nolensville will bring a great deal more traffic; 3) Bent Creek developers should finish Bent Creek Trace and use that area for Senior Housing; 4) Nolensville should invest in getting the Bypass around the Historic area now.

Joe Curtsinger of 7380 Nolensville Road said the Planning Commission is exhibiting arbitrary and capricious behavior of the Land Use Plan and considering the Land Use Policy Plan.  He objected to the way the Public Hearing was handled at the last meeting.  He quoted from the minutes of several past Planning Commission meetings and the Land Use Policy Plan.  He said that staff originally recommended no PUDs, and now they are recommending PUDs in the southern part of Nolensville.  He said that changing this part of the Land Use Plan will destroy the intentions of the previous Planning Commissions.

Tommy Dugger of 2260 Rolling Hills Drive spoke in favor of the Land Use Policy text amendment.  He said that the landscape of the town is changing with the new High School coming in, and the nature of PUDs has also changed in requirements. 

Chairman Owens made a comment to close the Citizen Comments portion of the meeting.  Land Use Policy Plans can change.  Our vision of the Town and what we want the town to be hasn’t changed, but how we achieve our goals can change.  He does not believe there is arbitrary or capricious behavior by the Planning Commission. 

6.  NEW BUSINESS

A.    Land Use Policy Plan Text Amendment on Residential Planned Unit Developments in South Nolensville

Town Planner Henry Laird stated that the applicants requested item 9 under Article A of the Land Use Policy Plan text be eliminated.  He said that PUDs have changed drastically since the original Land Use Plan was drafted.  The request tonight is not for a specific project, but the item under consideration is whether to remove the restrictions to the type of housing that can be developed in the southern part of Nolensville. 

Commissioner Snyder asked for clarification of the differences between the rules for PUDs in the past versus current regulations.  Laird said that previous regulations allowed a higher density--half-acre lots--and several other variables.  Among others, rules for garage entries, standards for front-loaded garages, open space and lower density—1.8 units per acre—have been put in place since the first PUDs were developed in Nolensville.  Mayor Alexander agreed that the PUD regulations have certainly evolved, and since so many positive changes have been made, the PUD has much greater acceptance.  They also allow us to ask for additional amenities like open space, walking trails and connectivity, which are not options with a conventional subdivision.  Commissioner Robert Haines also commented that planning documents are living documents that are not static. Changes can be made. 

Commissioner Jimmy Reaves said he lives in Bent Creek and called the lot sizes “a disaster.”  In some cases, homeowners have only 15-feet surrounded by common area, and they can’t even put up a swing set.  It is a nightmare for the HOA to maintain common area, and the homeowners are unable to be satisfied, so he can not vote in favor of a PUD for South Nolensville.  Mayor Alexander, Commissioner Andy Grosson and Chairman Owens countered that the PUD regulations had been changed drastically since Bent Creek started.  Mayor Alexander said it is not a right to do a Planned Unit Development.  The Planning Commission can reject a PUD easily.  Conventional subdivisions can be developed as a matter of right. 

Chairman Owens made a motion to approve the amendment to the Land Use Policy Plan text and delete restriction number 9 under Article A on residential PUDs in the southern part of Nolensville.  Commissioner Haines seconded the motion. The motion for approval passed by a vote of 7 – 1, with Commissioner Reaves dissenting.

B. Proposed Amendment for Zoning Ordinance parking standards for day care centers and retail liquor stores

Town Planner Henry Laird introduced the item, saying Nolensville’s off-site parking standards for daycare centers are excessively high in comparison to other cities and counties in the area.  In this discussion, package liquor store parking also came up since the Town is currently drafting regulations for this special type of retail use.  Currently the standard requires one space for every five children regardless of the total number of children.  Williamson County and Metro has a graduated system for regulating the number of spaces.  Staff recommends one space for every five children up to 50 children and one space per ten children after that. 

For retail package liquor store off-site parking, staff recommends the same standard as general retail parking, which is one space per 200-square feet.  This is a recommendation to BOMA to considering a change to the ordinance. 

Chairman Owens made a motion for approval of the change to the Zoning Ordinance parking standards for day care centers and package retail liquor stores as recommended by staff: For daycare centers, one space for every five children up to 50 children and then one space for every ten children; for retail package liquor stores, one space per 200-square feet.  Commissioner Haines seconded the motion, which passed unanimously.

7.  OLD BUSINESS 

A. Report from last BOMA meeting

Henry Laird reported that BOMA heard the first reading on the amendment to the Master PUD Concept Plan for Bent Creek.  A public hearing will be held on this issue at the March meeting.  There was a first reading of the ordinance that regulates retail package liquor stores.

 8.  BONDS 

A.  Bond Actions

1. Bent Creek Phase 5 Section 1 requests transition to maintenance bond

Chairman Owens made a motion to approve the transition to maintenance bond for Bent Creek Phase 5 Section 1.  The motion was seconded by Mayor Alexander and passed unanimously.

2.  Bent Creek Phase 5 Section 2 requests transition to maintenance bond

Chairman Owens made a motion to approve the transition to maintenance bond for Bent Creek Phase 5 Section 2.  The motion was seconded by Commissioner Snyder and passed unanimously.

3. Bent Creek Phase 4 Section 2 requests transition to maintenance bond and a reduction in bond amount to $50,374.50.

Chairman Owens made a motion to approve a transition to maintenance bond and reduce the bond amount for Bent Creek Phase 4 Section 2 to $50,374.50.  Commissioner Reaves seconded and the motion carried unanimously.

4.  Bent Creek Phase 8 Section 1 requests transition to maintenance bond and a reduction in bond amount to $12,800.36

Chairman Owens made a motion to approve a transition to maintenance bond and reduce the bond amount for Bent Creek Phase 8 Section 1 to $12,800.36.  Commissioner Snyder seconded and the motion carried unanimously.

5.  Bent Creek Phase 9 Section 1 requests transition to maintenance bond and a reduction in bond amount to $15,832.91. 

Chairman Owens made a motion to approve a transition to maintenance bond and reduce the bond amount for Bent Creek Phase 9 Section 1 to $15,832.91.  Commissioner Grosson seconded and the motion passed unanimously.

B.  Bond Report

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

9.  OTHER

Mayor Alexander announced that the Trees and Trails Committee will host an Arbor Day celebration at 9:00 a.m. on March 2 by planting trees on Rocky Fork Road.  Everyone is invited to join and volunteer planting trees.

10.  ADJOURNMENT 

The meeting was adjourned at 7:47 p.m.