Nolensville Planning Commission

Regular Meeting

October 8, 2013 7:00 p.m.

Commissioners Present:  Jimmy Alexander, Andy Grosson, Robert Haines, Rick Owens, Douglas Radley, Jimmy Reaves, Brian Snyder, Ashlee Walden

Commissioners Absent:   None

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

Citizens Present:       26

1.  CALL MEETING TO ORDER

The meeting was called to order at 7:01 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 September 10, 2013.  Commissioner Brian Snyder seconded the motion, which passed unanimously. 

4. ANNOUNCEMENTS

None

5.  CITIZEN COMMENTS

Ms. Marianne Nagy of 2127 Eulas Way, Sunset Park subdivision, had comments regarding Sunset Park bonding.  Chairman Owens asked Ms. Nagy to hold her comments until the bond action portion of the meeting.  The Planning Commission agreed to this change in the agenda.

6.  NEW BUSINESS

     A.  Revised Preliminary Plats, Benington Sections 7 – 8

Eric McNeely of McNeely Civil Engineering represented the developer, Grove Park Partners.  The plats for Sections 7 and 8 were revised to show the connection between Benington and Benington II, a development planned for the future. 

Chairman Owens made a motion to approve of the Revised Preliminary Plats for Benington Sections 7 – 8.  Commissioner Jimmy Reaves seconded the motion, which passed unanimously.

     B.  Site Plan—Toby Florek—Farmers Insurance at 7039 Nolensville Road

Mr. Toby Florek represented the site plan.  He pointed out that the address of the property is actually 7035 Nolensville Road.  Henry Laird commented that this specific parcel has multiple buildings on it, including St. George’s Market/Casa Lovy—previously known as Wheeler’s Market/Coast In—which is a legal non-conforming use.  The building in question, however, is not zoned for commercial use and has previously been used as residential rental unit.  The applicant is applying for a low use office use for his business, and therefore has requested to have a gravel parking lot instead of paving.

Attorney Bob Notestine said Tennessee State law has broadly interpreted cases like this in other instances.  Mayor Alexander asked whether the Inter-local agreement applies to this particular case.  Attorney Notestine said he had not spoken with anyone in Brentwood about this case, but that the Town has a contract with the city of Brentwood that states we will confer with them on expansion of use in this area.

Henry Laird said the Town would approach Brentwood officials on behalf of the applicant.

Mayor Alexander also pointed out that the plan indicates gravel parking on someone else’s parcel.  Mr. Florek said that the gravel was laid in error and would be moved.  Mayor Alexander requested a revised plan showing the gravel on the correct parcel.  Florek agreed.

Chairman Owens asked if Mr. Florek would agree to defer his site plan and return for the November Planning Commission meeting, giving Town staff a chance to confer with Brentwood officials and giving Florek a chance to revise his plans.  By acclimation the Planning Commission agreed unanimously to accept the deferral.  Laird said he would contact Mr. Florek about the due date of the corrected plans.

  1. Revised Final Plat, Bent Creek Phase 6 Section 2B

Eric McNeely represented the applicant, CK Development.  Henry Laird introduced the item by saying the purpose of the revision of the final plat was to designate critical lots with steep slopes and recently-discovered sinkholes on lots in this section.  The information concerning the sinkhole locations was only recently brought to the Town’s attention.  The lots have been treated with injection wells in accordance with TDEC guidelines.  Building plans for the critical lots would be subject to approval by the Town Engineer.

McNeely said the applicant would note the steep slope lots on the final plat with a double asterisk (**) and sinkhole lots with a single asterisk (*) prior to recording.  Notes would be added on the plat and revisions to the legend would also be made prior to recording.

Commissioner Haines asked whether this revision would indemnify the Town against future litigation over sinkholes.  Attorney Bob Notestine stated the reason for the Planning Commission to approve the revision conditionally and require the addition of notes and asterisks is to make certain the slopes and sinkholes become public knowledge.

Town Engineer Don Swartz noted that the developer followed the protocol for injection well treatment of the sinkholes and TDEC and/or third-party geotechnical firm inspection.

After discussion, Chairman Rick Owens made a motion to approve the revised Bent Creek Phase 6 Section 2B final plat with the following conditions: 

Lot numbers 6217 – 6222 will receive the single sinkhole asterisk and lots 6223 and 6224 will receive the steep slope double asterisk.  Commissioner Haines seconded the motion, which passed unanimously.

7.  OLD BUSINESS 

None recorded.

8.  BONDS 

A. Bond Actions

     1. Sunset Park Subdivision Transition to Maintenance Bond

Ms. Marianne Nagy made a statement on behalf of Sunset Park residents who opposed the developer’s request to reduce the bond amount.  She said her list of deficiencies included about 13 items, including an approved pathway to and around the pool, some sidewalk problems, detention pond areas and others.   Town Engineer Don Swartz confirmed Ms. Nagy had provided a list, but not all of the items dealt with public improvements covered under the performance or maintenance bonding.  The items covered under the bonding were included in Don’s memo to the Planning Commission.  He pointed out that Sunset Park was approved by Williamson County with no sidewalks, but the developer agreed to and put in sidewalks anyway.  Swartz noted some minor cracking and minor pitting on very small sections of sidewalks.  Detention pond issues have been addressed.  Otherwise, Swartz stated that the developer has indeed performed as required.  Minor deficiencies have been noted and will be repaired or completed during the maintenance period. 

After continued discussion with Ms. Nagy about what improvements are required by the developer under bonding and the Town’s requirements for performance and maintenance, Chairman Owens made a motion to approve a reduction to maintenance bonding for Sunset Park to $49,200.00.  Commissioner Walden seconded the motion, which passed unanimously. 

Mr. Richard Flynn of 1804 Sunset Park Court in Sunset Park asked to address the Commission on Sunset Park.  Chairman Owens acknowledged Mr. Flynn, who asked whether the new amount in the maintenance bond would be enough for the developer to compensate for the other homeowner issues in Sunset Park.  Swartz replied the $49,200.00 would be sufficient to cover the public improvements as stated in the performance and maintenance bonds.  Other issues are between the homeowners and the developers.   

2. Catalina Phase 2 Transition to Maintenance Bond and Reduction of Bond Amount

Town Engineer Don Swartz mentioned there were a few minor deficiencies noticed, such as broken sidewalks and inlet screening devices.  He said he would be meeting with the concrete contractor to mark sections in Phases 2 and 3, which will be repaired.  The developer also agreed to repair a broken sidewalk in Phase 1, which has already been accepted by the Town for maintenance.  Homeowners in Catalina recently submitted complaints about issues not covered by performance or maintenance bonding, which the Town Engineer had addressed directly with them. 

After discussion about the repair work remaining and cost to make the repairs, Chairman Owens made a motion to approve Catalina Phase 2 transition to maintenance bond and reduction of the bond amount to $9,142.50.  Commissioner Haines seconded the motion, which passed unanimously.

3. Catalina Phase 3 Transition to Maintenance Bond and Reduction of Bond Amount

Chairman Owens made a motion to approve a transition to maintenance bonding and a reduction in bond amount for Catalina Phase 3 to $14,493.60, which was seconded by Mayor Alexander.  The motion carried unanimously.

4. Catalina Phase 3 Transition to Landscaping Maintenance Bond and Reduction of Bond Amount

Chairmain Owens made a motion to approve a transition to landscape maintenance bonding and a reduction in bond amount for Catalina Phase 3 to $4,950.00.  Commissioner Brian Snyder seconded the motion, which passed unanimously.

5. Nolen Park Phase 1 Extension of Performance Bonds

Chairman Owens made a motion to approve the extension of the two performance bonds for Nolen Park Phase 1 for one year at their current amounts.  Commissioner Haines seconded the motion, which passed unanimously.

6. Nolen Park Phase 1 Extension of Landscaping Performance Bond

Chairman Owens made a motion to approve the extension of the landscaping performance bond for Nolen Park Phase 1 for one year at its current amount of $10,500.00.  Commissioner Haines seconded the motion, which passed unanimously.

7. Nolen Park Phase 2 Extension of Performance Bond

Chairman Owens made a motion to approve the extension of the performance bond for Nolen Park Phase at its current amount of $93,000.00.  Commissioner Walden seconded the motion, which passed unanimously.

B. Bond Report

Chairman Owens made a motion to accept the bond report as amended.  Commissioner Haines seconded, and the bond report was accepted unanimously.

9.  OTHER

Mayor Alexander mentioned there would be a Beer Board meeting on Monday October 21, 2013 at 6:30 p.m.  There will also be a City Administrator workshop on Monday October 28, 2013 at 6:30 p.m. 

10.  ADJOURNMENT

The meeting was adjourned at 8:12 p.m.