Nolensville Planning Commission
March 11, 2014, 7:00 p.m.
Commissioners Present: Jimmy Alexander, Andy Grosson, Robert Haines, Rick Owens, Jason Patrick, Douglas Radley, Jimmy Reaves, Ashlee Walden
Commissioners Absent: None
Staff Present: Henry Laird, Attorney Bob Notestine, Kali Mogul, Rick Fisher
Citizens Present: 43
1. CALL MEETING TO ORDER
The meeting was called to order at 7:01 p.m. by Chairman Douglas Radley.
2. PLEDGE OF ALLEGIANCE
Chairman Radley led the pledge of allegiance.
3. APPROVAL OF MINUTES
Commissioner Jason Patrick made a motion to approve the minutes from the Planning Commission Meeting on February 11, 2014, seconded by Commissioner Reaves. The motion passed unanimously.
5. CITIZEN COMMENTS
Beth Lothers of 304 Walpole Court shared that she is excited about the Historic Conceptual Master Plan. She said the plan would improve parking. She also feels that it was wise to hire a consultant to envision what could be possible for the Historic District. The plan will also help improve the aesthetics and tie the downtown area into the trail head.
Jana Truman of 3232 Locust Hollow. She said that she supports the Historic Conceptual Master Plan from an economic, trees and trails and safety standpoint.
John Taylor said his wife and her sister own the property occupied by Nana’s Diner, Village Antiques and the empty lot between the two businesses. The plan as shown depicts the empty parcel as a parking lot. The family has purchased a sewer tap for the lot and they have plans to develop it. They do not want a parking lot there.
Matt Pierson of 9706 B Clovercroft is neighbors of the Scales’, who are requesting annexation. He has concerns about the annexation and the future zoning of the property. The people still living there will have to deal with increased traffic and the higher home density of any new development on the property. He asked the Commission please adhere to the ABO guidelines in this area. Mr. Pierson also read a letter from Clay Mayes, a neighbor on Clovercroft Rd. who couldn’t attend the meeting. Mr. Mayes has lived on Clovercroft Rd. for 11 years. He requested that the property be zoned Estate Residential if the property is annexed.
Kristin Pierson of 9706 B Clovercroft said she and her husband do not support higher density zoning for their neighborhood. She asked that the entire ABO agreement be applied to the property annexed into Nolensville. Ms. Pierson read a letter from Steve and Julie Lutz of 9620 Clovercroft Rd., who were unable to attend the meeting. The letter requested that the Scales’ property not be zoned SR.
Ken Gaidos at 9612 Clovercroft said that his road is terrible. He and his wife have lived on Clovercroft for 28 years and 19 cars have gone through his fence. Cars have gone off into ditches and destroyed many other fences in the area, and every day it gets worse. There have been two accidents involving school buses on Clovercroft. Mr. Gaidos is in agreement with the lower density requested by his neighbors. Before anything happens, a decision should be made about Clovercroft Road improvements.
Rob Pease with CPS Land said that he understood a development was not under consideration; just the annexation and whether the Town has the desire and ability to serve the area. Mr. Pease said he is available to answer questions if they arise.
James Duncan of 1925 Burke Hollow Rd. said he has lived there for about nine years. He asked the commission to consider improving the roads to address the traffic issues.
7. NEW BUSINESS
A. Public Hearing on Historic District Conceptual Master Plan: Commercial Area
Gary Peterson of Neel-Schaffer gave a short presentation on a year of work dedicated to the Historic District Conceptual Master Plan for the Commercial Area. He said this is an idea or starting point for the area. He listed the five top priorities of the plan: To provide a safer pedestrian friendly environment, to link shops with a sidewalk, to introduce traffic calming features, to introduce aesthetic features into the design, and to have the businesses and property owners develop a business association.
Commissioner Owens asked Mr. Peterson to address the lack of parking and where else it would be available. Mr. Peterson said this property in question between Nana’s Diner and Village Antiques could be reconfigured. There was no construction plan at this time.
Debbie Sutmiller of 7292 Nolensville Road said that people are beginning to visit from farther distances, and parking is beginning to be a problem. She said this plan would be important for increasing safety and beautifying the area.
Tommy Dugger of 9927 Sam Donald Ct said he would like to see the continuation of King St. North behind the funeral home and come out on Nolensville Rd. to make a square. Some of the area is in the flood zone and could be used for parking. Following this comment, Chairman Radley closed the public hearing portion and opened discussion for the Planning Commission.
B. Presentation of Historic District Conceptual Master Plan: Commercial Area
Chairman Radley mentioned this plan is a starting point, and it is a way of saying the Town wants to improve the Historic District. Attorney Notestine asked to clarify whether there is a formal adoption required. Henry Laird said it would be up to the Commission whether they want to adopt this plan as sub-part of the Land Use Plan that would help in future grant applications. Commissioner Owens asked to confirm that this would be an adoption of an idea not a specific, detailed plan. Laird confirmed. Mayor Alexander said he likes the plan, and the area is difficult to work with because of the nature of Nolensville Road. He said he thinks the plan should be adopted as a starting place and to help us secure grants to help pay for the improvements.
Commissioner Patrick concurred with Mayor Alexander on the need to adopt the plan. He said he is concerned about the parking and is interested in Mr. Dugger’s suggestion of creating parking off of King Street. Commissioner Jimmy Reaves agreed with Dugger’s idea of having King Street open onto Nolensville Road.
Mayor Alexander moved to adopt the plan as drawn and move forward to incorporate the plan into our Land Use Plan. Commissioner Patrick seconded the motion, which was passed unanimously.
C. Annexation Request on Scales Property Map 059, Parcel 00900 and Plan of Services
Henry Laird said that the Scales family had requested annexation into the Town of Nolensville. It is outside the UGB of Nolensville and Brentwood. The family and qualified voters would have to vote favorably in an election for the annexation. The ordinance requests the County Election Commission to provide the referendum, and the results would determine whether the property is annexed. The Town has met with the applicant and conferred with Brentwood and Williamson County officials. Neither group objected to the annexation. It can be served by sewer and is adjacent to the Town’s boundary. Brentwood asked that the annexation be handled in the spirit of the interlocal agreement. The Plan of Services has been written, which would then be advanced to BOMA if approved by the Planning Commission.
Chairman Radley confirmed that it is too early at this point to consider any uses of the property. Right now the Commission is only concerned about the services. Laird pointed out that the base zoning for the property would be SR. Attorney Notestine said the earliest that the property could move forward with a referendum would be in August.
Commissioner Owens asked about spot annexation. Laird pointed out that Staff has conferred with Brentwood, and their only concern was that it be handled in the spirit of the interlocal agreement. Mayor Alexander asked whether Brentwood would have any interest in annexing anything east of the Scales property. Laird said that Nolensville’s UGB is adjacent to this property.
Commissioner Robert Haines asked if any properties near Scales were zoned SR. Laird confirmed that adjacent land is zoned SR. Commissioner Andy Grosson asked at what point density would be addressed. Laird said that when the developer comes in with a proposal, the density would be considered. The development would have to come back to the Planning Commission and BOMA for any zoning overlays.
Commissioner Reaves made a motion to approve the Plan of Services and recommend the annexation to BOMA. Commissioner Owens seconded, but Chairman Radley pointed out that Middle Tennessee Electric service would provide electric service to the area, not Nashville Electric. Reaves restated his motion to include this change, and Owens seconded. The revised motion carried unanimously.
D. Proposed Amendment to Zoning Ordinance to Allow and Regulate Farmers’ Markets under Article 4 Temporary Use Regulations
Henry Laird said there is interest in and a request from citizens to start a Farmers’ Market in Nolensville, but the Zoning Ordinance does not allow it. He suggested a possible revision to the Zoning Ordinance under Article 4 by adding item H as described in the memo within the Planning Commissioners’ packets.
After active discussion about what types of items would be sold at the farmers’ market, how to enforce restrictions, hearing from local retailers who have experience with farmers’ markets and fairs, food vendors vs. produce vendors, clarification of zoning for allowed farmers’ markets, Commissioner Ashlee Walden made a motion to defer the agenda item until additional information is gathered on exactly what is required for a farmers’ market. Chairman Radley seconded the motion. The motion passed by a vote of 6 – 2, with Commissioners Owens and Haines voting no.
E. Proposed Amendment to Zoning Ordinance: Article 9-Sign Approval in Historic District
Henry Laird said the Historic Zoning Commission discussed changing the process for sign approvals in the Historic District at a recent meeting. At issue was whether signs could be approved by staff as “minor projects” instead of needing full Commission review and approval. The current process can take 6 – 8 weeks to convene the Commission for a sign approval, which is sometimes a burden on the business owner. The HZC proposed a revision to the Zoning Ordinance Article 9.5.5 allowing sign approvals in the Historic District to be made by Town Staff and the chairman of the HZC using the same regulations used outside the Historic area.
Chairman Radley made a motion to approve the amendment to the Zoning Ordinance as described above. Commissioner Reaves seconded, and the motion passed unanimously.
7. OLD BUSINESS
A. Report from last BOMA meeting
Henry Laird reported that the Burkitt South PUD passed first reading.
A. Bond Actions
1. Bent Creek Phase 4 Section 1A performance bond extension.
Chairman Radley made a motion to approve a performance bond extension for Bent Creek Phase 4 Section 1A at the same amount for one year to April 6, 2015. Commissioner Grosson seconded, and the motion passed unanimously.
2. Bent Creek Phase 4 Section 1C performance bond amount reduction
Chairman Radley made a motion to approve a reduction in the performance bond amount to $68,365.00. Commissioner Patrick seconded the motion, which passed unanimously.
3. Bent Creek Phase 5 Section 1, Phase 5 Section 2, Phase 8, Phase 9 and Phase 4 Section 2 maintenance bond release
Chairman Radley made a motion to approve a release from maintenance bonding for Bent Creek Phase 5 Section 1, Phase 5 Section 2, Phase 8, Phase 9 and Phase 4 Section 2 and recommend these to BOMA for acceptance of the streets for maintenance. Commissioner Walden seconded, and the motion carried unanimously.
4. Bent Creek Phase 10 Section 1 performance bond amount reduction
Chairman Radley made a motion to approve a performance bond reduction for Bent Creek Phase 10 Section 1 to $129,842.00. Commissioner Owens seconded the motion, which passed unanimously.
B. Bond Report
Chairman Radley made a motion to accept the bond report as amended. Commissioner
Walden seconded, and the bond report was accepted unanimously.
Mayor Alexander said State Senator Jack Johnson and State Representative Glen Casada will be at the Town Hall to meet with residents as part of their Williamson County tour on March 20 at 6:30 p.m.
The meeting was adjourned at 8:54 p.m.
1. CALL MEETING TO ORDER
The meeting was called to order at 7:06 p.m. by Chairman Rick Owens.
2. PLEDGE OF ALLEGIANCE
Commissioner Robert Haines led the pledge of allegiance.
3. APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the Planning Commission Meeting on October 8, 2013. Commissioner Brian Snyder seconded the motion, which passed unanimously.
5. CITIZEN COMMENTS
Mr. Brian VanderMey of the Trees and Trails Committee and 6004 Christmas Drive in Bent Creek said the Committee had discovered a very large, red oak in Bent Creek subdivision that may be 250 – 300 years old. The trunk is about 51 inches in diameter. A professional botanist assessed the tree and said it was the oldest red oak he has seen in his 40 years of experience. The tree is in the path of Phase 4 Section 1 subdivision. The Trees and Trails Committee is hoping to preserve the tree by asking the developer to reroute the section.
Alderman Beth Lothers of 304 Walpole Court gave a report from the Trees and Trails Committee. Three grant applications are in process to secure additional funds for the Small Town Connections project. There is a Transportation Alternatives Program grant; A Multi-modal grant, which requires 10-foot multi-modal paths; A Municipal Planning Organization grant; BOMA has also approved an application for one more Safe Routes To School grant. The grant would be for up to $140,000.00 to complete the sidewalk connection between Ballenger Farms and Creekside. In addition, there will be a Non-Infrastructure Safety Education Application made on behalf of Williamson County Elementary Schools for Safety Education funds. Lothers also mentioned connections being made between Brittain Downs subdivision, and the Sunset School campus and sidewalks are planned to be installed along Sunset Road with the road widening project.
6. NEW BUSINESS
A. Sonic Retrofit and Site Plan
Jimmy Mann, architect, represented the applicant. He explained the Sonic retrofit is an update to the exterior of the building. Chairman Owens asked about the comments by the Design Review Committee on valences and down lighting. Mr. Mann explained that valences will be added around lighting fixtures on the new canopy. He pointed out, though, that Sonic is acquiring a small piece of land that was abandoned by the shopping center. Car stalls will be added in this small sliver of land, and they do not want to lower the lighting where car hops will be walking across traffic to serve cars. The proposed lighting complies with the Town’s regulations. Landscaping will also be added.
Mayor Alexander asked whether a revised plat would need to be submitted. Henry Laird replied that the applicant has already submitted the minor subdivision plat revision. Commissioner Haines made a motion to approve of the Sonic Retrofit and Site Plan. Commissioner Jimmy Reaves seconded the motion, which passed unanimously.
B. Site Plan—Toby Florek—Farmers Insurance at 7035 Nolensville Road
Town Planner Henry Laird stated that the Town Staff and Attorney have discussed the proposal with Brentwood City officials since this property is in the Annexation Buffer Overlay zone. After some debate, Brentwood officials determined they did not object to the proposed use of this property since it is an existing building and not new construction. Mr. Florek also revised his parking site plan.
Attorney Bob Notestine confirmed that he had spoken with the Brentwood City Attorney, and together they determined that this proposal did not violate the Interlocal agreement.
Chairman Owens made a motion to approve the site plan revision for the Florek Farmers Insurance. Commissioner Haines seconded, and the motion passed unanimously.
Rezoning of Williamson County Property in Nolensville Park and Town of Nolensville Property Adjacent to Nolensville Park from Suburban Residential (SR) to Public Institutional (PI)
Henry Laird explained that the Town of Nolensville had acquired property adjacent to a Williamson County parcel next to the Nolensville Park. Both are zoned Suburban Residential (SR), whereas the park is zoned Public Institutional (PI). The Town has future plans to use its parcel for a Public Works building for storage or repairs. Mayor Alexander mentioned the land is currently being surveyed.
Chairman Owens made a motion to recommend the rezoning of the Williamson County and Town of Nolensville properties to the Board of Mayor and Alderman. Mayor Alexander seconded the motion, which carried unanimously.
Burkitt South Annexation Part 2—Stockmaster and Holt Properties Plan of Service
Henry Laird explained that two property owners have requested to be annexed into the town. These parcels are contiguous to properties that were previously annexed. If the Plan of Services for the Stockmaster and Holt properties is approved, the next step is for the annexation to be recommended to the Board of Mayor and Aldermen.
Chairman Owens made a motion to approve the Plan of Services for the Stockmaster and Holt properties as presented and recommend the annexation to BOMA. Commissioner Ashlee Walden seconded the motion, which passed unanimously.
Gleaves One-Lot Subdivision, Final Plat
Laird mentioned that the subdivision meets the Town zoning requirements for SR zoning. Sewer is available and had been approved by Metro. Chairman Owens made a motion for approval of the Gleaves one-lot subdivision and final plat. Commissioner Haines seconded, and the motion carried unanimously.
Benington Section 6, Final Plat
Eric McNeely represented the applicant. Mayor Alexander asked about lots that might be critical due to steep slopes. McNeely said that there are two lots—1613 and 1614—that are close to critical lot requirements and that those will be designated as critical lots when the plat is recorded. Mayor Alexander asked McNeely to also review lot 1618 for critical lot designation. McNeely agreed to review all three lots.
Chairman Owens made a motion for approval of the Benington Section 6 Final plat with the following conditions:
Critical lots will be marked on the final plat for recording
Performance bonding set at $191,066.75
Bent Creek Amendment to Master Concept Plan
Eric McNeely represented CK Development. He pointed out that CK has reconfigured the Master Plan to create a new 12-lot Phase 15, while removing 15 lots from previously planned Phase 12. A road will be reconfigured to connect Phase 12 to Clovercroft Road. Commissioner Haines pointed out that open space would be taken for Phase 15, while Phase 12 would be without those homes. Haines inquired about any additional amenities in mind for Phase 12. Mayor Alexander expressed he would like to have the bonding established for Phase 12 prior to approving the Amendment to the Bent Creek Master Concept Plan.
Steve Cates of CK Development mentioned that the land going to Clovercroft would be open space, and the Homeowner’s Association would be allowed to develop it. Cates also confirmed that a third party engineering company provided a cost estimate for the extension of the road, and that road would be bonded and secured by a letter of credit.
Beth Lothers asked on behalf of the Trees and Trails Committee whether there could be access marked for entrance to a natural open space through Phase 4 Section 1. Chairman Owens made a motion to approve the Amendment to the Bent Creek Master Plan with the retention of bonding for Phase 12 to ensure the roadway is built. Commissioner Haines seconded the motion, which passed unanimously.
Bent Creek Phase 15 Final PUD Plan/Preliminary Plat
After a lengthy discussion about open space pedestrian access between from Phase 4 Section 1 to Phase 15, Chairman Owens made a motion to approve the Bent Creek Phase 15 Final PUD Plan/Preliminary Plat with the following conditions:
Commissioner Haines seconded the motion, which passed unanimously.
7. OLD BUSINESS
A. Bond Actions
1. Ballenger Farms Phase 4 Section 1 Release from Landscape Bonding
Chairman Owens made a motion to approve release Ballenger Farms Phase 4 Section 1 from landscape bonding. Commissioner Walden seconded, and the motion carried unanimously.
2. Winterset Woods Section 6 Reforestation Transition to Landscape Maintenance Bonding and a Reduction in Bond Amount
Chairman Owens made a motion to approve the transition of Winterset Woods Section 6 Reforestation to Landscape Maintenance bonding and a reduction in the bond amount to $9,000.00. Commissioner Haines seconded the motion, which passed unanimously.
B. Bond Report
Chairman Owens made a motion to accept the bond report as amended. Commissioner Andrew Grosson seconded, and the bond report was accepted unanimously.
Commissioner Haines asked whether bonding amounts could be set at even amounts. Attorney Bob Notestine and Henry Laird agreed this could be done when bond amounts are approved by staff.
The meeting was adjourned at 8:15 p.m.