2007
Minutes Archive
Nolensville Planning Commission
Regular Meeting
Nolensville Elementary School
October 9, 2007, 7:00 p.m.
Members in attendance were Chair Rick Owens, Members Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Debbie Riddle, Willis Wells and Frank Wilson. Aldermen Dugger was in attendance also.
Staff present was Town Attorney Bob Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, Tom Allen and Town Recorder Cindy Lancaster.
I. Call Meeting to Order
The meeting was called to order at 7:04 p.m. by Chair Rick Owens.
II. Pledge of Allegiance
The Pledge of Allegiance was led by Willis Wells.
III. Approval of Minutes
Commissioner Wells made a motion to approve minutes from September 11, 2007, and Commissioner Riddle seconded the motion.
Mayor Lothers made a motion to amend the minutes of the following section of the September minutes:
“Mayor Lothers made a motion to amend with approval for lot 2308 and defer lot 2307 with the condition that the builder perform an internal audit on the critical lots within the development by the next planning commission meeting.”
She stated that it should read, “conditional on the internal audit on the critical lots and more information provided to the Planning Commission regarding on how they would handle the other lot.” She noted that she felt she should clarify this and make sure that it is a part of the record. She stated that she did not believe the motion was strictly conditional on the audit but also on providing more information on the second lot, 2307. She further stated that this is very important whenever something is based on approval of a condition, noting it has to be completely accurate with this being the town’s written record. Chair Owens seconded. The amendment was approved unanimously. The minutes were approved unanimously as amended.
IV. Announcements
Chair Owens said to rely heavily on staff to give their benefit of their expertise. He noted everyone, Henry Laird, Don Swartz, Mayor Lothers, Tom Allen, Matt Happel, Bob Haines and everyone. Mayor Lothers noted that the County Planning Commission meets once a month and the town is trying to have representation at each of these meetings.
V. Citizen Comments
There were no citizen comments.
VI. New Business
Subdivision Review:
Brittain Downs Final Plat Phase 1
Mr. Laird noted that this is the final plat for Phase 1 Brittain Downs P.U.D. This phase is for 42 lots. The submittal is complete and they did a good job on submitting. He recommends approval with condition of posting performance bond for remaining infrastructure work.
Mike Anderson of Anderson Delk Engineering stated the bond has not been posted, although it will be once this commission has approved this. Commissioner Haines noted that he did not see sprinklers on the plans. Mr. Anderson said he could add this. He also asked about the facade setback for front loaded garages and asked for Mr. Anderson’s understanding. Mr. Fred Yazdian, builder for Brittain Downs, stated that the garage will be three (3) feet behind the front façade. Commissioner Haines said that in the past, there has been some confusion and use of the front porch as the front façade. .
Commission Haines made a motion to show the sprinkler system on the notes section of the final plat.
The total bond amount has been set and we rely on the engineering firm to set this $170,000. Mr. Anderson stated that this was set on September 26th and the curbs and some sidewalks had not been installed. About $90,000 has already been completed and we would like for you to consider that. The estimate for that is $181,000 and we ask that this be taken into consideration and reduced. Mr. Swartz stated he would recommend that and the town requires a stamped letter from the engineer and once that is sent, I can check that to make sure it has been performed.
Mayor Lothers asked if the sprinkler system should be on there. Mr. Laird stated that it could be put on there.
Chair Owens suggested a conditional approval with posting a performance bond after the required letter of the posting amount from the developer and the sprinkler notation of the general notes on the final plat as well. Mr. Swartz stated he would appreciate that.
There was no second.
Chair Owens made a motion to approve based on the approved amount by staff for the bond and to have the inclusion of the sprinkler requirement in the general notes. Mayor Lothers seconded the motion. The motion passed unanimously.
Final Plat Willis Wells Property (lot for Dr. Harr’s Office Building)
Commissioner Wells stated that he would recuse himself from this agenda item.
Mr. Laird described this proposal. He stated that a condition should be to have Williamson County sign this with the approved address. Although, Williamson County does not normally sign until approved. He stated we had requested in the notes to have north and south joint access easement to the property.
Chair Owens made a motion to approve with the condition for the requirement to obtain the address on the actual lot. Commissioner Haines seconded the motion.
Commissioner Happel asked if the sidewalk setback should be 30-foot minimum set-back instead of 20-foot since it is OI. Mr. Laird stated 20 feet is correct.
Alderman Alexander noted that there is a 50’r-o-w, from centerline and asked when the state talked about widening, didn’t they talk about a 110’ requirement for the road. He asked wouldn’t that be needed?
Alderman Dugger, of 2260 Rolling Hills Drive, stated that he thought that is in our major thoroughfare plan also. He asked Mr. Laird if the site plan would require a landscape buffer and we will need to increase that. He told Alderman Alexander that the town should get a right of way reservation; half of whatever that distance is from the center line. Alderman Alexander stated if they are willing to do this, then we can approve it with this condition.
Tim Turner, with T-Square Engineering; we have the room, we have the landscape buffering and we will be willing to do that. Alderman Alexander asked if they would be willing to provide a dedication of 5 feet, and Mr. Turner agreed to do that.
Mr. Notestine asked if it was correct that Nolensville Road says State Route? Commissioner Wilson said that the 31/41 is a federal highway. It is also State Route 11 and that will remain with it forever.
Alderman Alexander made a motion to amend the map to include a 5’ right of way dedication. Mayor Lothers seconded the motion, and it passed unanimously. This was approved unanimously as amended.
Site Plan Reviews:
Dr. Harr’s Office Complex Nolensville Road
Mr. Laird noted that the architectural review of the Design Review Committee had made some suggestions for design improvements, and these suggestions were considered by the applicant. We had some good suggestions on the lighting, and they have decided to use one of these suggestions. He showed where the minor revisions were requested. They showed what the sign would look like and the revised sign ordinance was just passed last Thursday. They will be following the newest guidelines within this ordinance.
Tim Turner, Dr. Harr and his new associate were in attendance. Tim Turner stated that he just received the comments today, and he has agreed to abide by the storm water comments.
Tim Turner with T-Square Engineering stated we just received the comments at 2:00 this afternoon and agreed to abide. Mayor Lothers asked if there was a breakdown. Mr. Laird stated yes, there was a breakdown. Tom Allen stated that Tim Turner agreed to respond to the comments and he will monitor this.
Mayor Lothers made a motion to approve, contingent on the memo dated October 2, 2007, from Tom Allen that all storm water issues are resolved to Mr. Allen’s recommendations. Chair Owens seconded.
Commissioner Happel asked if there were any updates on the elevations of the proposed building. Mr. Turner stated we are taking all of your recommendations into consideration. Chair Owens referred to the memo from T Square Engineering and stated he did not see 50 and 100 design storms. Mr. Allen stated that this is the original submittal and he had not seen the revised figures that will be some of the response.
Commissioner Happel made a motion to amend the submittal for new elevation drawings of the building, and Chairman Owens seconded the motion. This amendment was approved unanimously.
Mayor Lothers asked Mr. Laird if we are looking for the design of the suggestions from the roof and they are looking at re-designs. She asked if we normally look at these at this point. Mr. Laird stated yes.
Dr. Harr stated when we spoke that it was not my idea that you wanted to see this tonight. Mr. Laird stated that was correct. Commissioner Happel stated it could be seen at a later date.
Mayor Lothers asked if the commission really needed this in a form of an amendment/condition. Commission Happel stated if this is their official submittal we need to do so. Mr. Laird stated if you do not, they will go by this elevation plan.
The vote was taken on the original motion and this was approved unanimously.
Mayor Lothers thanked the Dr Harr for staying in Nolensville and expanding his practice.
Governor’s Commons Office/Warehouse Development in Haley industrial Park
Mr. Laird stated that this development was an office complex in Haley Industrial Park. It is zoned OI, and the submittal is complete. The main concern is the storm water and the detention in the industrial park. Mr. Allen has looked at this project and worked with Haley’s engineers Dale and Associates.
Mr. Joe Petrosky, project engineer, showed the commission a drawing of the facility. Mr. Laird stated they may need to make a request to the Board of Zoning Appeals in regards to the required landscape strip.
Chairman Owens stated in reading the recommendations (he read). He said he felt we would look at a revision versus a variance.
Mr. Petrosky stated we have brought up an alternative rather than the landscape strip. We would like to be granted our grading permit before finalizing the landscape strip. Chairman Owens asked if it was their intent to ask for the variance, and Mr. Petrosky stated yes.
Mr. Laird stated that in the CCO they have a different requirement – not just a steady 5’ strip. Technically, it is a requirement that should be met or a variance request be made. Chairman Owens asked if the requirements had changed, and Mr. Laird stated that is correct. Chairman Owens stated a couple of things have been discussed and asked are there outstanding items?
It was noted that the storm water is in good shape in the industrial park. Mr. Allen approved the plans that Dale and Associates prepared. Landscaping has an issue and everything else appears to be in good shape.
Governor’s Commons Office/Warehouse Development in Haley industrial Park – Cont’d
Alderman Alexander asked if the outstanding issues were the landscape issue. Mr. Petrosky stated we are quite willing to soften this up to place benches or go before the Board of Zoning Appeals. He noted that the reason this arose is due to a client who had built one of these buildings that are currently out there. He suggested that this be included.
Chair Owens stated it was his understanding that 5’ is now a present requirement, but not before. Mr. Laird stated he thought it was there, but it was missed.
Mayor Lothers stated that the ordinance proposed would have given the Planning Commission more flexibility in the zoning, although it did not pass at the Board of Mayor and Aldermen level. She noted that the board was not comfortable to give this authority to the Planning Commission.
Mr. Notestine stated you can give approval with the condition that this is approved by the Board of Zoning Appeals, or a revision to the landscape plan.
Alderman Alexander made a motion to approve if approval is obtained from the Board of Zoning Appeals, or if denied by the Board of Zoning Appeals, revise this plan for the 5’ landscape strip. This was seconded by Commissioner Wilson.
Chairman Owens asked for the criteria for granting a variance through the Board of Zoning Appeals. Mr. Notestine said that the ordinance sets out the guidelines to grant a variance. Commissioner Haines noted that it can be found in Section 9.2. of the Zoning Ordinance.
Commissioner Happel amended the motion to allow the grading permit, but to not allow a building permit until the detention is completed. Mayor Lothers seconded the motion.
It was asked if this would be a problem, and Mr. Petrosky stated that it would not.
Chairman Owens asked Mr. Notestine in regards to setting a precedent. Mr. Notestine stated a lot of people discussed this and with the Board of Zoning Appeals, there are very specific problems that are presented and they hear each case individually. If there is a common problem that occurs time and time again, then that may set a precedent. He noted as the town is doing, you review your ordinance. The vote was taken on the amendment and this passed unanimously. The motion as amended was approved unanimously.
Commissioner Alexander asked if you get relief from the landscape, would you still do the planting. Mr. Petrosky stated they would.
Pavement Cross-Sections
There was a recommendation from the Town Engineer to amend the pavement cross sections of local and collector streets. Mr. Swartz noted this was an undertaking of the previous engineer. What we have found is that construction traffic is very wearing on the roads, and we are having trouble with binding holding up. We currently have a 2” binder and 1.5” topping. In speaking to the City of Brentwood, they stated they use a 3” binder and 2” topping. The maintenance bonds are for one year. The cost would be placed upon the developer.
Chairman Owens asked if Brentwood was satisfied. Mr. Swartz stated in speaking with Assistant City Manager Kirk Bednar, and the Brentwood Public Works Director, we were all in agreement. Commissioner Happel made a motion to approve, and Commission Riddle seconded.
Alderman Dugger asked when this would take effect. Mr. Swartz stated that those that have plans approved under old specifications will abide by those. However, any new sections or developments would use the new specifications.
Commissioner Happel changed his motion to a recommendation, and Commissioner Riddle seconded to change to a recommendation. This recommendation was approved unanimously.
Old Business:
The Jones Company, Lot # 2307, had a variance request in regards to street detail within the Subdivision Regulations. There was discussion of critical lots issues.
Mr. Jimmy Reese, 3385 Redmon Hill, noted his daughter lives at 4713 Jobe Trail. He stated that their driveway has a 37% slope, and his driveway has the same problem. If this is approved, he stated he hoped that theirs can be reviewed.
Mr. Laird stated that Jones Company has asked for a deferral and they are making every effort to comply with the town’s request. Mr. Swartz noted that Commissioner Alexander performed an audit of the Bent Creek critical lots. He noted that a letter was sent by the town. This letter was responded by the developer stating that they did not consider any critical lots. Mr. Swartz sent a letter back to them. It was noted that the Jones Company’s intention is to comply with the Town’s requirements.
Chairman Owens asked if the commission could expect them to come before next month’s meeting. Mr. Laird stated that he felt they will do that, or withdraw.
Mayor Lothers noted that she wanted to clarify that the Planning Commission met on the 11th and on the 12th she met with staff. She further noted that the town does not have a large staff, although the town is fortunate to have Alderman Alexander who performed this type of work in Metro. She noted that he had taken his time to go through each of these and designated the critical lots. She stated that we do not anticipate these issues with other developments.
Alderman Alexander stated once we get into larger size lots, he did not think there would be a problem like in the past with Bent Creek.
Chairman Owens stated we have made revisions to prevent this from happening in the future.
Mr. Laird stated Stantec was looking at the entire lot from front to back and our ordinance states that it is from the grade. He further noted that it is the interpretation. Alderman Alexander stated it is our contention that critical lots should be noted on the final preliminary plat approval.
Mr. Charles Lawson stated that in the last five (5) years he had worked for a contractor, and they had a similar situation. The car bumper would drag, and they finally realized the house should have been built further back on the lot. The final outcome was that they widened it so that the homeowner could go up at an angle, and they raised the sidewalk and built a retaining wall.
Alderman Dugger stated that the burden is upon the builder to identify these critical lots. If we stopped giving Certificates of Occupancy, then the builder will stop doing this.
Mr. Swartz stated the Zoning Ordinance states that a lot will be critical under certain conditions. He noted that the subdivision regulations say 10% and will be designated at final plat. He noted that one of the town’s difficulties is that we do not have surveying equipment. He agreed with Alderman Dugger’s suggestion that Certificates of Occupancy be withheld.
Chair Owens made a motion to defer, and Commissioner Willis seconded. This was approved unanimously.
Report from last Board of Mayor and Aldermen meeting, Town Planner or Mayor
Mayor Lothers reported on ordinance 07-19, that was recommended by the Planning Commission, noting that it had passed. She noted that ordinance 07-20 was deferred for more information about the floodplain. She stated that second reading passed in regards to the Village, in addition to the sign ordinance, ordinance 07-13, and permitted structures passing.
Mayor Lothers noted that a resolution was passed to have a Board of Appeals for International Building Codes.
Commissioner Haines asked a question in regards to the slope driveways. He inquired as to after a developer stakes out the lots what happens at that point. Mr. Swartz stated the surveyor performs his duties. Commissioner Haines asked if the surveyor could shoot a line at time. Mr. Swartz stated yes but he would not know what type of home that was being built on that lot.
Mr. Swartz stated he thought they were discussing the same thing. In a situation like Bent Creek, the existing ground did not present a problem. He stated that once they cut a road, the slope issue came up. He noted when a surveyor lays it out he will not know what home is being built.
Training Report, Town Planner
Mr. Laird stated that the commissioners were requested to submit their class hours. It appears that three or four commissioners are lacking training hours. He noted on October 16th, at MTSU, there is a seminar that would get most everybody caught up. He emphasized that Town Hall needs to know by tomorrow if any members plan to attend.
Commissioners Debbie Riddle, Willis Wells, Frank Wilson, Bob Haines and Rick Owens stated they would attend. Chair Owens noted that he already had his hours, but asked the beginning and ending date of the training year. Mr. Laird stated it does not state the time frame, but it must be within a twelve month period. Commissioner Wilson said stated it was January through December.
Other Business
Mr. Laird noted that 5.3.2 in the Zoning Ordinance is regarding the floodplain insurance. Mayor Lothers stated there was a typographical error and this must be corrected prior to the Town being allowed to participate in the flood insurance program.
Commissioner Haines made a motion to correct the typographical error, and Commissioner Wilson seconded. This was unanimously approved
Monthly Bond Report
Ballenger Farms, Phase One, requested release from the maintenance bond, a $95,400 reduction.
Mr. Swartz stated he concurred with this decision.
Phase One, Section One, Bent Creek $50,469.40 request a release from their maintenance bond.
Mr. Laird noted that there was an error on page two. He stated that this has been reduced to $45,000, and the second line should be deleted.
Chair Owens noted that the Sunset Park expiration was for the 11th of last month. Mr. Laird stated that this was from the county, and they have not provided this to the town.
Commissioner Wilson made a motion to approve the recommendation by staff, Chair Owens seconded the motion. This was approved unanimously.
IX. Adjournment
The meeting adjourned at 8:50 p.m.
Respectfully submitted, Approved,
Cindy Lancaster Matt Happel
Town Recorder Planning Commission Secretary
Regular Meeting
Nolensville Elementary School
October 9, 2007, 7:00 p.m.
Members in attendance were Chair Rick Owens, Members Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Debbie Riddle, Willis Wells and Frank Wilson. Aldermen Dugger was in attendance also.
Staff present was Town Attorney Bob Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, Tom Allen and Town Recorder Cindy Lancaster.
I. Call Meeting to Order
The meeting was called to order at 7:04 p.m. by Chair Rick Owens.
II. Pledge of Allegiance
The Pledge of Allegiance was led by Willis Wells.
III. Approval of Minutes
Commissioner Wells made a motion to approve minutes from September 11, 2007, and Commissioner Riddle seconded the motion.
Mayor Lothers made a motion to amend the minutes of the following section of the September minutes:
“Mayor Lothers made a motion to amend with approval for lot 2308 and defer lot 2307 with the condition that the builder perform an internal audit on the critical lots within the development by the next planning commission meeting.”
She stated that it should read, “conditional on the internal audit on the critical lots and more information provided to the Planning Commission regarding on how they would handle the other lot.” She noted that she felt she should clarify this and make sure that it is a part of the record. She stated that she did not believe the motion was strictly conditional on the audit but also on providing more information on the second lot, 2307. She further stated that this is very important whenever something is based on approval of a condition, noting it has to be completely accurate with this being the town’s written record. Chair Owens seconded. The amendment was approved unanimously. The minutes were approved unanimously as amended.
IV. Announcements
Chair Owens said to rely heavily on staff to give their benefit of their expertise. He noted everyone, Henry Laird, Don Swartz, Mayor Lothers, Tom Allen, Matt Happel, Bob Haines and everyone. Mayor Lothers noted that the County Planning Commission meets once a month and the town is trying to have representation at each of these meetings.
V. Citizen Comments
There were no citizen comments.
VI. New Business
Subdivision Review:
Brittain Downs Final Plat Phase 1
Mr. Laird noted that this is the final plat for Phase 1 Brittain Downs P.U.D. This phase is for 42 lots. The submittal is complete and they did a good job on submitting. He recommends approval with condition of posting performance bond for remaining infrastructure work.
Mike Anderson of Anderson Delk Engineering stated the bond has not been posted, although it will be once this commission has approved this. Commissioner Haines noted that he did not see sprinklers on the plans. Mr. Anderson said he could add this. He also asked about the facade setback for front loaded garages and asked for Mr. Anderson’s understanding. Mr. Fred Yazdian, builder for Brittain Downs, stated that the garage will be three (3) feet behind the front façade. Commissioner Haines said that in the past, there has been some confusion and use of the front porch as the front façade. .
Commission Haines made a motion to show the sprinkler system on the notes section of the final plat.
The total bond amount has been set and we rely on the engineering firm to set this $170,000. Mr. Anderson stated that this was set on September 26th and the curbs and some sidewalks had not been installed. About $90,000 has already been completed and we would like for you to consider that. The estimate for that is $181,000 and we ask that this be taken into consideration and reduced. Mr. Swartz stated he would recommend that and the town requires a stamped letter from the engineer and once that is sent, I can check that to make sure it has been performed.
Mayor Lothers asked if the sprinkler system should be on there. Mr. Laird stated that it could be put on there.
Chair Owens suggested a conditional approval with posting a performance bond after the required letter of the posting amount from the developer and the sprinkler notation of the general notes on the final plat as well. Mr. Swartz stated he would appreciate that.
There was no second.
Chair Owens made a motion to approve based on the approved amount by staff for the bond and to have the inclusion of the sprinkler requirement in the general notes. Mayor Lothers seconded the motion. The motion passed unanimously.
Final Plat Willis Wells Property (lot for Dr. Harr’s Office Building)
Commissioner Wells stated that he would recuse himself from this agenda item.
Mr. Laird described this proposal. He stated that a condition should be to have Williamson County sign this with the approved address. Although, Williamson County does not normally sign until approved. He stated we had requested in the notes to have north and south joint access easement to the property.
Chair Owens made a motion to approve with the condition for the requirement to obtain the address on the actual lot. Commissioner Haines seconded the motion.
Commissioner Happel asked if the sidewalk setback should be 30-foot minimum set-back instead of 20-foot since it is OI. Mr. Laird stated 20 feet is correct.
Alderman Alexander noted that there is a 50’r-o-w, from centerline and asked when the state talked about widening, didn’t they talk about a 110’ requirement for the road. He asked wouldn’t that be needed?
Alderman Dugger, of 2260 Rolling Hills Drive, stated that he thought that is in our major thoroughfare plan also. He asked Mr. Laird if the site plan would require a landscape buffer and we will need to increase that. He told Alderman Alexander that the town should get a right of way reservation; half of whatever that distance is from the center line. Alderman Alexander stated if they are willing to do this, then we can approve it with this condition.
Tim Turner, with T-Square Engineering; we have the room, we have the landscape buffering and we will be willing to do that. Alderman Alexander asked if they would be willing to provide a dedication of 5 feet, and Mr. Turner agreed to do that.
Mr. Notestine asked if it was correct that Nolensville Road says State Route? Commissioner Wilson said that the 31/41 is a federal highway. It is also State Route 11 and that will remain with it forever.
Alderman Alexander made a motion to amend the map to include a 5’ right of way dedication. Mayor Lothers seconded the motion, and it passed unanimously. This was approved unanimously as amended.
Site Plan Reviews:
Dr. Harr’s Office Complex Nolensville Road
Mr. Laird noted that the architectural review of the Design Review Committee had made some suggestions for design improvements, and these suggestions were considered by the applicant. We had some good suggestions on the lighting, and they have decided to use one of these suggestions. He showed where the minor revisions were requested. They showed what the sign would look like and the revised sign ordinance was just passed last Thursday. They will be following the newest guidelines within this ordinance.
Tim Turner, Dr. Harr and his new associate were in attendance. Tim Turner stated that he just received the comments today, and he has agreed to abide by the storm water comments.
Tim Turner with T-Square Engineering stated we just received the comments at 2:00 this afternoon and agreed to abide. Mayor Lothers asked if there was a breakdown. Mr. Laird stated yes, there was a breakdown. Tom Allen stated that Tim Turner agreed to respond to the comments and he will monitor this.
Mayor Lothers made a motion to approve, contingent on the memo dated October 2, 2007, from Tom Allen that all storm water issues are resolved to Mr. Allen’s recommendations. Chair Owens seconded.
Commissioner Happel asked if there were any updates on the elevations of the proposed building. Mr. Turner stated we are taking all of your recommendations into consideration. Chair Owens referred to the memo from T Square Engineering and stated he did not see 50 and 100 design storms. Mr. Allen stated that this is the original submittal and he had not seen the revised figures that will be some of the response.
Commissioner Happel made a motion to amend the submittal for new elevation drawings of the building, and Chairman Owens seconded the motion. This amendment was approved unanimously.
Mayor Lothers asked Mr. Laird if we are looking for the design of the suggestions from the roof and they are looking at re-designs. She asked if we normally look at these at this point. Mr. Laird stated yes.
Dr. Harr stated when we spoke that it was not my idea that you wanted to see this tonight. Mr. Laird stated that was correct. Commissioner Happel stated it could be seen at a later date.
Mayor Lothers asked if the commission really needed this in a form of an amendment/condition. Commission Happel stated if this is their official submittal we need to do so. Mr. Laird stated if you do not, they will go by this elevation plan.
The vote was taken on the original motion and this was approved unanimously.
Mayor Lothers thanked the Dr Harr for staying in Nolensville and expanding his practice.
Governor’s Commons Office/Warehouse Development in Haley industrial Park
Mr. Laird stated that this development was an office complex in Haley Industrial Park. It is zoned OI, and the submittal is complete. The main concern is the storm water and the detention in the industrial park. Mr. Allen has looked at this project and worked with Haley’s engineers Dale and Associates.
Mr. Joe Petrosky, project engineer, showed the commission a drawing of the facility. Mr. Laird stated they may need to make a request to the Board of Zoning Appeals in regards to the required landscape strip.
Chairman Owens stated in reading the recommendations (he read). He said he felt we would look at a revision versus a variance.
Mr. Petrosky stated we have brought up an alternative rather than the landscape strip. We would like to be granted our grading permit before finalizing the landscape strip. Chairman Owens asked if it was their intent to ask for the variance, and Mr. Petrosky stated yes.
Mr. Laird stated that in the CCO they have a different requirement – not just a steady 5’ strip. Technically, it is a requirement that should be met or a variance request be made. Chairman Owens asked if the requirements had changed, and Mr. Laird stated that is correct. Chairman Owens stated a couple of things have been discussed and asked are there outstanding items?
It was noted that the storm water is in good shape in the industrial park. Mr. Allen approved the plans that Dale and Associates prepared. Landscaping has an issue and everything else appears to be in good shape.
Governor’s Commons Office/Warehouse Development in Haley industrial Park – Cont’d
Alderman Alexander asked if the outstanding issues were the landscape issue. Mr. Petrosky stated we are quite willing to soften this up to place benches or go before the Board of Zoning Appeals. He noted that the reason this arose is due to a client who had built one of these buildings that are currently out there. He suggested that this be included.
Chair Owens stated it was his understanding that 5’ is now a present requirement, but not before. Mr. Laird stated he thought it was there, but it was missed.
Mayor Lothers stated that the ordinance proposed would have given the Planning Commission more flexibility in the zoning, although it did not pass at the Board of Mayor and Aldermen level. She noted that the board was not comfortable to give this authority to the Planning Commission.
Mr. Notestine stated you can give approval with the condition that this is approved by the Board of Zoning Appeals, or a revision to the landscape plan.
Alderman Alexander made a motion to approve if approval is obtained from the Board of Zoning Appeals, or if denied by the Board of Zoning Appeals, revise this plan for the 5’ landscape strip. This was seconded by Commissioner Wilson.
Chairman Owens asked for the criteria for granting a variance through the Board of Zoning Appeals. Mr. Notestine said that the ordinance sets out the guidelines to grant a variance. Commissioner Haines noted that it can be found in Section 9.2. of the Zoning Ordinance.
Commissioner Happel amended the motion to allow the grading permit, but to not allow a building permit until the detention is completed. Mayor Lothers seconded the motion.
It was asked if this would be a problem, and Mr. Petrosky stated that it would not.
Chairman Owens asked Mr. Notestine in regards to setting a precedent. Mr. Notestine stated a lot of people discussed this and with the Board of Zoning Appeals, there are very specific problems that are presented and they hear each case individually. If there is a common problem that occurs time and time again, then that may set a precedent. He noted as the town is doing, you review your ordinance. The vote was taken on the amendment and this passed unanimously. The motion as amended was approved unanimously.
Commissioner Alexander asked if you get relief from the landscape, would you still do the planting. Mr. Petrosky stated they would.
Pavement Cross-Sections
There was a recommendation from the Town Engineer to amend the pavement cross sections of local and collector streets. Mr. Swartz noted this was an undertaking of the previous engineer. What we have found is that construction traffic is very wearing on the roads, and we are having trouble with binding holding up. We currently have a 2” binder and 1.5” topping. In speaking to the City of Brentwood, they stated they use a 3” binder and 2” topping. The maintenance bonds are for one year. The cost would be placed upon the developer.
Chairman Owens asked if Brentwood was satisfied. Mr. Swartz stated in speaking with Assistant City Manager Kirk Bednar, and the Brentwood Public Works Director, we were all in agreement. Commissioner Happel made a motion to approve, and Commission Riddle seconded.
Alderman Dugger asked when this would take effect. Mr. Swartz stated that those that have plans approved under old specifications will abide by those. However, any new sections or developments would use the new specifications.
Commissioner Happel changed his motion to a recommendation, and Commissioner Riddle seconded to change to a recommendation. This recommendation was approved unanimously.
Old Business:
The Jones Company, Lot # 2307, had a variance request in regards to street detail within the Subdivision Regulations. There was discussion of critical lots issues.
Mr. Jimmy Reese, 3385 Redmon Hill, noted his daughter lives at 4713 Jobe Trail. He stated that their driveway has a 37% slope, and his driveway has the same problem. If this is approved, he stated he hoped that theirs can be reviewed.
Mr. Laird stated that Jones Company has asked for a deferral and they are making every effort to comply with the town’s request. Mr. Swartz noted that Commissioner Alexander performed an audit of the Bent Creek critical lots. He noted that a letter was sent by the town. This letter was responded by the developer stating that they did not consider any critical lots. Mr. Swartz sent a letter back to them. It was noted that the Jones Company’s intention is to comply with the Town’s requirements.
Chairman Owens asked if the commission could expect them to come before next month’s meeting. Mr. Laird stated that he felt they will do that, or withdraw.
Mayor Lothers noted that she wanted to clarify that the Planning Commission met on the 11th and on the 12th she met with staff. She further noted that the town does not have a large staff, although the town is fortunate to have Alderman Alexander who performed this type of work in Metro. She noted that he had taken his time to go through each of these and designated the critical lots. She stated that we do not anticipate these issues with other developments.
Alderman Alexander stated once we get into larger size lots, he did not think there would be a problem like in the past with Bent Creek.
Chairman Owens stated we have made revisions to prevent this from happening in the future.
Mr. Laird stated Stantec was looking at the entire lot from front to back and our ordinance states that it is from the grade. He further noted that it is the interpretation. Alderman Alexander stated it is our contention that critical lots should be noted on the final preliminary plat approval.
Mr. Charles Lawson stated that in the last five (5) years he had worked for a contractor, and they had a similar situation. The car bumper would drag, and they finally realized the house should have been built further back on the lot. The final outcome was that they widened it so that the homeowner could go up at an angle, and they raised the sidewalk and built a retaining wall.
Alderman Dugger stated that the burden is upon the builder to identify these critical lots. If we stopped giving Certificates of Occupancy, then the builder will stop doing this.
Mr. Swartz stated the Zoning Ordinance states that a lot will be critical under certain conditions. He noted that the subdivision regulations say 10% and will be designated at final plat. He noted that one of the town’s difficulties is that we do not have surveying equipment. He agreed with Alderman Dugger’s suggestion that Certificates of Occupancy be withheld.
Chair Owens made a motion to defer, and Commissioner Willis seconded. This was approved unanimously.
Report from last Board of Mayor and Aldermen meeting, Town Planner or Mayor
Mayor Lothers reported on ordinance 07-19, that was recommended by the Planning Commission, noting that it had passed. She noted that ordinance 07-20 was deferred for more information about the floodplain. She stated that second reading passed in regards to the Village, in addition to the sign ordinance, ordinance 07-13, and permitted structures passing.
Mayor Lothers noted that a resolution was passed to have a Board of Appeals for International Building Codes.
Commissioner Haines asked a question in regards to the slope driveways. He inquired as to after a developer stakes out the lots what happens at that point. Mr. Swartz stated the surveyor performs his duties. Commissioner Haines asked if the surveyor could shoot a line at time. Mr. Swartz stated yes but he would not know what type of home that was being built on that lot.
Mr. Swartz stated he thought they were discussing the same thing. In a situation like Bent Creek, the existing ground did not present a problem. He stated that once they cut a road, the slope issue came up. He noted when a surveyor lays it out he will not know what home is being built.
Training Report, Town Planner
Mr. Laird stated that the commissioners were requested to submit their class hours. It appears that three or four commissioners are lacking training hours. He noted on October 16th, at MTSU, there is a seminar that would get most everybody caught up. He emphasized that Town Hall needs to know by tomorrow if any members plan to attend.
Commissioners Debbie Riddle, Willis Wells, Frank Wilson, Bob Haines and Rick Owens stated they would attend. Chair Owens noted that he already had his hours, but asked the beginning and ending date of the training year. Mr. Laird stated it does not state the time frame, but it must be within a twelve month period. Commissioner Wilson said stated it was January through December.
Other Business
Mr. Laird noted that 5.3.2 in the Zoning Ordinance is regarding the floodplain insurance. Mayor Lothers stated there was a typographical error and this must be corrected prior to the Town being allowed to participate in the flood insurance program.
Commissioner Haines made a motion to correct the typographical error, and Commissioner Wilson seconded. This was unanimously approved
Monthly Bond Report
Ballenger Farms, Phase One, requested release from the maintenance bond, a $95,400 reduction.
Mr. Swartz stated he concurred with this decision.
Phase One, Section One, Bent Creek $50,469.40 request a release from their maintenance bond.
Mr. Laird noted that there was an error on page two. He stated that this has been reduced to $45,000, and the second line should be deleted.
Chair Owens noted that the Sunset Park expiration was for the 11th of last month. Mr. Laird stated that this was from the county, and they have not provided this to the town.
Commissioner Wilson made a motion to approve the recommendation by staff, Chair Owens seconded the motion. This was approved unanimously.
IX. Adjournment
The meeting adjourned at 8:50 p.m.
Respectfully submitted, Approved,
Cindy Lancaster Matt Happel
Town Recorder Planning Commission Secretary
Nolensville Planning Commission
Regular Meeting
Nolensville Elementary School
September 11, 2007, 7:00 p.m.
Members in attendance were Chair Rick Owens, Members Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Debbie Riddle, Willis Wells, and Frank Wilson. Staff present was Attorney Bob Notestine, Town Planner Henry Laird, and Town Recorder Cindy Lancaster.
I. Call Meeting to Order
The meeting was called to order at 7:00 p. m. by Chair Rick Owens.
II. Pledge of Allegiance
The Pledge of Allegiance was led by Andy Grosson. Mr. Willis Wells led the group in prayer.
III. Approval of Minutes
Commissioner Wilson made a motion to approve the minutes, Commissioner Riddle seconded the motion. The minutes were approved unanimously.
IV. Announcements
Mayor Lothers noted that there have been a couple of questions in regards to the steel that has been used on the realignment of Rocky Fork Road. She stated that this is for rebar that is being used and is a total cost of about $350.00. She noted that this has gotten blown out of proportion and she wanted to clarify this cost.
Chair Owens noted that he was glad to have the Mayor back noting she was recently in the hospital.
Chair Owens announced that if a citizen has a comment to please step to the podium and give their name and affiliation if attending the meeting on a certain project. He noted that if a citizen is commenting to please give their name and address. He further noted that there would be time allowed to speak before each item on the agenda.
V. Citizen Comments
Mr. Charles Lawson, 2531 York Road, stated that he was in attendance and speaking on behalf of Ms. Paulette Sullivan. He noted that she resides across from the newly constructed Electronics Express on Nolensville Road. She ask that Don Swartz review these plans to make sure this is being handled properly.
Mayor Lothers stated that she had spoken to Don and he is aware of this issue. She added that there is a meeting scheduled with her and Don tomorrow.
VI. New Business
Subdivision Review:
Catalina Amenities Center Site Plan
Mr. Nicky Wells with Turnberry Homes a builder for Catalina Subdivision and Mr. Marty McKee, Architect of this development was in attendance and spoke on behalf of this site plan. Mr. Wells noted that they were in attendance if this Commission had questions. Mr. Wells gave an overview of the previous actions that this Commission had taken noting on July 10th approval was given for this project.
Planner Laird stated that staff has reviewed this, in addition to Tom Allen who performs the Town’s drainage review. They have complied with everything staff has requested. Mr. Laird noted that a map was available that indicates the elevations. He further noted that Matt Happel had found an error in regards to lighting. He stated that this should be dark sky compliant. Commissioner Happel stated that there is one letter that needs to be changed in the model number.
Chair Owens stated that he was reviewing the parking lot requirements and it does not address private entities, although it does address public and institutional. Mr. Laird agreed that it does not address a clubhouse or pool, although Williamson County’s criteria are one space per every fifteen homes. He stated that this Commission could make that request, although what they have proposed is reasonable. Chair Owens suggested that Williamson County’s might need to be incorporated into the Town’s criteria. Mr. Laird stated that it would be hard to cover every parking situation, although it will be the Commissions wishes. Commissioner Happel made a motion to approve this site plan, Commissioner Haines seconded.
Commissioner Alexander stated that he observed the trees and landscaping in the public right of way. He further inquired who would be responsible for the upkeep of this property. Mr. Nicky Wells stated that it would be the responsibility of the Homeowners Association. Commissioner Alexander asked if this is a recorded document. It was noted that this is not recorded. Counsel Notestine stated that if it is in the right of way it needs to be reviewed. He stated that he had reviewed the covenants and it states that the open space area will be maintained by the Homeowners Association.
Commissioner Haines made a motion to amend by approving this plan with the conditions of the inclusion of the dark sky correct serial/model number and maintenance requirements to the common area at the entrance and in the right of way to be maintained by the Homeowners Association, Commissioner Riddle seconded. This amendment passed unanimously. The vote was taken for passage as amended, this was unanimously passed.
Sunset Park Subdivision Amenities Center Site Plan
Mr. Bob Haemmerlein, with Tennessee Valley Homes, for Sunset Park introduced himself and stated that research has been performed in regards to parking area and Williamson County’s requirements have been followed. He further stated that a small pool with a restroom area is being proposed. He noted that this area would be utilized mainly in the summer months.
Commissioner Wilson stated that the plan indicated that it is enclosed. He asked if it would be locked at night. Mr. Haemmerlein stated that it would be locked. Commissioner Wilson referred to staff’s notes that stated there was a drainage issue. Planner Laird stated that was corrected and they have complied with staff’s recommendation.
Chair Owens asked for a comparison of this pool to the Greystone pool. He noted that this pool is used frequently. Mr. Haemmerlein stated that this is patterned after the Pope Place in Franklin. He stated that typically there are only three cars in the parking area, although the pool is full. He added that it is not on the plan, although there will be a bike rack. Mr. Haemmerlein stated that they are trying to encourage people to be less dependent upon automobiles. He noted that due to the size of the lots and the price of the homes typically 20% of the homes have their own pool. He stated that if it is determined there is not adequate parking, more parking can be added. He showed the Commission the area that he was referring. He further stated that this area was reserved for a walking trail, although it could be altered to add parking. Commissioner Wilson stated that he commended the walkway going to the pool.
Commissioner Happel commented on the fencing noting that it is contradicting. He noted that one area says 4’ and the other area says 4’6”. Mr. Haemmerlein said that it should be four foot six inches. Mayor Lothers made a motion to approve this site plan, Commissioner Riddle seconded. This plan passed unanimously.
VII. Subdivision Review:
A variance request on street and sidewalk detail was being made by Jones Company for lots 2307 and 2308, a revised plat for Bent Creek Phase II, Section 3. Mr. Eric McNeely with Developer Cates and Kottas and Mr. Perry Pratt with Jones Company were making this request.
Planner Laird noted that a request had been made to relocate the sidewalk and move it closer to the street. He stated that this is a request from the town’s subdivision standards because a home was built on too steep of a lot. Mr. Laird noted that this would be a revision to the plat and staff feels that this problem should have been avoided and does not recommend that it be approved.
Commissioner Alexander asked if the town requires a driveway plan. Mr. Laird stated that this should have been included in the critical lot areas. Commissioner Alexander asked what was the slope requirement. Mr. Laird stated 15%. Commissioner Alexander commented that percentage was pretty generous and noted that lot 2308 has a home built on it, although the other lot is vacant.
Chair Owens asked if there was anything else that could be done and how could this be avoided in the future. Commissioner Wells inquired to why this was not caught before hand?
Mr. Pratt stated that if this lot had been designated as a critical lot a different approach could have been taken. He noted that there is a drainage swell, in addition to trees in the rear and the house pad could not go any lower. Therefore the result was the steeper drive.
Mr. McNeely stated that there is a recorded document and no lots were designated as critical lots. Mayor Lothers asked if this is not passed what would you do. Mr. Pratt stated that they would do nothing. He noted that they were trying to do this for the homeowner.
Commissioner Riddle stated that this appears you are trying to improve this situation for a homeowner that has already purchased this home. Mr. Pratt stated that is correct, in addition to the adjacent lot.
Alderman Tommy Dugger, 2260 Rolling Hills Drive, asked the Commission if this is a variance why isn’t it before the BZA? Chair Owens stated it is because this is a variance request from the Subdivision Regulations. Commissioner Wilson stated that he viewed this and the drive is going straight up. He stated that he felt someone failed for not discovering this through the town and Jones failed by building the wrong home on the lot. He stated that he felt the builder was at fault and the Town was at fault. He further stated that this was not the first time Jones had not done something properly. Mr. Laird stated that the Subdivision Regulations clearly states it is the applicant’s responsibility to abide by that document. He further stated that the town will certainly look at it closer from now on, but it is the applicant’s responsibility.
Mayor Lothers addressed Mr. Pratt noting that the house was built on lot 2308, although the other lot that the home is not built, what could you do. She stated that she was not comfortable allowing a variance on both. She suggested that maybe these can be treated separately. Mr. Pratt stated that on lot 2307 the building pad would have to be lowered to get elevation between the garage and street lower. Commissioner Alexander asked if that would require a retaining wall. Mr. Pratt stated that there is a possibility a wall would have to be built. Commissioner Alexander stated that he would rather grant the variance for both.
Commissioner Happel asked if there was a way to control the swell behind the home. Mr. McNeely stated that he did not feel the infrastructure should be changed. Commissioner Happel stated that he agreed with Commissioner Alexander.
Commissioner Grosson asked where the mailbox would be located. Mr. Pratt said that he felt it would have to be moved outside the sidewalk and change the taper.
Mayor Lothers made a motion to approve the variance for lot 2308 and defer lot 2307, Commissioner Owens seconded. Commissioner Wilson stated that he felt if one variance is given, both should be approved. Mayor Lothers stated that she would like to be respectful of the homeowner, but allow the builder to come back with a possible alternative for the vacant lot.
Commissioner Wells stated that he agreed with Commissioner Wilson, but he would go along with granting the variance for the home already built. Commissioner Haines stated that he would rather see the two lots lumped together. He said that he feels this will place the responsibility on the homebuilder. He noted that he felt the Town would be better served that the builder comes back with a plan for both lots.
Mayor Lothers asked if it helps at all if one lot is resolved tonight. Mr. Pratt stated that it would allow them to move forward to improve the situation for the homeowner. He stated that the resolution of one lot would have a benefit.
Chair Owens noted that Mr. Laird is correct that it is incumbent upon the applicant to make sure they abide by the code. He asked if there is something the town can do in the future to make sure that the applicant has met all the criteria. Planner Laird stated that it could be looked at closer by the Town, but they are required to designate these lots. He noted that he realizes that we are trying to resolve this for the homeowner, but they have done this before and continue to do this. Mr. Laird stated that the town can review these plans closer, but will need help from the Engineer. Counsel Notestine reiterated that cities require these designations. Commissioner Alexander stated that is what he is accustomed to also. He noted that the lot has an asterisk and a description is placed with the critical lot. He noted that the difference is Nolensville does not have the staff that can review these documents.
Mr. McNeely stated that he was unsure, but it could have been at the threshold, and will look at this in the future.
Chair Owens said that everyone needs to be very diligent in the review. He asked if there was a procedure that could be initiated or should one be established. Counsel Notestine stated that a hard stand could be taken and not issue any building permits until the lots are identified.
Mr. McNeely said that on final plats the asterisks could be placed on the critical lots. Counsel Notestine stated that he wasn’t trying to cause Mr. McNeely extra work, but with the grading data this can be noted.
Mr. Laird stated that he felt it was already in the final PUD requirements, although he would need to review to find the correct location.
Mayor Lothers stated that it might be in the town’s best interest to allow this conditionally. She stated that the condition could be that Mr. McNeely performs his own inventory audit. She stated that she did not feel that would be too much to ask. Mayor Lothers noted that if there are other slopes that are 15% we would be running into this once again. Mr. McNeely stated that he would have to get with his attorney.
Mayor Lothers made a motion to amend with approval for lot 2308 and defer lot 2307 with the condition that the builder perform an internal audit on the critical lots within the development by the next planning commission meeting. Commissioner Wells seconded. The vote was taken on the amendment with this passing by majority, Commissioner Wilson voted nay. The vote was then taken on original motion with this passing by majority, Commissioners Haines and Wilson voted against.
VIII. Zoning Amendment Proposals:
This is a request to rezone property located at 7154 Nolensville Road, Camron Property, from SR to CS/CCO. Mr. Jackie Bennett, 2876 Thompson Station Road, with Kellen-Williams Real Estate was in attendance to answer the Commissions questions.
Planner Laird stated that this request is for approximately 11 acres presently zoned SR and is requesting to rezone to CS/CCO. He noted that this would be compatible with the other properties in addition to the Land Use Plan.
Chair Owens made a motion to approve, Commissioner Riddle seconded, and this passed unanimously.
This is a request to rezone property located at the corner of Nolensville and Sunset Road, Parcel 35, Map 56, located at NW Corner of Nolensville Road and Sunset Road; Mr. Ken Kelley is the current property owner with a request to rezone from ER to CS/CCO. Mr. Doug Cutler, the purchaser and developer of this property was in attendance to answer questions from the Commission.
Planner Laird stated that this is approximately 15 acres at the corner of Sunset and Nolensville Road. He stated that it is compatible with the Land Use Plan. He noted that studies have been performed by the developer in regards to flood plain at this location.
Chair Owens made a motion to approve, Commissioner Happel seconded, and this rezoning request passed unanimously.
VIIII. Old business:
Mr. Laird reported from the last Board of Mayor and Aldermen meeting. He noted the following:
Chair Owens ask that Alderman Dugger comment. Alderman Dugger noted there was some discussion on sending the ordinance in regards to the square footage in the Historic District back to the Planning Commission. He noted he was against that due to it already being before this Commission.
X. Other Business
Monthly Bond report
Planner Laird noted that everything was up to date in regards to the bonds. He further noted that Ballenger Farms would be due at the end of October. The Town has contacted them in regards to this issue.
Chair Owens made a motion to approve the bond report, Commissioner Riddle seconded, and this passed unanimously.
IX. Adjournment
The meeting adjourned at 8:22 p. m.
Respectfully submitted, Approved,
Cindy Lancaster Matt Happel
Town Recorder Planning Commission Secretary
Regular Meeting
Nolensville Elementary School
September 11, 2007, 7:00 p.m.
Members in attendance were Chair Rick Owens, Members Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Debbie Riddle, Willis Wells, and Frank Wilson. Staff present was Attorney Bob Notestine, Town Planner Henry Laird, and Town Recorder Cindy Lancaster.
I. Call Meeting to Order
The meeting was called to order at 7:00 p. m. by Chair Rick Owens.
II. Pledge of Allegiance
The Pledge of Allegiance was led by Andy Grosson. Mr. Willis Wells led the group in prayer.
III. Approval of Minutes
Commissioner Wilson made a motion to approve the minutes, Commissioner Riddle seconded the motion. The minutes were approved unanimously.
IV. Announcements
Mayor Lothers noted that there have been a couple of questions in regards to the steel that has been used on the realignment of Rocky Fork Road. She stated that this is for rebar that is being used and is a total cost of about $350.00. She noted that this has gotten blown out of proportion and she wanted to clarify this cost.
Chair Owens noted that he was glad to have the Mayor back noting she was recently in the hospital.
Chair Owens announced that if a citizen has a comment to please step to the podium and give their name and affiliation if attending the meeting on a certain project. He noted that if a citizen is commenting to please give their name and address. He further noted that there would be time allowed to speak before each item on the agenda.
V. Citizen Comments
Mr. Charles Lawson, 2531 York Road, stated that he was in attendance and speaking on behalf of Ms. Paulette Sullivan. He noted that she resides across from the newly constructed Electronics Express on Nolensville Road. She ask that Don Swartz review these plans to make sure this is being handled properly.
Mayor Lothers stated that she had spoken to Don and he is aware of this issue. She added that there is a meeting scheduled with her and Don tomorrow.
VI. New Business
Subdivision Review:
Catalina Amenities Center Site Plan
Mr. Nicky Wells with Turnberry Homes a builder for Catalina Subdivision and Mr. Marty McKee, Architect of this development was in attendance and spoke on behalf of this site plan. Mr. Wells noted that they were in attendance if this Commission had questions. Mr. Wells gave an overview of the previous actions that this Commission had taken noting on July 10th approval was given for this project.
Planner Laird stated that staff has reviewed this, in addition to Tom Allen who performs the Town’s drainage review. They have complied with everything staff has requested. Mr. Laird noted that a map was available that indicates the elevations. He further noted that Matt Happel had found an error in regards to lighting. He stated that this should be dark sky compliant. Commissioner Happel stated that there is one letter that needs to be changed in the model number.
Chair Owens stated that he was reviewing the parking lot requirements and it does not address private entities, although it does address public and institutional. Mr. Laird agreed that it does not address a clubhouse or pool, although Williamson County’s criteria are one space per every fifteen homes. He stated that this Commission could make that request, although what they have proposed is reasonable. Chair Owens suggested that Williamson County’s might need to be incorporated into the Town’s criteria. Mr. Laird stated that it would be hard to cover every parking situation, although it will be the Commissions wishes. Commissioner Happel made a motion to approve this site plan, Commissioner Haines seconded.
Commissioner Alexander stated that he observed the trees and landscaping in the public right of way. He further inquired who would be responsible for the upkeep of this property. Mr. Nicky Wells stated that it would be the responsibility of the Homeowners Association. Commissioner Alexander asked if this is a recorded document. It was noted that this is not recorded. Counsel Notestine stated that if it is in the right of way it needs to be reviewed. He stated that he had reviewed the covenants and it states that the open space area will be maintained by the Homeowners Association.
Commissioner Haines made a motion to amend by approving this plan with the conditions of the inclusion of the dark sky correct serial/model number and maintenance requirements to the common area at the entrance and in the right of way to be maintained by the Homeowners Association, Commissioner Riddle seconded. This amendment passed unanimously. The vote was taken for passage as amended, this was unanimously passed.
Sunset Park Subdivision Amenities Center Site Plan
Mr. Bob Haemmerlein, with Tennessee Valley Homes, for Sunset Park introduced himself and stated that research has been performed in regards to parking area and Williamson County’s requirements have been followed. He further stated that a small pool with a restroom area is being proposed. He noted that this area would be utilized mainly in the summer months.
Commissioner Wilson stated that the plan indicated that it is enclosed. He asked if it would be locked at night. Mr. Haemmerlein stated that it would be locked. Commissioner Wilson referred to staff’s notes that stated there was a drainage issue. Planner Laird stated that was corrected and they have complied with staff’s recommendation.
Chair Owens asked for a comparison of this pool to the Greystone pool. He noted that this pool is used frequently. Mr. Haemmerlein stated that this is patterned after the Pope Place in Franklin. He stated that typically there are only three cars in the parking area, although the pool is full. He added that it is not on the plan, although there will be a bike rack. Mr. Haemmerlein stated that they are trying to encourage people to be less dependent upon automobiles. He noted that due to the size of the lots and the price of the homes typically 20% of the homes have their own pool. He stated that if it is determined there is not adequate parking, more parking can be added. He showed the Commission the area that he was referring. He further stated that this area was reserved for a walking trail, although it could be altered to add parking. Commissioner Wilson stated that he commended the walkway going to the pool.
Commissioner Happel commented on the fencing noting that it is contradicting. He noted that one area says 4’ and the other area says 4’6”. Mr. Haemmerlein said that it should be four foot six inches. Mayor Lothers made a motion to approve this site plan, Commissioner Riddle seconded. This plan passed unanimously.
VII. Subdivision Review:
A variance request on street and sidewalk detail was being made by Jones Company for lots 2307 and 2308, a revised plat for Bent Creek Phase II, Section 3. Mr. Eric McNeely with Developer Cates and Kottas and Mr. Perry Pratt with Jones Company were making this request.
Planner Laird noted that a request had been made to relocate the sidewalk and move it closer to the street. He stated that this is a request from the town’s subdivision standards because a home was built on too steep of a lot. Mr. Laird noted that this would be a revision to the plat and staff feels that this problem should have been avoided and does not recommend that it be approved.
Commissioner Alexander asked if the town requires a driveway plan. Mr. Laird stated that this should have been included in the critical lot areas. Commissioner Alexander asked what was the slope requirement. Mr. Laird stated 15%. Commissioner Alexander commented that percentage was pretty generous and noted that lot 2308 has a home built on it, although the other lot is vacant.
Chair Owens asked if there was anything else that could be done and how could this be avoided in the future. Commissioner Wells inquired to why this was not caught before hand?
Mr. Pratt stated that if this lot had been designated as a critical lot a different approach could have been taken. He noted that there is a drainage swell, in addition to trees in the rear and the house pad could not go any lower. Therefore the result was the steeper drive.
Mr. McNeely stated that there is a recorded document and no lots were designated as critical lots. Mayor Lothers asked if this is not passed what would you do. Mr. Pratt stated that they would do nothing. He noted that they were trying to do this for the homeowner.
Commissioner Riddle stated that this appears you are trying to improve this situation for a homeowner that has already purchased this home. Mr. Pratt stated that is correct, in addition to the adjacent lot.
Alderman Tommy Dugger, 2260 Rolling Hills Drive, asked the Commission if this is a variance why isn’t it before the BZA? Chair Owens stated it is because this is a variance request from the Subdivision Regulations. Commissioner Wilson stated that he viewed this and the drive is going straight up. He stated that he felt someone failed for not discovering this through the town and Jones failed by building the wrong home on the lot. He stated that he felt the builder was at fault and the Town was at fault. He further stated that this was not the first time Jones had not done something properly. Mr. Laird stated that the Subdivision Regulations clearly states it is the applicant’s responsibility to abide by that document. He further stated that the town will certainly look at it closer from now on, but it is the applicant’s responsibility.
Mayor Lothers addressed Mr. Pratt noting that the house was built on lot 2308, although the other lot that the home is not built, what could you do. She stated that she was not comfortable allowing a variance on both. She suggested that maybe these can be treated separately. Mr. Pratt stated that on lot 2307 the building pad would have to be lowered to get elevation between the garage and street lower. Commissioner Alexander asked if that would require a retaining wall. Mr. Pratt stated that there is a possibility a wall would have to be built. Commissioner Alexander stated that he would rather grant the variance for both.
Commissioner Happel asked if there was a way to control the swell behind the home. Mr. McNeely stated that he did not feel the infrastructure should be changed. Commissioner Happel stated that he agreed with Commissioner Alexander.
Commissioner Grosson asked where the mailbox would be located. Mr. Pratt said that he felt it would have to be moved outside the sidewalk and change the taper.
Mayor Lothers made a motion to approve the variance for lot 2308 and defer lot 2307, Commissioner Owens seconded. Commissioner Wilson stated that he felt if one variance is given, both should be approved. Mayor Lothers stated that she would like to be respectful of the homeowner, but allow the builder to come back with a possible alternative for the vacant lot.
Commissioner Wells stated that he agreed with Commissioner Wilson, but he would go along with granting the variance for the home already built. Commissioner Haines stated that he would rather see the two lots lumped together. He said that he feels this will place the responsibility on the homebuilder. He noted that he felt the Town would be better served that the builder comes back with a plan for both lots.
Mayor Lothers asked if it helps at all if one lot is resolved tonight. Mr. Pratt stated that it would allow them to move forward to improve the situation for the homeowner. He stated that the resolution of one lot would have a benefit.
Chair Owens noted that Mr. Laird is correct that it is incumbent upon the applicant to make sure they abide by the code. He asked if there is something the town can do in the future to make sure that the applicant has met all the criteria. Planner Laird stated that it could be looked at closer by the Town, but they are required to designate these lots. He noted that he realizes that we are trying to resolve this for the homeowner, but they have done this before and continue to do this. Mr. Laird stated that the town can review these plans closer, but will need help from the Engineer. Counsel Notestine reiterated that cities require these designations. Commissioner Alexander stated that is what he is accustomed to also. He noted that the lot has an asterisk and a description is placed with the critical lot. He noted that the difference is Nolensville does not have the staff that can review these documents.
Mr. McNeely stated that he was unsure, but it could have been at the threshold, and will look at this in the future.
Chair Owens said that everyone needs to be very diligent in the review. He asked if there was a procedure that could be initiated or should one be established. Counsel Notestine stated that a hard stand could be taken and not issue any building permits until the lots are identified.
Mr. McNeely said that on final plats the asterisks could be placed on the critical lots. Counsel Notestine stated that he wasn’t trying to cause Mr. McNeely extra work, but with the grading data this can be noted.
Mr. Laird stated that he felt it was already in the final PUD requirements, although he would need to review to find the correct location.
Mayor Lothers stated that it might be in the town’s best interest to allow this conditionally. She stated that the condition could be that Mr. McNeely performs his own inventory audit. She stated that she did not feel that would be too much to ask. Mayor Lothers noted that if there are other slopes that are 15% we would be running into this once again. Mr. McNeely stated that he would have to get with his attorney.
Mayor Lothers made a motion to amend with approval for lot 2308 and defer lot 2307 with the condition that the builder perform an internal audit on the critical lots within the development by the next planning commission meeting. Commissioner Wells seconded. The vote was taken on the amendment with this passing by majority, Commissioner Wilson voted nay. The vote was then taken on original motion with this passing by majority, Commissioners Haines and Wilson voted against.
VIII. Zoning Amendment Proposals:
This is a request to rezone property located at 7154 Nolensville Road, Camron Property, from SR to CS/CCO. Mr. Jackie Bennett, 2876 Thompson Station Road, with Kellen-Williams Real Estate was in attendance to answer the Commissions questions.
Planner Laird stated that this request is for approximately 11 acres presently zoned SR and is requesting to rezone to CS/CCO. He noted that this would be compatible with the other properties in addition to the Land Use Plan.
Chair Owens made a motion to approve, Commissioner Riddle seconded, and this passed unanimously.
This is a request to rezone property located at the corner of Nolensville and Sunset Road, Parcel 35, Map 56, located at NW Corner of Nolensville Road and Sunset Road; Mr. Ken Kelley is the current property owner with a request to rezone from ER to CS/CCO. Mr. Doug Cutler, the purchaser and developer of this property was in attendance to answer questions from the Commission.
Planner Laird stated that this is approximately 15 acres at the corner of Sunset and Nolensville Road. He stated that it is compatible with the Land Use Plan. He noted that studies have been performed by the developer in regards to flood plain at this location.
Chair Owens made a motion to approve, Commissioner Happel seconded, and this rezoning request passed unanimously.
VIIII. Old business:
Mr. Laird reported from the last Board of Mayor and Aldermen meeting. He noted the following:
- Public hearing was held on ordinance #07-07
- Second reading on the village lot standards was deferred
- Second reading in regards to structure being permitted within the building envelope was deferred.
- First reading in regards to the Architectural Design for the OI was deferred.
Chair Owens ask that Alderman Dugger comment. Alderman Dugger noted there was some discussion on sending the ordinance in regards to the square footage in the Historic District back to the Planning Commission. He noted he was against that due to it already being before this Commission.
X. Other Business
Monthly Bond report
Planner Laird noted that everything was up to date in regards to the bonds. He further noted that Ballenger Farms would be due at the end of October. The Town has contacted them in regards to this issue.
Chair Owens made a motion to approve the bond report, Commissioner Riddle seconded, and this passed unanimously.
IX. Adjournment
The meeting adjourned at 8:22 p. m.
Respectfully submitted, Approved,
Cindy Lancaster Matt Happel
Town Recorder Planning Commission Secretary
Nolensville Planning Commission
Regular Meeting
Nolensville Elementary School
April 10, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander and Andrew Grosson. Commissioner Bob Haines was absent. Staff present were Robert J. Notestine, Henry Laird and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:10 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from March 13, 2007
Rick Owens moved to approve the minutes. Debbie Riddle seconded the motion. The motion was approved unanimously.
Agenda Item IV-Announcements
There were no announcements.
Agenda Item V-Citizen Comments
Larry Gardner of 2536 York Road, noted the failure of Tant’s to come into compliance with the sign ordinance in regard to the flags on display at their business.
Attorney Notestine recalled that the Planning Commission voted not to do anything with the sign ordinance.
Mayor Lothers stated that it will be looked into and assured Mr. Gardner that official complaints are always responded to and Mr. Gardner’s official complaint will be registered accordingly.
Agenda Item VI-New Business
1. Site Plan Reviews
a. A+ Storage Facility
Lot 51 Johnson Industrial Drive
Tom Allen stated that he requested hydraulic models to demonstrate that the proposed development will not increase flood heights and will meet other regulations. He stated that he had reviewed the model and they do meet the Town’s regulations.
Rick Owens opened the topic for discussion.
Debbie Riddle wanted clarification about whether the two lots 51 and 42 were being looked at separately or together. Henry Laird stated that we were considering them separately.
Matt Happel pointed out that on page C4 a retaining wall shows a 30 inch pipe. The railing on a 7ft retaining wall needs to be a 42 inch railing. Mr. Happel asked if the dumpster enclosure could have a metal or maintenance free gate. Mr. Tommy Pierce stated that they would do a metal gate. Mr. Happel also stated that on C6 of the landscape plan a tree should be added on the north side. He further noted that on the building elevation on the side facing the soccer field the applicant should brick up about every thirty feet to break up the expanse. Mr. Pierce stated that he would bring in a revised drawing Mr. Pierce thanked Henry Laird and Tom Allen for all of the work that has gone into the project.
Rick Owens moved to approve the plan with the conditions that the revisions discussed be submitted to the town in the form of a revised sketch. Matt Happel seconded the motion. There was no further discussion. The motion passed unanimously.
b. A+ Storage Facility Floodplain Use Review
Lot 42 Johnson Industrial Drive
Tom Allen stated that he reviewed the hydraulic submittal for Lot 42 and it does meet the Town’s regulations.
Rick Owens opened the topic for discussion.
Willis Wells asked if the lighting had been revised for the two lots. Henry Laird stated that the lights were revised to be “dark sky compliant.”
Mayor Lothers asked Tom Allen for clarification about how the data is analyzed. Mr. Allen stated that a pre development model is created and a proposed conditions model with the structure in place. The impervious surface created by the proposed structure increases the run off so that detention must be provided so that the post development discharge is equal to the discharge prior to construction. The flow leaving the site after the structure was constructed was no greater than the flows leaving the site before the structure was constructed.
Matt Happel asked how tall the chain link fence was that runs behind the property. Mr. Pierce stated that is was six feet tall. Matt Happel asked if the visible portion of the chain link fence could be painted black. Mr. Pierce agreed. Debbie Riddle asked what the open area would be used for. Mr. Pierce stated that depending on demand it could be an out parcel or it could be used to build more storage.
Rick Owens moved to approve the plan upon the condition that the amendments made and a revised plan is submitted. Matt Happel seconded the motion. There was no further discussion. The motion passed unanimously.
c. Ken Kelley Property, 7149 Nolensville Rd
Site improvements only
Henry Laird stated that the applicant was proposing a parking lot to serve customers both in the front of the building and in the back. Mr. Laird stated that the site was a little small to accommodate the landscape buffer requirements. The applicant is requesting a variance for the landscape buffer from the Board of Zoning Appeals as well as a variance on the parking lot lighting requirements due to the nature of the business and the proximity to residents. Also, a sidewalk is required in the Commercial Corridor Overlay but they are asking for a delay until commercial property is constructed around them so that there will be sidewalk to meet up with theirs.
Kenneth Kelly took the podium.
Jimmy Alexander asked the applicant if he was still amenable to having a shared driveway with the property to the south. Mr. Kelly indicated that he was fine with that plan as long as the legal issues were addressed.
Matt Happel asked if Mr. Kelly were agreeable to maintenance on the painted brick exterior. Mr. Kelly stated that most of the building was going to be his office and he would absolutely maintain the exterior of the building.
Mr. Happel also wanted to know if the applicant was still going to change the roof to black and make the front porch a gable with wrought iron and columns. Mr. Kelly said that he was. Mr. Happel asked about the tight angle on the side of the parking lot. Mr. Kelley stated that they were trying to maintain the landscaping on the side of the building.
Jimmy Alexander stated that the interior of the office looked great.
Matt Happel asked if Mr. Kelley were willing to come before the Planning Commission for the sign approval. Mr. Kelley agreed. Bob Notestine stated that the applicant may need to go before the Board of Zoning Appeals. Henry Laird stated that it might be something that can be handled with a permit issued from Town Hall.
Rick Owens asked if Mr. Kelley would submit a revised plan reflecting the discussed changes. Mr. Kelley agreed.
Matt Happel moved to approve the plan pending submittal of revised plan reflecting the changes discussed. Debbie Riddle seconded the motion. There was no further discussion. The motion passed unanimously.
1. Zoning Amendment Proposals
a. Revisions authorizing the Planning Commission to grant variances relating to landscaping and parking lot lighting.
Henry Laird stated that he was recommending changes to the text of the Zoning Ordinance in the Landscaping Section which is an Appendix and to Article 8.22 Performance Standards for Exterior Lighting as it pertains to Parking Lots.
When someone submits a site plan the Planning Commission oversees all aspects of zoning but only has authority to make adjustments to the number of parking spaces and some flexibility in landscaping. Because of that they have to go to Board of Zoning Appeals and the Planning Commission for the same site plan on items that could be handled by the Planning Commission. Mr. Laird recommended that Appendix B, Landscaping, Item 1.2.2, F should have security added. He also added an item G which would give the Planning Commission the ability to grant a variance. The current ordinance says if you have 10 or more parking spaces you are required to have lighting. Often a variance to the lighting requirement is requested because of the nature of the property including proximity to residences and hours of operation. Mr. Laird further recommended changing Item A to read that all luminaries should be deemed “dark sky compliant.”
Rick Owens clarified that the purpose of the changes are to minimize red tape, streamline the process and make it easier on the applicant. He stated that he would like to make sure that there are adequate safeguards in place and would like to take some time to look at it. Mr. Owens then opened the topic for discussion
Mayor Lothers stated that she thought that the amendment was practical. Alderman Alexander wanted to make sure that the granting of variances would be in conjunction with site plan approval. Frank Wilson stated that he thought that the amendment made sense. Bob Notestine stated that Henry Laird’s method of presenting proposed amendments was the best that he had ever seen.
Matt Happel moved to approve the recommendation. Frank Wilson seconded. There was no further discussion. The motion passed unanimously.
a. Revisions to Village District area and lot standards; adding Floor Area Ratio and Impervious Surface Ratio criteria
Henry Laird stated that the specific area and lot requirements for commercial buildings in the Village need to be cleared up. Mr. Laird reviewed the way the ordinance currently reads and then outlined the proposed changes. Mr. Laird recommended that under Area and Lot Requirements where it reads “Maximum Gross Density” and “Minimum Lot Density” the wording Residential Only should be added. Also, where it says “8,000 square feet” it should say “8,000 square feet per building.” There should also be a Maximum Impervious Surface Ratio for Non Residential Mixed Use set at 0.40 and Floor Area Ratio of 0.35 for Non Residential Mixed Use. Also, a footnote should be added that states that the “Floor Area Ratio would apply to the area of lot which is not restricted by waterway natural area or floodway buffer zone.” Right now what we have states that regardless of how much property you have you are limited to one building at 8,000 square feet on the first floor. Mr. Laird stated that The Town should institute something like this regardless of the actual figures.
Matt Happel asked if any other towns have reduced the 8,000 square feet to 6,000. Mr. Laird stated that he had not seen that. Most towns use Floor Area Ratio. Mr. Laird stated that he only used the 8,000 square foot figure because it was in the zoning ordinance already and he thought that it was there for a reason.
Mayor Lothers stated that she thought that the 8,000 square feet seemed large for the Village. She stated that she was concerned that all applicants would go for the largest building possible.
Larry Gardner of 2536 York Road, asked what size lot the 8,000 square foot first floor area applied to. He also questioned if whether you could have a commercial building on a lot that has been cut and filled. Matt Happel stated that .64 acres was the answer to Mr. Gardner’s initial question. Mr. Gardner had several questions in connection with the McCord property.
Mr. Laird stated that he was proposing this amendment to cover the entire Village district not just the one particular project. Mr. Wilson state that he believed that a specific tract of land could not be cut and filled for the specific reason of subdividing.
Rick Owens asked Tom Allen if he was comfortable with the .40 figure. Mr. Allen stated that as long as the quality and quantity of water leaving the lot is the same before construction as it is after construction then he was comfortable.
Mayor Lothers asked if we needed to clarify what we mean by buildable area. Mr. Allen stated that he thought that Mr. Laird’s note clarified it.
Matt Happel asked how other board members felt about lowering the minimum square footage. Debbie Riddle stated that she would support a reduction.
Mayor Lothers asked Michael Blanks to take the podium and give an example of a building in town with an 8000 square foot first floor. Mr. Blanks stated that there were homes in Ballenger Farms were 5,500 square feet. Mr. Blanks stated that building codes would also limit the size of the buildings. He stated that just because the size of the lot allows them to have an 8000 square foot first floor doesn’t mean that codes will allow it.
Mayor Lothers asked if it were necessary to approve the recommendation tonight.
Matt Happel suggested just getting the Floor Area Ratio approved tonight and just changing the other figure later.
Rick Owens moved to approve the recommended changes to the Area and Lot Requirements for the Village, the Floor Area Ratio for Non Residential Mixed Use, the Residential Only Maximum Gross Density and the Impervious Surface Ratio with the footnotes to be noted on the chart to the Board of Mayor and Aldermen. Willis Wells seconded the motion. The topic was opened for discussion. Mayor Lothers asked for clarification as to whether the Board of Mayor and Aldermen would have the opportunity to look at the numbers and possibly adjust them. Bob Notestine stated that there would be a first public hearing and a second public hearing Board of Mayor and Aldermen can take the recommendation and if there needs to be changes they can get it done.
Agenda Item VII-Old Business
Mayor Lothers asked for clarification as to whether Willis Wells would be attending the upcoming Williamson County Planning Commission meeting. Mr. Wells stated that he would be attending.
Agenda Item VIII-Other Business
2. Set performance bond amount for Bent Creek Phase 5, Sec. 2
Applicant has requested to defer until the May meeting. There were no objections. The request was granted by acclamation.
3. Monthly Bond Report
Mr. Laird reported that there are 5,027,019.40 in performance bonds. Ballenger Farms is due to expire and have been notified via registered mail and have called to ask for information about extension or changing to a maintenance bond. The have until the April 14th to respond.
Debbie Riddle moved to approve the Bond Report. Matt Happel seconded the motion. The motion was approved unanimously.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Regular Meeting
Nolensville Elementary School
April 10, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander and Andrew Grosson. Commissioner Bob Haines was absent. Staff present were Robert J. Notestine, Henry Laird and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:10 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from March 13, 2007
Rick Owens moved to approve the minutes. Debbie Riddle seconded the motion. The motion was approved unanimously.
Agenda Item IV-Announcements
There were no announcements.
Agenda Item V-Citizen Comments
Larry Gardner of 2536 York Road, noted the failure of Tant’s to come into compliance with the sign ordinance in regard to the flags on display at their business.
Attorney Notestine recalled that the Planning Commission voted not to do anything with the sign ordinance.
Mayor Lothers stated that it will be looked into and assured Mr. Gardner that official complaints are always responded to and Mr. Gardner’s official complaint will be registered accordingly.
Agenda Item VI-New Business
1. Site Plan Reviews
a. A+ Storage Facility
Lot 51 Johnson Industrial Drive
Tom Allen stated that he requested hydraulic models to demonstrate that the proposed development will not increase flood heights and will meet other regulations. He stated that he had reviewed the model and they do meet the Town’s regulations.
Rick Owens opened the topic for discussion.
Debbie Riddle wanted clarification about whether the two lots 51 and 42 were being looked at separately or together. Henry Laird stated that we were considering them separately.
Matt Happel pointed out that on page C4 a retaining wall shows a 30 inch pipe. The railing on a 7ft retaining wall needs to be a 42 inch railing. Mr. Happel asked if the dumpster enclosure could have a metal or maintenance free gate. Mr. Tommy Pierce stated that they would do a metal gate. Mr. Happel also stated that on C6 of the landscape plan a tree should be added on the north side. He further noted that on the building elevation on the side facing the soccer field the applicant should brick up about every thirty feet to break up the expanse. Mr. Pierce stated that he would bring in a revised drawing Mr. Pierce thanked Henry Laird and Tom Allen for all of the work that has gone into the project.
Rick Owens moved to approve the plan with the conditions that the revisions discussed be submitted to the town in the form of a revised sketch. Matt Happel seconded the motion. There was no further discussion. The motion passed unanimously.
b. A+ Storage Facility Floodplain Use Review
Lot 42 Johnson Industrial Drive
Tom Allen stated that he reviewed the hydraulic submittal for Lot 42 and it does meet the Town’s regulations.
Rick Owens opened the topic for discussion.
Willis Wells asked if the lighting had been revised for the two lots. Henry Laird stated that the lights were revised to be “dark sky compliant.”
Mayor Lothers asked Tom Allen for clarification about how the data is analyzed. Mr. Allen stated that a pre development model is created and a proposed conditions model with the structure in place. The impervious surface created by the proposed structure increases the run off so that detention must be provided so that the post development discharge is equal to the discharge prior to construction. The flow leaving the site after the structure was constructed was no greater than the flows leaving the site before the structure was constructed.
Matt Happel asked how tall the chain link fence was that runs behind the property. Mr. Pierce stated that is was six feet tall. Matt Happel asked if the visible portion of the chain link fence could be painted black. Mr. Pierce agreed. Debbie Riddle asked what the open area would be used for. Mr. Pierce stated that depending on demand it could be an out parcel or it could be used to build more storage.
Rick Owens moved to approve the plan upon the condition that the amendments made and a revised plan is submitted. Matt Happel seconded the motion. There was no further discussion. The motion passed unanimously.
c. Ken Kelley Property, 7149 Nolensville Rd
Site improvements only
Henry Laird stated that the applicant was proposing a parking lot to serve customers both in the front of the building and in the back. Mr. Laird stated that the site was a little small to accommodate the landscape buffer requirements. The applicant is requesting a variance for the landscape buffer from the Board of Zoning Appeals as well as a variance on the parking lot lighting requirements due to the nature of the business and the proximity to residents. Also, a sidewalk is required in the Commercial Corridor Overlay but they are asking for a delay until commercial property is constructed around them so that there will be sidewalk to meet up with theirs.
Kenneth Kelly took the podium.
Jimmy Alexander asked the applicant if he was still amenable to having a shared driveway with the property to the south. Mr. Kelly indicated that he was fine with that plan as long as the legal issues were addressed.
Matt Happel asked if Mr. Kelly were agreeable to maintenance on the painted brick exterior. Mr. Kelly stated that most of the building was going to be his office and he would absolutely maintain the exterior of the building.
Mr. Happel also wanted to know if the applicant was still going to change the roof to black and make the front porch a gable with wrought iron and columns. Mr. Kelly said that he was. Mr. Happel asked about the tight angle on the side of the parking lot. Mr. Kelley stated that they were trying to maintain the landscaping on the side of the building.
Jimmy Alexander stated that the interior of the office looked great.
Matt Happel asked if Mr. Kelley were willing to come before the Planning Commission for the sign approval. Mr. Kelley agreed. Bob Notestine stated that the applicant may need to go before the Board of Zoning Appeals. Henry Laird stated that it might be something that can be handled with a permit issued from Town Hall.
Rick Owens asked if Mr. Kelley would submit a revised plan reflecting the discussed changes. Mr. Kelley agreed.
Matt Happel moved to approve the plan pending submittal of revised plan reflecting the changes discussed. Debbie Riddle seconded the motion. There was no further discussion. The motion passed unanimously.
1. Zoning Amendment Proposals
a. Revisions authorizing the Planning Commission to grant variances relating to landscaping and parking lot lighting.
Henry Laird stated that he was recommending changes to the text of the Zoning Ordinance in the Landscaping Section which is an Appendix and to Article 8.22 Performance Standards for Exterior Lighting as it pertains to Parking Lots.
When someone submits a site plan the Planning Commission oversees all aspects of zoning but only has authority to make adjustments to the number of parking spaces and some flexibility in landscaping. Because of that they have to go to Board of Zoning Appeals and the Planning Commission for the same site plan on items that could be handled by the Planning Commission. Mr. Laird recommended that Appendix B, Landscaping, Item 1.2.2, F should have security added. He also added an item G which would give the Planning Commission the ability to grant a variance. The current ordinance says if you have 10 or more parking spaces you are required to have lighting. Often a variance to the lighting requirement is requested because of the nature of the property including proximity to residences and hours of operation. Mr. Laird further recommended changing Item A to read that all luminaries should be deemed “dark sky compliant.”
Rick Owens clarified that the purpose of the changes are to minimize red tape, streamline the process and make it easier on the applicant. He stated that he would like to make sure that there are adequate safeguards in place and would like to take some time to look at it. Mr. Owens then opened the topic for discussion
Mayor Lothers stated that she thought that the amendment was practical. Alderman Alexander wanted to make sure that the granting of variances would be in conjunction with site plan approval. Frank Wilson stated that he thought that the amendment made sense. Bob Notestine stated that Henry Laird’s method of presenting proposed amendments was the best that he had ever seen.
Matt Happel moved to approve the recommendation. Frank Wilson seconded. There was no further discussion. The motion passed unanimously.
a. Revisions to Village District area and lot standards; adding Floor Area Ratio and Impervious Surface Ratio criteria
Henry Laird stated that the specific area and lot requirements for commercial buildings in the Village need to be cleared up. Mr. Laird reviewed the way the ordinance currently reads and then outlined the proposed changes. Mr. Laird recommended that under Area and Lot Requirements where it reads “Maximum Gross Density” and “Minimum Lot Density” the wording Residential Only should be added. Also, where it says “8,000 square feet” it should say “8,000 square feet per building.” There should also be a Maximum Impervious Surface Ratio for Non Residential Mixed Use set at 0.40 and Floor Area Ratio of 0.35 for Non Residential Mixed Use. Also, a footnote should be added that states that the “Floor Area Ratio would apply to the area of lot which is not restricted by waterway natural area or floodway buffer zone.” Right now what we have states that regardless of how much property you have you are limited to one building at 8,000 square feet on the first floor. Mr. Laird stated that The Town should institute something like this regardless of the actual figures.
Matt Happel asked if any other towns have reduced the 8,000 square feet to 6,000. Mr. Laird stated that he had not seen that. Most towns use Floor Area Ratio. Mr. Laird stated that he only used the 8,000 square foot figure because it was in the zoning ordinance already and he thought that it was there for a reason.
Mayor Lothers stated that she thought that the 8,000 square feet seemed large for the Village. She stated that she was concerned that all applicants would go for the largest building possible.
Larry Gardner of 2536 York Road, asked what size lot the 8,000 square foot first floor area applied to. He also questioned if whether you could have a commercial building on a lot that has been cut and filled. Matt Happel stated that .64 acres was the answer to Mr. Gardner’s initial question. Mr. Gardner had several questions in connection with the McCord property.
Mr. Laird stated that he was proposing this amendment to cover the entire Village district not just the one particular project. Mr. Wilson state that he believed that a specific tract of land could not be cut and filled for the specific reason of subdividing.
Rick Owens asked Tom Allen if he was comfortable with the .40 figure. Mr. Allen stated that as long as the quality and quantity of water leaving the lot is the same before construction as it is after construction then he was comfortable.
Mayor Lothers asked if we needed to clarify what we mean by buildable area. Mr. Allen stated that he thought that Mr. Laird’s note clarified it.
Matt Happel asked how other board members felt about lowering the minimum square footage. Debbie Riddle stated that she would support a reduction.
Mayor Lothers asked Michael Blanks to take the podium and give an example of a building in town with an 8000 square foot first floor. Mr. Blanks stated that there were homes in Ballenger Farms were 5,500 square feet. Mr. Blanks stated that building codes would also limit the size of the buildings. He stated that just because the size of the lot allows them to have an 8000 square foot first floor doesn’t mean that codes will allow it.
Mayor Lothers asked if it were necessary to approve the recommendation tonight.
Matt Happel suggested just getting the Floor Area Ratio approved tonight and just changing the other figure later.
Rick Owens moved to approve the recommended changes to the Area and Lot Requirements for the Village, the Floor Area Ratio for Non Residential Mixed Use, the Residential Only Maximum Gross Density and the Impervious Surface Ratio with the footnotes to be noted on the chart to the Board of Mayor and Aldermen. Willis Wells seconded the motion. The topic was opened for discussion. Mayor Lothers asked for clarification as to whether the Board of Mayor and Aldermen would have the opportunity to look at the numbers and possibly adjust them. Bob Notestine stated that there would be a first public hearing and a second public hearing Board of Mayor and Aldermen can take the recommendation and if there needs to be changes they can get it done.
Agenda Item VII-Old Business
Mayor Lothers asked for clarification as to whether Willis Wells would be attending the upcoming Williamson County Planning Commission meeting. Mr. Wells stated that he would be attending.
Agenda Item VIII-Other Business
2. Set performance bond amount for Bent Creek Phase 5, Sec. 2
Applicant has requested to defer until the May meeting. There were no objections. The request was granted by acclamation.
3. Monthly Bond Report
Mr. Laird reported that there are 5,027,019.40 in performance bonds. Ballenger Farms is due to expire and have been notified via registered mail and have called to ask for information about extension or changing to a maintenance bond. The have until the April 14th to respond.
Debbie Riddle moved to approve the Bond Report. Matt Happel seconded the motion. The motion was approved unanimously.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Nolensville Planning Commission
Regular Meeting
Nolensville Elementary School
March 13, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander, Bob Haines and Andrew Grosson. Staff present were Robert J. Notestine, Henry Laird and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:10 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from February 13, 2007 Meeting
Mayor Lothers moved to approve the minutes. Debbie Riddle seconded the motion. The motion was approved unanimously.
Agenda Item IV-Announcements
Mayor Lothers passed around a list of Williamson County Planning Commission meeting times for any members who are available to attend.
Agenda Item V-Citizen Comments
There were no citizen comments.
Agenda Item VI-New Business
1. Site Plan Reviews
a. McCord–Nolen Center Sketch Plan for Retail-Office-Residential Development, McCord Property on Nolensville Road
Henry Laird stated that the sketch plan proposes six residential and office retail buildings. There are two properties involved which are owned by Newt McCord and the Bennetts. The properties are also located in a flood plain.
Mr. Laird noted that item 5.5.1.Q.1 of the Zoning Ordinance requires that a buffer area the width of the floodway plus 50 feet perpendicular on either side of the floodway be maintained. Mr. Laird stated that the Storm Water Regulations also require a buffer area.
Mr. Laird noted that this property would also have to be rezoned because the rear of the property is zoned Estate Residential (ER) while the front portion is zoned Village (V). Mr. Laird stated that Mr. McCanless had already applied to the Planning Commission to have the property rezoned Village.
Mr. Laird noted a problem with the way that the Zoning Ordinance reads. Village standards limit building size to 8,000 square feet of the first floor area but say nothing about the size of the property. Mr. Laird stated that he had included in the Commissioner’s memo the table from the Zoning Ordinance as it reads now. The Area and Lot Requirements and the Density Requirements seem to refer to residential structures. The table in the Zoning Ordinance has no floor area ratio or impervious surface area ratio indicated.
Mr. Laird pointed out that if the property is rezoned as Village it will have to go through the Planning Commission, Board of Mayor and Aldermen and Historic Zoning Commission where the design criteria in Appendix E and the site plan standards in our Zoning Ordinance must be met. Another issue is that the McCord home is located on the property. The McCord home is on the agenda for Historic Zoning Commission this month to either demolish or move the home. Mr. Laird stated that the main issues to be considered at this time were the flood way, flood plain and building space issues.
Mr. Laird stated that he thought we should come up with a floor area ratio and an impervious surface ratio so that we do not end up with too much surface area on the property.
Harold Schaffer of 2030 Williams Road, stated that the Bennetts were unable to attend the meeting and he was asked by Mrs. Bennett to state that they were not involved in the proposed project. Mr. McCanless said that he and Mr. McCord had spoken to Mr. Bennett informally and that at that time he indicated that they might be interested so Mr. McCanless had the sketch plan made to include the property. After the sketch plan was completed Mr. Bennett stated that he was not interested in selling his property. Mayor Lothers asked for clarification as to when Mr. Bennett stated he was not interested in participating in the project. Mr. McCanless stated that Mr. Bennett told him that he was not interested in selling his property after he had already submitted the sketch plan to the Town.
Matt Happel asked if Mr. Turner knew about the 50 foot buffer around the flood way when he prepared the sketch plan. Mr. Turner stated that he did not. He also explained that the sketch plan was only intended to be an instrument to get the processes started. Mr. Turner stated that the intention was to find out what would be allowed by the Town. He also noted that no flood studies had been performed.
Mr. McCanless stated that Sec 5.5 of the Regulations state that when the application of the buffer area would result in extreme loss of buildable area as defined as 50% or greater loss on a lot or parcel. Modifications to the width of the buffer may be allowed through the current appeals process through the Board of Zoning Appeals. Rick Owens stated that he and Henry Laird had gone over the sketch plan and laid out the buffer area around the flood way. He stated that the flood way and buffer do take up a great deal of the property but not all. Mr. McCanless pointed out that the regulations only require 50% of the property be taken up. Mr. McCanless pointed out that 22,000 square feet of impervious surface already exists on the property. He stated that their intention was to take this 22,000 square foot impervious footprint and reorient it on the property.
Rick Owens acknowledged that the meeting was more of an informational meeting and there were numerous issues to be dealt with on the project. He stated that he expected that Mr. Turner would perform his study and based on input from the Commission he would then be able to come up with a more complete sketch plan. He noted that there are still zoning, flood plain and building size issues to deal with.
Frank Wilson noted that page 2-25 under Village 2.2.4 area and lot requirements and max gross density were included. It was written for the Village District and was to include any of the buildings listed as Permitted Uses or Permitted with Conditions. There are six buildings per acre allowed whether they are residential or commercial. He said that this was put in here to cover this particular zone. Matt Happel pointed out that the square footage of a commercial unit and the square footage of residential unit are vastly different. He also stated that he thought that April would be too soon to address the rezoning of the property.
Mayor Lothers asked for clarification on floor area ratio. Henry Laird explained that floor area ratio indicates the amount of square footage you can build in relation to the total area of your property. Both the impervious surface ratio and the floor area ratio are listed in our ordinance but are left blank. Mr. Laird said that it didn’t seem reasonable that 8,000 square feet would be the maximum first floor area allowed for both one acre of land and 10 acres of land.
Jimmy Alexander suggested having a workshop to work out some of these issues so that the Commission didn’t end up going over the same issues next month. Rick Owens suggested that questions and comments be forwarded to Henry Laird via email prior to the workshop.
Tommy Dugger-2260 Rolling Hills Drive- Alderman Dugger explained that the 6 units per acre were intended to be residential, for example senior housing. The 8,000 square foot floor plan was created by estimating the size of the existing buildings in the Village area.
Keith McCord stated that his father was in assisted living and his only asset was the land that he is trying to develop. He stated that he would like to have all of the guidance and assistance available to him in this project.
2. Subdivision Reviews
a. Bennington Revised Preliminary Plat, Phase 4
Rick Owens read from the Staff notes on the project. He then opened the topic for discussion. There was no discussion. Rick Owens motioned to approve. Matt Happel seconded the motion. The motion was approved unanimously.
b. Bent Creek, Final Plat Phase 5, Section 2
Henry Laird stated that the area had 26 lots. They appear to have met our requirements except for a few items. The final plat will need to include street lights, street addresses and a performance bond will need to be issued. Rick Owens motioned to approve with the conditions that the street addresses be designated, street light locations are designated and the performance bond be established by the Town Engineer. Bob Haines seconded the motion. The motion passed unanimously.
Agenda Item VII-Old Business
1. Land Use Policy Plan Amendment Process
Revision of Proposed Amendment Process
Henry Laird stated that he had made the changes recommended since the last meeting. He noted that the document would be added as an appendix to the Land Use Policy Plan. Jimmy Alexander moved to approve the plan. Rick Owens seconded the motion. The motion passed unanimously. Mayor Lothers stated that her recommendation would be to discuss a topic prior to a motion being made but also after a motion is made and seconded to open it up for discussion prior to a vote. Rick Owens opened the motion for discussion. Mayor Lothers asked if the verbiage change addressed Alderman Alexander’s concerns regarding Staff’s role in the process. Alderman Alexander stated that he was absolutely satisfied with the current wording. Rick Owens called for the vote. The motion passed unanimously.
2. Final By-Laws Revisions
Henry Laird stated that he was submitting the final version of the By-Laws for the Commissions use. No action was necessary.
Agenda Item VIII-Other Business
1. Monthly Bond Report
Henry Laird stated that the total bond amount was $5,006,769.40 and all items were up to date. Bob Notestine noted that Ballenger Farms Section 1 is due to expire April 30, 2007.
Rick Owens moved to approve the bond report. Mayor Lothers seconded. The motion passed unanimously.
Matt Happel reported that Design Review had met with Mr. Moody, of The Peoples State Bank of Commerce, and he is proceeding with his construction drawings. He stated that the building was going to look really nice.
Bob Haines reported that he had attended the last Williamson County Planning Commission meeting and that on a procedural basis they tend to combine previously discussed items into a listing and do a mass approval of the listing. He stated that this saved a good amount of time. Mr. Haines said that they had approved some items for Tap Root Farms, which entertains guests from outside the community, which would streamline the process of permitting for the business.
Rick Owens reported that Mayor Lothers, Bob Haines, Henry Laird and himself had attended the Tennessee Growth Readiness Workshop. The workshop dealt with information that will immediately impact our Town. Mayor Lothers stated that she was very proud of the Nolensville delegation and what the Town already has in place.
Mayor Lothers also asked if it would be possible to set a time for the workshop on Monday. It was determined that 7pm on Monday March 26, 2007 would be the date and time of the workshop.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Regular Meeting
Nolensville Elementary School
March 13, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander, Bob Haines and Andrew Grosson. Staff present were Robert J. Notestine, Henry Laird and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:10 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from February 13, 2007 Meeting
Mayor Lothers moved to approve the minutes. Debbie Riddle seconded the motion. The motion was approved unanimously.
Agenda Item IV-Announcements
Mayor Lothers passed around a list of Williamson County Planning Commission meeting times for any members who are available to attend.
Agenda Item V-Citizen Comments
There were no citizen comments.
Agenda Item VI-New Business
1. Site Plan Reviews
a. McCord–Nolen Center Sketch Plan for Retail-Office-Residential Development, McCord Property on Nolensville Road
Henry Laird stated that the sketch plan proposes six residential and office retail buildings. There are two properties involved which are owned by Newt McCord and the Bennetts. The properties are also located in a flood plain.
Mr. Laird noted that item 5.5.1.Q.1 of the Zoning Ordinance requires that a buffer area the width of the floodway plus 50 feet perpendicular on either side of the floodway be maintained. Mr. Laird stated that the Storm Water Regulations also require a buffer area.
Mr. Laird noted that this property would also have to be rezoned because the rear of the property is zoned Estate Residential (ER) while the front portion is zoned Village (V). Mr. Laird stated that Mr. McCanless had already applied to the Planning Commission to have the property rezoned Village.
Mr. Laird noted a problem with the way that the Zoning Ordinance reads. Village standards limit building size to 8,000 square feet of the first floor area but say nothing about the size of the property. Mr. Laird stated that he had included in the Commissioner’s memo the table from the Zoning Ordinance as it reads now. The Area and Lot Requirements and the Density Requirements seem to refer to residential structures. The table in the Zoning Ordinance has no floor area ratio or impervious surface area ratio indicated.
Mr. Laird pointed out that if the property is rezoned as Village it will have to go through the Planning Commission, Board of Mayor and Aldermen and Historic Zoning Commission where the design criteria in Appendix E and the site plan standards in our Zoning Ordinance must be met. Another issue is that the McCord home is located on the property. The McCord home is on the agenda for Historic Zoning Commission this month to either demolish or move the home. Mr. Laird stated that the main issues to be considered at this time were the flood way, flood plain and building space issues.
Mr. Laird stated that he thought we should come up with a floor area ratio and an impervious surface ratio so that we do not end up with too much surface area on the property.
Harold Schaffer of 2030 Williams Road, stated that the Bennetts were unable to attend the meeting and he was asked by Mrs. Bennett to state that they were not involved in the proposed project. Mr. McCanless said that he and Mr. McCord had spoken to Mr. Bennett informally and that at that time he indicated that they might be interested so Mr. McCanless had the sketch plan made to include the property. After the sketch plan was completed Mr. Bennett stated that he was not interested in selling his property. Mayor Lothers asked for clarification as to when Mr. Bennett stated he was not interested in participating in the project. Mr. McCanless stated that Mr. Bennett told him that he was not interested in selling his property after he had already submitted the sketch plan to the Town.
Matt Happel asked if Mr. Turner knew about the 50 foot buffer around the flood way when he prepared the sketch plan. Mr. Turner stated that he did not. He also explained that the sketch plan was only intended to be an instrument to get the processes started. Mr. Turner stated that the intention was to find out what would be allowed by the Town. He also noted that no flood studies had been performed.
Mr. McCanless stated that Sec 5.5 of the Regulations state that when the application of the buffer area would result in extreme loss of buildable area as defined as 50% or greater loss on a lot or parcel. Modifications to the width of the buffer may be allowed through the current appeals process through the Board of Zoning Appeals. Rick Owens stated that he and Henry Laird had gone over the sketch plan and laid out the buffer area around the flood way. He stated that the flood way and buffer do take up a great deal of the property but not all. Mr. McCanless pointed out that the regulations only require 50% of the property be taken up. Mr. McCanless pointed out that 22,000 square feet of impervious surface already exists on the property. He stated that their intention was to take this 22,000 square foot impervious footprint and reorient it on the property.
Rick Owens acknowledged that the meeting was more of an informational meeting and there were numerous issues to be dealt with on the project. He stated that he expected that Mr. Turner would perform his study and based on input from the Commission he would then be able to come up with a more complete sketch plan. He noted that there are still zoning, flood plain and building size issues to deal with.
Frank Wilson noted that page 2-25 under Village 2.2.4 area and lot requirements and max gross density were included. It was written for the Village District and was to include any of the buildings listed as Permitted Uses or Permitted with Conditions. There are six buildings per acre allowed whether they are residential or commercial. He said that this was put in here to cover this particular zone. Matt Happel pointed out that the square footage of a commercial unit and the square footage of residential unit are vastly different. He also stated that he thought that April would be too soon to address the rezoning of the property.
Mayor Lothers asked for clarification on floor area ratio. Henry Laird explained that floor area ratio indicates the amount of square footage you can build in relation to the total area of your property. Both the impervious surface ratio and the floor area ratio are listed in our ordinance but are left blank. Mr. Laird said that it didn’t seem reasonable that 8,000 square feet would be the maximum first floor area allowed for both one acre of land and 10 acres of land.
Jimmy Alexander suggested having a workshop to work out some of these issues so that the Commission didn’t end up going over the same issues next month. Rick Owens suggested that questions and comments be forwarded to Henry Laird via email prior to the workshop.
Tommy Dugger-2260 Rolling Hills Drive- Alderman Dugger explained that the 6 units per acre were intended to be residential, for example senior housing. The 8,000 square foot floor plan was created by estimating the size of the existing buildings in the Village area.
Keith McCord stated that his father was in assisted living and his only asset was the land that he is trying to develop. He stated that he would like to have all of the guidance and assistance available to him in this project.
2. Subdivision Reviews
a. Bennington Revised Preliminary Plat, Phase 4
Rick Owens read from the Staff notes on the project. He then opened the topic for discussion. There was no discussion. Rick Owens motioned to approve. Matt Happel seconded the motion. The motion was approved unanimously.
b. Bent Creek, Final Plat Phase 5, Section 2
Henry Laird stated that the area had 26 lots. They appear to have met our requirements except for a few items. The final plat will need to include street lights, street addresses and a performance bond will need to be issued. Rick Owens motioned to approve with the conditions that the street addresses be designated, street light locations are designated and the performance bond be established by the Town Engineer. Bob Haines seconded the motion. The motion passed unanimously.
Agenda Item VII-Old Business
1. Land Use Policy Plan Amendment Process
Revision of Proposed Amendment Process
Henry Laird stated that he had made the changes recommended since the last meeting. He noted that the document would be added as an appendix to the Land Use Policy Plan. Jimmy Alexander moved to approve the plan. Rick Owens seconded the motion. The motion passed unanimously. Mayor Lothers stated that her recommendation would be to discuss a topic prior to a motion being made but also after a motion is made and seconded to open it up for discussion prior to a vote. Rick Owens opened the motion for discussion. Mayor Lothers asked if the verbiage change addressed Alderman Alexander’s concerns regarding Staff’s role in the process. Alderman Alexander stated that he was absolutely satisfied with the current wording. Rick Owens called for the vote. The motion passed unanimously.
2. Final By-Laws Revisions
Henry Laird stated that he was submitting the final version of the By-Laws for the Commissions use. No action was necessary.
Agenda Item VIII-Other Business
1. Monthly Bond Report
Henry Laird stated that the total bond amount was $5,006,769.40 and all items were up to date. Bob Notestine noted that Ballenger Farms Section 1 is due to expire April 30, 2007.
Rick Owens moved to approve the bond report. Mayor Lothers seconded. The motion passed unanimously.
Matt Happel reported that Design Review had met with Mr. Moody, of The Peoples State Bank of Commerce, and he is proceeding with his construction drawings. He stated that the building was going to look really nice.
Bob Haines reported that he had attended the last Williamson County Planning Commission meeting and that on a procedural basis they tend to combine previously discussed items into a listing and do a mass approval of the listing. He stated that this saved a good amount of time. Mr. Haines said that they had approved some items for Tap Root Farms, which entertains guests from outside the community, which would streamline the process of permitting for the business.
Rick Owens reported that Mayor Lothers, Bob Haines, Henry Laird and himself had attended the Tennessee Growth Readiness Workshop. The workshop dealt with information that will immediately impact our Town. Mayor Lothers stated that she was very proud of the Nolensville delegation and what the Town already has in place.
Mayor Lothers also asked if it would be possible to set a time for the workshop on Monday. It was determined that 7pm on Monday March 26, 2007 would be the date and time of the workshop.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Nolensville Planning Commission
Regular Meeting
Nolensville Elementary School
February 13, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander, Bob Haines and Andrew Grosson. Staff present were Robert J. Notestine, Henry Laird, Rich Woodroof and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:03 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from January 9, 2007 Meeting
Rick Owens stated that an update to the minutes had been distributed via email earlier in the day and a copy had been placed at each Commissioner’s seat as well. He also indicated that the updates that were made consisted of typographical corrections on pages 1 and 3 of the January 9, 2007, minutes.
Rick Owens called attention to the 3rd page near the end of item B and pointed out that it should be changed to read Matt Happel and Rick Owens voted against the motion. At the end of the next sentence Andrew Grosson should be added as approving the motion rather than Rick Owens. Frank Wilson noted that Willis Wells should be listed as a member absent.
Mayor Lothers moved to approve the minutes as amended. Rick Owens seconded the motion. The motion passed unanimously.
Agenda Item IV-Announcements
Rick Owens announced that as a result of the change from Thursday to Tuesday evening meetings Nolensville Planning Commission members have been available to attend the Williamson County Planning Commission meeting.
Frank Wilson attended the most recent meeting and he stated that the meeting was very informative. He announced that the Williamson County Planning Department will have three forums regarding the Williamson County Comprehensive Plan. The closest one will be at Page Middle School on Tuesday, February 27th for those interested in attending. Mr. Wilson further noted that the Williamson County Planning Commission had a preliminary review of an eight or nine hundred unit subdivision on Cox Road. Also, the Commission looked at a proposal for the property located just to the left as you turn under the underpass on Wilson Pike at Clovercroft. This property is proposed to be developed as Chardonnay subdivision. It is 163 acres, includes Clovercroft Lake and they are asking to start off with 78 lots to be increased at a later time. The local interest in that proposal is that they have agreed to widen Wilson Pike from Clovercroft to McEwen Drive.
Mayor Lothers asked for a list of times and dates for the Williamson County Comprehensive Plan update. Rick Owens noted the date and place of each meeting as Monday, February 26th at Hillsboro Elementary, Tuesday, February 27th at Page Middle School and Wednesday, February 28th at Grassland Middle School. All meetings will be from 6:30 to 8:30 p. m. A sign up sheet was passed around and questions or comments should be directed to phone number (615)790-5725.
Rick Owens noted that he had seen that there was a public notice at the intersection of Split Log Road and Ragsdale Road and was wondering if that property had been addressed at the Williamson County Planning Commission Meeting. Frank Wilson said that it was not because that property is located in the Brentwood City limits.
Matt Happel announced that he had attended a few of the Land Use Plan meetings for the County. He stated that they have an out of state consulting firm which looks at Towns and infrastructures to determine where growth is going to take place. They are calling Triune an “840 Center” a location for growth. The consultants are top notch and it is an open forum so you can ask any question that you want.
Agenda Item V-Citizen Comments
There were no citizen comments.
Agenda Item VI-New Business
1. Site Plan Reviews
A+ Storage Preliminary Review:
Henry Laird stated that we would not be acting on the submitted site plan review tonight. The lot that is being considered is the first lot on the left on Johnson Industrial Blvd. and is shown in the flood plain map. The lot is in the flood plain so a detailed grading study has to be done. Also, a HEC RAS computer study model has to be submitted reflecting the disturbed location and showing no increase in the 100 year flood and water velocity on areas up and down stream. Mr. Tommy Pierce with A+ Storage was present to answer any questions and to get any feedback that the Commission might have.
Jimmy Alexander asked how the cut and fill will work. Mr. Pierce stated that the property is only about 6/10 of a foot into the fringe of the flood plain so the cut and fill is not overwhelming. He stated that they have designed about a 20 or 30 foot perimeter strip with a dip in it as well as a 2-3ft retainer wall that goes up to their drive. He also noted that Civil Engineer Mr. Charlie Dean was present for any technical questions that the Commission might have.
Rick Owens asked if A+ had constructed any other facilities within a flood plain. Mr. Dean responded that they have completed one in Hermitage on Andrew Jackson Blvd.
Frank Wilson questioned the use of stucco on the exterior of the facility and asked if perhaps hardy board or masonry could be used. Matt Happel stated that in the Design Review Manual a true commercial facility doesn’t allow stucco below 7 feet. Matt Happel noted some other design suggestions that might need to be added. Mr. Pierce stated that they would be willing to make whatever adjustments necessary. Mayor Lothers thanked Mr. Pierce for his willingness to work with the Town on the features suggested.
Mayor Lothers asked how the results from the flood plain study would be handled. Rich Woodroof stated that he would take a look at the HEC RAS study and he would report to the Commission and they would decide whether or not to approve.
Mayor Lothers commented that she felt that it would be premature to gauge the support of the Commission because so much depends on the flood plain study. Mr. Pierce stated that his objective was to do whatever it takes to comply with the Town’s requirements.
2. Subdivision Reviews
Sunset Park request for continuation of preliminary plat:
Rich Woodroof stated that the developer initially received approval from the County. Since the initial approval through the County we have annexed the property. In the meantime the development has been hung up trying to get sewer through to the property. Their preliminary plat approval will be running out soon and they are now coming to the Town of Nolensville for an extension of 6 months. We are asking for the same requirements that the County originally had for the subdivision. They have to submit plans to redesign the road to minimize the curve on Sunset at the convenience center. They are also going to construct a turn lane into the development. This was part of the Edmonson Branch Traffic Study so there is a $1270 per subdivision lot traffic impact fee. The County required that the design of the curve be taken out of that money. Mr. Haemmerlein and Mr. Franks are here for questions and comments.
Jimmy Alexander asked about preparing the design documents that will straighten out the curve on Sunset. Mr. Haemmerlein stated that they have contracted to have the design created and that design will be turned over to the Town. Mayor Lothers clarified whether the $1270 fee per lot would cover the design or the actual construction of the road. Mr. Haemmerlein stated that 93 lots at $1270 is somewhere around $117,000. We will pay the Town approximately $117,000 and you will give us credit for the 6 or 8 thousand that we spend on the design of the road. Alderman Alexander clarified that if we approve the subdivision we are obligating the Town to straighten out the curve on Sunset at some point. Mr. Haemmerlein agreed. Mayor Lothers further clarified that the turn lane is part of the Sunset Park project and will be completed and is not a responsibility of the Town but the straightening of the Sunset curve would be the Town’s responsibility using the Edmonson Branch Traffic fees.
Bob Haines asked about lanes going in and out of the subdivision. He said that he had noticed that there were two going into the facility and only one coming out. Mr. Haemmerlein stated that one incoming lane was a free flow right turn lane for traffic coming in from the West side and the other incoming lane is a storage turn lane for traffic coming in from the Brentwood side of the complex.
Larry Gardner-2536 York Road-stated that construction traffic is going in and out on Owen Drive and it is tearing up the road pretty bad. Justin Franks responded that at the end of the project when we get the turning lane on Sunset Road paved we will also pave that section of Owen Road. He also stated that the temporary construction entrance was required by the County to remain an entrance into the neighborhood.
Mayor Lothers asked how much blasting was being projected for the site. Mr. Haemmerlein stated that 99% of the blasting had already been performed and that they were now using a rock hammer to avoid further blasting. Frank Wilson asked about blasting relating to the sewer line going in. Mr. Haemmerlein stated that the blasting will be on Ferguson property to the North then across Mr. Post’s property and then out to Brentwood. Mayor Lothers stated that she would be interested in having verification of the number of pre blast surveys that are conducted and communication to surrounding residents within a ½ mile radius. Mr. Haemmerlein said that he believed that the pre blast survey had been ordered to start occurring as recently as last Friday. If acceptable we can have the contractor email to Gina information about who has been included in that pre blast survey. Mayor Lothers also stated that the Town would also be interested in having a letter go out to property owners explaining the horn signal, timeframe, contact information etc. Mr. Haemmerlein agreed to keep the Town apprised of communication with surrounding property owners.
Frank Wilson moved to extend the preliminary plat for 6 additional months. Willis Wells seconded the motion. The motion passed unanimously.
3. Planning Commission By-Law Revisions
Consider approval of revised by-laws:
Henry Laird stated that he had made the changes that were proposed last month plus the suggestions made by members of the Planning Commission. The document does follow State Law and sets the procedures for the Planning Commission.
Bob Haines suggested that on page 3 under the section Conflicts of Interest the wording “or participating in the discussions of the matter” should be added after the statement “disqualified from voting.” Bob Notestine agreed that he felt that it was cleaner not to discuss the matter if you are abstaining. Rich Woodroof stated that if a Commission member needed to recuse themselves because an issue was going to affect their property they should be able to recuse themselves, step into the audience and address their concerns as a citizen. Rick Owens suggested changing the wording to allow comments to be made as a citizen if a Commission member recuses himself for conflict of interest. Bob Notestine suggested the wording “he shall disclose his interest and be disqualified from voting and discussing upon the matter as a member of the Planning Commission. This does not prohibit a member from stepping down and making citizen comments from the audience.”
Bob Haines also suggested that Section 13, Minutes, item 3 should be worded “Commissioners that are in attendance,” and on item 8 we should add the words “and address” after the name of the person. Frank Wilson stated that on item 8 the word addresses should be changed to addressed. Matt Happel asked if we could make the sign up sheet an attachment to the minutes. Bob Notestine stated that if the minutes reflect the name and address of the person that spoke and what they said it would be satisfactory.
Mayor Lothers moved for approval in conjunction with the stated changes. Alderman Alexander seconded the motion. The motion passed unanimously.
4. Land Use Policy Plan Amendment Process
Consider adopting procedures for amending land use plan as an appendix to the Land Use Policy Plan:
Henry Laird explained that the Land Use Policy Process is intended to create a policy which would set out a procedure to handle proposed changes to the Land Use Policy Plan. It will set up a process for BOMA or the Planning Commission or the property owner to ask the Planning Commission to reconsider or revise the Land Use Policy Plan. It outlines the process of a hearing, notification of adjacent property owners and the presentation of a recommendation to the Planning Commission. Mr. Laird stated that it will place the burden on the applicant to prove to us why we should change the current Land Use Plan and to show how it would benefit the Town. It would be made an appendix to the Land Use Plan. This would also spread the issue out among several Planning Commission meetings in order to prevent pressure to make a recommendation for a zoning change. Mr. Laird stated that he would like to hear feedback from the Commission on the document.
Bob Notestine stated that he had been concerned about the possibility that there could be an attempt to overtake or take power away from BOMA. He stated that he was unable to find any language that could in any way impede the ability of something to get on the Planning Commission agenda. Mr. Laird responded that rather than impede the process the intention was to provide a clear procedure whereby a change to the Land Use Policy Plan is made possible.
Alderman Alexander stated he was very pleased with the overall Land Use Policy Plan. He stated that the Town has been in need of such a document for a very long time and that he was very impressed with the language used. Alderman Alexander did point out that under the section that reads Zone Change Proposals in Conflict with General Plan that he did not like the idea of the staff being put into the position of making a determination about whether a proposal is in conflict with the Land Use Policy Plan. Alderman Alexander felt that only the Planning Commission should be responsible for interpreting the Land Use Policy Plan.
Mr. Laird suggested that the section in question could be changed to read “the Town staff will present the conflict to the Planning Commission.” Alderman Alexander stated that he thought that it should be the responsibility of the property owner to prepare and present the conflict to the Commission. Rick Owens interpreted the section to read that the Town staff would provide a recommendation in order to inform the Commission of what would be required to make the Land Use Policy Plan compliant with the zoning change. Mr. Owens stated that the way he interpreted the document was that Town staff is trying to provide information to the Commission about the impact of the change to the Land Use Plan. Frank Wilson agreed with Mr. Owens interpretation. Mr. Alexander stated that he believed that the request for Zoning Amendment is the responsibility of the property owner.
Rick Owens stated that perhaps the first sentence on page 2 should be reworded to read “other related plan then the Town staff may present to the Commission in the form of a recommendation.” Henry Laird stated that he could rework the wording to communicate that the staff would inform the Commission of an opinion that the proposal is or is not in conflict. It was agreed that Mr. Laird would rework the paragraph in question and bring it back to the Commission next month.
Frank Wilson moved to defer the motion until next month. Matt Happel seconded the motion. The motion passed unanimously.
Agenda Item VII-Old Business
Subdivision Regulations:
Rich Woodroof stated that he had received one recommendation from Bob Haines for changes to the Subdivision Regulations. Frank Wilson stated that the only recommendations that he had were discussed in the meeting. Rich stated that he had asked that all recommendations be forwarded to him via email. He asked that all recommendations be forwarded to him as soon as possible in order to finalize the changes to the Subdivision Regulations.
Mayor Lothers announced that if anyone had not yet signed up to attended a Williamson County Planning Commission Meeting she would send out an email listing available dates.
Rick Owens announced that Henry Laird had information regarding the Watershed Meeting. Mr. Laird stated that the Growth Readiness Meeting would be on the 28th of February from 9am to 4pm in Murfreesboro. If anyone is interested in attending please email Henry Laird. Rich Woodroof stated that it is an excellent meeting and that there is no charge to attend.
Agenda Item VIII-Other Business
1. Monthly Bond Report
Rich Woodroof announced that all of the bonds are up to date. Burkitt Place is looking at taking some of their bonds down to maintenance bonds. He discussed the requirements that must be met in order to reduce the bonds to maintenance bonds. The Town currently has $5,006,769.40 in bonds for the Town.
Rick Owens moved to accept the bond report. Bob Haines seconded the motion. The motion was approved unanimously.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Regular Meeting
Nolensville Elementary School
February 13, 2007, 7:00 pm
Commissioners in attendance were Mayor Beth Lothers, Rick Owens, Willis Wells, Matt Happel, Frank Wilson, Debbie Riddle, Jimmy Alexander, Bob Haines and Andrew Grosson. Staff present were Robert J. Notestine, Henry Laird, Rich Woodroof and Gina Lawrence.
Agenda Item I-Call Meeting to Order
The meeting was called to order at 7:03 p. m. by Chairperson Rick Owens.
Agenda Item II-Pledge of Allegiance
Rick Owens led the meeting in the Pledge of Allegiance.
Agenda Item III-Approval of Minutes from January 9, 2007 Meeting
Rick Owens stated that an update to the minutes had been distributed via email earlier in the day and a copy had been placed at each Commissioner’s seat as well. He also indicated that the updates that were made consisted of typographical corrections on pages 1 and 3 of the January 9, 2007, minutes.
Rick Owens called attention to the 3rd page near the end of item B and pointed out that it should be changed to read Matt Happel and Rick Owens voted against the motion. At the end of the next sentence Andrew Grosson should be added as approving the motion rather than Rick Owens. Frank Wilson noted that Willis Wells should be listed as a member absent.
Mayor Lothers moved to approve the minutes as amended. Rick Owens seconded the motion. The motion passed unanimously.
Agenda Item IV-Announcements
Rick Owens announced that as a result of the change from Thursday to Tuesday evening meetings Nolensville Planning Commission members have been available to attend the Williamson County Planning Commission meeting.
Frank Wilson attended the most recent meeting and he stated that the meeting was very informative. He announced that the Williamson County Planning Department will have three forums regarding the Williamson County Comprehensive Plan. The closest one will be at Page Middle School on Tuesday, February 27th for those interested in attending. Mr. Wilson further noted that the Williamson County Planning Commission had a preliminary review of an eight or nine hundred unit subdivision on Cox Road. Also, the Commission looked at a proposal for the property located just to the left as you turn under the underpass on Wilson Pike at Clovercroft. This property is proposed to be developed as Chardonnay subdivision. It is 163 acres, includes Clovercroft Lake and they are asking to start off with 78 lots to be increased at a later time. The local interest in that proposal is that they have agreed to widen Wilson Pike from Clovercroft to McEwen Drive.
Mayor Lothers asked for a list of times and dates for the Williamson County Comprehensive Plan update. Rick Owens noted the date and place of each meeting as Monday, February 26th at Hillsboro Elementary, Tuesday, February 27th at Page Middle School and Wednesday, February 28th at Grassland Middle School. All meetings will be from 6:30 to 8:30 p. m. A sign up sheet was passed around and questions or comments should be directed to phone number (615)790-5725.
Rick Owens noted that he had seen that there was a public notice at the intersection of Split Log Road and Ragsdale Road and was wondering if that property had been addressed at the Williamson County Planning Commission Meeting. Frank Wilson said that it was not because that property is located in the Brentwood City limits.
Matt Happel announced that he had attended a few of the Land Use Plan meetings for the County. He stated that they have an out of state consulting firm which looks at Towns and infrastructures to determine where growth is going to take place. They are calling Triune an “840 Center” a location for growth. The consultants are top notch and it is an open forum so you can ask any question that you want.
Agenda Item V-Citizen Comments
There were no citizen comments.
Agenda Item VI-New Business
1. Site Plan Reviews
A+ Storage Preliminary Review:
Henry Laird stated that we would not be acting on the submitted site plan review tonight. The lot that is being considered is the first lot on the left on Johnson Industrial Blvd. and is shown in the flood plain map. The lot is in the flood plain so a detailed grading study has to be done. Also, a HEC RAS computer study model has to be submitted reflecting the disturbed location and showing no increase in the 100 year flood and water velocity on areas up and down stream. Mr. Tommy Pierce with A+ Storage was present to answer any questions and to get any feedback that the Commission might have.
Jimmy Alexander asked how the cut and fill will work. Mr. Pierce stated that the property is only about 6/10 of a foot into the fringe of the flood plain so the cut and fill is not overwhelming. He stated that they have designed about a 20 or 30 foot perimeter strip with a dip in it as well as a 2-3ft retainer wall that goes up to their drive. He also noted that Civil Engineer Mr. Charlie Dean was present for any technical questions that the Commission might have.
Rick Owens asked if A+ had constructed any other facilities within a flood plain. Mr. Dean responded that they have completed one in Hermitage on Andrew Jackson Blvd.
Frank Wilson questioned the use of stucco on the exterior of the facility and asked if perhaps hardy board or masonry could be used. Matt Happel stated that in the Design Review Manual a true commercial facility doesn’t allow stucco below 7 feet. Matt Happel noted some other design suggestions that might need to be added. Mr. Pierce stated that they would be willing to make whatever adjustments necessary. Mayor Lothers thanked Mr. Pierce for his willingness to work with the Town on the features suggested.
Mayor Lothers asked how the results from the flood plain study would be handled. Rich Woodroof stated that he would take a look at the HEC RAS study and he would report to the Commission and they would decide whether or not to approve.
Mayor Lothers commented that she felt that it would be premature to gauge the support of the Commission because so much depends on the flood plain study. Mr. Pierce stated that his objective was to do whatever it takes to comply with the Town’s requirements.
2. Subdivision Reviews
Sunset Park request for continuation of preliminary plat:
Rich Woodroof stated that the developer initially received approval from the County. Since the initial approval through the County we have annexed the property. In the meantime the development has been hung up trying to get sewer through to the property. Their preliminary plat approval will be running out soon and they are now coming to the Town of Nolensville for an extension of 6 months. We are asking for the same requirements that the County originally had for the subdivision. They have to submit plans to redesign the road to minimize the curve on Sunset at the convenience center. They are also going to construct a turn lane into the development. This was part of the Edmonson Branch Traffic Study so there is a $1270 per subdivision lot traffic impact fee. The County required that the design of the curve be taken out of that money. Mr. Haemmerlein and Mr. Franks are here for questions and comments.
Jimmy Alexander asked about preparing the design documents that will straighten out the curve on Sunset. Mr. Haemmerlein stated that they have contracted to have the design created and that design will be turned over to the Town. Mayor Lothers clarified whether the $1270 fee per lot would cover the design or the actual construction of the road. Mr. Haemmerlein stated that 93 lots at $1270 is somewhere around $117,000. We will pay the Town approximately $117,000 and you will give us credit for the 6 or 8 thousand that we spend on the design of the road. Alderman Alexander clarified that if we approve the subdivision we are obligating the Town to straighten out the curve on Sunset at some point. Mr. Haemmerlein agreed. Mayor Lothers further clarified that the turn lane is part of the Sunset Park project and will be completed and is not a responsibility of the Town but the straightening of the Sunset curve would be the Town’s responsibility using the Edmonson Branch Traffic fees.
Bob Haines asked about lanes going in and out of the subdivision. He said that he had noticed that there were two going into the facility and only one coming out. Mr. Haemmerlein stated that one incoming lane was a free flow right turn lane for traffic coming in from the West side and the other incoming lane is a storage turn lane for traffic coming in from the Brentwood side of the complex.
Larry Gardner-2536 York Road-stated that construction traffic is going in and out on Owen Drive and it is tearing up the road pretty bad. Justin Franks responded that at the end of the project when we get the turning lane on Sunset Road paved we will also pave that section of Owen Road. He also stated that the temporary construction entrance was required by the County to remain an entrance into the neighborhood.
Mayor Lothers asked how much blasting was being projected for the site. Mr. Haemmerlein stated that 99% of the blasting had already been performed and that they were now using a rock hammer to avoid further blasting. Frank Wilson asked about blasting relating to the sewer line going in. Mr. Haemmerlein stated that the blasting will be on Ferguson property to the North then across Mr. Post’s property and then out to Brentwood. Mayor Lothers stated that she would be interested in having verification of the number of pre blast surveys that are conducted and communication to surrounding residents within a ½ mile radius. Mr. Haemmerlein said that he believed that the pre blast survey had been ordered to start occurring as recently as last Friday. If acceptable we can have the contractor email to Gina information about who has been included in that pre blast survey. Mayor Lothers also stated that the Town would also be interested in having a letter go out to property owners explaining the horn signal, timeframe, contact information etc. Mr. Haemmerlein agreed to keep the Town apprised of communication with surrounding property owners.
Frank Wilson moved to extend the preliminary plat for 6 additional months. Willis Wells seconded the motion. The motion passed unanimously.
3. Planning Commission By-Law Revisions
Consider approval of revised by-laws:
Henry Laird stated that he had made the changes that were proposed last month plus the suggestions made by members of the Planning Commission. The document does follow State Law and sets the procedures for the Planning Commission.
Bob Haines suggested that on page 3 under the section Conflicts of Interest the wording “or participating in the discussions of the matter” should be added after the statement “disqualified from voting.” Bob Notestine agreed that he felt that it was cleaner not to discuss the matter if you are abstaining. Rich Woodroof stated that if a Commission member needed to recuse themselves because an issue was going to affect their property they should be able to recuse themselves, step into the audience and address their concerns as a citizen. Rick Owens suggested changing the wording to allow comments to be made as a citizen if a Commission member recuses himself for conflict of interest. Bob Notestine suggested the wording “he shall disclose his interest and be disqualified from voting and discussing upon the matter as a member of the Planning Commission. This does not prohibit a member from stepping down and making citizen comments from the audience.”
Bob Haines also suggested that Section 13, Minutes, item 3 should be worded “Commissioners that are in attendance,” and on item 8 we should add the words “and address” after the name of the person. Frank Wilson stated that on item 8 the word addresses should be changed to addressed. Matt Happel asked if we could make the sign up sheet an attachment to the minutes. Bob Notestine stated that if the minutes reflect the name and address of the person that spoke and what they said it would be satisfactory.
Mayor Lothers moved for approval in conjunction with the stated changes. Alderman Alexander seconded the motion. The motion passed unanimously.
4. Land Use Policy Plan Amendment Process
Consider adopting procedures for amending land use plan as an appendix to the Land Use Policy Plan:
Henry Laird explained that the Land Use Policy Process is intended to create a policy which would set out a procedure to handle proposed changes to the Land Use Policy Plan. It will set up a process for BOMA or the Planning Commission or the property owner to ask the Planning Commission to reconsider or revise the Land Use Policy Plan. It outlines the process of a hearing, notification of adjacent property owners and the presentation of a recommendation to the Planning Commission. Mr. Laird stated that it will place the burden on the applicant to prove to us why we should change the current Land Use Plan and to show how it would benefit the Town. It would be made an appendix to the Land Use Plan. This would also spread the issue out among several Planning Commission meetings in order to prevent pressure to make a recommendation for a zoning change. Mr. Laird stated that he would like to hear feedback from the Commission on the document.
Bob Notestine stated that he had been concerned about the possibility that there could be an attempt to overtake or take power away from BOMA. He stated that he was unable to find any language that could in any way impede the ability of something to get on the Planning Commission agenda. Mr. Laird responded that rather than impede the process the intention was to provide a clear procedure whereby a change to the Land Use Policy Plan is made possible.
Alderman Alexander stated he was very pleased with the overall Land Use Policy Plan. He stated that the Town has been in need of such a document for a very long time and that he was very impressed with the language used. Alderman Alexander did point out that under the section that reads Zone Change Proposals in Conflict with General Plan that he did not like the idea of the staff being put into the position of making a determination about whether a proposal is in conflict with the Land Use Policy Plan. Alderman Alexander felt that only the Planning Commission should be responsible for interpreting the Land Use Policy Plan.
Mr. Laird suggested that the section in question could be changed to read “the Town staff will present the conflict to the Planning Commission.” Alderman Alexander stated that he thought that it should be the responsibility of the property owner to prepare and present the conflict to the Commission. Rick Owens interpreted the section to read that the Town staff would provide a recommendation in order to inform the Commission of what would be required to make the Land Use Policy Plan compliant with the zoning change. Mr. Owens stated that the way he interpreted the document was that Town staff is trying to provide information to the Commission about the impact of the change to the Land Use Plan. Frank Wilson agreed with Mr. Owens interpretation. Mr. Alexander stated that he believed that the request for Zoning Amendment is the responsibility of the property owner.
Rick Owens stated that perhaps the first sentence on page 2 should be reworded to read “other related plan then the Town staff may present to the Commission in the form of a recommendation.” Henry Laird stated that he could rework the wording to communicate that the staff would inform the Commission of an opinion that the proposal is or is not in conflict. It was agreed that Mr. Laird would rework the paragraph in question and bring it back to the Commission next month.
Frank Wilson moved to defer the motion until next month. Matt Happel seconded the motion. The motion passed unanimously.
Agenda Item VII-Old Business
Subdivision Regulations:
Rich Woodroof stated that he had received one recommendation from Bob Haines for changes to the Subdivision Regulations. Frank Wilson stated that the only recommendations that he had were discussed in the meeting. Rich stated that he had asked that all recommendations be forwarded to him via email. He asked that all recommendations be forwarded to him as soon as possible in order to finalize the changes to the Subdivision Regulations.
Mayor Lothers announced that if anyone had not yet signed up to attended a Williamson County Planning Commission Meeting she would send out an email listing available dates.
Rick Owens announced that Henry Laird had information regarding the Watershed Meeting. Mr. Laird stated that the Growth Readiness Meeting would be on the 28th of February from 9am to 4pm in Murfreesboro. If anyone is interested in attending please email Henry Laird. Rich Woodroof stated that it is an excellent meeting and that there is no charge to attend.
Agenda Item VIII-Other Business
1. Monthly Bond Report
Rich Woodroof announced that all of the bonds are up to date. Burkitt Place is looking at taking some of their bonds down to maintenance bonds. He discussed the requirements that must be met in order to reduce the bonds to maintenance bonds. The Town currently has $5,006,769.40 in bonds for the Town.
Rick Owens moved to accept the bond report. Bob Haines seconded the motion. The motion was approved unanimously.
Agenda Item IX-Adjournment
The meeting was adjourned at 8:45 p. m.
Respectfully submitted,
Gina Lawrence Date
Recording Secretary
Approved
Matt Happel Date
Planning Commission Secretary
Nolensville Planning Commission
Regular Meeting
January 9, 2007
7:00 p.m.
Members in attendance were as follows: Matt Happel, Frank Wilson, Debbie Riddle, Larry Gardner, Jimmy Alexander, Bob Haines, and Rick Owens, Andrew Grosson
Staff present were Henry Laird, Town Planner; Rich Woodroof, Town Engineer and Gina Lawrence.
Agenda Item I- The meeting was called to order by Frank Wilson at 7:00 pm
Agenda Item II- Pledge of Allegiance
Agenda Item III- Election of 2007 Planning Commission Officers
Mayor Lothers motioned to nominate Rick Owens as the Planning Commission Chairman, Bob Haines seconds the nomination.
Being no further nominations Rick Owens is elected by acclamation.
Mayor Lothers motioned to elect Willis Wells as Vice Chairman, Rick Owens seconded the motion.
Willis Wells is elected by acclamation.
Mayor Lothers nominated Matt Happel as Secretary to the Planning Commission, Rick Owens seconded the motion.
Matt Happel is elected by acclamation.
Agenda Item IV- Approval of Minutes
Frank Wilson motioned to approve minutes, Matt Happel seconds the motion. There was no discussion on the minutes. The motion passed unanimously.
Agenda Item V- Announcements
Mayor Lothers observed that the decision to change the date of the Nolensville Planning Commission meeting was made in order that the town could have more of a presence at the Williamson County Planning Commission meetings. She requested volunteers to attend the Williamson County Planning Commission meetings throughout the year and passed around a sign up sheet.
Henry Laird announced that Zoning Ordinance updates and Land Use maps had been distributed to each Planning Commission member. Each member should replace each new section and discard their old section.
Bob Haines welcomed all citizen input.
Agenda Item VI- Citizen Comments
Tommy Dugger asked if the format for future Planning Commission meetings would be that citizen comments will be welcome prior to each agenda item. Bob Haines responded that he understood the process was to be citizen comments prior to each topic.
Agenda Item VII- New Business
Jay Nelson Realty, 7292 Nolensville Road
Change of Use of Property, site improvements
Mr. Nelson stated that he owns a Remax franchise and is in the process of opening an office in the historic district at the former Glazy Days location. Mr. Nelson noted that the building was very run down when he took over occupancy. He stated that he has found that there is a very large sewage disposal problem. He stated that while he is working hard to get sewer service to the historic district, and expects sewer service to be established within the next twelve months, he is seeking a temporary sewer solution for his business.
Mr. Nelson then read a letter from Larry Robinson with Williamson County stating that the only acceptable temporary option is to cut off and disconnect the water supply, cut off and disconnect all sewage pipelines, that he must provide a contract with a licensed portable toilet company and that the portable toilet company must provide a contract with a licensed treatment facility.
Jimmy Alexander asked if the pump and haul method which has been used in our town before has been explored. Mr. Nelson commented that the method had not yet been explored.
Rich Woodroof stated if the water supply were shut off, the location would be in violation of the town building codes which state that a business must have water and a lavatory. Mr. Woodroof stated that it would not be possible to grant a variance on this code because it is the minimum requirement for public safety. Mr. Woodroof advised that the only possible way to circumvent this code would be to challenge that his interpretation of the International Building Code is incorrect.
Frank Wilson stated that he believed that the pump and haul system had indeed been used in this community in the past and is a viable option for Mr. Nelson’s situation. Mr. Woodroof agreed that Williamson County would probably accept that system as functional. Mr. Nelson stated that as a result of his dealings with Mr. Robinson in the past he did not feel that the pump and haul method would be acceptable to him.
Mr. Alfred Bennett offered to allow Mr. Nelson to run a line over to his sewage disposal system.
Mr. Nelson stated that he is also working diligently to improve the appearance of the historic district and toward that end; he would like to turn the front parking area into a stamped courtyard patio surrounded by a wrought iron fence. He would further like to move the parking area to the back of the property. The Town is asking that in order to locate the parking area for the business in the rear of the property we must establish 24 hour lighting to the area which will be right outside of Mr. and Mrs. Alfred Bennett’s bedroom.
Henry Laird noted that if we reduce the number of parking spaces to below 10 the rear lighting requirement would not be unnecessary.
Mayor Lothers made a motion for site plan approval with a reduction to 9 parking spaces and a variance to allow gravel parking. Matt Happel seconded. Motion passes unanimously.
After heavy discussion Bob Haines recapped the options before the commission.
Option 1, leave existing ordinance as it is or adopt one of the three options presented by Henry Laird which include keeping same ordinance with minor changes only (allow without permit), revise ordinance to allow additional flags during holidays and special occasions with minimum spacing requirements and permit or change the ordinance to set specific limits on Governmental Flags and allow a specific number per site based on commercial frontage.
Bob Haines made a motion to table the issue, Jimmy Alexander seconds the motion. The motion was defeated.
Debbie Riddle made a motion to leave the ordinance as is, Bob Haines seconded the motion.
The motion passes five to three.
Mr. Woodroof stated that he had about eight pages of changes to the Subdivision Regulations. He stated that rather that go through the process of amending the old Subdivision Regulations he would prefer to adopt an entirely new Subdivision Regulation document. Mr. Woodroof asked for feedback from the commission on the recommended changes and would ask to be allowed to present them back to the Planning Commission in an organized form at next months meeting.
Frank Wilson asked about 3.2.5, recording of the final plat seems to have a conflict that will need to be clarified. Bob Notestine asked who records the final plat. Rich Woodroof answered that presently the developer records the plat because he is going to the same building anyway. Mr. Wilson, Mr. Alexander, Mr. Notestine and Mr. Woodroof discuss the necessity of the town being responsible for recording the plat in the future.
Mayor Lothers commented on section 5.14 regarding tree preservation.
General Discussion followed.
It is reintegrated that all changes are to be submitted to Rich Woodroof who will organize and present to Planning Commission at next month’s meeting.
Alderman Dugger commented on Section 15 of the By-Law revision stated that the chairperson under the new by-laws would be appointed by the Mayor and he believes that the process should stay the same and the chairperson should be elected by the commission.
Mayor Lothers noted that Frank Wilson had pointed that out to her earlier and that state code requires an election rather than an appointment.
Mr. Laird recommended a number of changes including a good deal of clean up. He has added the function of a Recording Secretary, made changes to the Agenda, Deadlines, modified procedures in Section 14 regarding Robert’s Rules of Order where in the event of a conflict between Robert’s Rules and the By-Laws the By-Laws shall control.
Mr. Laird stated that he would prefer to rework the discussed revisions and bring the entire By-Law revision back to the Planning Commission next month. Mr. Laird requested that any changes be submitted to him via email.
This process deals with how we amend the Land Use Policy. If someone wants to create a development which is in conflict with the town’s Land Use Policy this process will allow them to have the opportunity present their idea to the community and discuss the impact on the surrounding area. A fee for applying to amend the Land Use Policy is discussed. Heavy discussion regarding the how the document would be presented to the public.
Bob Haines stated that any suggestions should be presented to Henry Laird via email who will organize and present to Planning Commission at next month’s meeting.
VIII. Old Business
a. Other Business
Bob Notestine discussed litigation with Mr. Moon’s construction project on York Road. Mr. Notestine stated that their may be some renewed activity on rezoning York Road. It was discussed that BOMA deadlocked on the issue of rezoning York Road area not the Planning Commission.
No other business presented.
IX. Monthly Bond Report
Rich Woodruff stated that all bonds were current.
X. Adjournment
Being no further business to come before the Planning Commission the meeting is adjourned at 9:40 pm
Respectfully Submitted,
Gina Lawrence Date
Recording Secretary
Approved,
Matt Happell Date
Secretary to the Planning Commission
Regular Meeting
January 9, 2007
7:00 p.m.
Members in attendance were as follows: Matt Happel, Frank Wilson, Debbie Riddle, Larry Gardner, Jimmy Alexander, Bob Haines, and Rick Owens, Andrew Grosson
Staff present were Henry Laird, Town Planner; Rich Woodroof, Town Engineer and Gina Lawrence.
Agenda Item I- The meeting was called to order by Frank Wilson at 7:00 pm
Agenda Item II- Pledge of Allegiance
Agenda Item III- Election of 2007 Planning Commission Officers
Mayor Lothers motioned to nominate Rick Owens as the Planning Commission Chairman, Bob Haines seconds the nomination.
Being no further nominations Rick Owens is elected by acclamation.
Mayor Lothers motioned to elect Willis Wells as Vice Chairman, Rick Owens seconded the motion.
Willis Wells is elected by acclamation.
Mayor Lothers nominated Matt Happel as Secretary to the Planning Commission, Rick Owens seconded the motion.
Matt Happel is elected by acclamation.
Agenda Item IV- Approval of Minutes
Frank Wilson motioned to approve minutes, Matt Happel seconds the motion. There was no discussion on the minutes. The motion passed unanimously.
Agenda Item V- Announcements
Mayor Lothers observed that the decision to change the date of the Nolensville Planning Commission meeting was made in order that the town could have more of a presence at the Williamson County Planning Commission meetings. She requested volunteers to attend the Williamson County Planning Commission meetings throughout the year and passed around a sign up sheet.
Henry Laird announced that Zoning Ordinance updates and Land Use maps had been distributed to each Planning Commission member. Each member should replace each new section and discard their old section.
Bob Haines welcomed all citizen input.
Agenda Item VI- Citizen Comments
Tommy Dugger asked if the format for future Planning Commission meetings would be that citizen comments will be welcome prior to each agenda item. Bob Haines responded that he understood the process was to be citizen comments prior to each topic.
Agenda Item VII- New Business
- Site Plan Reviews:
Jay Nelson Realty, 7292 Nolensville Road
Change of Use of Property, site improvements
Mr. Nelson stated that he owns a Remax franchise and is in the process of opening an office in the historic district at the former Glazy Days location. Mr. Nelson noted that the building was very run down when he took over occupancy. He stated that he has found that there is a very large sewage disposal problem. He stated that while he is working hard to get sewer service to the historic district, and expects sewer service to be established within the next twelve months, he is seeking a temporary sewer solution for his business.
Mr. Nelson then read a letter from Larry Robinson with Williamson County stating that the only acceptable temporary option is to cut off and disconnect the water supply, cut off and disconnect all sewage pipelines, that he must provide a contract with a licensed portable toilet company and that the portable toilet company must provide a contract with a licensed treatment facility.
Jimmy Alexander asked if the pump and haul method which has been used in our town before has been explored. Mr. Nelson commented that the method had not yet been explored.
Rich Woodroof stated if the water supply were shut off, the location would be in violation of the town building codes which state that a business must have water and a lavatory. Mr. Woodroof stated that it would not be possible to grant a variance on this code because it is the minimum requirement for public safety. Mr. Woodroof advised that the only possible way to circumvent this code would be to challenge that his interpretation of the International Building Code is incorrect.
Frank Wilson stated that he believed that the pump and haul system had indeed been used in this community in the past and is a viable option for Mr. Nelson’s situation. Mr. Woodroof agreed that Williamson County would probably accept that system as functional. Mr. Nelson stated that as a result of his dealings with Mr. Robinson in the past he did not feel that the pump and haul method would be acceptable to him.
Mr. Alfred Bennett offered to allow Mr. Nelson to run a line over to his sewage disposal system.
Mr. Nelson stated that he is also working diligently to improve the appearance of the historic district and toward that end; he would like to turn the front parking area into a stamped courtyard patio surrounded by a wrought iron fence. He would further like to move the parking area to the back of the property. The Town is asking that in order to locate the parking area for the business in the rear of the property we must establish 24 hour lighting to the area which will be right outside of Mr. and Mrs. Alfred Bennett’s bedroom.
Henry Laird noted that if we reduce the number of parking spaces to below 10 the rear lighting requirement would not be unnecessary.
Mayor Lothers made a motion for site plan approval with a reduction to 9 parking spaces and a variance to allow gravel parking. Matt Happel seconded. Motion passes unanimously.
- Zoning Amendment Considerations:
After heavy discussion Bob Haines recapped the options before the commission.
Option 1, leave existing ordinance as it is or adopt one of the three options presented by Henry Laird which include keeping same ordinance with minor changes only (allow without permit), revise ordinance to allow additional flags during holidays and special occasions with minimum spacing requirements and permit or change the ordinance to set specific limits on Governmental Flags and allow a specific number per site based on commercial frontage.
Bob Haines made a motion to table the issue, Jimmy Alexander seconds the motion. The motion was defeated.
Debbie Riddle made a motion to leave the ordinance as is, Bob Haines seconded the motion.
The motion passes five to three.
- Subdivision Regulation Changes
Mr. Woodroof stated that he had about eight pages of changes to the Subdivision Regulations. He stated that rather that go through the process of amending the old Subdivision Regulations he would prefer to adopt an entirely new Subdivision Regulation document. Mr. Woodroof asked for feedback from the commission on the recommended changes and would ask to be allowed to present them back to the Planning Commission in an organized form at next months meeting.
Frank Wilson asked about 3.2.5, recording of the final plat seems to have a conflict that will need to be clarified. Bob Notestine asked who records the final plat. Rich Woodroof answered that presently the developer records the plat because he is going to the same building anyway. Mr. Wilson, Mr. Alexander, Mr. Notestine and Mr. Woodroof discuss the necessity of the town being responsible for recording the plat in the future.
Mayor Lothers commented on section 5.14 regarding tree preservation.
General Discussion followed.
It is reintegrated that all changes are to be submitted to Rich Woodroof who will organize and present to Planning Commission at next month’s meeting.
- Planning Commission By-Law Revisions
Alderman Dugger commented on Section 15 of the By-Law revision stated that the chairperson under the new by-laws would be appointed by the Mayor and he believes that the process should stay the same and the chairperson should be elected by the commission.
Mayor Lothers noted that Frank Wilson had pointed that out to her earlier and that state code requires an election rather than an appointment.
Mr. Laird recommended a number of changes including a good deal of clean up. He has added the function of a Recording Secretary, made changes to the Agenda, Deadlines, modified procedures in Section 14 regarding Robert’s Rules of Order where in the event of a conflict between Robert’s Rules and the By-Laws the By-Laws shall control.
Mr. Laird stated that he would prefer to rework the discussed revisions and bring the entire By-Law revision back to the Planning Commission next month. Mr. Laird requested that any changes be submitted to him via email.
- Consider Land Use Policy Plan Amendment Process
This process deals with how we amend the Land Use Policy. If someone wants to create a development which is in conflict with the town’s Land Use Policy this process will allow them to have the opportunity present their idea to the community and discuss the impact on the surrounding area. A fee for applying to amend the Land Use Policy is discussed. Heavy discussion regarding the how the document would be presented to the public.
Bob Haines stated that any suggestions should be presented to Henry Laird via email who will organize and present to Planning Commission at next month’s meeting.
VIII. Old Business
a. Other Business
Bob Notestine discussed litigation with Mr. Moon’s construction project on York Road. Mr. Notestine stated that their may be some renewed activity on rezoning York Road. It was discussed that BOMA deadlocked on the issue of rezoning York Road area not the Planning Commission.
No other business presented.
IX. Monthly Bond Report
Rich Woodruff stated that all bonds were current.
X. Adjournment
Being no further business to come before the Planning Commission the meeting is adjourned at 9:40 pm
Respectfully Submitted,
Gina Lawrence Date
Recording Secretary
Approved,
Matt Happell Date
Secretary to the Planning Commission
