close menu
This website uses cookies to store your accessibility preferences. No personal / identifying information is stored. More info.

2008

Minutes Archive

2008-12 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at old Nolensville Elementary School
December 9, 2008

Board Members Present:      Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Beth Lothers, Rick Owens, Douglas Radley, Willis Wells and Frank Wilson

Staff Present:                          Attorney Bob Notestine, Henry Laird, and Cathi Little

Citizens Present:                    20

CALL MEETING TO ORDER
The meeting was called to order at 6:05 p.m. by Chairman Rick Owens.

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Chairman Owens.

APPROVAL OF MINUTES
Commissioner Frank Wilson made a motion to approve minutes of the November 11, 2008, Planning Commission Meeting; Commissioner Bob Haines seconded the motion, which passed unanimously.

ANNOUNCEMENTS
Mayor Beth Lothers noted that the Trees and Trails workshop will immediately follow this meeting.

CITIZEN COMMENTS
None

NEW BUSINESS

  1. Request for Rezoning 7047 Nolensville Road (G.W. Jones Property) from Suburban Residential (SR)/Annexation Buffer Overlay (ABO) to Commercial Regional (CR)

Town Planner Henry Laird stated that commercial zoning would not be consistent with the Town’s Land Use Policy Plan.
Commissioner Jimmy Alexander stated that there is an Inter-local Agreement with Brentwood, which states that this area cannot be zoned for commercial use.   Attorney Bob Notestine agreed, and also noted that there are floodplain issues and it is not consistent with the Land Use Policy.

The property owner, George Jones, stated that there is commercial all around his property and doesn’t understand why his property can’t be commercial.  He has had his shop on this property for the last 13 years.

Chairman Owens stated that due to the three major obstacles with this property, the Inter-local Agreement with Brentwood, the floodplain issues, and the Town’s Land Use Policy Plan, it would be in Mr. Jones’ best interest to allow the Planning Commission to defer this request, and allow staff to review this matter further.

John Ragland from Huntsville Alabama stated he was the party interested in developing this property.  He intends to build a retail strip center and build-to-suit for a larger national chain.

Mr. Ragland stated that he would contact Mr. Laird, Town Planner, to provide additional information regarding his plans for this property.

Commissioner Happel made a motion to defer this matter to the February Planning Commission Meeting, Andrew Grosson seconded, the motion passed unanimously.

OLD BUSINESS

  1. CR area access plan for future commercial development

Planner Henry Laird stated that Commissioner Happel had received comments from Tom Allen of Neel-Schaffer, who stated there would be some obstacles regarding the floodplain, but they could be overcome.  Mr. Laird further stated that the main intent is to limit access to Nolensville Road by using another road between Burkitt Road and Kidd Road.
Commissioner Happel stated that this is a conceptual plan to limit access to Nolensville Road and to limit the number of traffic lights on Nolensville Road.  He further stated that most of those lots are very deep, and will be able to have green space by the road which would help protect the floodplain. 

Commissioner Douglas Radley stated that he had a problem with the Planning Commission, as a body, preparing a detailed design.  He further noted that it is good to give developers instructions in the form of a conceptual design to let them know the Town wants to limit access to Nolensville Road by having a connecting road following this general alignment. 

Mayor Lothers said she felt this is a good way to pull some of the traffic off Nolensville Road, but wondered what issues the current property owners may have. 

Mr. Laird asked the Board to think about it a little longer, send staff (Henry Laird and/or Don Swartz) their input or ideas.  There could also be some discussions with the property owners to get their thoughts.

  1. Report from last BOMA meeting

Mayor Lothers stated that public hearings were held on ordinance 08-12, Office Industrial Zoning as it pertains to General Retail and ordinance 08-14, Common Driveways and preventing flag lots.  Second reading of ordinance 08-11, Floodplain Regulations passed unanimously; second reading of ordinance 08-16, permitted special event issues passed 4 to 1.  First reading of ordinance 08-17, day care centers passed unanimously.

OTHER BUSINESS

  1. Bonds:
  2. Burkitt Place Phase 1A Sec. 1 release from maintenance bond and acceptance by Town
  3. Burkitt Place Phase 1A Sec. 2 release from maintenance bond and acceptance by Town
  4. Burkitt Place Phase 2a, extend maintenance bond at same amount
  5. Winterset Woods Sec. 1 convert performance to maintenance bond, reduce to $202,500
  6. Winterset Woods Sec. 2 convert performance to maintenance bond, reduce to $75,000
  7. Winterset Woods Sec. 3 convert performance to maintenance bond, reduce to $47,400
  8. Winterset Woods Sec. 4A extend performance bond 6 months, reduce to $111,000
  9. Winterset Woods Sec. 4B extend performance bond 6 months, reduce to $111,000
  10. Bent Creek Phase 2, Sec. 1 reduce maintenance bond to $16,500
  11. Bent Creek Phase 2, Sec. 2 reduce maintenance bond to $12,600
  12. Bent Creek Phase 2, Sec. 3 reduce performance bond to $65,000
  13. Bent Creek Phase 2, Sec. 5 reduce maintenance bond to $18,000

o.        Ballenger Farms Phase 3 Sec. 2, extend maintenance bond at same amount
Commissioner Haines made a motion approve items 4a thru 4l and 4o as requested.  Commissioner Wilson seconded the motion.  The motion passed unanimously.

  1. Bent Creek Phase 3, Sec. 1 reduce performance bond to $48,500
  2. The Reserve at Bent Creek reduce performance bond to $64,000

Eric McNeely appeared on behalf of C&K Development.  The Developer requested to withdraw the reduction request for agenda items 4m and 4n, and will apply for a variance.  This withdrawal request was approved unanimously.

OTHER

Mayor Lothers stated that after a short break, the Trees and Trails workshop will begin.

ADJOURNMENT

Meeting was adjourned at 7:01 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-11 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Nolensville Elementary School
November 11, 2008 - 7:00 p.m.

Board Members Present:      Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Beth Lothers, Douglas Radley, Willis Wells, and Frank Wilson

Board Members Absent:          Rick Owens

Staff Present:                          Bob Notestine, Henry Laird, and Cathi Little

Citizens Present:                    11

CALL MEETING TO ORDER
The meeting was called to order at 7:00 p.m. by Vice Chairman Willis Wells. 

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Frank Wilson.

APPROVAL OF MINUTES
Mayor Beth Lothers made a motion to approve minutes from September 9, 2008, Commissioner Wilson seconded the motion.

Mayor Lothers noted the word “Planning” needs to be taken out on the last page, item 9.  Vice Chairman Wells stated that his name should be removed from the first page, “Board Members Present”.

The minutes, with the typographical errors corrected, were approved unanimously.

ANNOUNCEMENTS
Mayor Lothers thanked all veterans present for their service, in honor of Veterans Day.

CITIZEN COMMENTS
Larry Gardener, 2536 York Road, asked if the Board was proposing to change the zoning ordinance to allow commercial day care centers in the ER zone, and if so, to please think about it, as the ER zones are sparsely populated and that would significantly increase traffic on those small roads.  Mr. Gardener was advised that day care centers have always been permitted with conditions in the ER zone, and the Board did not intend to add that use, as it is already allowed with conditions.

NEW BUSINESS
  1. Proposed Zoning Amendment on allowing Daycare Centers as permitted uses; ER permitted w/conditions, revise conditions in 2.3.18.

Town Planner Henry Laird reviewed his recommended changes regarding zoning for day care centers.  Commissioner Bob Haines made a motion to approve the amendment, Commissioner Andy Grosson seconded; the motion passed unanimously.

  1. Proposed zoning amendment to allow special event uses in Historic home sites as a conditional use.

Mr. Laird reviewed staff recommendations regarding special uses at historic home sites. 

Mayor Lothers made a motion to approve the amendment, Commissioner Wilson seconded the motion. 

Mr. Laird further clarified that the property owner will go before the Board of Zoning Appeals one time for approval as to the frequency, type, size, etc. of events that can be held at that property.

Upon vote being taken, the motion passed unanimously.

  1. Consider CR area access plan for future commercial development

Planner Laird stated that the authority for this is in the Zoning Ordinance, under Article 3.4.3 - Access Plan.  It was discussed that this concept should be adopted prior to developers approaching the town regarding rezoning and building in this area.  This will be brought up before the board at a later date, after it has been reviewed by Tom Allen and he has given his input as to the environmental impact. 

OLD BUSINESS

  1. Report from last BOMA meeting

Mayor Lothers reported on the actions of the Board of Mayor and Aldermen that pertained to the Planning Commission.

OTHER BUSINESS

  1. Bonds:
  2. Bent Creek Phase 2, Sec. 4; developer requests release of maintenance bond and acceptance of public improvements by Town.

Mr. Laird stated that the Town Engineer, Don Swartz, recommends approval.  Commissioner Wilson made a motion to release the maintenance bond on Bent Creek Phase 2, Section 4, and to be accepted by the Town.   Commissioner Haines seconded the motion, which passed unanimously.

  1. Bent Creek Phase 4, Sec. 2; extend performance to 12/28/2010.

Mr. Laird stated that Don Swartz recommends extension and reduction of the bond to $50,374.00.  Commissioner Haines made a motion to extend the performance bond and reduce the amount to $50,374.00.  Commissioner Alexander seconded the motion, which passed unanimously.

  1. McFarlin Woods Phases 3 & 4; developer requests release of maintenance bonds and acceptance of public improvements by Town.

Henry Laird stated that Don Swartz, Town Engineer, could not recommend the release of the Phase 3 bond, as there is substantial repair work that still needs to be completed.  Mr. Swartz did, however, recommend that the bond for Phase 4 be released, and be accepted by the Town.

Kevin Hartman appeared on behalf of McFarlin Woods, LLC.  He stated that the developer is proposing that $50,000 to be deposited in escrow until completion of the road improvements. 

Attorney Bob Notestine stated that the project will remain in maintenance until the work is completed.  The only difference is that instead of the work being secured by a letter of credit from the bank, it will be secured by $50,000 in cash, which will be deposited and held by the Town until the work is completed.  Upon completion, the developer may come before the Planning Commission and ask for release from maintenance.  When release has been approved by the BOMA, the $50,000 will be returned to the developer.

Commissioner Wilson made a motion to release the maintenance bond and accept Phase 4 of McFarlin Woods by the Town.  Commissioner Alexander seconded the motion, which passed unanimously.

Commissioner Alexander made a motion to extend the maintenance bond on Phase 3 of McFarlin Woods for 1 year, and accept a $50,000 check to replace the letter of credit currently held to secure this bond. Bob Haines seconded the motion, which passed unanimously.

  1. Sunset Park; extend performance to 12/03/2010.

Mr. Laird stated that staff recommends approval.  Mayor Lothers made a motion to extend the Sunset Park performance bond at the current amount, Commissioner Wilson seconded; the motion passed unanimously.

  1. Haley Industrial Park; extend performance to 12/07/2009.

Mr. Laird stated that staff recommends approval.  Commissioner Wilson made a motion to extend the Haley Industrial Park performance bond at the current amount, Commissioner Haines seconded; the motion passed unanimously.

  1. Approval of Current Bond Report.

Mr. Laird stated that staff recommends approval of the bond report.  Vice Chairman Wells made a motion to approve the Bond Report, as amended.  Commissioner Happel seconded the motion, which passed unanimously.

OTHER
Mayor Lothers reminded the Board Members of the appreciation luncheon on Saturday at 11:30 a.m.  She also noted that the December Planning Commission meeting will begin at 6:00 p.m.  The Workshop portion for Trees & Trails will begin at 7:00 p.m.

ADJOURNMENT
The meeting was adjourned 8:02 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-10 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
October 14, 2008, 7:00 p.m.

Board Members Present:      Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Beth Lothers, Rick Owens, Douglas Radley and Frank Wilson

Board Members Absent:       Willis Wells

Staff Present:                          Attorney Rob Hill, Henry Laird, Cathi Little and Tom Allen

Citizens Present:                    14

Meeting was called to order at 7:03 p.m. by Chairman Rick Owens. 

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Chairman Owens.

APPROVAL OF MINUTES
Commissioner Frank Wilson made a motion to approve minutes of the September 9, 2008, Planning Commission Meeting; Commissioner Bob Haines seconded the motion, the motion passed unanimously.

ANNOUNCEMENTS
Mayor Lothers asked Board members to keep Saturday, November 15, 2008, around lunchtime available.  There will be a luncheon to honor all committee, commission, and board members, including the incoming members.
The Bennetts’ will be hosting a holiday party on November 29th, which is the Saturday after Thanksgiving.  An email will be sent out with the specifics.

Mayor Lothers asked that the December Planning Commission meeting be held earlier, starting at 6:00 p.m.  The Trees and Trails Committee would like to schedule a special workshop immediately following the Planning Commission Meeting.

CITIZEN COMMENTS

Alfred Bennett, 7286 Nolensville Rd., wanted to thank Commissioner Matt Happel for designing the park.  Thanks to Commissioner Happel, the lot located next to the Homeplace Bed and Breakfast is now Hyde Park, instead of a lot with a fence around it.
 
Lynda Moses, 2230 Rocky Springs Road, announced that the Nolensville Historical Society is now a 501c3 Nonprofit Organization.  She said that Gwen Miller is the new Chairman of the Preservation Committee.  Ms. Moses also noted that the 4th Nolensville Historical Society Journal is now on sale for $15.00.

NEW BUSINESS

  1. Site Plan for Chilvers Office & Industrial Building 

Mr. Joe Epps of Anderson, Delk, Epps and Assoc., was present on behalf of the project.

Chairman Owens made a motion to approve with the conditions that the dumpster fencing be painted to match the building color and landscaping be provided between the building and the parking lot, and shown in a revised landscaping plan to be presented to staff.  Commissioner Jimmy Alexander seconded the motion.  Commissioner Alexander noted that the building is currently straddling two lots.  Mr. Epps stated that those two lots will be combined into one lot after the property has been purchased by Mr. Chilvers, and will be reflected as such on the final plat. 

Commissioner Alexander made a motion to amend the first motion, adding that a plat will be recorded showing the two separate lots have been combined into one lot.  Mayor Lothers seconded the motion to amend.  The amendment was approved unanimously.

Upon a vote being taken, the original motion, as amended, was approved unanimously.

  1. Final Plat for Wahl Subdivision

Ms. Patricia Wahl, property owner, and Mr. Joe Epps were present on behalf of the project.  Mr. Laird stated that this is a three lot subdivision which will use a common driveway along a 50-foot easement.  Mr. Laird reviewed his comments and recommendations, stating that most of the changes have been made.  The only remaining condition is that the addresses of the lots be listed on the plat.  Chairman Owens made a motion to approve the final plat, with the condition that the assigned lot addresses will be added prior to the recording; Commissioner Haines seconded the motion.
Commissioner Alexander noted that there appeared to be a second driveway off Rocky Fork Rd.  Mr. Epps stated that driveway would be eliminated once the common driveway is completed.

Commissioner Alexander made a motion to amend the original motion to add the condition that the reference to the original driveway will be removed prior to recording; Mayor Lothers seconded the amendment; the Motion to Amend passed unanimously.

Upon a vote being taken, the original motion, as amended, passed unanimously.

  1. Proposed Zoning Amendment on Allowing Daycare Centers in Office/Industrial Districts

Mr. Laird reviewed his recommended changes to the zoning ordinance as it deals with daycare centers.  After extensive discussion, Commissioner Happel made a motion to approve Option 1; Commissioner Alexander seconded the motion.  Upon further discussion, Commissioners Happel and Alexander withdrew their motion.

Commissioner Wilson made a motion to defer this proposal until the November meeting; Mayor Lothers seconded the motion, which passed unanimously.

  1. Proposed Zoning Amendment on Allowing Some Retail Uses in Office/Industrial Districts

Mr. Laird reviewed his recommended changes to the zoning ordinance as it deals with allowing retail uses in the OI District.  Commissioner Wilson made a motion to amend section 2.2.7 of the Nolensville Zoning Ordinance to include general retail, restaurants, landscaping and nurseries in the OI District; Commissioner Haines seconded the motion, which passed unanimously.

  1. Proposed Zoning Amendment eliminating “flag lot” type development under Articles 3.4.8 and 3.4.9, and prohibiting gravel driveways in subdivisions as now allowed under Article 3.4.7 Private Roads

Mr. Laird reviewed his recommended changes to the zoning ordinance as it deals with flag lots and graveled driveways. 
Commissioner Andrew Grosson made a motion to eliminate the development of flag lots and prohibit gravel driveways in subdivisions; Chairman Owens seconded the motion.  After some discussion, Commissioner Grosson and Chairman Owens withdrew their motion.

Chairman Owens made a motion to prohibit gravel driveways, Commissioner Alexander seconded the motion, which passed unanimously.

Chairman Owens made a motion to eliminate the development of flag type lots; Commissioner Haines seconded.  Upon vote taken, the motion passed, with Commissioner Wilson opposed, Mayor Lothers abstaining, and the remainder of the Board present approving.

  1. Proposed Subdivision Amendments to Prohibit “Flag Lots” and Graveled Roads

Mr. Laird reviewed his recommended changes to the subdivision regulations as it deals with flag lots and graveled roads.
Chairman Owens made a motion to defer this matter until after the Board of Mayor and Aldermen have made a decision on the zoning ordinance amendment.  Mayor Lothers seconded the motion, which passed unanimously.

OLD BUSINESS:

  1. Report from last BOMA meeting

Mr. Laird stated that a public hearing on ordinance #08-09, an ordinance to amend Zoning Ordinance #04-09, pertaining to sign regulations in Appendix A was held, and the ordinance is now scheduled on for second reading. 

Ordinance #08-11, an ordinance to amend Zoning Ordinance #04-09, to approve a stand alone flood plain ordinance, was passed on first reading.

At 8:45 p.m., there was a brief recess.  The meeting resumed at 8:52 p.m. 

OTHER BUSINESS:

  1. Monthly Bond Report
Request from Bent Creek Developers to be released from maintenance bonds and acceptance for maintenance by the Town on:

Phase 1, Sections 2A, 2B, 3A, 3B, 4A and 4B;
Eric McNeely, of CK Development, asked to get this Commission’s approval to go before the Board of Mayor and Aldermen next month to be released from the maintenance bonds and have the Town of Nolensville accept the roads.
Mayor Lothers made a motion, per staff recommendations, for the Town to accept the roads and to release the developer from the maintenance bonds, with the contingency that $14,136 be provided until the repairs have been completed by December 1, 2008, and that all the easements are signed or adequate funds are guaranteed to rectify all the easement issues.  Commissioner Douglas Radley seconded the motion.

Commissioner Wilson noted that the litigation regarding the New Clovercroft Road has been settled.

After some background information was reviewed and discussed, the motion passed unanimously.

Request from Bent Creek to reduce and extend the performance bond on Phase 5, Section 1 to $181,000.
Commissioner Happel made a motion to approve the reduction of the performance bond; Commissioner Haines seconded, motion passed unanimously.

Commissioner Wilson made a motion to approve the monthly bond report; Commissioner Haines seconded, the bond report was accepted unanimously.

  1. Other
Vice Mayor Tommy Dugger, 2260 Rolling Hills Dr., asked that a copy of the documents the Board is discussing during a meeting be circulated throughout the audience.

Mayor Lothers wanted to thank Alderman Alexander and Don Swartz, Town Engineer, for accompanying her to the Williamson County Commission meeting, where the easement in the historic area for the sewer extension was approved.  They also approved the land swap with the family concerning in the eastern access to the ball park.  This allows the Town to offer the family their full acreage amount be kept intact, and it is also the Town’s intention to compensate them for the 6,442 square feet that the Town is purchasing.  Mayor Lothers further stated that there is additional information and visuals posted on the Town’s website.

Mayor Lothers asked the Commission to consider the concept of possible ways to enable special events to be held at Janice Green’s historic home on Rocky Fork Rd.

10.  Adjournment
The meeting was adjourned at 9:28 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-09 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
September 9, 2008, 7:00 p.m.

Board Members Present:       Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Beth Lothers, Rick Owens, Douglas Radley, Willis Wells, Frank Wilson

Staff Present:                      Bob Notestine, Henry Laird, Cathi Little, Tom Allen

Citizens Present:                  8

The meeting was called to order at 7:00 p.m. by Chairman Rick Owens.

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Willis Wells.

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes of the August 12, 2008, Planning Commission Meeting; Commissioner Frank Wilson seconded; the motion passed unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS
Zoning Ordinance Amendment:

Site Plans:

1.        Swainston Office Complex Located in Haley Industrial Park

Appearing on behalf of the project were Tom Anderson, Architect, and Michael Garrigan, with Dale & Associates, as Engineer.

Commissioner Wells made a motion to approve the site plan; Commissioner Haines seconded. 

Commissioner Alexander made a motion to amend the first motion to remove retail as a possible use at this site, as it is not a permitted use within the OI district; Commissioner Happel seconded the motion; the amendment passed unanimously.

The Motion to approve the site plan for the Swainston Office Complex, located in Haley Industrial Park, as amended, passed unanimously.

Zoning Amendment:

2.        Amendment to remove the flood plain regulations and flood plain overlay regulations from the zoning ordinance (to be replaced by a stand-alone ordinance)

Commissioner Wilson made a motion to approve the Zoning Amendment to remove the flood plain regulations and flood plain overlay regulations from the zoning ordinance (to be replaced by a stand-alone ordinance); Commissioner Radley seconded; the Motion passed unanimously.

OLD BUSINESS:

3.        Report from last BOMA meeting, Mayor

Second reading of Ordinance 08-08, an Ordinance to amend Zoning Ordinance 04-09 pertaining to buffering and tree planting in Appendix B, as recommended by Planning Commission, passed. 

First Reading of Ordinance 08-09, an Ordinance to amend Zoning Ordinance 04-09 regarding sign regulations in Appendix A also passed.

OTHER BUSINESS:

4.        Monthly Bond Report

a.               Bond Report
                                            i.             Brittain Downs Phase 1
                                           ii.             Ballenger Farms Section 1
                                         iii.             Ballenger Farms Section 2

Commissioner Haines made a motion to accept the bond report and approve the requested extensions of the bonds for 1 year for Brittain Downs, Phase 1; Ballenger Farms, Section 1; and Ballenger Farms, Section 2; Commissioner Alexander seconded; the motion passed unanimously.

5.        Other

Mr. Laird stated that there has been a request to possibly put a daycare center in one of the out parcels for Brentwood East – Regency Center.  The CR zoning district, doesn’t allow a daycare center as a permitted use or permitted with conditions.

Commissioner Haines made a motion to have staff look into this and give an overview of the various state requirements, safety issues, the Town’s requirements in the areas where a daycare is permitted, and to make recommendations to the Planning Commission; Commissioner Wells seconded. 

After some discussion, the Motion passed unanimously.

Trees and Trails Committee –update

Joyce Powers, Chairman of the Trees and Trails Committee provided an update of the different projects the Committee has been working on.  She stated that they have requested Williamson County Parks & Recreation to fund, design and build a trail from the existing park at the parking lot near Nolensville Road and to come through past the ball fields along Creekside to across the street from the proposed new recreation center.  They are hoping to eventually see that connecting to the new elementary school so that there would be a safe route between the elementary school and the recreation center.  Nashville Business Products has already paved a sidewalk behind their property, almost up to Newsome Lane.  The Dog Park will be located at the end of parking lot of the Rocky Fork ball fields, to the left of the football field.  There will be a recommendation made to the Planning Commission for some bike lanes to be put into the existing developments.

The Committee is also working on a master plan for trails for the entire Nolensville Community.  A master plan will be needed to apply for grants in the future.

The Trees and Trails Committee usually meets once a month at 1:00 p.m. on a Friday.

The Committee would like to see a pedestrian bridge connect the new creek side trail system at the park to the historic area.  The goal is to connect all of the communities in Nolensville so they are walkable.

Office Industrial District

Commissioner Alexander asked, with the other Board members’ approval, to have Mr. Laird look into the possibility of allowing some specialized retail, either permitted or permitted with conditions, in the OI district in the future.

6.        Adjournment
The meeting was adjourned at 7:53 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-08 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
August 12, 2008, 7:00 p.m.

Board Members Present:       Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Beth Lothers, Douglas Radley, Frank Wilson

Board Members Absent:        Rick Owens, Willis Wells

Staff Present:                      Tom Allen, Henry Laird, Cathi Little, Bob Notestine

Citizens Present:                  14

CALL MEETING TO ORDER
The meeting was called to order at 7:04 by Matt Happel, Planning Commission Secretary. 

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Happel.

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes from the July 8, 2008 Planning Commission meeting, Commissioner Frank Wilson seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS

Linda Moses, 2230 Rocky Springs Road.  Ms. Moses expressed her desire to see the historic district restored and the new town hall to be in that area, such as the McCord house or some other historic structure.  She stated that she did not like the idea of the town hall being in a strip mall.  Ms. Moses asked the Mayor to reconsider and appoint another committee to look at other locations for a new town hall. 

Tommy Dugger, 2260 Rolling Hills – announced that there will be a public hearing held on Monday, August 25, 2008, for the special assessment sewer district.

Mayor Lothers stated that there are a lot of steps that have to happen before the resolution is ready.  They will do their best to have it ready by then, but if that isn’t possible, one recommendation was to have the public hearing at the next BOMA meeting, then call a special meeting 2 weeks later to hear the resolution.

Bob Notestine said that it is ambitious to try and get everything done by August 25th.  He noted that there is a lot of material that must be attached to the resolution, such as preliminary cost estimates for the sewer system, an engineer has to sign off on it, a map has to be prepared of the district, and all the parcels, owners and addresses have to be identified.

Mrs. Bennett asked if it would help to have more property owners’ signatures on the petition.  She knows of several that do not live in the area.

Bob Notestine said that only 51% of the owners of the value in the district are required, but the more there are, the stronger the mandate would be.

Commissioner Jimmy Alexander said that he will get a copy of the petition from Town Hall to Mrs. Bennett.

NEW BUSINESS

Zoning Ordinance Amendment:

1.    Proposed amendment to revise standards for window signs.

Amendment creates a new section under Appendix A Sign Regulations, that sets maximum area allowed for window signage.

Henry Laird reviewed the proposed amendment to Appendix A, Sign Regulations that is based on input from staff and the design review committee.  This amendment is to make the regulations clearer regarding the amount of coverage of windows and doors for permanent signs and temporary signs; to allow window signage without permits; require master signage for multi-tenant buildings; monument signs, etc.

There was some discussion as to the Town’s ability to enforce requiring the Town’s regulations included in leasing agreements.

Commissioner Wilson made a motion to amend Appendix A, as recommended by staff, excluding section 6, Commissioner Alexander seconded, the motion passed unanimously.

2.    Discussion of alternatives for amending zoning ordinance, floodplain regulations, and storm water ordinance to affect a change for appeals to the Storm Water Appeals Board.

Tom Allen discussed what Williamson County, Franklin and Brentwood’s floodplain regulations and appeals processes are and what the National Flood Insurance Program says about floodplain regulations and ordinances.  He further discussed the alternatives that the Town has regarding floodplain appeals, regulations and ordinances.

Mr. Allen offered 3 options:

1.    Amend zoning ordinance to allow appeal of floodplain and floodway requirements to Storm Water Appeals Board
2.    Pull floodplain and floodway requirements out of zoning ordinance and put in Storm Water Ordinance
3.    Pull floodplain and floodway requirements out of zoning ordinance and put in stand alone floodplain ordinance

After some discussion, it was agreed that option 3, a stand alone floodplain ordinance, was the best option.  Mr. Allen will prepare a draft of a stand alone floodplain ordinance for the board to review.

OLD BUSINESS:

3.    Report from last BOMA meeting, Mayor
 
Mayor Lothers reported that at the last BOMA meeting there was a Public hearing on ordinance 08-08, an ordinance to amend Zoning Ordinance #04-09, pertaining to buffering and tree planting in Appendix B.

OTHER BUSINESS:

4.    Monthly Bond Report

             Bond Report
                 i.          Benington Phase 2 performance bond extension
                ii.          Benington Phase 3 performance bond extension
               iii.          Bent Creek  PUD Phase 2, Section 3, performance bond extension
              iv.          Ballenger Farms Phase 3, Section 1, performance bond extension

Commissioner Alexander made a motion to accept the bond report and approve the requested extensions.  Commissioner Haines seconded the motion.  The motion passed unanimously.

OTHER:
None

ADJOURNMENT:
The meeting was adjourned at 7:51 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-07 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Old Elementary School Building
July 8, 2008 - 7:00 p.m.

Board Members Present:    Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Rick Owens, Douglas Radley, Willis Wells, and Frank Wilson

Staff Present:                   Tom Allen, Skip Heibert, Henry Laird, Cathi Little and Bob Notestine

Citizens Present:               20

CALL MEETING TO ORDER
The meeting was called to order at 7:03 p.m. by Chairman Rick Owens. 

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Frank Wilson.

APPROVAL OF MINUTES
Commissioner Willis Wells made a motion to approve the minutes from the June 10, 2008, meeting; Commissioner Wilson seconded the motion.  Commissioner Andy Grosson noted that on Page 2, Item 1, the year should be 2008, not 2009.  The minutes were approved unanimously, with the typographical change.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
Linda Moses, 2230 Rocky Springs Road.  Ms. Moses thanked the Board regarding the increased enforcement of the sign ordinance, stating she felt the Town looked much better with fewer developer and fireworks signs posted.  Ms. Moses also spoke on her opinions on fast food restaurants.

NEW BUSINESS:

Site Plan Review:

  1. Revised site plan for Brentwood East – Regency Centers Phase 1 adding additional outparcel, Lot 6

Henry Laird, Town Planner, briefly discussed the request, and stated that staff recommends approval with the proposed landscaping revisions, performance bonding and all previous conditions placed on this project by the Commission.

Commissioner Matt Happel made a motion to approve the revised site plan, Bob Haines seconded the motion.  Skip Heibert, the Town’s landscape consultant, discussed his recommendations for landscaping revisions per his letter dated July 8, 2008, which is reiterated below:

1.   Plant materials installed offsite to fulfill the Regency Center requirements shall be located within recorded buffer easement.  Forty feet width is recommended.

2.   No plant materials installed to meet the Regency Center requirements shall be used to fulfill the Burkitt Place requirements.

3.   The plantings shown on this submittal shall not count toward meeting the ordinance requirements for the future outparcel submittal.

4.   Existing forested area on the Burkitt Place property and the south end of the bufferyard shall be allowed to fulfill the bufferyard requirement for 150’ of length of the required bufferyard.  A 40’ dedicated landscape buffer easement shall be established for the preservation of these trees.

5.   Plantings along the common boundary between Regency Center and Burkitt Place shall be spaced out over a 40’ width between the toe of the slope on the eastern side of the berm to the top of slope along the rear of the Home Depot site.  This allows the trees to grow in width as they mature and therefore provides a more substantial buffer over the long term.

6.   Canopy trees shall be planted around the common boundary with the outparcel per the ordinance requirements.  Shrubs shown on the plan shall remain.

7.   A maintenance agreement shall be written and recorded outlining the parties responsible for the short term and long term maintenance of the bufferyard plantings.

Commissioner Happel amended the motion to approve the revised site plan to include the proposed landscaping revisions dated July 8, 2008, as submitted by Mr. Heibert; submittal of the revised landscaping plan; recording of a landscape maintenance agreement; performance bonding and staff recommendations.  Mayor Lothers seconded the motion.

The Motion, as amended, passed unanimously.

Zoning Amendment:

  1. Revised final plat for Brentwood East – Regency Centers Phase 1, adding Lot 6

Henry Laird, Town Planner, briefly discussed the revised final plat, and stated that staff recommends approval.
Mayor Lothers made a motion to approve, Commissioner Wilson seconded.  The motion passed unanimously.
Subdivision Regulation Amendment:

  1. Public Hearing on Subdivision Amendment on Temporary Dead-End Roads Section.

The public hearing began at 8:00 p.m.  Planner Laird discussed the proposed amendment.

Larry Gardner, 2536 York Road.  Asked how these would be handled, as there will be occasions when the Town would not want to continue the road to the property line.  Mayor Lothers stated that was why this Amendment has been proposed, to give the Planning Commission the ability to make that decision as needed.

The public hearing ended at 8:05 p.m.

  1. Subdivision Amendment on Temporary Dead-End Roads Section (Attachment A).

Commissioner Wells made a motion to approve the subdivision amendment.  Commissioner Bob Haines seconded.
Planner Laird briefly reviewed the proposed changes. 

The motion passed unanimously.

  1. The Reserve at Bent Creek: Request for approval of roads to be topped out before 80% build out.

Chairman Rick Owens made a motion to approve, Commissioner Haines seconded.

Planner Laird reviewed the staff notes and Engineer Don Swartz’ letter.  He further stated that he believes it would be premature to approve at this time due to the ongoing construction traffic’s impact on the road. 

Eric McNeely, CK Development project engineer, stated that of the total 89 lots, 32 have been completed.  To reach 80% completion, 4 additional homes would need to be completed.  At the request of the builder and some of the residents, they are asking to repair the road and top it out at 70% to enhance the aesthetic appearance and marketability.  He further stated that if the Town would like, the possibility of a temporary construction entrance could be explored.
A vote was taken, and the motion passed unanimously.

OLD BUSINESS:

  1. Report from last BOMA meeting, Mayor Beth Lothers

First reading of previously discussed Amendment 08-08, an amendment to Zoning Ordinance pertaining to buffering and tree planting for CR Zoning in Appendix B.  This passed unanimously.

OTHER BUSINESS:

  1. Monthly Bond Report
    1. Bond Report
1.        Bent Creek PUD Phase 2 Section 3 to go to Maintenance

Eric McNeely, CK Development, requested to transition this bond to maintenance at its expiration date of August 10, 2008.  He stated that he has a commitment from his contractor that the curb repair and final topping will be completed by that date.  The contractor will submit a commitment letter to the town.

Chairman Owens made a motion to approve item 1, the Bent Creek PUD Phase 2 Section 3 Request to go to Maintenance, Commissioner Wells seconded.  Upon a vote being taken, the motion was denied unanimously, since required work has not been completed.

2.        Catalina Subdivision Phase 1 Extension

          Chairman Owens made a motion to approve item 2, the Catalina Subdivision Phase 1 Extension, Commissioner Haines seconded.  The motion passed unanimously.

OTHER

  1. Other

Chairman Owens and Mayor Lothers commented on how smoothly the July 4th festivities went and wanted to thank the Town Events Committee, Police and Fire Departments, volunteers and those who helped make it a success.  Mayor Lothers wanted to thank the Sponsors who provided most of the funds.  Mayor Lothers asked that the residents thank the sponsors, frequent their businesses and show your appreciation.

Commissioner Happel noted that the Design Committee will be meeting to discuss and clarify the sign ordinance as it pertains to permanent window signage.  He further stated that any emails for suggestions would be appreciated.

ADJOURNMENT
Chairman Owens adjourned the meeting at 8:45 p.m.

Approved,

Matt Happel                                                   
Planning Commission Secretary
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section of Subdivision Regulations Considered for Amendment to allow buffering at end of temporary dead-end road and extension of right-of-way for future connection.

(Excerpted from Section 5.3.k.)

Proposed changes are described or stated in Bold.

k.   Construction of Roads and Dead-End Roads

   i.    Construction of Roads - The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is possible for convenient movement of traffic, effective fire protection, efficient provision of utilities and where such continuation is in accordance with adopted plans. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. An appropriate temporary turnaround and signage may be required where deemed necessary in accordance with 5.3.K.l.iii. following.

   ii.   Permanent Dead-End Roads - When a road does not extend to the boundary of the subdivision and its continuation (immediately or in the future) is not required by the Planning Commission for access to adjacent property, its terminus normally shall be of sufficient distance from such boundary to allow for appropriate development of the intervening land. A permanent turnaround shall be provided at the end of all permanent dead-end roads. Circular turnarounds shall be provided whenever possible; however, where appropriate, other types of turnarounds may be approved. In predominately developable areas where connection of local roads is not restricted because of topographic or environmental constraints, the following table shall govern maximum cul-de-sac length:

TABLE V-1

Average Lot Size Maximum Length
1.5 acres 1500’
1.0 acre 1000’
0.5 acre or less 700’

In cases of significant topographic or environmental constraints, the Planning Commission may waive these maximum lengths.

The paragraph that reads as follows (italics) should be deleted to not require landscaped islands at a turnaround.
All cul-de-sac roads shall provide landscaped islands at the turnaround. At a minimum, landscaped islands shall be grassed and contain at least three (3) 2”-2.5” canopy trees. More specific standards are contained within Appendix F of these Regulations.  (delete above paragraph)

All permanent dead-end roads shall be so designated with appropriate signage on the roads. Long dead-end roads, particularly those with sub-roads, may require additional signs.

To promote a continuous pedestrian network, the Planning Commission may require a paved walkway within a 15’ easement, which shall be in addition to the building setbacks, to connect an existing or future street or walkway.
   iii. Temporary Dead-End Roads - When a road is approved as a Temporary Dead-End and the Planning Commission indicates eventual connection to adjoining property, then such dead-end shall meet the following criteria:

*   No permanent turn-around area shall be provided. The road shall be built to the edge of the property line with temporary turn-around area provided. (change preceding sentence to read) The road shall be built to the edge or the property line with temporary turn-around area provided, including hammerhead design or cul-de-sac but the Planning Commission may require that the finished construction of the road be delayed and a landscape/screening buffer be installed to meet the standards of Appendix B, 1.6.10, until future development is to be connected to this road.

*   A barricade shall be erected with a sign of permanent construction stating "Future Through Street, Subject to Extension by the Town of Nolensville for Traffic Safety and Public Access". Said signage’s lettering shall be a minimum of 1.5" in size.

Temporary dead-ends may exceed the length noted in Table V-1, as approved by the Planning Commission.
All temporary dead-ends shall be so designated with appropriate signage at the entrance to the roads. Long dead-end roads, particularly those with sub-roads, may require additional signs.

If an applicant is required to extend a temporary cul-de-sac to obtain proper traffic circulation, the Planning Commission may require the applicant to construct sidewalks on the former temporary cul-de-sac (add phrase) or turn-around to insure safe pedestrian circulation.

   iv.  Access to Publicly Maintained Roads - Within a proposed subdivision, no new roads shall be accepted for public maintenance when such roads are not directly accessible by an existing publicly maintained road.
2008-06 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Old Elementary School Building
June 10, 2008 - 7:00 p.m.

Board Members Present:    Jimmy Alexander, Andy Grosson, Bob Haines, Matt Happel, Rick Owens, Douglas Radley, Willis Wells, and Frank Wilson

Board Members Absent:     Mayor Beth Lothers

Staff Present:                   Tom Allen, Henry Laird, Cathi Little and Bob Notestine

Citizens Present:               27

CALL MEETING TO ORDER
The meeting was called to order at 7:06 p.m. by Chairman Rick Owens. 

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Frank Wilson.

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes from the May 13, 2008, meeting; Commissioner Wilson seconded the motion.  Commissioner Wilson noted that on page 2, item 1, paragraph 5, “Matt” should be changed to “Commissioner Happel”.  The motion was passed unanimously, with the correction of the typographical error.

ANNOUNCEMENTS
Chairman Owens announced that Mayor Lothers asked to schedule a workshop with the Planning Commission, Board of Mayor and Aldermen, Design Review Committee and Economic Development Committee.  The purpose of the workshop is to discuss the potential Town Center Redevelopment Project.  The workshop was scheduled for June 26th at 7:00 p.m.

CITIZEN COMMENTS
Alfred Bennett, 7286 Nolensville Road, Homeplace Bed and Breakfast.  Mr. Bennett spoke on his thoughts of the Town’s image. 

Linda Moses, 2230 Rocky Springs Road.  Ms. Moses spoke on her thoughts of the Town’s code restrictions and the Rocky Fork Road issue.

NEW BUSINESS:

Site Plan Review:
  1. Advance Auto Parts Site PlanProposed new business location at 7211 Nolensville Rd.

This is a proposed new business to be located between Martin’s BBQ and the old Glazy Days.  The owner/developer is AA Nolensville, LLC, Charles Overton; the project manager is Jones, Blair, Waldrup and Tucker, Inc., represented by Mark Stephens.  This project was submitted for the May meeting but was deferred by the applicant after the Town had substantial comments dated April 22, 2008, including Tom Allen’s comments on storm water related issues.  The applicant resubmitted on May 21, 2008, with revisions indicated in the site plans and architectural renderings. The applicant has made significant changes to the design elements, parking areas and landscaping based on the Town’s comments.

Staff recommends that the site plan be approved with the following conditions:

  1. That the applicant abides by the letter from Mark Stephens, Project Manager, dated May 29, 2008, assuring that all requirements in the Town’s responses of May 28, 2008, and Tom Allen’s comments of May 29, 2008, will be met.
  2. That revised sets of site plans and architectural renderings be submitted that reflect all of the changes mentioned in item 1 above.
  3. The lighting posts and luminaries must meet the Town’s suggested list.
  4. That applicant must post performance bonding in the amount of 110% of the estimated costs of landscaping materials and installation of the improvements prior to obtaining building permits with the project landscape architect providing a detailed estimate of the value of the improvements to Town Staff. (ref. App. B 1.2.2 F).

Tom Allen stated that all his comments had been satisfactorily addressed.

Commissioner Willis Wells made a motion to approve the Advance Auto Parts Site Plan with the staff recommended conditions; Commissioner Jimmy Alexander seconded.  The motion passed unanimously.

Zoning Amendment:

  1. Proposed amendment to Appendix B Landscaping, Buffering to add buffering for developments in the CR zoning district and revise the recommended tree list (Attachment A).

Commissioner Matt Happel made a motion to approve the proposed amendment to Appendix B of the Nolensville Zoning Ordinance; Commissioner Haines seconded.  Chairman Owens noted there was a typographical error under section 1.6.10 landscape buffer yard requirements table, 2nd sentence the word “meet” should be changed to “met”.  The motion passed unanimously with the correction of the typographical error. 

Subdivision Regulation Amendment:

  1. Proposed amendment to Sections 5.3.k and 5.3.l to allow buffering at end of temporary dead-end road and extension of right-of-way for future connection (Attachment B).

Commissioner Haines made a motion to approve the amendment to Sections 5.3.k and 5.3.l of the Nolensville Subdivision Regulations; Commissioner Andrew Grosson seconded.  The motion passed unanimously.

OLD BUSINESS:

  1. Report from last BOMA meeting, Henry Laird

Proposed amendment #08-06 regarding the storm water ordinance.  The amendment would grant variance authority on storm water, erosion control and floodplain regulations to the storm water appeals board.  The Amendment passed on first reading.

Proposed amendment #08-07 regarding amending the zoning ordinance to transfer the power to grant variances on storm water, erosion control and floodplain regulations from the Board of Zoning Appeals to the Storm Water Appeals Board.  That amendment was tabled for further study to check into all the legalities as to whether or not this can or should be done.

Commissioner Alexander noted that the BOMA passed the budget with one vote against it.  He further stated that the budget was passed without any layoffs and without a property tax increase.

OTHER BUSINESS:

  1. Developer Bonds

a.   Bonds that were Extended and/or Reduced:            
1)  Bent Creek - The Reserve - LOC L067798
Reduced to $138,000 – Extended to June 8, 2009
2)  Bennington – Phase 4 – LOC 6113472
Extended to June 16, 2010
3)  Bent Creek – Phase 3 – LOC 6102581
Reduced to $81,000 – Extended to June 16, 2010
                       
b.   Bonds Due to Expire - notices sent:
1)  Catalina, Phase 1
LOC L074249 - $97,000.00
Expires on 8/1/2008
2)  Bent Creek, Phase 2, Section 3
LOC 6104106 - $120,000.00
Expires on 8/10/2008     

c.   Summary Bond Report
Chairman Owens made a motion to approve the Bond Report; Commissioner Happel seconded.  The Motion passed unanimously.

OTHER
Henry Laird stated that staff is working with several people, including Commissioner Happel, discussing the Town’s sign ordinance and window sign regulations.  They are trying to simplify it, as it is currently confusing with too many rules for different types of window signs.

ADJOURNMENT
Chairman Owens adjourned the meeting at 7:44 p.m.

Approved,

Matt Happel                                      
Planning Commission Secretary

Click to View Attachments A and B
2008-05 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Nolensville Elementary School
May 13, 2008, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andrew Grosson, Bob Haines, Matt Happel, Mayor Lothers, Rick Owens, Douglas Radley, Frank Wilson, and Willis Wells

Staff Present:  Tom Allen, Henry Laird, Cathi Little, and Bob Notestine

Citizens Present:  31

CALL MEETING TO ORDER
Chairman Rick Owens called the meeting to order at 7:01 p.m.

PLEDGE OF ALLEGIANCE
Commissioner Willis Wells led the Pledge of Allegiance.

APPROVAL OF MINUTES
Chairman Owens noted that on page 1, 3rd paragraph, “Willis” is spelled incorrectly.  Commissioner Frank Wilson noted that on page 4, 4th paragraph, the word “refer” should be “defer.”

Mayor Lothers made a motion to approve the minutes of April 8, 2008, with the correction of the above referenced typographical errors, Commissioner Wilson seconded, the motion passed unanimously.

ANNOUNCEMENTS
Mayor Lothers announced that Ms. Debbie Riddle, who had served as a Planning Commissioner on our Board, has passed away.

CITIZEN COMMENTS
Brian Truman, 3232 Locust Hollow in Bent Creek, Board member of Bent Creek Home Owners Association.  Mr. Truman stated that he is representing the residents of Bent Creek, and that they are opposed to the developers’ decreasing the lot sizes as proposed for Phase 7, Section 1.  He reported that they are opposed for the same reasons that he has spoken to the last 2 months:

-     “Article 2.2.10.B.3 of the Nolensville Zoning Ordinance says, in part, ‘…shall be substantially consistent with the approved concept plan…’  The residents feel the proposed change will be a substantial change and not consistent with the approved concept plan
-     The residents feel that prior changes to each section have been improvements, but this would be a step backwards
-     The Bent Creek marketing material listed Turnberry and Jones as the builders in that area, since there are going to be other builders, the residents feel that the homes proposed will be substantially different than what was originally proposed to be there
-     They also feel that the different homes by different builders would bring a different aesthetic look to that part of Bent Creek
-     The residents’ opinion is that smaller lots and smaller homes also decrease the value of the existing homes in that area.”

Mr. Truman presented a petition signed by over 140 residents (Attachment A), against the proposed smaller lot sizes.

NEW BUSINESS:

Subdivision Review:

  1. 1.     Bent Creek Final PUD Plan, Phase 7, Section 1
    Proposes 16 lots varying in widths of 51’ to 56’ wide near Bitticks Creek Dr.
Staff feels that the proposed change in lot sizes and number of lots is a substantial change proportion-wise from what was originally approved, and not consistent with the original concept plan.  Chairman Owens made a motion to approve the Bent Creek Final PUD Plan, Phase 7, Section 1, Commissioner Happel seconded. 

Commissioner Jimmy Alexander stated that in some places, when you have a Planned Unit Development like Bent Creek, it is always described as a “plan certain,” which means whoever buys into this plan can be assured, that the plan will be developed just as it was approved by the legislative body.  The people buying in to the plan can rightly expect then that the open space, amenities, and all the lots will be built as the plan indicates.  “I believe that staff is correct that the scope of this proposed change to the plan is beyond what the Planning Commission should approve.”

Mayor Lothers stated that she thinks that it is not substantially consistent with the original plan.  “I am aware that this applicant has come before the commission to enlarge lots in another phase, and again this body has entertained any requests.  But in terms of policy direction, the Town has pursued some larger lot concepts and so that request was in sense in line with the policy change for the Town but it was also not a reduction in lot sizes, but an increase.” 

Eric McNeely, Land Development Manager, C K Development, stated that he is here at the request of a client who has asked them to have the Town review the design change.  He isn’t here to waste any time, he is just here at the request of their client, Newmark Homes.

Commissioner Happel suggested that C K Development use the same philosophy on the other side, like the green signs at the bridge section that says “Welcome to the Reserve at Bent Creek”.

The vote was taken, the motion failed to pass, with all members voting against the motion.

  1. 2.     Burkitt Place, Phase 2F Final Plat (Edinburgh Way area)

Town Planner, Henry Laird, reported that the boundary question on the west side has been resolved, the developer has quit-claimed the section in question to the Nichols.  The west side buffer area by the creek that had been disturbed has been seeded with grass.   The hammerhead turnaround has been moved closer to the lots, leaving a 20 foot buffer area. They have submitted a revising landscaping plan showing the increased buffering.

Staff recommends approval with the changes that have been made and performance bonding in the amount of $153,345 for infrastructure and $4,078 for landscape installation.  Commissioner Happel had recommended that a few more trees be added to the area at the end of the street buffer area, and the developer has agreed.

Chairman Owens made a motion to approve with bonding being provided in the amount of $153,345 for infrastructure and $4,078 for landscaping.  Jimmy Alexander seconded.  The motion passed unanimously.

  1. 3.     Ballenger Farms, Phase 4, Section 1 Final Plat

The developer has responded satisfactorily and has made the revisions on the plat.  Staff recommends approval with the performance bonding to be set at $290,219 for street and drainage infrastructure and $20,750 for landscaping.
Commissioner Wilson made a motion to approve with performance bonding set at $290,219 for the street and drainage infrastructure and $20,750 for landscaping, Chairman Owens seconded.  Motion passed unanimously.

Site Plan Review

  1. 4.     N-Town Storage – Lot 21 Haley Industrial Park

Staff recommends approval with the condition that the color of the light poles and fixtures be black.  The applicant has requested that this be a low-use parking area, and not be required to pave, but to use gravel.  Chairman Owens stated he is concerned about the gravel area becoming weeded. 

Chairman Owens made a motion to approve the site plan with the conditions that full cut-off lighting will be installed with black fixtures, that the gravel parking area will also include as part of the construction a weed mitigation effort in the form as weed-stop fabric or something similar, to prevent it from becoming a weedy space, and with a landscaping bond set in an amount agreed upon between the applicant and Town Engineer.  Commissioner Happel seconded. 

Chairman Owens asked if the applicant would agree to weed mitigation efforts being made on the front-end in the form of weed-stop fabric or an equivalent prevention measure to mitigate the growth of the weeds.

Mr. David Watson, owner, stated they intend to pave the lot as soon as fiscally possible, but they do agree to make weed mitigation efforts on the front-end. 

Future paving can be reviewed at staff level, if it substantially meets the required standards.

A vote was taken on the motion, with the understanding that applicant has agreed to install weed mitigation efforts.  The motion passed unanimously.

ZONING AMENDMENT

  1. 5.     Proposed revisions to zoning ordinance and storm water regulations to authorize storm water appeals board to determine variances regarding floodplain, storm water and erosion control regulations.

The floodplain requirements are in the zoning ordinance.  Any requests for variances to the Zoning Ordinance currently go before the Board of Zoning Appeals.  Appeals to the Storm Water Ordinance go before the Storm Water Appeals Board.   The proposed change would have all storm water related requests for variances go before the Storm Water Appeals Board.  One ordinance will amend the Storm Water Regulations, and the other will amend the Zoning Ordinance. 

Commissioner Happel made a motion to recommend approval of both of the proposed ordinances, Commissioner Alexander seconded.  The motion passed unanimously.

OLD BUSINESS

Joseph Tiratto’s objection to building in Bent Creek Phase One, Section 2B, lot 225.

Staff responded to another letter of complaint from Mr. Tiratto regarding lot 225, next to him.  The surveyor and staff have checked and the lot is within the Town’s requirements.   Staff believes he is measuring at the curb, not at the property line.

  1. Report from last BOMA meeting

The Mayor was not at the last BOMA meeting.  Henry Laird reported the BOMA had the public hearing on rezoning on Yazdian properties, and then had the second reading, which was approved.

  1. Monthly Bond Report
  1. a.     Bond extensions and reductions

1)  Bent Creek - Phase 2, Section 2 - LOC 6101879
Expires 05/22/2008 current bond amount - $42,000.00
- Developer requests to move to maintenance and reduce the bond
   to $30,000

Staff recommends approval.  Chairman Owens made a motion to approve the Bent Creek, Phase 2, Section 2 performance bond moving to a maintenance bond and reducing it to $30,000; Willis Wells seconded.  Motion passed unanimously.

2)  Bent Creek - The Reserve -LOC L067798
Expires 06/08/2008 – current bond amount - $195,000.00
- Developer requests to extend the bond, and reduce to $138,000

Staff recommends approval.  Willis Wells made a motion to approve the reduction of the Bent Creek Reserve performance bond to $138,000.  Bob Haines seconded.  Motion passed unanimously.

  1. b.     Bond Report
Chairman Owens made a motion to accept the summary bond report, Commissioner Happel seconded, the motion passed unanimously.

OTHER
Mayor Lothers noted that the Trees and Trails Committee could use a few more good people.  The Committee will come to Planning Commission to get approval.  The Board of Mayor and Aldermen will make determinations for funds.  The Committee will meet on Friday with Bob Finestine, of Williamson County Parks and Recreation.

ADJOURNMENT
Chairman Owens adjourned the meeting at 8:01 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-04 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Nolensville Elementary School
April 8, 2008 - 7:00 p.m.

Board Members Present:      Jimmy Alexander, Andrew Grosson, Bob Haines, Matt Happel, Mayor Beth Lothers, Rick Owens, Douglas Radley, Willis Wells and Frank Wilson

Staff Present:                     Henry Laird, Bob Notestine, Tom Allen, Cathi Little

Citizens Present:                 31

CALL MEETING TO ORDER
The Meeting was called to order at 7:04 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of allegiance was led by Chairman Rick Owens.

APPROVAL OF MINUTES
Frank Wilson made a motion to approve the minutes from the March 11, 2008, Planning Commission Meeting.  Willis Wells seconded.  The motion passed unanimously.

ANNOUNCEMENTS
Bent Creek representatives have requested to defer their request for lot size reductions in Phase 7, Section 1 until the May Planning Commission Meeting.  However, the Planning Commission will still hear citizen comments regarding this issue.

CITIZEN COMMENTS
Brian Truman, 3232 Locust Hollow in Bent Creek Subdivision.  Mr. Truman spoke on behalf of himself as a resident of Bent Creek, and as a newly elected Board member of the Bent Creek Home Owners Association.  He referred to Nolensville’s Zoning Ordinance number 2.2.10.b.2.3, regarding proposed developer changes needing to be substantially consistent with the current development.  Mr. Truman stated that decreased lot sizes means smaller homes, which means less property value. He also said that each proposal that has come before the Planning Commission in prior phases has been an improvement, and he feels that this request will not be an improvement.

Joyce Powers, 1023 Bitticks Creek, Bent Creek subdivision.  Ms. Powers gave commission members a handout that discussed the sales and marketing brochure from Bent Creek and her reasons for objecting the developer’s request for narrowed lot sizes (Attachment A).  She also stated that there is a petition drive going on from homeowners in Bent Creek against this request.

Linda Moses announced that the Nolensville Historic Society meets quarterly, and their spring meeting will be Monday, April 14th.  There will be a pot luck starting at 6 p.m., and then the meeting will start at 7 p.m.  Ms. Moses thanked the Mayor for the help and hard work she has given on behalf of the merchants in the historic area.  The Buttercup Festival will be April 26th, and Ms. Moses encouraged everyone to attend to support the historic area and merchants.

NEW BUSINESS

Subdivision Review:
  1. 1.         Bent Creek Final PUD Plan, Phase 7, Section 1
    Section proposes 16 lots varying in widths of 51’ to 56’ wide near Bitticks Creek Drive.
Developer requested deferral to May Planning Commission meeting.
  1. 2.         McFarlin Woods, Phase 5 and 6 Final Plat (from Oak Creek Drive
    to Cowan Drive)
Henry Laird gave an overview of the McFarlin Woods, Phase 5 and 6 Final Plat.  Austin Pennington, developer at McFarlin Woods, was present to answer questions.

Mayor Lothers asked if the developer intended to have sidewalks and street lights on Piccadilly Drive.  They are shown on the plat, but thought they had a variance for those items.  Mr. Pennington noted that they do have a variance for sidewalks and street lights on Manchester, Oak Creek and Piccadilly.

Mr. Pennington and Mayor Lothers briefly reviewed the plat.  Mr. Pennington stated that in Section 6, there were still some details for sidewalks and street lights left on the plat in error.  Andrew Walters of Littlejohn Engineering stated that the street lights and sidewalks will be removed prior to final recording.

Mayor Lothers asked if lots 501, 502 and 503 were on the original plans.  Mr. Pennington stated that they were, and that an additional lot, #504, on the same side of the street as 503, that was taken out to enlarge the detention pond.

Mayor Lothers asked about the section of road failure on Oak Creek.  Mr. Pennington noted that the area she was referring to had been repaired approximately 3 months prior by cold patch.  Mr. Pennington confirmed that they will be undercutting and doing the binder while the asphalt is being done.  He also stated that they will be putting down 3” of binder, well above and beyond in expense, time and materials, since the Town of Nolensville only requires 2” of binder.
Frank Wilson made a motion to approve the final plat of McFarlin Woods, Phases 5 and 6, with the conditions of bonding amounts recommended in staff notes ($106,500 and $52,500), and the revisions to the plat removing the sidewalks and street lights.  Matt Happel seconded.  The motion passed unanimously. 

  1. 3.         Burkitt Place, Phase 2F Final Plat (Edinburgh Way area)

Mr. Laird gave an overview of the Burkitt Place, Phase 2F Final Plat.  Staff is concerned with two issues:  The first is the record overlap between and the Herbert Nichols’ property and the developer’s property.  Staff has requested that this issue be resolved prior to having the plat recorded.  The second issue is the clearance in the buffer areas.  Staff is concerned with the south side near the Nichols and the Lancaster properties, the West side that borders the Nichols’ property, and at the hammerhead where the street ends.  Staff is requesting that the buffer areas be restored where there has been clearance.

Jimmy Alexander noted that the hammerhead cul-de-sac on the south side should be labeled on the plat as temporary.
Kevin Gangaware from Civil Site Design Group is the project engineer and Rob Pease with CPS Land is the project manager.

Mr. Gangaware stated that the surveyors identified that there appears to be an overlap in the deeds of the developer and of the Nichols’.

Matt Happel asked about the clearance for the sewer that went into the stream buffer.  Kevin Gangaware stated that the county engineer allowed them to cross over the edge of the stream buffer in a few isolated areas.  Mr. Gangaware stated that it had been done in 2 places. 

Mayor Lothers read from the Zoning Ordinance, Appendix B, Section 1.6.1:

1.6.1     General Requirements  A buffer yard shall be required to mitigate negative impacts from differing adjacent land uses.  Generally, a buffer yard shall be located at the perimeter of the building site along zoning district boundaries, or otherwise coincident with the edge of a specified facility that is to be screened.

The Planning Commission shall have the authority to require additional screening or to allow alternative screening mechanisms when, it is determined that it is in the best interest of the Town to modify these requirements in order to meet the overall intent of this ordinance. . .

Mayor Lothers asked Tom Allen, in terms of the stream situation, if he was comfortable with the developer’s responses.  Mr. Allen stated that any disturbance of the waterway natural area needs to be mitigated, and made consistent with the other landscaping by re-establishing the vegetation.

Rick Owens asked Rob Pease if he would be willing to increase the opacity level greater than .2 in the 10 foot section near the hammerhead and on the side.  Mr. Pease stated they would, but are frustrated that this is just now being brought up, at the final plat stage.

Rob Pease of CPS Land requested to defer until May.  By acclamation of the Board, this matter was deferred until May.

  1. 4.         Haley Industrial Park, Phase 4 Final Plat

Mr. Laird gave an overview of the Haley Industrial Park, Phase 4 Final Plat.  The traffic study has been completed, revised and approved by staff.  Don Swartz, Town Engineer, has provided a revised figure of $202,125 for the performance bond for the recommended road improvements.   Mr. Haley has provided a letter that he agrees to implement the recommendations of the study which includes turn lanes on Nolensville Road and Haley Industrial Drive. 
Mr. Allen stated that there are 2.99 acres that can be developed without providing additional water quality, and if the site is adjacent to the pond, on-site detention will not have to be provided.  However, if the lot or parcel is not adjacent to the pond, it will need to be demonstrated that the storm water infrastructure between their lot and the pond will handle the post-development flows.

Roy Dale from Dale and Associates is the engineer for the Project.  Mr. Dale noted that the traffic study recommendations were based on the total build-out.  Even though it is only at 50% right now, it has been agreed that the traffic updates will be implemented within 12 months.

Frank Wilson made a motion to approve the Haley Industrial Park, Phase 4 Final Plat with the recommended bond amount of $202,125.  Bob Haines seconded.  The motion was passed unanimously.

OLD BUSINESS

  1. 5.         Joseph Tiratto’s objection to building in Bent Creek Phase One,
    Section 2B, lot 225

Mr. Joseph Tiratto, 3320 Redmon Hill.  Mr. Tiratto stated that he understands that the building does meet the building requirements, but that the Town has no requirement for the distance across the width of a lot at the curb. 

Frank Wilson stated that based on his review, the house has been built within the building envelope.

Mayor Lothers stated that the Town’s most recent regulations require a minimum lot size of 11,000 square feet. 
However, the Town is required to allow this lot, since it was approved previously as part of a P.U.D.

  1. 6.         Report from last BOMA meeting, Mayor

Mayor Lothers stated that a Public Hearing was scheduled on Ordinance 08-04 to amend the zoning map of Nolensville, rezoning the ER to Commercial Services Overlay at 7167 and 7171 Nolensville Rd.  Due to a typographical error in the date of the hearing, it has been deferred until next month.

There was a Municipal Code that went forward on 1st reading regarding overgrown lots.  This ordinance will allow 20 days written notice to the property owner to clean up their lot.  If it has not been completed after that time, the Town can have it cleaned up, and file a lien on the property for the cost.

OTHER BUSINESS

  1. 7.         Monthly Bond Report
  2. a.          Bond extensions, reductions
  3. b.          Bond Report

Mr. Laird referred to Staff notes regarding the bond report.  He stated that the actual bonds that have been revised are listed, along with the revision made to the expiration date, reduction in amount, etc.

7.   Monthly Bond Report

      a.   Bonds to be Extended and/or Reduced:
                        1.   Bennington Section 1 - Roads, Drainage, Erosion Control
                  LOC 6100989 dated 3/27/08
                  Reduced to $94,500 - expires 3/27/10
                        2.   Bennington Section 1 – Landscaping
                  LOC 6100986 dated 3/27/08
                  Reduced to $22,350 - expires 3/27/10

      b.   Bonds Due to Expire - notices sent:
1.   Nolen Park Phase 1 - Landscaping - $4,000
      LOC 1816 expires 5/1/08
      Notice of expiration sent 3/13/08
2.   Nolen Park Phase 1 - Performance Bond - $90,000
      LOC 1819 expires 5/1/08
      Notice of expiration sent 3/13/08
3.   Nolen Park Phase 1 - $3,000
      LOC 1820 expires 5/1/08
      Notice of expiration sent 3/13/08

      c.   Summary Bond Report

Rick Owens made a motion to approve the Bond Summary Report with the staff recommended changes indicated above, including the amount of 7.b. to be changed from $4,000 to $40,000.  Willis Wells seconded.  The motion was passed unanimously.

OTHER
Mayor Lothers noted that 7 of the 9 Planning Commissioners had attended the MTAS Planning Commission training.  She also stated that Tom Allen is doing a great job with the Storm Water Appeals Board.  She noted that he prepared a notebook for all the committee members, and presented a beneficial PowerPoint presentation.

Regarding deferred items, Mayor Lothers asked the commission members to be sure to keep all of the original paperwork, as it will not be re-distributed.

Frank Wilson stated that on the weekends, developers are saturating Nolensville with signs that are in the right-of-way.  Also, there are “for sale” signs in the right-of-way in the subdivisions, and church signs are also being left up all week in the right-of-way.

Mayor Lothers wanted this Board to be aware that the Town paid for a survey of the entire historic district, which is being reviewed by engineers to come up with sewer plans. The need for sewer in that area is obviously a big reason for its current condition and we want to support that area as much as possible.  Other things she has done as Mayor was hosted Williamson County Tourism to come to Nolensville, drove them through the historic area, provided them with lunch at Martin’s Bar-B-Que on her dime, not the Town’s.  As a result of that visit, they are working with the State Tourism and they are looking to spend state dollars to put Nolensville on the map with Arrington Winery.  She stated that she is working with the Historic Nolensville Development Association by putting up banners for special events, working on an historic sign that will showcase the historic area separately, and the Board of Mayor and Aldermen is looking at a pedestrian bridge that would connect from the ball park to the historic area so that you could have parking and pedestrian traffic into the historic area. 

The Trees and Trails Committee had a state greenway trails coordinator do a PowerPoint presentation showing how to adopt a trees and trails program.  He became familiar with Nolensville because the Town received the safe routes to school grant.  He selects five communities a year that he works directly with and is considering Nolensville to be one of those five communities.

ADJOURNMENT
Chairman Owens adjourned the meeting at 9:04 p.m.

Approved,

Matt Happel
Planning Commission Secretary 
 
 Click to View Attachment A
2008-03 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Nolensville Elementary School
March 11, 2008 at 7:00 p.m.

Board Members Present: Rick Owens, Beth Lothers, Andrew Grosson, Jimmy Alexander, Frank Wilson, Willis Wells, Douglas Radley, Bob Haines, Matt Happel

Staff Present: Henry Laird, Bob Notestine, and Cathi Little

Citizens Present: 12

CALL MEETING TO ORDER
The meeting was called to order by Chairman Rick Owens at 7:07 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was let by Commissioner Willis Wells.

APPROVAL OF MINUTES
Commissioner Wells made a Motion to approve the minutes of the February 12, 2008, meeting,

Commissioner Frank Wilson Seconded.

Commissioner Wilson noted that Commissioner Wells was not listed as being present at the February 12, 2008 Meeting. It was discussed that it was a typographical error. The February 12, 2008 minutes, with the correction of the typographical error, passed unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
Brian Truman, 3232 Locust Hollow in Bent Creek. Mr. Truman stated he was elected as the first Board Member for the Bent Creek Homeowners Association. Mr. Truman stated on behalf of several Bent Creek residents, as well as himself, that they are opposed to the proposed smaller lot sizes in Bent Creek. Mr. Truman said they feel smaller lot sizes means smaller homes, which means less value for their homes and community.

Joe Tiratto, 3320 Redmon Hill in Bent Creek. Mr. Tiratto stated that he is against the proposal for a reduction in lot sizes in Bent Creek. Mr. Tiratto reported the lot next to him, lot #225, has remained undeveloped for several years. Mr. Tiratto further noted that a home is now being built on this lot that has very small street frontage. Mr. Tiratto then purportedly read from the covenant for Bent Creek, on page 14, regarding approval for homes to be built on lots: “Approval shall be based upon, among other things, adequacy of site dimensions, harmony of external design and neighboring structures.” He went on to Nolensville Planning Commission stated he felt the construction taking place on lot #225 does not meet those requirements. For these reasons, and for others, he asked that the proposal for smaller lot sizes not be approved. He also asked that the appropriate authorities reconsider the home being built on lot #225.

NEW BUSINESS
Subdivision Review:

1.
Bent Creek Final PUD Plan, Phase 7, Sec. 1 Section proposes 16 lots varying in widths of 51’ to 56’ wide near Bitticks Creek Drive.

Henry Laird reported the initial approved P.U.D. plan for this area consisted of lots with widths of 61-feet and 65-feet. The developer is requesting to change those lot sizes to 51-feet and 56-feet in width. Mr. Laird stated that the Town received a letter from Mr. Cates explaining they are requesting approval as market conditions have changed and builders are asking them for more 51-foot type product in order to meet market requests.

Mr. Laird went on to state that the article he referenced in his comments should have been Article 2.2.10.b.3, which states, in part: “Final PUD plan of a Planned Unit Development, or as submitted in phases, shall be substantially consistent with the approved concept plan.” This Article is the basis for Mr. Laird’s main comment that the proposed request is a substantial change from what was originally approved.

Mr. Truman noted that residents living in larger Turnberry homes will be behind the proposed smaller lots. There will be a drastic difference between their homes and those proposed to be built behind them. He went on to state that the Town should take into consideration the home values of those already living there, the aesthetic difference and the look of homes that will be built on a much smaller piece of property.

Eric McNeely, Cates & Kottas. Mr. McNeely stated that the developer doesn’t feel any product that is being built in Bent Creek will devalue any home there. The product will match what has previously been built. The lots are being sold at a higher value than what was sold in the initial phases. He said one thing that needs to be considered is an economically viable market this product will be built in. He went on to state that what they originally envisioned for the 400 plus homes no longer exists in today’s market. The Builders have come to them asking for an area they can build on in the subdivision in an economically viable market. Mr. McNeely also suggested that, historically, if a developer leaves a community, housing values always plummet.

Mr. McNeely stated the plan was originally approved for 806 lots with variable widths; they don’t feel that the plans are being changed substantially. He went on to state that the Planning Commission, in the past, amended a final P.U.D. and has set a precedent by changing lot sizes. Phase 4, was submitted to this Planning Commission for 100 lots in 2006, as market conditions changed, they amended the final P.U.D. and created 89 units, resulting in a net loss of 11 lots.

Town Attorney, Bob Notestine, stated that based on the initial approval of Bent Creek, as each phase comes up, there is the ability to reconsider things. Requests can be considered, but it is not binding on the Planning Commission to approve.

Commissioner Wilson made a motion to put the proposal on the floor. The motion died for lack of a second.
Eric McNeely asked to defer this item to next month.

Commissioner Jimmy Alexander made a motion to defer the item until next month, at the request of the applicant. Chairman Owens seconded. The motion passed by majority, with Mayor Lothers against.

OLD BUSINESS
2. Report from last BOMA meeting, Mayor

Mayor Lothers reported that ordinance 08-01, amending the zoning ordinance 04-09, in regards to permitted uses in the office industrial (OI) district as it pertains to religious institutions and animal boarding facilities was approved. The rezoning of the two Yazdian properties passed on first reading; and Sam Donald Road was accepted for Maintenance. The BOMA also approved funding for the Rocky Fork Road Realignment to allow eastern access to the ball park. Mayor Lothers reviewed the options that were being considered by the Board.

OTHER BUSINESS

3. Monthly Bond Report

a. Winterset Woods bond extensions sections 4A and 4B
Henry Laird reported that Winterset Woods has provided their new letters of credit and have requested extensions of Sections 4A and 4B to March 29, 2009.
b. Bond Report
Mr. Laird also stated that the bond report is up to date and asked for acceptance of it, including the approval of the extensions for Winterset Woods Sections 4A and 4B.
Commissioner Wilson made a motion to approve the Bond Report, Commissioner Wells seconded. The motion to approve the Bond Report passed unanimously.

4. Other
Mayor Lothers reported that the turn lane re-striping on Sam Donald Road is the Developer’s responsibility, and they have been notified.

The lot on Johnson Industrial between the water department and the day care center was discussed. The site plan was originally submitted in 2004, and both the grading permit and site plan have expired. They have been notified that they will have to re-apply before work can continue.

Mayor Lothers also reported that the storm water appeals board met for the first time, and that they will meet on the 1st Tuesday of every month. She further stated they will be very helpful as the Town works on the state-required MS-4 Report.

5. Planning Commissioner Training on Bonding
Henry Laird presented a training session for the Planning Commissioners regarding bonding for subdivision developments as well as non-residential landscaping. The training lasted for approximately 30 minutes.

ADJOURNMENT
Chairman Owens adjourned the meeting at 8:30 p.m.

Approved,

Matt Happel Date
Planning Commission Secretary
2008-02 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting at Nolensville Elementary School
February 12, 2008 at 7:00 p.m.

Board Members Present:  Rick Owens, Beth Lothers, Frank Wilson, Willis Wells, Douglas Radley, Bob Haines, Andy Grosson, Jimmy Alexander and Matt Happel.

Staff Present:  Bob Notestine, Henry Laird, Tom Allen and Cathi Little

Citizens Present:  70 Citizens were present

The meeting was called to order by Chairman Rick Owens at 7:02 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was let by Andy Grosson

APPROVAL OF MINUTES
Willis Wells made a motion to approve the minutes of January 12, 2008.  Jimmy Alexander seconded the motion. 
Frank Wilson noted that there was not a second to the Motion to Approve the Minutes of December 11, 2007.  Mayor Lothers made a motion to amend the approval of the January 12, 2008 minutes on the condition that the person who seconded the motion to approve the December 11, 2007 minutes is recorded on the final document.  Rick Owens seconded the motion.  The motion passed unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
John David Goolesby, 8094 Canonbury Dr.  Mr. Goolesby stated that Matt Happel met with a group of concerned residents of Burkitt Place subdivision.  Based on that meeting, three letters will be presented to the Board.  Mr. Goolesby read a letter on behalf of the residents of Burkitt Place regarding our noise ordinance and how it pertains to the proposed Home Depot Development.  (Attachment A)

Cory Davis, 8080 Canonbury Dr.  Mr. Davis read a letter on behalf of the residents of Burkitt Place regarding the screening and landscaping between the Burkitt Place subdivision and the proposed Home Depot Development.  (Attachment B)

Vance Wilson, 8040 Canonbury Dr.  Mr. Wilson read a letter on behalf of the residents of Burkitt Place regarding the proposed side entrance to the Home Depot Development.  (Attachment C)

Stephen Brown, Gresham Smith & Partners, the engineers for the Regency Centers Development.  Mr. Brown presented a graphic illustrating the buffer space between the back of the Burkitt Place lots and the back drive of the proposed shopping center.  He stated that they have been in discussions with CPS Land regarding using the soil removed from the site to increase the size of the berm between the two developments.

Tom Henricks, Regency Centers.  Mr. Henricks stated that their architect has put together a list of trees to be used as screening between the two developments.  This list includes Leland Cypress, Magnolias, Red Cedars, and mostly evergreens.  The minimum size will be 8 feet in height at planting.  There was also some discussion regarding whether the large existing trees will be left alone or taken down.  Mr. Henricks announced that they would keep as many of the trees as they possibly could.

NEW BUSINESS

Subdivision Review:
1)      Brentwood East – Regency Centers
         Final Plat for Commercial Center at Nolensville Rd. and Burkitt Place Drive

Staff reported that the applicants have submitted a final plat, it has been revised, but there are still 6 conditions that they haven’t had time to complete yet, but should be required before recording the plat:

1.   Providing proof of water and sewer availability either through Metro Water and Sewer or Nolensville College Grove Utility District.
2.   Providing performance bonding approved by the Town Engineer for off-site transportation improvements.
3.   Providing performance bonding approved by the Town Engineer for the installation of landscaping.
4.   Providing to the Town any restricted covenants to be placed on all lots by developer prior to recording of plat.
5.   Completing any revisions proposed in Tom Allen’s memo regarding storm water that have not been completed yet.  (Attachment D)
6.   The addresses for each lot needs to be shown on the final plat as approved by Williamson County Information Department. 

Matt Happel made a motion to approve the final plat for the proposed Regency Centers commercial development with the listed conditions from staff.  Bob Haines seconded the motion.

Mayor Lothers asked Mr. Laird to clarify the landscaping requirements.  Mr. Laird replied that the Planning Commission cannot require anything additional beyond our minimum requirements.  The developer has met those requirements, but they have also agreed to make several changes that have been suggested.  Mr. Happel stated that any additional landscaping they do will also be covered by their landscaping bond. 

Rick Owens asked how the water and sewer approval is coming along.  Stephen Brown replied that it is currently being discussed between Metro and Nolensville College Grove Utility District.

Jimmy Alexander asked about a certificate of approval from Davidson County regarding property lines.  Mr. Brown replied that they have had discussions with metro, and they will be able to approve the plat administratively.  He further stated that they will not be able to record the final plat until they have both approval through the Town of Nolensville and Metro.

Mayor Lothers stated that she would like to hire a landscape architect to represent the town in reviewing landscape plan revisions because this development is so large. 

Chairman Owens asked for a vote on the Motion for Approval with conditions.  The motion passed unanimously.

2)      Zoning:
         Rezoning of Yasdian properties:
         7171 Nolensville Rd (Map 56 Parcels 44.01) and 7167 Nolensville Rd. (Map 56 Parcel 44)

Jimmy Alexander made a motion to approve the rezoning.  Frank Wilson seconded the motion.

Mr. Laird advised that the 2 properties are currently zoned estate residential, and the applicant requests that they be rezoned as commercial services with a commercial overlay.  Mr. Laird informed the Board that the Town has rezoned properties like this a number of times in that area.  Chairman Owens asked for a vote.  The motion was passed unanimously.

OLD BUSINESS

3)      Authorize revising Wells subdivision dedication to a reservation.

Note:  Commissioner Jimmy Alexander exited the meeting. 

Commissioner. Wells recused himself.  Mayor Lothers clarified that Mr. Wells is allowed go into the audience and represent himself as a property owner after recusing himself from the Board. 

Bob Notestine, Town Attorney.  Mr. Notestine noted that Dr. Harr bought the property from Mr. Wells.  During the Planning Commission meeting where that was approved, a motion was made to have a right-of-way dedicated for future road widening.  The intent was to show on the plat that a certain strip of property would be reserved for future road widening, if needed.  The term used was “dedication;” the word should have been “reservation.” Dedication legally implies a property owner transferring property to a city. 

Frank Wilson made a motion to amend the plat to change the “dedication” language to “reservation” to allow for future road expansion.  Matt Happel seconded.  The motion was passed unanimously.

4)      Report from BOMA

Mayor Lothers reported the following:

08-02, an ordinance to amend the zoning ordinance 04-09, in regards to lighting standards and wall sign limitations passed unanimously on hearing and second reading. 

08-01 an ordinance to amend the zoning ordinance 04-09, in regards to permitted uses in the office industrial (OI) district as it pertains to religious institutions and animal boarding facilities passed on first reading.

Mayor Lothers also noted that the Town’s storm water regulations require a storm water appeals board.  The members are Douglas Radley, Larry Gardener, Andrew Grosson, Randall Z. Kerr, Kimberly McClintock, Philip Nelson and Chase Smith.

Tom Allen stated he planned to meet with group, and would like to get back before the Planning Commission to give an overview of what their role is going to be.  Ultimately, they would be the appropriate board to hear any appeals to the storm water components of our various ordinances and regulations.

OTHER BUSINESS

5a)    Monthly Bond Report

Chairman Rick Owens made a motion to approve the bond report.  Mayor Lothers seconded.  Mr. Laird briefly reviewed the Bond Report and recommended approval.  The motion passed unanimously.  (Attachment E)

5b)    Acceptance and release from maintenance by C&K Development on Sam Donald realignment project.

Chairman Rick Owens made a motion for the acceptance and release of the maintenance bond by C& K Development on the Sam Donald Realignment Project.  Bob Haines seconded the motion.  Mayor Lothers stated that the letter from Don Swartz, the Town Engineer, recommends this acceptance and release. Frank Wilson wanted to make note of his concerns of releasing the bonds before subdivision is built out. The motion passed unanimously.

Other

6)      Other – Trails and Playgrounds at Bent Creek.

Mayor Lothers reported on the meeting with Steve Cates and Bill Kottas.  She held up piece of wood, stating that it was an example of the materials on the playgrounds and some of the trails in Bent Creek.  C&K Development has agreed to replace the mulch on the playgrounds with actual playground mulch.  The path that connects Bent Creek Reserve to the rest of the development is currently mulch.  Replacing it with a possible hardscape path was also discussed in that meeting. 

Frank Wilson reported he has had some residents from Bent Creek tell him they are concerned about the entrance to Bent Creek from Sam Donald Road.  The striping is completely faded for the turn lane.  Mayor Lothers stated that Don Swartz has a list of areas that need re-striping.  She will be sure that Sam Donald is on that list. 

Rick Owens brought up the problem of flooding, particularly in the Stonebrook subdivision.  Mayor Lothers stated that Stonebrook is a difficult situation, as they don’t have a mandatory Home Owners Association.  The Town doesn’t have easements on all of the properties and many of the drainage problem areas are on private property.  Mayor Lothers suggested that Tom Allen and the storm water advisory board look into this.

There was further discussion about the Home Depot Development.  Henry Laird stated that Home Depot uses a muted type of speaker that doesn’t project very far, and only in the garden center.  He also stated that Rob Pease of CPS Land will be revising their landscaping plan along with Regency Centers to improve the screening between the residential and commercial developments by adding more evergreens.  They will also be replacing many plants they lost during the drought this year.  Matt Happel reported that Don Swartz stated we could look at other traffic control measures other than the entrance off Burkitt Place.  Mr. Happel also stated that as part of Metro’s approval for this development, a light will be installed at Burkitt Road and Nolensville Road.

Lynda Moses stated she had read that the name would be changed from Brentwood East, but hasn’t heard anything else about it.  Mayor Lothers stated that internally this project will always be named Brentwood East for their plans, communications, etc.  They are open to change what is on the actual monument sign outside. 

ADJOURNMENT
Chairman Rick Owens adjourned the meeting at 8:33 p.m.

Approved,

Matt Happel
Planning Commission Secretary
2008-01 Planning Commission Meeting Minutes
Nolensville Planning Commission
January 8, 2008, 7:00 p.m.
Nolensville Elementary School

Board Members Present:  Rick Owens, Beth Lothers, Frank Wilson, Douglas Radley, Bob Haines, Andy Grosson,  Jimmy Alexander, and Matt Happel.

Staff Present:  Bob Notestine, Henry Laird, Cindy Lancaster, Cathi Little, and Don Swartz.

Citizens Present:  There were 38 citizens in attendance

Meeting was called to order by Chairman Rick Owens at 7:04 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Frank Wilson.

APPROVAL OF MINUTES
Commissioner Jimmy Alexander made a motion to approve minutes from December 11, 2007, Commissioner Frank Wilson seconded the motion.

Commissioner Wilson noted on page 6, that the word “Animal” was left out when referring to boarding being allowed with conditions.  Commissioner Wilson made a motion to amend page 6, paragraph 4 as follows:

Commissioner Bob Haines made a motion to allow the boarding of animals be permitted in the OI zone with conditions, and Chair Owens seconded.  Mr. Notestine said it would be the same as before in regards to making sure the international building code is abided by.

Mayor Lothers seconded the amendment.  The amendment to the motion was passed unanimously.

Referring to page 6, paragraph 8, Commissioner Wilson asked if Mr. Laird’s “Recommended written proposed amendment in Article 8” should be reflected in the minutes in detail.  There was some discussion, and it was concluded that the recommendations Mr. Laird provided would be attached to, and therefore become a part of the minutes.

The original motion to approve the minutes from December 11, 2007, as amended, was passed unanimously.

ANNOUNCEMENTS
Mayor Lothers noted that the Planning Commission members will be receiving the Williamson County Planning Commission agenda each month.  She asked the commission members if they would want to attend these this year, or only when there was something regarding Nolensville or our growth boundaries. 

CITIZEN COMMENTS
None

NEW BUSINESS
Site Plan Review:
Brentwood East – Regency Centers
Site Plan for Commercial Center at Nolensville Road and Burkitt Place Drive

Tom Henricks, Sr. Project Manager for Regency Centers, proposed owner of shopping center and Stephen Brown, their engineer from Gresham, Smith and Partners, their architect, Jeff Roark with Little and Associates, and representatives from PGM Properties, and Greenberg-Farrow.  Mr. Henricks noted they were there to basically answer any questions.

Mr. Roark noted that the facility would be comprised of a Home Depot and to the right of that there will be about 15,000 sq. ft. of shops.  He discussed the materials that would be used.  He said they would take special interest in the shops that would be adjacent to the residential area.  Reducing some of the typical design measures, instead of their traditional orange tube steel, it will be brick surround. He thinks it will be very compatible with our ordinance, with the community and be an asset.

Citizen Comments:

Vance and Suzannah Wilson, 8040 Canonbury Drive in Burkitt Place, both expressed much concern over the Home Depot going in directly behind them.  They stated they were told by several people that there would be village-type commercial buildings built in the field behind them.  They are not pleased with anything that large, and can’t fathom the traffic impact to try and get to and from their home after Home Depot and further development of other places this size.  There are a lot of homes on their street that back up to this proposed commercial structure.  Mrs. Wilson noted that currently people are cutting through from I-24 and Burkitt Road to get to Nolensville Rd.  In the future, the number to of cars will be uncontrollable. 

Mayor Lothers stated that area is the only area zoned as large commercial in Nolensville, and has always been zoned as large commercial.

Concerning landscape buffering, Alfred Bennett of 7286 Nolensville Road noted that the Bennetts had planted bush honeysuckle around their property.  Mr. Bennett stated that it is fast growing, and gets as tall as this ceiling, and it keeps sound down in addition to anything else that someone would want to block.

Commissioner Matt Happel made a Motion to Approve the Brentwood East – Regency Centers Site Plan for Commercial Center at Nolensville Road and Burkitt Place Drive, with the nine (9) conditions that the staff recommended, Bob Haines seconded this motion.

Mayor Lothers asked if there could be more discussion on some of the issues raised and asked if someone could show the buffering that would be applied.

Stephen Brown demonstrated on a map that the main entrance to the Shopping Center will be off Nolensville Rd, with a secondary entrance off Burkitt Place.  He noted that they have complied with the Nolensville zoning ordinance by providing a 40 foot landscape buffer at the rear of the building and loading dock, with a mix of evergreen and deciduous trees (8 foot tall at initial planting).  He stated that there is a 60 foot open space directly behind Burkitt Place, plus drive space as a buffer, which totals about 150 feet between the Shopping Center and the Burkitt Place homes.

Mr. Brown stated that Nolensville has a very strict lighting ordinance which is zero bleed over lot line, the lights project down, not past property lines.  The existing tree line was shown on the map.  Mr. Wilson asked if certain trees would remain.  Mr. Henricks stated that they will be retained, plus the new 40 foot buffering.  He added that anything on the residential side will remain.

Mayor Lothers stated that she is very proud of Nolensville’s landscaping guidelines.  We have very strict landscaping, buffering, dark sky ordinances, which were put into place before her time.  Where there is no screening now, there will be trees added. 

Chairman Owens asked that Commissioner Happel discuss some of the landscape issues.  Commissioner Happel said that if you look at a typical Home Depot, you would see a 6’ orange band around the building; that will not be on this building.  He said that brick has been added to several places, including brick columns.  There is actually more landscaping going in front of the building than what is required.  There are also some added parking lot islands with more trees.  The sidewalk isn’t straight, it is curved, with more landscaping around it.  He noted the architectural element is part of Nolensville’s design review standards.  He stated he thinks it will be the best looking Home Depot in Middle Tennessee.  There are standard parking lot lights in the front, but those closer to Burkitt Place and Nolensville Road will be smaller lighting, to match those in Burkitt Place.  The fencing will also match the residential area that CPS Land currently has in place.

Chairman Owens noted that the commission members also live in Nolensville and have the same concerns that the citizens do.

Staff member Don Swartz stated he was not involved in the traffic study done by Gillian Fishbach, but only reviewed it for completeness.  Regarding the extra traffic through Burkitt Place from I-24 and Burkitt Road, that is random, usually only when there are traffic problems, so that wasn’t taken into account in the traffic study.

Ms. Fishbach came up with several recommendations.  Mr. Swartz reviewed the three he considered to be of most importance.  The first being installation of a traffic control signal on Nolensville Road at Burkitt Place.  Since Nolensville Road is a state highway, it will fall under the state TDOT criteria.  The second recommendation is the widening of Nolensville Road at the main entrance drive to accommodate a left turn lane.  And lastly, the design of the exit – there will be two exit lanes. 

Mr. Swartz stated that with the improvements recommended by the engineer, the traffic will be maintained at a “pretty good” level of service.  There are 5 levels of service, “A” is best, very little delay, and “F”, being excessive delay, is the worst.  Level “D” is considered to be the level expected in urban design.  The lowest level of service for this area will be an “E”, at the westbound turn lane during A.M. and P.M. driving.  All the others are “C’s” and “D’s”. Mr. Swartz noted that we have agreed with their recommendations and will incorporate them into the approval of this project.

Mayor Lothers asked Tom Allen if he had any additional comments.  Mr. Allen stated that he wanted to thank Stephen Brown and Rob Whitson, as they have been very responsive to all of his questions and comments.  He noted that the developer has not only met, but has exceeded the Town’s stormwater requirements, and will also meet those of Metro.
Dean Bain, 8069 Canonbury Drive, asked about the traffic, noting that the discussion had been mostly about Nolensville Road and Burkitt Place Drive.  He asked if this would be the primary entrance.  Mr. Swartz stated that no, he did not mean to convey that.  There would be a light there, but that is not the primary entrance.

Stephen Brown went to the map again to show where the truck route was.  The trucks will come in through the main entrance around the North side of Home Depot to truck turnaround and the receiving dock.  He noted that there was a secondary entrance, but that is for the convenience of shoppers, and it was designed so the tractor trailer trucks will find it difficult to make the turns, thus encouraging them to use the main entrance.  Home Depot has operational control, they set when, where and how the trucks come in and out, and usually schedule deliveries during non-peak times.

Mayor Lothers asked about how the dumpsters would be screened.  Commissioner Happel showed the bricked dumpster area for the shops on the PowerPoint presentation.  He noted there would also be one next to the Home Depot building down in the truck well.  This one will be a compactor, with a chute connected to the building.  It will be lower, mostly hidden, and not exposed to the outside.

Commissioner Haines asked if they limited certain hours for deliveries.

Dan Pellissier, Greenberg Farrow, consultant for Home Depot, stated that they do regulate the hours of delivery, noting that it would not be during peak driving times.  The proposed store hours will be around 6-7 am to 10 pm.  This location will not be open 24 hours.

Mayor Lothers read all 9 considerations for approval:

  1. Provide site lighting along outer areas and smaller parking lots that match the style of the Burkitt Place light poles and lamps fixtures and are not more than 16’ high plus base; allow 30’ poles with 2.5’ base in larger parking area as shown in plans provided the zoning amendment allowing taller light poles in the CR district is approved by Mayor and Board of Aldermen.
  2. Provide performance bond with letter of credit on all landscaping to cover completion of all improvements and maintenance as required in Appendix B, 1.2.2.G., prior to issuance of building permit.
  3. Provide performance bond with letter of credit for all off-site road improvements per Don Swartz’s memo of 12/27/07 prior to issuance of building permit; includes traffic control signal at Burkitt Place Drive and all entry and exit lanes.
  4. Provide stormwater management plan revisions/additions per Tom Allen’s recommendations, if any.
  5. Provide documentation of availability of water and sewer from Metro Water and Sewer.
  6. Master signage plan approval is conditional upon:

a)       Zoning amendment being passed that allows for more wall signage area in the CR district that would allow wall signage proposed for the Home Depot entrance sign.

b)       Entrance sign for Home Depot being revised to indicate that sign is to be externally lighted, shielded, since internal illumination is not permitted on entrance/monument type signs.  Individual signs will require obtaining a sign permit before installation.

  1. Orange columns in the Garden Center shall be changed to black or bronze to match the adjacent fencing.
  2. All benches, trash receptacles and all other building accessories shall be black.
  3. A final plat is required to be submitted to the Planning Commission and approved and recording at the Williamson County Register of Deeds before issuance of building permit.

Chairman Owens asked if staff member Henry Laird could comment on any of the conditions, specifically the bond amount.  Mr. Laird said that would be obtained once the site plan was approved.  Once construction plans are prepared, estimates will be prepared, and they will be reviewed to ensure they are sufficient to cover landscape improvements and off-site road improvements.

The other conditions are a study through Metro water and sewer to provide the water in the area.  The signage plans are conditions that an amendment needs to be passed to allow a larger wall sign area.  They have agreed to the external illumination of the main entrance sign, which is one of the conditions.  They will be back next month with a final plat on how they will divide these parcels out so that they can be recorded.

Commissioner Wilson asked if they had received a letter yet from Davidson County.  Mr. Brown said they have been working with Nolensville/College Grove Utility District and with Metro.  Nolensville has informally told them that they will relinquish rights to provide the water, and Metro is holding the availability request until after they hear from Nolensville after their board meeting that was held today.

Commissioner Wilson had a question regarding Condition #7, “The lumber door columns are metal with brick, what about columns at garden center?”  Commissioner Happel has asked for those to be done in bronze or black.  Mr. Roark said that brick columns would be too large and wouldn’t look right to support the canopy tops in the garden center.  The fencing will also be black, not galvanized.  The outside corner column of the garden center will be similar to the building design. 

Commissioner Douglas Radley made the comment that he is also concerned about the buffering between this development in Burkitt Place.  There is a substantial area that does have trees, but there is a large area that does not currently have any trees.  He agreed that it will take a long time for those 8 foot trees to grow.  He wanted to know if there was anything else the developer could do, such as consider something like berms or larger trees.

Ken Thomas, 413 Cowen Court, stated he is also concerned about the buffering.  An 8 foot tree is really just a stick, especially when it looses its leaves.  Maybe start with a bigger tree, or something more like an evergreen.  Another concern he has heard from citizens is the outside area around the building.  Mr. Thomas stated that some home depots have chain link fences that come around outside of the garden center.  Commissioner Happel stated that was one of our concerns, and they are not going to have a tool rental, barns are not allowed, but there will be flowers outside.  When asked if there was anything in place to prevent this in the future, it was stated that they would have to apply for a permit, which would have to be approved first. 

Mayor Lothers asked if it was possible to plant trees on top of berms to make them taller, or would that kill the trees?
Mr. Henricks stated that they are going to look at that landscaping.  But weren’t at that stage yet.  If this is approved, they are willing to discuss the landscaping and buffering with the Town and they are working with CPS Land.  They want to make the neighbors as happy as they possibly can.

Chairman Owens asked what the developer would possibly be willing to do.  Mr. Henricks stated that this has already been addressed with the discussion of berms; he stated they could stagger the trees and look at evergreens, so there is no clear line of vision.  Commissioner Happel noted that Burkitt Place is at a higher elevation than Home Depot will be.
Commissioner Alexander noted that the receiving dock will be in Davidson County, and that property is zoned agricultural.  “Has this been discussed with Davidson County?”  Mr. Brown stated that yes, the property is zoned agricultural now, but is in long-range plans to be rezoned commercial.  They have spoken with Sonny West of Metro.  Mr. Brown has issued a letter to allow this, as long as there is no building encroachment.  Commissioner Alexander asked if the plat will go to Davidson County for their approval.  Mr. Brown stated that yes, but it will be at a staff review level only.  Commissioner Alexander noted a 7 foot right of way in back of the sidewalk and asked how much right of way has been reserved for the possible widening of Nolensville Rd.  Mr. Brown stated that it is in compliance with the Nolensville Zoning Ordinance.

Lynda Moses, 2230 Rock Springs Road, asked, “What is the estimated begin date, completion date, and why is it called Brentwood East?”  Commissioner Happel stated he had not seen Brentwood East on any of the signage.

Mr. Henricks stated that there will be a single monument sign with Brentwood Regency East on it.  Lynda Moses asks that the board deny that request.  She stated she has seen Commissioner Happel make developers go back and add 1 tree, 1 light fixture, etc.  She said she does believe this will be the best Home Depot around.  She commented that the Planning Commission and Design Review Committee pay close attention to detail; they don’t let much get past them.  She addressed the audience saying that she didn’t think you need to worry – she didn’t want a subdivision behind her, but it isn’t as bad as she thought it would be.

Chairman Owens asked about a start date.  Mr. Henricks stated they plan to begin the infrastructure in March or April, and possibly put in some shops, but he couldn’t speak for Home Depot.  They don’t have an end date because Home Depot isn’t willing to commit yet.

Commissioner Haines asked how long it normally takes to build a facility like this?  Mr. Henricks said if needed to, it could probably be done in 8-9 months.

Brad Harkie of 8028 Canonbury Drive stated he has a Nolensville mailing address, but lives in the Davidson County side of Burkitt Place.  He stated he has the feeling that we don’t care much about the Davidson County side.  Will there be trees and buffering added there?  He wanted to know how much blasting would be involved, and if they would be guaranteed against any damage caused by blasting. 

Mayor Lothers noted that the Town has no jurisdiction over the Davidson County section. 

Mr. Henricks stated they are not planning on doing any of the blasting on the Williamson County side.  They do plan to do some on the Davidson County side.  He said they are also prepared to accept the liability and they will be very careful.  Mr. Allen is very strict and concerned about the creek.  They will have buffering there, but aren’t allowed to do it now, but will be able to after it is rezoned.

Kamatha Fine of 8037 Canonbury, noted that the Burkitt Place entrance with the little drive is real pretty and nice.  She is concerned that it will feel like you have to drive behind the Home Depot to get into Burkitt Place.  She would like to see 16’ trees planted to provide a buffer and a monument sign for Burkitt Place be placed at Burkitt and Nolensville Road similar in architectural detail to the existing design.

Chairman Owens thanked everyone for their comments and asked if the people from Home Depot and Brentwood East Regency Center would stay after the meeting a little to answer any other questions the citizens may have.

Mr. Vance Wilson stated he was alarmed to see the ingress and egress of thousands of home depot customers and asked, “What would prevent them from driving through Burkitt Place?”  The Wilson’s went into great detail with concern of traffic that is mainly in Davidson County.

Mr. Swartz stated that once there is a signal at Nolensville Road and Burkitt Place, some of the traffic will be alleviated.  There is also a proposed traffic signal at Nolensville Road and Burkitt Road, which is not controlled by this development, but will alleviate that cut-through traffic. 

Chairman Owens asked for a vote, the motion to approve the site plan with conditions was passed unanimously.

OLD BUSINESS

Report from Bent Creek on Trails

Mayor Lothers noted that she has been requested by the developer to wait until next month to discuss this issue.  There was no descent, so the matter was deferred until next month.

Report from last BOMA

Mayor Lothers went over the ordinances that were passed:

First reading of ordinance #07-24, an ordinance to amend Title 12, Chapter 1, of the Municipal Code in regards to Fees in regards to plans review was passed unanimously.

First reading of ordinance #07-25, an ordinance to amend Title 7, Chapter 3, of the Municipal Code in regards to the sprinkler ordinance was passed unanimously.

Reading of resolution 07-13 a resolution to adopt a revised Capital Improvements Program was passed unanimously.

Reading of resolution 07-14, a resolution to enter into an interlocal agreement with Williamson County was approved unanimously.

Mayor Lothers stated that for those Planning Commission Members that are interested, there will be a workshop regarding the firearms ordinance.  It is anticipated to be the week prior to the next BOMA week.

OTHER BUSINESS

Monthly bond report

The written report was distributed by Planner Laird.  He noted they have been working with several developers on this and would like to add that Winterset Woods and Bent Creek were about to expire, and have now been extended.
Burkitt Place Sections 1A1, 1A2 and 2A have asked to be reduced to a maintenance bond.  Section 1A1 would be reduced down to $257,100, Section 1A2 down to $48,900, and Section 2A would be $13,500 and these will go to maintenance.  Staff Member Don Swartz has reviewed and approved these reductions.  Mr. Laird noted that the Planning Commission must approve this also. 

Town Attorney Bob Notestine stated that his concern was that there may be a lapse between the original bond, and the obtaining of a maintenance bond.  He recommended that maintenance bond must be in place by the expiration date.
Mayor Lothers made a motion to approve the reduction to a maintenance bond, with the condition that it must be in effect prior to the expiration of other bond.  Chair Owens seconded. The motion was approved unanimously.

OTHER

Mayor Lothers asked if a Planning Commission member would attend the Williamson County Planning Commission Meeting.  Commissioner Wilson noted that he had planned to attend this Thursday, although now he has a conflict.  Commissioner Alexander said I think it needs to be monitored and we should attend if there is a Nolensville item on their agenda.  Commissioner Alexander suggested to continue sending emails, so they can monitor Williamson County’s agenda, Commissioner Wilson agreed he would like to see that continue.

Mayor Lothers asked what the next steps are now that the Home Depot site plan is approved.

Planner Laird stated they could proceed to get a grading permit, however the conditions would have to be cleared before any building permits are issued.  It is possible to begin grading work once a permit has been obtained.  They would have to provide performance bonds, pay all fees, etc., before they could begin building.

Mayor Lothers noted that we are trying to form a storm water advisory committee and there are possibly three more members.  Once it is approved by BOMA, she will get with Tom Allen to discuss.

ADJOURNMENT
The meeting was adjourned 8:48 p.m.

Approved,

Matt Happel
Planning Commission Secretary