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2009

Minutes Archive

2009-12 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
December 8, 2009, 7:00 p.m.

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

Board Members Absent:     Jeff Hepler

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

 Citizens Present:                 16

The meeting was called to order at 7:12 p.m. by Commissioner Willis Wells. 

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

APPROVAL OF MINUTES
Mayor Lothers made a motion to approve the minutes from the November 10, 2009, Planning Commission Meeting.  Commissioner Jimmy Alexander seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
Mayor Lothers announced that Commissioner Willis Wells and Commissioner Frank Wilson will be retiring from the Town of Nolensville Planning Commission.  Mayor Lothers thanked them for their many years of service to the Town and presented them with a letter and gift.

Chairman Rick Owens arrived at the meeting at 7:16 p.m.

CITIZEN COMMENTS
Lynda Moses, 2230 Rocky Springs Rd., announced that there will be a meeting on Monday, December 14, 2009, at Jenkins Cumberland Presbyterian Church.  County Commissioner Lew Green will speak to the community regarding the old recreation center.

Dwight Barnett, Area Forester and Certified Arborist with the Dept. of Forestry.  Mr. Barnett would like to offer his services to the Planning Commission.  Mr. Barnett introduced Thomas Solinsky – Director of SoundForest.org.  Mr. Solinsky stated that they would like to institute a tree cost sharing project with residents of Nolensville.

NEW BUSINESS
1.     G.W. Jones rezoning request for property at 7047 Nolensville Road from SR/ABO to CR (Commercial Regional).
Planner Henry Laird stated that the applicant has requested to defer this item until the January 2010 Planning Commission Meeting. 

Commissioner Wilson made a motion to defer this item to the January 12, 2010, Planning Commission Meeting; Commissioner Wells seconded the motion, which passed unanimously.

OLD BUSINESS
2.     Report from last BOMA meeting included the following:

Public Hearing on 09-18 on rezoning McCord property ER to V/HDO.

Public Hearing on 09-19 on revising public notice in newspaper for certificate of appropriateness applications.

First Reading on 09-21 on amending impervious surface standards for non-residential uses permitted with conditions in SR and ER districts.    

Second Reading and final passage on 09-16 on rezoning Creekside at Nolensville (York Road area), ER to SR.

Second Reading and passage on 09-17 on revising adult business definitions.

BONDS

3.     Bond Actions –
        a.     Burkitt Place Phase 2F – extend $7,000 landscape bond for 1 year.

b.     McFarlin Woods Section 3 – release from maintenance bond and acceptance by the Town.       

Chairman Owens made a motion to approve bond actions a and b above; Commissioner Wilson seconded the motion.  The Motion passed unanimously.

4.     Bond Report.

Commissioner Wilson made a motion to accept the bond report, as amended, Chairman Owens seconded the motion; which passed unanimously.

OTHER

5.     Low impact development bus tour presentation by Bob Haines and Jimmy Alexander.

Commissioners Haines and Alexander had the opportunity to go on a LIDS (Low Impact Development) tour. 
Commissioner Haines did a presentation on the different and unique methods being used to handle storm water runoff.

6.     A workshop will be held after meeting on sign regulations dealing with color and design standards for wall and freestanding signs.

 Mayor Lothers made an announcement that she met with Debra Warnick of the Williamson County Convention & Visitors Bureau regarding the Trails to Tourisim project for the State of Tennessee.  Nolensville will be included in one of the trails, which will include key businesses and historic locations.  She further stated that 75,000 pieces would be going to welcome centers and it will also be online.  The brochure will be published in March.

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

Approved,

Robert D. Haines                                       
Planning Commission Secretary
2009-11 Planning Commission Meeting Minutes
Nolensville Planning Commission Agenda
Regular Meeting at 7250 Nolensville Road
November 10, 2009
 
Commission Members Present:         Jimmy Alexander, Andy Grosson, Bob Haines, Mayor Beth Lothers, Rick Owens, Douglas Radley, Frank Wilson, and Willis Wells

Commission Members Absent:          Jeff Hepler

Staff Present:                                         Henry Laird, Don Swartz, Cathi Little, Bob Hayes and John Strasser

Citizens Present:                                   11

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

PLEDGE OF ALLEGIANCE
Chairman Owens led the Pledge of Allegiance.

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes from the October 13, 2009, Planning Commission meeting; Commissioner Frank Wilson seconded the motion.  The minutes were approved unanimously. 

ANNOUNCEMENTS
Mayor Lothers announced that immediately following this Planning Commission meeting, a workshop will be held regarding Appendix A Sign Regulations dealing with color standards for wall and freestanding signs.

CITIZEN COMMENTS
None

NEW BUSINESS

  1. Request for variance to pavement cross section for local streets (detail RW-3) subdivision regulations by CK Development, LLC.

Don Swartz, Town Engineer, stated that at the last Planning Commission Meeting there had been a great deal of discussion about the condition of the roadways within the development in question, Bent Creek, and that he did acknowledge to Mr. Cates that the roadways that had been constructed in that subdivision were in pretty good shape; however, they were not free from flaws.  Mr. Swartz stated that it should also be pointed out that another development Mr. Cates is responsible for has had significant problems with the same roadway cross-section.  Mr. Swartz said he did not want to leave the Planning Commission with the idea that the existing sections are actually working suitably, as there has been a great deal of difficulty with them, which is what led to his recommendation 2 years ago to beef up the standard.  Mr. Swartz also stated that while he was considering recommending the change in standards to the Planning Commission, the developer’s engineer concurred with him that it would be a good thing to do in light of the problems they were having in the Bennington Subdivision.

Chairman Owens stated the applicant withdrew their request for a variance.  Mayor Lothers stated it was her understanding that the reason for the withdrawal was that the applicant’s attorney has indicated that they will be taking this directly to court.  Chairman Owens made a motion to remove this item from the agenda, Commissioner Jimmy Alexander seconded; by a vote of acclamation, this variance request was withdrawn from the agenda.

  1. Consider zoning text amendment to revise maximum impervious surface ratio for non-residential uses that are permitted with conditions in the SR and ER zoning districts.

Henry Laird, Town Planner, stated that staff recommends a text amendment to revise the Area and Lot Regulations under Articles 2.2.1 and 2.2.2, which will change the ISR to .50 and the Minimum Green Space Required to 50% in the SR, and will change the ISR to .40 and the Minimum Green Space Required to 60% in the ER.

Commissioner Doug Radley made a Motion to revise the Zoning Ordinance, as recommended by staff; Willis Wells seconded the motion; which passed unanimously.

OLD BUSINESS
  1. Report from last BOMA meeting
        Mayor Lothers reported the following:
        -    Public Hearing for rezoning request change from ER to SR on York Rd
        -    Public Hearing for Zoning Ordinance definition text changes regarding adult businesses
        -    Passed First reading to rezone McCord property to Village with Historic District Overlay
        -    Passed Second reading to allow 2 rows of parking in the Commercial Services zone
        -    BOMA approved revision to Public notice requirements for Historic Commission hearings on applications for Certificate of Appropriateness.

BONDS

4.     Bond Actions –
        a.   Extend performance bond and letter of credit of $164,000 on Sunset Park by one year.
        b.   Extend performance bond and letter of credit of $57,000 on Haley Industrial Park Phase One by one year.
Commissioner Owens made a motion to approve bond actions a and b, Commissioner Haines seconded the motion; which passed unanimously

5.     Bond Report.
Chairman Owens made a motion to approve the entire bond report, as amended, Commissioner Haines seconded the motion.  The motion passed unanimously.

OTHER
6.     A workshop will be held after meeting on Appendix A Sign Regulations dealing with color standards for wall and freestanding signs.

Mayor Lothers stated that there is an opportunity for the Planning Commission and possibly the Storm Water Appeals Board to earn some credit by going on a field trip.  The details will be emailed.

ADJOURNMENT
The meeting was adjourned at 7:20 p.m.

Approved,

Robert D. Haines                                              
Planning Commission Secretary
2009-10 Planning Commission Meeting Minutes
Nolensville Planning Commission Agenda
Regular Meeting at 7250 Nolensville Road
October 13, 2009

Commission Members Present:         Jimmy Alexander, Andy Grosson, Bob Haines, Jeff Hepler, Mayor Beth Lothers, Rick Owens, Douglas Radley, Frank Wilson, and Willis Wells

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

Citizens Present:                                   10

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

PLEDGE OF ALLEGIANCE
Chairman Owens led the Pledge of Allegiance.

APPROVAL OF MINUTES
Commissioner Willis Wells made a motion to approve the minutes from the September 8, 2009, Planning Commission meeting; Commissioner Frank Wilson seconded the motion. The minutes were approved with Mayor Lothers recusing herself, as she wasn’t in attendance at that meeting. 

ANNOUNCEMENTS
Mayor Lothers thanked the commissioners that have attended the signage field trips.  It was decided that there will be a signage workshop on November 10, 2009, immediately following the next Planning Commission meeting.

CITIZEN COMMENTS
None

NEW BUSINESS

  1. Proposed rezoning of a portion of McCord Property (map 056 parcel 59) from ER to Village with Historic District Overlay

Mr. Tim Turner, T-Square Engineering did a presentation of the project, stating they are requesting a zoning change from ER to Village, with Historic District Overlay.  The applicant has submitted a proposed site plan with their application for rezoning, which indicates the development they are considering.  Mr. Turner stated that the applicants realize the Planning Staff has some questions and concerns regarding the proposed site plan, and he stated that they intend to work with staff to prepare a site plan that will be agreeable for both the Town and the developers. However, only the rezoning request is being considered tonight.  Mr. Turner further stated that they have received approval from the Nolensville Storm Water Appeals Board.

Town Planner, Henry Laird, stated that staff recommends approval of the rezoning request, as it is compatible with the land use policy map as far as being contingent to the Village and Historic area.  However, staff has concerns regarding the property lies in the floodplain, the number of buildings proposed, the architectural design of the buildings, etc.  Mr. Laird further stated that staff is very careful and cautious about this area, as it is a sensitive area and important to the future of the town.

Commissioner Doug Radley stated his biggest concern is the fact that this property is located in the floodplain.
Commissioners Wells and Wilson stated they are also concerned with the floodplain, however, the decision tonight is only to rezone the property.

Chairman Owens made a motion to approve the rezoning of a portion of the McCord property (map 056 parcel 59) presently zoned Estate Residential to Village with Historic District Overlay. Commissioner Bob Haines seconded the motion, which passed unanimously.

  1. Bent Creek Phase 7 Final PUD Plan

Eric McNeely appeared on behalf of CK Development, who is requesting approval of Bent Creek Phase 7, proposed 33 lot subdivision.

Town Planner Laird stated that lots 7208, 7209, 7210 and 7211 were designed based on the Stantec study of 2004.  Since then, the 2006 FEMA study has come out, and shows parts of those lots as being in the floodplain.  Staff recommends the applicant obtain a Letter of Map Revision from FEMA to cover those specific lots before they can be approved.   He further stated there are two other issues that concern staff.  First is the recommendation that a construction entrance from the south be installed, so that construction traffic does not use streets the Town has already accepted for maintenance.  The second issue is that on November 13, 2007, the Town updated its road standards and increased the depth of local roads for base and surface course paving.

Steve Cates, CK Development, stated that it would be difficult to build a separate construction entrance, which would have to go across a creek and would cost approximately $50,000.  Mr. Cates further stated that there have not been issues with any of the roads they have built in the past, and that they will keep the road clean and maintained with sweepers and bobcats.  Mr. Cates stated that he understood that the standards approved on the P.U.D. master plan were the standards that they were to use. 

Bob Notestine stated that when this P.U.D. was approved, it was decided that as each section was developed, it would be evaluated based on what our standards were at that time, and approved on a phase by phase basis.

Mr. Cates stated he believes that condition was put in so they could change the size of lots and location of lots could be moved around.  He stated there had been no discussion that the construction standards would be changed.
It was decided that the Developer will prepare the application for the Letter of Map Revision, and will be submitted by the Town.

Chairman Owens made a motion to approve the final P.U.D. plan for Bent Creek Phase 7, with the conditions that:

        -    A revised Master Plan will be submitted prior to final P.U.D. approval
        -    The road standards that are currently in effect will be adhered to, as recommended by staff
        -    Lots 7208, 7209, 7210 and 7211 will be designated as critical lots, prior to resolution of the stormwater issues for each lot.
        -    An approved Letter of Map Revision must be received concerning lots 7208, 7209, 7210 and 7211.
Commissioner Radley seconded the motion, which passed unanimously.

  1. Request for Sign Design Deviation from Kevin Wilson

Mr. Kevin Wilson asked that the Commission to approve a deviation from current sign regulations to allow him to install 2 signs that are red, white and blue, which currently match his building.  Chairman Owens stated that the Town has been reviewing the current sign regulations and will be holding a workshop in the near future.   It was determined that these signs should meet the Town’s current sign regulations, and therefore would not be approved.  The applicant withdrew his request.

  1. Amendment Concerning Certificate of Appropriateness Notification

Planner Laird stated that the Town is currently required to publish notice in a local newspaper when there will be a hearing for a Certificate of Appropriateness.  This is an added cost to the Town, as there is no charge to the applicant for a Certificate of Appropriateness.  Commissioner Wilson made a motion to amend the zoning ordinance to remove the requirement to publish notice in a local newspaper, but to add that the notice shall be posted at the property, on the Town Website and Town Bulletin Board, and to continue to give notice to adjacent property owners.  Commissioner Wells seconded the motion, which passed unanimously.

OLD BUSINESS

  1. Report from last BOMA meeting
        -    Rezoning in York Road area passed 1st reading.
        -    Zoning text amendment relating to adult businesses passed 1st reading.
        -    Held public hearing on amending CCO front parking requirements.
        -    Temporary sign section amendment passed 2nd/final reading.

BONDS

  1. Bond Actions –
        a.   Winterset Woods Sections 4A & 4B, convert to maintenance, remain at $111,000 each.
        b.   Nolen Park Phase 1, Landscaping, extend performance at $40,000.
        c.   Nolen Park Phase 1, Infrastructure, extend performance at $90,000.
        d.   Nolen Park Phase 1, Infrastructure, extend performance at $3,000.
        e.   Nolen Park Phase 2, Infrastructure, extend performance at $310,000.

Chairman Owens made a motion to approve the above-referenced bond actions; Commissioner Radley seconded.  The motion passed unanimously.

  1. Bond Report

Commissioner Wilson made a motion to approve the bond report as amended; Chairman Owens seconded the motion, which passed unanimously.

OTHER

Mayor Lothers announced that it was John Strasser’s birthday.

ADJOURNMENT
The meeting was adjourned at 9:30 p.m.

Approved,

Bob Haines                                                      
Planning Commission Secretary
2009-09 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
September 8, 2009, 7:00 p.m. 

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

Board Members Absent:         Mayor Beth Lothers

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

Citizens Present:                       14

The meeting was called to order at 7:05 p.m. by Chairman Rick Owens. 

PLEDGE OF ALLEGIANCE
Chairman Owens led the Pledge of Allegiance.

APPROVAL OF MINUTES
Commissioner Frank Wilson made a motion to approve the minutes from the August 11, 2009, meeting; Commissioner Willis Wells seconded the motion. The minutes were approved unanimously. 

ANNOUNCEMENTS
Chairman Owens stated that the Planning Commission attended a wonderful seminar and feels they all gained quite a bit from it.

CITIZEN COMMENTS
Charles Lawson, 2531 York Rd.  Mr. Lawson stated that he lives across the street from the property that is applying for rezoning to Suburban Residential (SR).  Mr. Lawson further stated that he has two (2) pieces of property, 2521 and 2531 York Road, that are not joined in front, but joined in back.  Mr. Lawson asked that those two (2) pieces of property be included in the rezoning of the land tonight. 

Attorney Notestine stated that the property owner will need to submit to the Town, in writing, that they consent to, and want to be included in the rezoning.

Rene Bissell, 2578 York Rd.  Ms. Bissell stated that she was able to attend both meetings that were held by Mr. Moon and to review the plans that they laid out.  Ms. Bissell further stated that she respectfully requests that Mr. Moon go on the record to state that he will not use this rezoning as a stepping stone to get a PUD passed on this property in the future, nor would he significantly increase the number of homes or significantly decrease the amount of green space currently shown in the plans.

Chairman Owens stated that he wanted Ms. Bissell to be aware that the development, as it is presented, is definitely not a PUD.

Joe Curtsinger, 7380 Nolensville Rd.  Mr. Curtsinger suggested that the Board review why this rezoning did not pass before.  He further suggested to consider the parcels that could be commercial that would be adjacent to some of those proposed to be rezoned SR.

NEW BUSINESS

1.     Proposed rezoning of approximately 257 acres along York Road and parts of Nolensville Road by Creekside at Nolensville, York Road LLC., applicant, from Estate Residential to Suburban Residential. 

Dwight Kiser, landscape architect for the project stated this is a request to rezone 1 large and 4 smaller parcels, totaling approximately 257 acres; from estate residential to suburban residential.  Even though a site plan submittal is not required for a rezoning request, they are showing it anyway.  The submitted concept site plan meets the Town of Nolensville’s suburban residential zoning requirements of a minimum 20,000 sq. ft. lot size, the maximum gross density allowed is 1.8 units per acre, the proposed plan is actually 1.2 units per acre; resulting in approximately 295 units as opposed to the maximum allowed of 464 units; the minimum open space requirement is 10%, whereas the proposed plan actually has 25% or 64 acres of open space.

Chairman Owens, asked if the road impact fees would need to be increased if this is rezoned.  Mr. Laird stated that if the southern area is going to be kept at the lower density ER zoning, the current road impact fees would have to be reduced.  He further stated that the fees are based partly on the land use map, which shows this area eventually being rezoned from ER to SR.

Commissioner Jimmy Alexander made a motion to approve the request to rezone the properties from Estate Residential (ER) to Suburban Residential (SR), based on the Town’s land use policy; Commissioner Wilson seconded the motion, which passed unanimously.

2.     Proposed zoning text amendment to revise the definitions for adult book stores and adult entertainment businesses.

Staff recommends “beefing up” the definitions to make them more specific.

After some discussion, Commissioner Bob Haines made a motion to approve the amendment to the Zoning Ordinance as proposed by staff.  Commissioner Alexander seconded the motion, which passed unanimously.

OLD BUSINESS

  1. Report from last BOMA meeting.

Henry Laird reported that Ordinance 09-14 pertaining to text amendment on parking lot design in the Commercial Corridor Overlay passed 1st reading.  There was a public hearing on Ordinance 09-11 pertaining to temporary signs for new or relocated businesses.  The Town also accepted Ballenger Farms Phases 1 and 2 for maintenance.

BONDS

4.     Bond Actions –
        a.     Ballenger Farms, Phase 4, Section 1, release of walking trail from performance bond
(Deferred from August meeting).
Chairman Owens made a motion to release the walking trail from performance bond; Commissioner Andrew Grosson seconded.  The motion passed unanimously.
        b.     Authorize extension of Winterset Woods Section 4A $111,000 performance bond.
        c.     Authorize extension of Winterset Woods Section 4B $111,000 performance bond.
Commissioner Wilson made a motion to approve items b and c above, to extend the $111,000 performance bonds on Winterset Woods Sections 4A and 4B.  Commissioner Wells seconded the motion, which passed unanimously.
        d.     Bond Report.
Commissioner Wilson made a motion to approve the bond report, as amended.  Commissioner Haines seconded the motion, which passed unanimously.

OTHER
Commissioner Wilson stated that he has received many complaints regarding the height of the grass and weeds along the Mill Creek mitigation.  There was some discussion that the mitigation plan, approved by the Planning Commission, was to bring that area back to its natural state, which it now is.

ADJOURNMENT
The meeting was adjourned at 8:29 p.m.
 
Approved,

Bob Haines                                                      
Planning Commission Secretary
2009-08 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
August 11, 2009, 7:00 p.m.

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

Board Members Absent:         Mayor Lothers

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

Citizens Present:                       14

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

PLEDGE OF ALLEGIANCE
Chairman Owens led the Pledge of Allegiance.

APPROVAL OF MINUTES
Chairman Rick Owens made a motion to approve the minutes from the July 14, 2009, meeting;    Commissioner Bob Haines seconded the motion. The minutes were approved by all commission members, with the exception of Mayor Lothers, who recused herself as she was not in attendance at the July 14, 2009, meeting. 

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS
1.     Proposed zoning text amendment to revise the Parking Lot Design Standards for the front of buildings in Article 2.2.12, Commercial Corridor Overlay zoning district. 

Commissioner Haines made a motion to accept Option 2 (below), Commissioner Jimmy Alexander seconded; the motion passed unanimously.

Parking Lot Design  A maximum of two (2) rows of parking including maneuvering aisles shall be permitted in the front of the building between the front wall and the street right-of-way.  All other parking shall be located in the rear of the principal building.  The parking requirements of any use may be reduced by a proportional number of spaces if such spaces are permanently available in either shared or public parking lots located within two hundred fifty (250) feet of the affected lot.

The planning commission may require the use of common driveways providing access to more than one (1) lot.  Connections between parking lots on adjacent parcels shall be provided in order to facilitate the ability of users to pass between the various developed lots without returning to the public street.

OLD BUSINESS
2.     Announcement of planning commission training scheduled for August 31, 2009.
There was some discussion regarding the arrangements for the training scheduled for August 31, 2009.  It was decided to meet at Town Hall at 2:45 p.m.
3.     Report from last BOMA meeting.
Mayor Lothers reported that there was a second reading of ordinance 09-10 pertaining to day care centers in religious organizations which passed.  Also, first reading of ordinance 09-11 pertaining to temporary signs for new and relocated businesses passed.

BONDS
4.     Bond Action Requests:
        a.   Haley Industrial Park, Phase 1, request reduction of performance bond to $57,000.
b.   Ballenger Farms, Phase 4, Section 1, request reduction of performance bond to $87,065.70.
        c.   Ballenger Farms, Phase 3, Section 1, request transition to maintenance.
        d.  Ballenger Farms, Phase 3, Section 2, request transition to maintenance. 
  1. Ballenger Farms, Phase 4, Section 1, request release of walking trail from performance bond.
        f.   Ballenger Farms, Phase 1, request release from maintenance.
        g.  Ballenger Farms, Phase 2, request release from maintenance.
h.   Bent Creek, Phase 2, Section 3, extend performance bond of $65,000 for 1 year.
There was some discussion regarding item 4e, as to whether the trail is complete on the western side.
Chairman Owens made a motion to approve items a thru d and f thru h, above.  Commissioner Bob Haines seconded, the motion passed unanimously.
Commissioner Frank Wilson made a motion to defer item e, above, Chairman Owens seconded; the motion passed unanimously.
  1. Approve Bond Report.
Commissioner Wilson made a motion to accept the bond report, as amended, Commissioner Willis Wells seconded; the motion passed unanimously.

OTHER
Mayor Lothers announced she had a copy of the application package submitted on behalf of the Town for a tree planting grant, if any of the board members would like to see it. 

Mayor Lothers further stated that she was asked by Williamson County to put together a “Complete Count Committee” of 5 leaders to encourage a good return on the upcoming 2010 Census.  She would like to divide the town into 5 sections, and have one committee member responsible for each.  Please make any recommendations of possible committee members to Mayor Lothers.

Mayor Lothers reported that she received a very nice letter from a 9-year-old boy who would like a skate park here in Nolensville. 

Mayor Lothers stated that the proposed field trip to see signage in other cities is being set up.  She mentioned that a church may lend the use of two of their buses.

ADJOURNMENT
The meeting was adjourned at 7:52 p.m.

Approved,

Bob Haines                                                      
Planning Commission Secretary
2009-07 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
July 14, 2009, 7:00 p.m.

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

Board Members Absent:     Mayor Beth Lothers

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

Citizens Present:                 14

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 Willis Wells made a motion to approve the minutes from the June 9, 2009, Planning Commission Meeting.  Commissioner Wilson seconded the motion.  After discussion regarding typos, the minutes, as amended, were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
Mr. Bennett encouraged the allowance of more Bed and Breakfasts, as they are not only businesses, but they are a welcome to new people.  He also stated that when he used to go into Town Hall, he always left mad; but he wanted Mayor and the Commission know the ladies that are there now are helpful, gracious, and have the most marvelous attitudes. 

Commissioner Jimmy Alexander introduced Jeff Hepler, the new Planning Commission Member.

NEW BUSINESS
  1. Request for a deviation from restrictions on signage colors in Appendix A, Article 1.6.6.D as authorized under same article; for a wall sign at In and Out Market at 7136 Nolensville Road.  Request made by Drew Patterson, Stokes Tenderex Farms, and San Hyun, In and Out Market.

Town Planner Henry Laird reviewed this item, stating the applicant installed a wall sign without obtaining a sign permit.  After it was brought to their attention, they applied for a sign permit, but were turned down, as the colors do not meet our standards. 

George Dean, Attorney for owner, apologized for not applying for the sign permit before installing the sign, the owner did not realize that was a requirement.  He stated that after reviewing the Town’s sign regulations, it appears that this sign meets all requirements except for the colors.  He also noted that the building is set back off the road by approximately 250 feet.  Mr. Dean further stated that the owner is put in a difficult position, as he has already invested approximately $50,000 into this franchise, which may be jeopardized if the sign isn’t allowed.

Mr. Laird pointed out that the goal of the sign regulations was to promote high standards of design for the community, create a strong sense of identity and a “sense of place” that would not only be good aesthetically, but good for the Town economically.

There was some discussion that the black and white sign colors came from a recommendation by the Design Review Committee, approved by the Planning Commission and BOMA, and that existing signs in color were grandfathered in when the new Sign Ordinance passed.

The applicant, Mr. Sam Hyun spoke regarding the difficult economic times and the need for business to survive and create jobs for our community.

After much more discussion, Commissioner Wilson made a motion to approve the applicant’s request to keep the current sign; Commissioner Bob Haines seconded the motion.  Upon a vote being taken, the motion passed 5 to 3; with Commissioners Haines, Radley, Grosson, Wells and Wilson for, and Commissioners Alexander, Hepler and Owens against.

OLD BUSINESS
2.        Dr. Harr Building Site Plan (changes to window and doorframes).
Henry Laird stated the agreement was to test paint and choose either brown or black, whichever looked the best.  The consensus was that the brown looked the best.  As of this date, approximately one-half of the windows and door frames have been painted, and it looks very nice.
3.        Report on Amendment to subdivision regulations to add signature block for electric utility.
Henry Laird stated that the electric utility hasn’t responded to the Town’s proposed changes in the signature block.
4.        Report from last BOMA meeting.
Commissioner Alexander reported that the 2nd reading of ordinance 09-08, to annex land east of Haley Industrial Park was approved.  The public hearing was also held on ordinance 09-10 that pertains to day care centers in religious institutions. 

BONDS
5.        Bond Actions – None
6.        Approve Bond Report
Commissioner Wilson made a motion to approve the Bond Report, Chairman Owens seconded; the motion passed unanimously.

OTHER
7.        Discussion of procedure of Planning Commission and Bylaws, presentations of applicants, etc.  Discussion of agenda items, motions per bylaws.
There was some discussion of the proper procedures for handling agenda items, motions, citizen comments, etc., per the bylaws.
8.        Discussion of interest in amending zoning ordinance to allow Bed and Breakfast facilities in SR zone by permitted with conditions.
Henry Laird stated a property owner had contacted him asking if it could be a bed and breakfast.  Currently, that isn’t an allowed use in SR zone.  He further stated that there is a lot of rural area in the SR zone that could be used for a Bed and Breakfast.  After some discussion, it was determined that there is interest in pursuing this change.
9.        Discussion of the need to revise the signage design color allowance.
Henry Laird stated that there have been many discussions regarding the possibility of allowing more flexibility in colors on signs.  Some of the options suggested were:  keep it as it is, black and white only; to allow black, white and neutral colors; to allow a “splash” of color, such as in a small percentage of the size of the sign. 
It was decided that Matt Happel, of the Design Review Committee, will arrange another field trip for Commission members to see what other cities are doing.
10.      Consider the need to revise the Parking Lot Design Standards for the front of buildings in the CS/CCO zoning districts. 
Joe Epps, engineer for Mr. Yazdian, stated that current and potential tenants are having issues that there isn’t enough parking in front of the buildings.  They are requesting to add a second row of parking in front of the new building, and reducing the size of the building to accommodate that. 
After much discussion, it was decided that Mr. Laird will provide a proposed change to the zoning ordinance for the Commission to review at the next meeting.  The proposed change would allow 2 rows of parking in front of buildings in the CS/CCO zone.
Attorney Bob Notestine suggested that, in the interest of time, the applicant go before the Board of Zoning Appeals to ask for a variance, as it will take several months to pass a change to the Town’s Zoning Ordinance.
11.      Discuss possible Commissioner training.
Commissioners are required to have 4 hours of training per year.   There is a training session on August 31st in Hendersonville from 4:30 – 8:30 that the Commissioners may be interested in attending.  The topic is “Reclaiming the Strip, Redevelopment and Design Strategies for Transforming Highway Corridors into Mixed Use Centers.”
12.      Discussion regarding changes to Sign Regulations (Appendix A, Zoning Ordinance) as it deals with Temporary Signs for new and/or relocated businesses.
Henry Laird summarized this item stating that it has been brought to staff’s attention that new businesses are currently limited to 14 days for temporary signs.  Most times it takes more than 2 weeks to have a new sign installed.  The proposed addition of an item C to section 1.11.4 of Appendix A of the Zoning Ordinance is as follows:
1.11.4 C.      New Business signs  Such signs may be erected for a new or relocated business until a permanent sign is permitted and installed, not to exceed 90 days, unless extended by the Mayor or his/her designee.
Commissioner Haines made a motion to approve.  Commissioner Radley seconded; the motion passed unanimously.

ADJOURNMENT
The meeting was adjourned at 9:46 p.m.

Approved,

Bob Haines                                     
Planning Commission Secretary
2009-06 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
June 9, 2009, 7:00 p.m.

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

Board Members Absent:     Willis Wells

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

Citizens Present:                 15

The meeting was called to order at 7:05 p.m. by Secretary Bob Haines, serving as Chairman. 

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

APPROVAL OF MINUTES
Commissioner Douglas Radley made a motion to approve minutes from the May 12, 2009, Planning Commission Meeting; Mayor Beth Lothers seconded the Motion.  Mayor Lothers made an amendment to page 2, paragraph 5 “Commissioner Wells expressed concern that it will cost approximately $15,000 each time it had to be repainted and that is too steep of a penalty, per his discussion with the applicant.”  Commissioner Jimmy Alexander seconded the amendment, which passed unanimously.  The motion, as amended, also passed unanimously.

ANNOUNCEMENTS
Mayor Lothers asked the Commissioners to please let Cathi Little know if they would like to pick up their packets from Town Hall, or if they preferred to have them delivered.  Commissioner Haines thanked Cathi Little for the terrific job she has done in putting together a new Zoning Ordinance, it has been a number of years since it has been completely updated.

CITIZEN COMMENTS
Travis Blunt, 2073 Catalina Way, Mr. Blunt requested to hold his comments until after Turnberry Homes has spoken on agenda item 2.

Charles Lawson, 2531 York Road, spoke in regards to Dr. Harr’s office building regarding window colors.  He and his wife agree that brown windows would not look good.  He feels the brushed aluminum is the best choice.
Elizabeth Sykes, 2029 Catalina Way, would like to reserve her comments until after Turnberry Homes has spoken on agenda item 2.

Mr. Alfred Bennett, Nolensville Rd, stated the inside of Dr. Harr’s building is very attractive.  He asked that before building anything for the Town, that Town officials go inside the building and see what an architect has done; it is “sheer genius”.

7:15 p.m. Chairman Rick Owens joined the meeting.

NEW BUSINESS
  1. Dr. Harr Building Site Plan Revision Request (deferred from previous month).  
Matt Happel stated that the Design Review Committee held a meeting that afternoon, June 9th, with Brandon Fleming from Shaub Construction, the project manager, and Dr. Harr.  They reviewed the five options that Mr. Fleming had presented to the Design Review Committee for them to bring a recommendation to the Planning Commission.  The most feasible option is to paint the windows with electrostatic paint.  There was some discussion as to what color that should be; the decision came down to one of two different colors.  The decision was made that one window will be painted brown and another one painted black, and then the applicant can make a decision between the two colors.

Commissioner Alexander made a motion to accept the Design Review Committee’s recommendation and require the applicant to electrostatically paint the window frames black or brown, and staff, along with Design Review, will approve which color is more suitable.  Commissioner Andrew Grosson seconded the motion; which passed unanimously.

Chairman Owens asked about the door frames.  Mr. Happel stated that they are considered part of the window frames; all exterior aluminum.

7:22 p.m.  Acting Chairman Haines relinquished the Chair to Chairman Rick Owens.
  1. Catalina Subdivision Preliminary PUD Plan to modify development into a varied lot sized development.
Planner Henry Laird stated this is a sketch plan or preliminary PUD Plan; no action is to be taken by the Commission.  This is only for discussion and to give feedback to the developer to see if it is appropriate to proceed or not. 
Mr. Laird further stated that the developer wanted to propose this modification and see what the Commission feels about it.  Staff is concerned about the number of additional lots being created, the size of the lots, whether they meet our standards; what the impact is on existing homeowners, and obtaining existing homeowners input or suggestions.  “The goal of a PUD is to have a better design, not just to add lots,” said Laird. 

Commissioner Alexander stated the current homeowners purchased their homes on ½ acre lots and have the expectation that all future development will also be on ½ acre lots.  Chairman Owens agreed, and added that he feels it will create increased congestion and surveys have shown the residents of the Town don’t want the smaller lot sizes. 
Commissioner Wilson stated another development had recently asked to reduce their lot sizes, and those current residents made it clear they did not want the lot sizes decreased.  The Commission disagreed with that developer, and feels the same should be done with this developer.

Commissioner Radley, agreed with Commissioner Wilson. He also added that he feels this proposal does not improve the subdivision at all; it only creates smaller lots next to larger lots. 

Commissioner Grosson stated that he also agreed and added that he did not see any additional buffer from Mill Creek or benefits of the PUD.

Rick Bell appeared on behalf of the developer, Turnberry homes.  Mr. Bell wanted the Commission to know that Centex Homes made the original plan application; Turnberry Homes has never been before this Commission.  Mr. Bell stated that they are experiencing one of the worst housing depressions and have lowered the prices on their homes to just about cost and if this continues, the development may go into foreclosure.  He further stated that if this happens, the lots could be sold off at $30,000, and homes will be built on them that will sell for $200,000 to $270,000.  Turnberry is trying to avoid that happening, and came up with this idea that will continue the ½ acre lots so that no one who currently owns a home on a ½ acre lot will have anything smaller located next to them.  Since there would be a scarcity of ½ acre lots, those would be able to be sold at a premium, which would increase the current homeowner’s equity.  They want to create a 2nd section in the community to be called “The Parks”, which will be the exact same home that is currently being built, but on smaller lots with side-entry garages.

Mayor Lothers asked about the lot sizes.  Nicky Wells of Turnberry homes responded that the original submittal did have 9,300 sq. ft.  It is their full intention to comply with the Town’s lot size requirement when they submit the actual PUD plan.  The difference would be the frontage width, which would be 75 feet for the Forest, which will have the front entry garages; and 90 feet in the Parks, which will have the side-entry garages.

Mr. Bell, stated they are proposing to make sub-entrances within the community to give definitive beginning and endings to the different sections:  The Forest, The Parks and the Estates would all have their separate monumentation, markings, etc.

Mr. Wells, stated the benefits include increased open space in the developable areas; connectivity to the environmental features that are on the property currently.  The current plan doesn’t provide connectivity to Mill Creek and the trails.
Mayor Lothers wanted to clarify that most people in the Town of Nolensville paid between $30 to $50 last year for full-time police coverage.  Surrounding cities with full-time police coverage have taxes that range from .15 to .59.  BOMA did approve a small property tax increase from .06 to .15, which required with the growth to provide the services that people moving here require.  She further stated that obviously the Town can’t rely on building permits long-term, which is why the Town is trying to develop commercial and other sources of income.

Travis Blunt, 2073 Catalina Way, stated that he is concerned that his property value could decrease and traffic will be increased by 20%; therefore he is opposed to this proposal.

Elizabeth Sykes, 2029 Catalina Way, reiterated Mr. Blunt’s comments and stated she is also opposed to this proposal.
Matt Happel, 9895 Sam Donald Rd. stated he is also opposed to the Developer’s proposal.

Commissioner Alexander stated that his opinion against this proposal had not changed.  Mayor Lothers asked if any Commission member had changed their original opinion, to please speak up; no one did.

OLD BUSINESS
  1.    Amendment to subdivision regulations to add signature block for electric utility.
Commissioner Wilson made a motion to defer; Chairman Owens seconded the motion, which passed unanimously.
  1. Report from last BOMA meeting
Mayor Lothers reported that a public hearing was held on ordinance 09-08, an ordinance to annex certain territory east of current corporate boundaries.  The Plan of Service and second reading will be held at the next BOMA meeting.  Ordinance 09-10, as it pertains to day care centers passed on first reading.

BONDS
5.     Bond Actions
Nolen Park Phase 2, authorize extension of $310,000 performance bond.
Chairman Owens made a motion to approve the extension; Commissioner Wilson seconded the motion, which passed unanimously.
Catalina Phase 1, authorize extension of $97,000 performance bond.
Commissioner Wilson made a motion to approve the extension; Chairman Owens seconded the motion, which passed unanimously
6.     Approve Bond Report
Commissioner Wilson made a motion to approve the Bond Report as amended; Chairman Owens seconded the motion, which passed unanimously.

OTHER
Mayor Lothers wanted to make the Planning Commission aware that she had been approached by business owners in Johnson Industrial requesting a monument sign showing all the names of the business located there.  She feels it would be good idea for Haley Industrial also. However, this will be a problem with the regulations regarding signs off-premises site.  She would like the Commission members to be considering this.

ADJOURNMENT
The meeting was adjourned at 8:16 p.m.

Approved,

Bob Haines                                                    
Planning Commission Secretary
2009-05 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
May 12, 2009, 7:00 p.m.

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

Board Members Absent:     Andy Grosson

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

Citizens Present:                 13

The meeting was called to order at 7:08 p.m. by Chairman Rick Owens. 

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

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes from April 14, 2009, Planning Commission Meeting, with the typographical errors corrected.  Commissioner Willis Wells seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS
  1.    Request for site plan revision on Dr. Harr office

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

Henry Laird, Town Planner, stated that the site plan submitted by Shaub Construction Company, indicating the color finishing of the windows to be teratone and door frames to be brown stained wood, was approved in October 2007, with some changes to be made in elevations.  The construction plans also had the same coloring for the window frames and door frames.  When the building was completed, it was noted that the brushed aluminum color did not meet the approved plans, so they were issued a temporary certificate of occupancy.  The Building official is able to extend the temporary occupancy to allow the owner to come into compliance.

Mr. Brandon Fleming of Shaub Construction stated they could possibly paint the window frames with electrostatic paint, but the finish would only last approximately 5 years, which would result in an additional cost every 5 years to repaint.
Chairman Owens, stated the plans that were submitted and approved were intentionally disregarded, and the Board has a problem with that.  The Board would like to know why that was done, rather than coming to the Board and asking for a revision.  Mr. Fleming stated that they built a mock-up sample in the field; and the builder, Dr. Harr, and the architect all felt the milled finish looked better; that the building would look too monotone if the frames were also brown.  Mr. Fleming apologized that they did not have the architect go back and try to get this approved before they actually completed it, and it was a mistake on their part. 

Commissioner Douglas Radley asked Mr. Fleming whose idea it was to make the color change without going back before the Planning Commission.  Mr. Fleming stated it would have been a combination of himself and the architect.  He further stated he wasn’t aware that type of change would need to be resubmitted.

Commissioner Wells expressed concern that it will cost approximately $15,000 each time it has to be repainted, and that is too steep of a penalty. 

Commissioner Radley asked what it would cost to replace the window and door frames.  Mr. Fleming stated it would probably be over $100,000.

Chairman Owens asked Mr. Matt Happel of the Design Review Committee about electrostatic paint.  Mr. Happel stated he does not have much experience with electrostatic paint, but knows it is a definite possibility.  Another possibility might be to remove the caulking around each window and have an aluminum trim installed over the existing frames.  Commissioner Jimmy Alexander asked Mr. Fleming if he knew the estimated cost of covering the frames with aluminum.  Mr. Fleming stated he has never seen that done before, but he wasn’t sure how that could be done on the doors.
Dr. David Harr stated it was unfortunate that the builder and architect failed to come back before the Planning Commission.  He further said that as an owner in the building, he doesn’t want brown window frames; he would consider another color, but doesn’t think the brown frames will look good. 

Commissioner Alexander asked if the brushed aluminum would have been acceptable to the Design Review Committee.  Mr. Happel stated that it would not.  He further stated that black is the preferred color, but on Dr. Harr’s building, the light fixtures and other elements on the building are bronze, so the teratone would be suitable.  The doors were supposed to be stained cherry according to their site plan and materials board.

Upon Chairman Owens’ suggestion for deferral, Dr. Harr requested to postpone his request for a site plan revision in order to meet with the Design Review Committee.  Commissioner Haines withdrew the original motion and Commissioner Wells withdrew his second to the motion.  Commissioner Wells stated he felt Mr. Fleming and Dr. Harr should be involved in the discussion with the Design Review Committee.

Mayor Lothers made a motion for postponement, and requested the Building Official extend the temporary certificate of occupancy.  Chairman Owens seconded the motion, which passed unanimously.

  1. Consider amending zoning ordinance text for day care center in SR with conditions if connected to church buildings.

Radnor Baptist church requests an amendment to zoning so they could have a day care center at the former Greystone Baptist Church location.

Commissioner Frank Wilson made a motion to amend the zoning ordinance to add day care centers to the SR district if they are connected to church buildings, Commissioner Wells seconded the motion.

Commissioner Alexander suggested removing the word “approved” from “approved religious institution use”.

Mayor Lothers made a motion to amend the motion to remove the word “approved”, Chairman Owens seconded the amendment.  The amendment passed unanimously.

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

  1.    Consider amendment to subdivision regulations to require signature block from electric utility on final plats.
Middle Tennessee Electric Membership Corp. wants to get closer coordination between the electric utility and the Town.  They want to be sure developers know that the utility has their rules that need to be followed, as well as the Town’s rules.  Developers are asked to bring to the Town approved plans from the utility; and MTEMC would also like to be involved in the final plat approval stage.  He said the Town already has a signature block for water and sewer, and MTEMC is asking for a block of their own. 

There was some discussion as to the amount of verbiage and the size of the block that would be placed on already crowded plats.

Commissioner Haines made a motion to approve; with the condition that MTEMC will speak with staff to possibly shorten the verbiage.  Commissioner Alexander seconded.  The motion passed unanimously.

OLD BUSINESS
4.     Report from last BOMA meeting
Mayor Lothers reported that first reading of ordinance 09-08 to annex property behind Haley Industrial was passed.
BONDS
5.     Bond Actions
Bent Creek – The Reserve, Authorize extension of $64,000 bond
Chairman Owens, made a motion to approve the extension; Commissioner Wells seconded the motion, which passed unanimously.
6.     Approve Bond Report
        Commissioner Wilson made a motion to approve the bond report, as amended, Chairman Owens seconded the motion, which passed unanimously.

OTHER
None

ADJOURNMENT
The meeting was adjourned at 8:18 p.m.

Approved,

Bob Haines                                     
Planning Commission Secretary
2009-04 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
April 14, 2009, 7:00 p.m.

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

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

Citizens Present:                 27

The meeting was called to order at 7:07 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 minutes from March 10, 2009; Commissioner Frank Wilson seconded the motion.  Mayor Beth Lothers recused herself as she was absent at the March 10, 2009, meeting.  The minutes were approved unanimously.

ANNOUNCEMENTS
Mayor Lothers announced that the Town Events Committee will be holding an antique and classic car show on Saturday, April 25th in the Town Center parking lot.   That morning is also the Lions Club pancake breakfast.

CITIZEN COMMENTS
Chairman Owens made some comments before beginning the Citizen Comments portion of the meeting.  He stated that everyone on the Planning Commission is serving with one expressed interest, which is to do the very best they can for the Town of Nolensville.  They don’t have hidden agendas; they just want to do the very best for the Town.  He further stated that they appreciate the citizen comments that they get, which indicates to him that the Town has a passionate and engaged citizenry, which is crucial to any growing town and crucial to healthy debate.  However, he asks the citizens to be respectful to Commission members, as the Commission members are to the citizens. 

Kelly Dever, 9865 Clovercroft Rd., asked the board to defer the issue of the proposed cell tower on Nolensville Road, and make a recommendation to the Board of Mayor and Aldermen to hold a moratorium on cell towers to allow the Town time to look at the cell tower ordinance and update appropriately to where it is in the best interest of the Town and its residents. 

Mr. George Dean, attorney, stated he appeared at the request of neighbors surrounding the proposed cell tower site.  He respectfully suggests that the Town look at the current cell tower ordinance, and issue a 60-day or so moratorium to amend the zoning ordinance to bring it more in line with other current cell tower ordinances.  He also suggested that the town possibly increase the notice given to adjoining neighbors for Board of Zoning Appeals hearings, from 10 days to 21 days.

Kali Morris Kane, appeared on behalf of her father, Ben Morris, 7383 Nolensville Road.  Ms. Kane stated that they are concerned with radio waves going into homes, lowering of property values, and the precedent that is being set for a big corporation to come in and force the Town to make a decision against its residents. 

Kristie Pennington, 2070 Delaware Drive, stated she is a resident of Nolensville opposes the proposed location of the cell tower.

Aubrey Short, 803 Rockwood Drive, spoke on his opposition to the proposed Town Center location for Town Hall.  He felt there is no opportunity for expansion, and feels there is no need to jump from 4,000 to 16,000 square feet.  He further stated that a zero lot line isn’t part of our current ordinance. 

Lynda Moses, 2230 Rocky Springs Road, stated that she agrees with everything Mr. Short said.  Ms. Moses mentioned that the Buttercup festival was this past weekend, it was a wonderful time.  She wanted to thank the police officers who helped direct traffic, and felt this amount of traffic for this event demonstrated the need for a foot bridge to the historic area.

NEW BUSINESS
  1. Site Plan of Verizon Cell Tower at 7377 Nolensville Road
        Commissioner Frank Wilson recused himself from this item.

Town Planner, Henry Laird, stated that a cell tower location is a conditional use and a permit is required to the Board of Zoning Appeals.  The applicant has gone through that process and obtained approval.  That approval was based on all the conditions having been met.  The next step is the site plan approval, which is what this item is.  There was also a citizen meeting held by Verizon.  Mr. Laird further stated that the town asked the applicant if there were any other locations in this area that would accommodate this tower, and also requested if there are any alternatives to the height proposed.  In summary, the staff believes that there are no practical alternatives apparent to us that would work better, given the restrictions that we have, and recommends approval.

Matt Harris, attorney at Waller Lansden Dortch and Davis, appeared as counsel for Verizon Wireless. 

Chairman Owens made a motion to bring this issue before the board for discussion, Commissioner Grossman seconded.  Commissioner Frank Wilson recused himself from this discussion and vote. 

Attorney Bob Notestine stated that he feels the issue of a moratorium is a dangerous one for the Town.  He stated it is legal to do so, but feels it is ill-advised to do so because moratoriums generally produce litigation. The towns that he has seen that have moratoriums in this area of the law tend to spend a lot of money and not do very well, and he doesn’t think that would be in the Town’s best interest.  He further stated that the Town’s errors and omissions carrier does not feel it is advisable.  Attorney Notestine further stated that the scope of the meeting tonight needs to be limited to what it is agendized for, which is the site plan.

Chairman Owens stated he feels that good screening is highly necessary.  Mayor Lothers read from Brentwood’s ordinance and stated that it appears this plan meets Brentwood’s ordinance also.  Mr. Harris stated that Verizon’s site plan as far as ground screening actually exceeds the Town’s current requirements.

Commissioner Jimmy Alexander asked about any health issues.  Matt Harris stated that it is reasonably well documented to date, that there are not health risks associated with operations of these cell towers unless someone were to climb a ladder and situate themselves mere inches from the antenna for long extended periods of time.  The RF emissions spray out and disburse.  There are antennae in church steeples, on top of hospitals, schools, and office buildings that are in much closer proximity to where people are than in this case.  Town Planner Henry Laird stated that under the Town’s landscaping ordinance, a performance bond and then a maintenance bond are required to ensure the landscaping is completed and remains alive for two years. 

Commissioner Haines asked who would be maintaining the gravel roadway up to the site.  Mr. Harris stated it will be maintained by the applicant.

Chairman Owens asked for the vote; the motion to approve the site plan passed unanimously.

2.     Site Plan for Town Center development submitted by Tisano Developers for redeveloping existing Town Center shopping center on Oldham and Nolensville Road.  Includes new restaurant on site and proposed town hall building
Commissioner Frank Wilson returned to the Board.

Chairman Owens made a motion to approve the site plan, Commissioner Haines seconded.

Town Planner Laird reviewed the project and noted the recommendations made by the Design Review Committee and Tom Allen’s comments regarding stormwater issues.

Mayor Lothers made a motion to amend the motion to approve to include Tom Allen’s stormwater comments and the design review committee’s recommendations as conditions. Commissioner Douglas Radley seconded the amendment.
Kevin Gangaware, project engineer, stated the Owner is willing to meet those conditions.

Planner Laird stated that staff would require a revised site plan be submitted and approved by staff before they signed off that all the conditions have been met.

Upon vote being taken, the Amendment to the Motion to Approve passed unanimously.  The original Motion as amended, was approved unanimously.

3.     Annexation request by Haley Industrial Park and Errico Property for addition to industrial park
Henry reviewed this project, and stated that staff recommends the Planning Commission recommend to BOMA, the annexation of the property, and to zone the property Office Industrial (OI).

There was some discussion regarding the 50 foot easement to Kidd Road.  Mr. Errico agreed to have the entire parcel annexed by the Town.

Commissioner Haines made a motion to recommend to the Board of Mayor and Aldermen, to approve the revised plan of service with the conditions to reflect 10.52 acres to be zoned Office Industrial (OI) and the .5 acres to Kidd be zoned as Suburban Residential (SR).  Commissioner Alexander seconded the motion, which passed unanimously.

4.     Request from Jones Company for approval to lay the final surface course to Phase 1
Commissioner Wells made a motion to postpone this request, indefinitely, Commissioner Wilson seconded.  The motion passed unanimously.

OLD BUSINESS
5.     Report from last BOMA meeting
Mayor Lothers reported there was second reading of ordinance 08-13, pertaining to the issue of allowing gravel surface private roads, which was approved with an amendment.  She further reported that resolution 09-12 passed, which was the approval of the updated zoning map.

BONDS

6.     Nolen Park
a.  Nolen Park Phase 1 – Landscaping Bond - $40,000
b.  Nolen Park Phase 1 – Maintenance Bond - $90,000
c.   Nolen Park Phase 1 – Performance Bond - $3,000
Commissioner Wilson made a motion to extent Nolen Park bond numbers 1816, 1819 and 1820 (a, b and c above), Chairman Owens seconded; the motion passed unanimously.

7.     Bent Creek Phase 5, Section 2 – Performance Bond - $177,013.50

8.     People’s State Bank of Commerce – Landscape Bond - $33,000

9.     Haley Industrial Phase 4 – Performance Bond - $157,000
Commissioner Wilson made a motion to approve extension of bond items 7, 8 and 9 above.  Commissioner Wells seconded, the motion passed unanimously.

10.   Approve Bond Report
Mayor Lothers made a motion to approve the Bond Report, Chairman Owens seconded, the motion passed unanimously.

OTHER

ADJOURNMENT
The meeting was adjourned at 9:11 p.m.

Approved,

Bob Haines
Planning Commission Secretary
2009-03 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
March 10, 2009, 7:00 p.m.

Board Members Present: Jimmy Alexander, Bob Haines, Rick Owens, Douglas Radley, Willis Wells, Frank Wilson and Andy Grosson (arrived during Citizen Comments)

Board Members Absent: Mayor Beth Lothers Staff Present: Attorney Bob Notestine, Henry Laird and Cathi Little

Citizens Present:
 14

CALL TO ORDER The meeting was called to order at 7:02 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 minutes from February 10, 2009; Commissioner Bob Haines seconded the motion. The Minutes were approved unanimously by the Board members present.

ANNOUNCEMENTS The Election of a new Planning Commission Secretary was held. Commissioner Jimmy Alexander nominated Commissioner Bob Haines, Commissioner Wilson seconded the nomination. Commissioner Haines was elected as Planning Commission Secretary by a unanimous vote of the Board Members present.

CITIZEN COMMENTS Kelly Dever, 9865 Clovercroft Road. After discussing the cell tower issue with some of her neighbors, she has started an online petition (Attachment A). The petition is asking the Commission to create a strict and comprehensive cell phone tower ordinance to discourage cell phone companies from erecting these towers in residential areas; including height restrictions on the towers, camouflaging requirements, and other things that will make it a little harder to put them up in residential areas and urge them to go to more commercial areas. Ms. Dever also provided the information from the FCC (Attachment B).

NEW BUSINESS

1. Recommend replacement of official zoning map with new edition (no changes in zoning)
Staff recommends that the Planning Commission recommend to BOMA to accept a revised map as the Base Zoning Map. There were no changes to the zoning per parcel; it has only been updated to show more parcels and new streets, with improved delineation of the zoning districts. Commissioner Wilson made a motion to approve the new Base Zoning Map, Commissioner Haines seconded. The motion passed unanimously. OLD
BUSINESS

2. Report from last BOMA meeting Planner Laird reported on the BOMA actions that pertained to the Planning Commission. It was announced that a Workshop will be held on Thursday night at 6:30 p.m. regarding the proposed Town Hall. The workshop will be held at the old school. BONDS

3. McFarlin Woods Sections 5 & 6 bond reduction The developer is requesting to have the performance bond reduced to the minimum amount of $47,700. Chairman Owens made a motion to approve the reduction, Commissioner Willis Wells seconded. The Motion passed unanimously.

4. Approve Bond Report Commissioner Wilson made a motion to approve the bond report as submitted; Commissioner Haines seconded the motion, which passed unanimously.

OTHER

5. Consider study committee on regulating cell towers A committee was set up with Jimmy Alexander, Henry Laird, Don Swartz and Bob Haines, Kelly Dever also volunteered. Planner Laird stated he has regulations from other cities and would like the group to review them and will schedule a time when the committee can get together to discuss the direction they would like to go. Chairman Owens asked to be courtesy copied, as he would like to be involved when time permits. ADJOURNMENT The meeting was adjourned at 7:24 p.m. Approved, Bob Haines Date Planning Commission Secretary
2009-02 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
February 10, 2009, 7:00 p.m.

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 Tom Allen, Henry Laird, Cathi Little and Bob Notestine 

Citizens Present:                    6

Meeting was called to order at 7:00 by Chairman Rick Owens. 

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

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve minutes from January 13, 2009, Commissioner Willis Wells seconded the motion.  Minutes were approved unanimously.

ANNOUNCEMENTS
Mayor Lothers announced that there will be a special meeting regarding the new town hall on the last Friday of the month, February 27, 2009, at 6:30 p.m. at the old elementary school.

CITIZEN COMMENTS
None

NEW BUSINESS

  1. G.W. Jones rezoning request to Commercial Regional at 7047 Nolensville Road.  Deferred from December.
Henry Laird, Town Planner, stated that this request conflicts with the Town’s Land Use Policy Plan, the Floodplain Ordinance, and the Inter-Local Agreement with Brentwood.
 
The proposed zoning would not be compatible with the Town’s land use policy plan and map, nor would it be consistent with the objectives of the Town’s floodplain ordinance.  Such a rezoning to commercial uses would conflict with the environmental policies section of the land use policy plan. 
 
The Land Use Plan Map illustrates that most all of this area along Mill Creek is in the floodplain and is planned for residential land uses only, which is the predominant existing land use in this area.  To allow more intensive development in the floodplain would also be contrary to the objectives of the Town’s Floodplain Ordinance.
 
Tom Allen noted that based on the latest county topographic map, overlaid with the latest official FEMA flood insurance map, this entire parcel is within the 100 year floodplain, and approximately 85% - 90% of this parcel is within the floodway and floodway buffer, which is a no-disturb area. 
 
John Ragland, from Huntsville, Alabama, is the gentleman proposing to purchase and develop the property.  Mr. Ragland asked what would be required for them to go ahead with this.  Tom Allen stated that he would get with Mr. Jones and Mr. Ragland to discuss the information that is required.
 
The applicant, Mr. Jones, withdrew his request.

OLD BUSINESS

  1. CR area access plan for future commercial development along Northern corridor of Nolensville Road.  Consider for appropriate action.
Mr. Laird stated that staff has contacted all affected property owners by letter, and have met with those that could attend the group meeting, and met with some at individual meetings, and spoke with others by phone.  Most of them understand what the Town is attempting to do, but are requesting that the Planning Commission wait until the developers approach us, so as not to have a negative affect on the property sales.

It was decided that no action would be taken at this time.

  1. Report from last BOMA meeting
Mayor Lothers reviewed actions taken by the Board of Mayor and Aldermen on items recommended by the Planning Commission.

BONDS

  1. Monthly Bond Report

Frank Wilson made a motion to approve the Bond Report, Matt Happel seconded, the motion passed unanimously.

OTHER
None

ADJOURNMENT
The meeting was adjourned at 7:36 p.m.

Approved,

Robert Haines,
Planning Commission Secretary
2009-01 Planning Commission Meeting Minutes
Nolensville Planning Commission January 13, 2009

Nolensville Planning Commission Regular Meeting at old Nolensville Elementary School

January 13, 2009

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

Board Members Absent: Beth Lothers and Douglas Radley Staff Present: Tom Allen, Henry Laird, Cathi Little and Attorney Bob Notestine

Citizens Present: 9

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 Chairman Owens.

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

ANNOUNCEMENTS
There will be a workshop held at Town Hall on Tuesday, January 20, 2009, 8:30 a.m. on future land use for northern Mill Creek area along Nolensville Road.

CITIZEN COMMENTS
Larry Gardener - 2536 York Rd. Mr. Gardener spoke about the proposed zoning amendment regarding common driveways. He stated that he feels a 50 foot easement is too wide for just 2 houses; he would like the Commission to consider reducing the easement to a width of 25 to 30 feet.

NEW BUSINESS

1. Election of Officers for 2009 Year Chairman Owens made a motion to continue the officer standing as it currently exists. Commissioner Haines seconded the motion, which passed unanimously.

  • Rick Owens - Chairman
  • Willis Wells - Co-Chairman
  • Matt Happel - Secretary

2. Mill Creek Restoration Project Planner Henry Laird stated that Eric Chance, of the Tennessee Stream Mitigation Program, will give a presentation on this project.

Tom Allen stated that they appeared before the Storm Water Appeals Board. The request was for variances due to disturbance of the stream buffer, grading within the flood plain and floodway. The variances were granted with two conditions: That all necessary state and federal permits are obtained and coordinate the tree planting with the Town.
Mr. Chance explained the background and goals of the Tennessee Stream Mitigation Program and the steps taken on a new project. He went on to say that Turnberry Homes approached them about this project, which is approximately 2400 feet in length. The goals of this project are to improve water quality, channel stability, aquatic habitat and repairing habitat. They are also going to eliminate the non-point source pollutants and stop the bank erosion. They also hope to reestablish bed form diversity and help provide a habitat for the Nashville Crawfish. (See Attachment A)
Two of the bridges will be removed, as they are safety hazards, they are not being used, and they are causing constrictions along the stream channel that cause instability. The upstream bridge will remain. Once completed, the entire project will go into a conservation easement so the integrity of the project can never be impacted again. By removing the bridges, the project will actually lower the 100 year flood plain problems upstream.

Chairman Owens made a motion to approve the Mill Creek Restoration Project, Commissioner Haines seconded. The motion passed unanimously.

BONDS

3. Variance Request/Subdivision Regulations: CK Development
a. Bent Creek Phase 3, Sec. 1 to reduce performance bond to $48,500
b. The Reserve at Bent Creek to reduce performance bond to $64,000
Henry Laird stated that this request is a variance to our subdivision regulations which states that only one reduction to a performance bond is allowed, and not more than 30% of original amount.
Eric McNeely, Cates Kottas Development. Mr. McNeely stated that they had misinterpreted the regulations when they reduced the performance bond, and did not request a reduction of the full 30% of the original bond amount. Since the regulations state only one reduction is allowed, they are requesting a variance to allow a further reduction of the bond amounts.
Chairman Owens made a motion to grant a variance to reduce the performance bond to $48,500 on Bent Creek Phase 3, Section 1; and to reduce the performance bond to $64,000 on the Reserve at Bent Creek. Commissioner Happel seconded the motion.
Commissioner Haines made an amendment to the motion that the granting of this variance will substantially not be detrimental to the public good. Commissioner Happel seconded the amendment, which passed unanimously.
Upon vote being taken, the original motion, as amended, passed unanimously.

4. Bent Creek Phase 5, Section 1, extend $181,000 performance bond Commissioner Wilson made a motion to approve the extension of the $181,000 performance bond on Bent Creek Phase 5, Section 1. Commissioner Happel seconded the motion, which passed unanimously.

OLD BUSINESS

5. CR area access plan for future commercial development along Northern corridor of Nolensville Road
Commissioner Wilson read the following:

3.4.3 Access Plan In order to minimize the number of access points on arterial and collector roads, the Town Planner shall, when the first development occurs in a previously undeveloped area, prepare an access plan for the area. All land owners shall be required to conform to this plan in order to get site plan or subdivision approval. The access plan shall be approved by the Planning Commission.

He was concerned that the Town should speak with the current property owners before making a decision that will affect their property.

Commissioner Alexander stated that it is his impression that by the time this proposed road is to be constructed, that the current property owners will have sold their property to developers.

Jim Solomon, 7044 Nolensville Rd. Mr. Solomon is afraid that if a developer approaches the town and are told they must build a road in order to be approved to develop the area, they may lose interest. He would like to let them show what they would like to do, then tell them we would like to see an access road.

Commissioner Haines made a motion that Town Staff send a letter notifying the property owners that are affected by this access plan that a meeting will be scheduled to explain the Town’s intention. Commissioner Owens seconded the motion, which passed unanimously.

Bob Notestine suggested that when this matter is brought up again for a vote, to indicate such on the agenda.

6. Report from last BOMA meeting

Commissioner Alexander reported on BOMA actions taken at the January 8, 2009, meeting, that pertained to the Planning Commission.

7. Proposed zoning amendment regarding private roads

Chairman Owens made a motion to accept the recommendation by staff to modify the previously changed Article 3.4.7 to allow a gravel surface for up to 2 lots, and require a 22 foot wide paved surface for 3 to 7 lots within an overall maximum density of 1 unit per 1.5 acres. Commissioner Wells seconded the motion, which passed unanimously.

8. Proposed zoning amendment regarding common driveways

Chairman Owens made a motion accepting the recommendations of staff in regards to Article 3.4.8, with the exception that the 50 foot easement will be changed to a 30 foot easement. Commissioner Alexander seconded the motion, which passed unanimously.

OTHER
Commissioner Wilson made a motion to approve the Bond Report as amended, Chairman Owens seconded, the Bond Report was approved unanimously. ADJOURNMENT Meeting was adjourned at 8:40 p.m. Approved, Dated: Matt Happel Planning Commission Secretary

Attachment A