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2011

Minutes Archive

2011-12 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
December 13, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Robert Haines, Charissa Mishu, Rick Owens, Douglas Radley, Jimmy Reaves
 
Board Member Absent:    None
 
Staff Present:    Don Swartz, Attorney Bob Notestine, Kali Mogul, Bob Hayes, and Rick Fisher
 
Citizens Present:       4 
 
1.  CALL MEETING TO ORDER
The meeting was called to order at 7:00 p.m. by Chairman Rick Owens.
 
2.  PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Douglas Radley.
 
3.  APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the November 8, 2011 Planning Commission meeting.  Commissioner Radley seconded the motion, and the minutes were approved unanimously.
 
4. ANNOUNCEMENTS
None

5.  CITIZEN COMMENTS
None
 
6.  NEW BUSINESS
A.    Bent Creek Final Plat, Phase 8, Sec. 1
Eric McNeely represented CK Developers and Bent Creek, approval of the Final Plat for Phase 8 Section 1.  After some discussion about fire hydrant placement and the elevation of the hundred-year flood line, Chairman Owens moved for approval of the Final Plat for Bent Creek Phase 8 Section 1 with the following conditions:
 
1. Developer agrees to mark fire hydrants on the final plat to be recorded
2. Developer will use the recommended addressing for lots
3. Performance bonding to be set at $42,667.88
Commissioner Robert Haines seconded the motion, which passed unanimously.
 
B. Bent Creek Final Plat, Phase 9, Sec. 1
Chairman Owens moved for approval of the Final Plat for Bent Creek Phase 9 Section 1 with the following conditions:
1.  Developer agrees to mark fire hydrants on the final plat to be recorded
2.  Developer will use the recommended addressing for lots
3.  Performance bonding to be set at $52,776.38  
    
Commissioner Larry Felts seconded the motion, which passed unanimously.
 
7.  OLD BUSINESS 
A.  Report from last BOMA meeting.
Mayor Alexander reported that at last BOMA meeting, Ordinance 11-08 concerning the rezoning of property at the corner of Sunset Road and Nolensville Road was defeated by a vote of 3 - 2.
 
8.  BONDS 
 
A.  Bond Actions:
1.  Ballenger Farms Ph. 4 Sec. 1 requests transition from landscaping performance to landscaping maintenance bond
 
Chairman Owens made a motion to approve the request of Ballenger Farms to transition Phase 4 Section 1 from landscaping performance to landscaping maintenance.  Commissioner Jimmy Reaves seconded the motion, which passed unanimously.
 
2.  Ballenger Farms Ph. 3 Sec. 1 and Ph. 3 Sec. 2 requests release from maintenance bond and the Town’s acceptance of streets and related public improvements for maintenance
 
Chairman Owens moved to approve the requests from Ballenger Farms Phase 3 Sections 1 and 2 and recommend the Town accept the streets and related public improvements for maintenance.  Commissioner Radley seconded the motion, which passed unanimously.  BOMA will consider this request at its next meeting January 5, 2012.
 
3.  Burkitt Place Ph. 2A requests extension of maintenance bond
 
Chairman Owens made a motion to approve the extension of the maintenance bond for Burkitt Place Phase 2A.  Commissioner Haines seconded the motion, which passed unanimously.
 
4. Burkitt Place Ph. 2F requests extension of landscaping bond
 
Chairman Owens moved to approve the extension of the landscaping bond for Burkitt Place Phase 2F.  Commissioner Radley seconded the motion, which passed unanimously.
 
B.  Bond Report
Chairman Owens made a motion to accept the Bond Report as amended by the prior action.  Commissioner Reaves seconded the motion, and it passed unanimously.
 
9. OTHER
None
 
10. ADJOURNMENT
The meeting was adjourned at 7:17 p.m.
2011-11 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
November 8, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Robert Haines, Charissa Mishu, Rick Owens, Jimmy Reaves 

Board Member Absent:    Douglas Radley 

Staff Present:    Henry Laird, Attorney Bob Notestine, Kali Mogul, Bob Hayes, and Rick Fisher 

Citizens Present:       1 

1.  CALL MEETING TO ORDER
The meeting was called to order at 7:02 p.m. by Chairman Rick Owens.

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

3.  APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the October 11, 2011 Planning Commission meeting.  Commissioner Robert Haines seconded the motion, and the minutes were approved unanimously.

4. ANNOUNCEMENTS
None

5.  CITIZEN COMMENTS
None

6.  NEW BUSINESS

A.    Bent Creek Final PUD Plan, Phase 6.
Eric McNeely represented Bent Creek, seeking a re-approval of the Final PUD Plan for Phase 6, which was originally approved by the Planning Commission in 2007.  After some discussion about open space, asphalt guidelines, critical lots, garages and street trees, Chairman Owens made a motion to accept the Final PUD Plan for Bent Creek Phase 6 with the following conditions:

1. Developer agrees to realign the mulch walking trail between lots 5126 and 5127 so that it connects to open space in Phase 5
2. Developer will adhere to the newest Town guidelines on binder course and final   surface course
3. Developer will designate 13 critical lots on final plat
4. Developer agrees to adhere to the garage setback ordinance
5. Developer street trees selected for this phase will be appropriately sized, as discussed by Eric McNeely and Commissioner Reaves
Commissioner Larry Felts seconded the motion, which passed unanimously.

B. Rezoning Parcels 56-117.01 Pt., 59-53.09 Pt., and 59-53.05 Pt. from ER to V (part) and SR (part)
Joe Epps was in attendance, representing the applicants.  He said the applicants are in agreement with the Town’s recommendations on the proposed rezoning.  Mayor Alexander asked for a clarification of the designation of Village zoning and allowed uses.  Henry Laird confirmed that Village is a mixed-use plan, and that no Village rezoning is recommended for areas in the flood plain.  Chairman Owens made a motion to recommend the rezoning.  Commissioner Haines seconded, and the motion passed unanimously.

Mr. Epps requested that the public hearing and first reading on this issue be deferred to the January 5, 2012 meeting of the Board of Mayor and Aldermen.  Mayor Alexander agreed to this request. 
 
OLD BUSINESS 

A.  Report from last BOMA meeting.
At last BOMA meeting a public hearing on the rezoning of the Schenkel property at the corner of Sunset and Nolensville Roads was held. 
B. Bond Actions:
1. Haley Industrial Park Phase 1 requests a release from performance bonding and acceptance for maintenance as per conditions of Resolution #11-23 passed by Board of Mayor and Aldermen on September 1, 2011.  Town Engineer Don Swartz has inspected the subdivision and agrees that the roadways and drainage features are completed according to the approved plans.
Chairman Owens made a motion to approve the release of Haley Industrial Park Phase 1 from performance bonding and acceptance by the town for maintenance.  Mayor Alexander seconded the motion, which passed unanimously.  
2. Bond Report
Chairman Owens made a motion to accept the Bond Report as presented.  Commissioner Charissa Mishu seconded the motion, and it passed unanimously. 

OTHER
None

ADJOURNMENT
The meeting was adjourned at 7:35 p.m.
2011-10 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
October 11, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Robert Haines, Charissa Mishu, Rick Owens, Doug Radley, Jimmy Reaves 

Board Member Absent:    None 

Staff Present:    Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes 

Citizens Present:       1 

1.  CALL MEETING TO ORDER
The meeting was called to order at 7:02 p.m. by Chairman Rick Owens.

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

3.  APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the September 13, 2011 Planning Commission meeting.  Commissioner Charissa Mishu seconded the motion, and the minutes were approved unanimously.

4. ANNOUNCEMENTS
Mayor Jimmy Alexander announced that Turnberry Homes had filed a lawsuit against the Town of Nolensville in response to the denial of the Floodplain Spoils Plan considered at the September 13, 2011 Planning Commission meeting.

5.  CITIZEN COMMENTS
None

6.  NEW BUSINESS

A.    Public Hearing on Proposed Amendment to Subdivision Regulations Sections Regarding Bonding and Final Surface Course Installation.
Town Planner Henry Laird explained that staff requests an amendment to the town’s Subdivision Regulations Section 4.1, 2b with regards to completion of the final surface paving and related improvements.  There would also be a revision to Section 4.3 regarding the maintenance of improvements.
After no comments from citizens, Chairman Owens closed the public hearing.

B. Proposed Amendment to Subdivision Regulations Regarding Bonding and Installation of Final Surface Course and Related Improvements. 
Chairman Owens made a motion to approve the proposed amendment to the Subdivision Regulations.  Commissioner Robert Haines seconded the motion.  Mayor Alexander affirmed that this amendment will align the town’s policies with written regulations.  After that notation, the motion passed unanimously.

OLD BUSINESS 

A.  Report from last BOMA meeting.
At the last BOMA meeting, there was a first reading on the rezoning of the Schenkel property at the corner of Sunset and Nolensville Roads to CS with CCO.  Also approved was the request release from maintenance bond and acceptance of the streets in Sections 4A and 4B of Winterset Woods by Town for maintenance. 

B. Bond Actions:
1. Sunset Park requests extension of its performance bond for one year.
Chairman Owens made a motion to approve the extension of Sunset Park subdivision’s performance bond for one year.  Mayor Jimmy Alexander seconded the motion, which passed unanimously.
2. Bond Report
Chairman Rick Owens made a motion to accept the bond report, as amended.  Commissioner Larry Felts seconded the motion, which passed unanimously. 

OTHER
None

ADJOURNMENT
The meeting was adjourned at 7:12 p.m.
2011-09 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
September 13, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Bob Haines, Rick Owens, Doug Radley, Jimmy Reaves 

Board Member Absent:    Charissa Mishu 

Staff Present:    Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes 

Citizens Present:       13 

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

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

3.  APPROVAL OF MINUTES

A. Approval of minutes from August 9th Regular Planning Commission Meeting Chairman Owens made a motion to approve the minutes from the August 9th, 2011 Regular Planning Commission Meeting.  Commissioner Bob Haines seconded the motion.  The minutes were approved unanimously.

B. Approval of minutes from August 30th Special Planning Commission Meeting  Chairman Owens made a motion to approve the minutes from the August 30th, 2011 Special Planning Commission Meeting.  Commissioner Larry Felts seconded the motion.  The minutes were approved unanimously.

4. ANNOUNCEMENTS
Mayor Jimmy Alexander announced that Commissioner Charissa Mishu recently had a baby girl.  He also mentioned there would be an Open House and Dedication Ceremony for the New Town Hall building on Monday, September 19, 2011, at 7:00 p.m.  Immediately following the Planning Commission Meeting, there will be a Public Meeting on Trails and Recreation grants.

5.  CITIZEN COMMENTS
None

6.  NEW BUSINESS

A.    Catalina Subdivision Phase 2 Construction/Floodplain Spoils Plan.
Tom White, attorney, represented the applicant Turnberry Homes.  Mr. White asked permission to distribute a written letter to the commission members with photos detailing support of the cut and fill operation in the Catalina subdivision (letter is attached to these minutes for reference).  Mike Wrye of Lose and Associates, also representing Turnberry Homes, was introduced to review the letter.  The points reviewed by Mr. Wrye were:

* In response to Town staff’s previous opposition to the spoils plan because it is contrary to the open space marked on the preliminary plat, the client states this area falls within the definition of open space; the mounded spoils area in the floodplain would be re-vegetated and maintained at a level “as good or better” than it is today.
* In response to the Town staff’s belief that the spoils plan is a violation of open space requirements. The client states the plan results in no reduction of open space.
* Town staff, pointing to the Zoning Ordinance and subdivision regulations, feels the spoils plan does not reserve natural and historic areas and amenities, with removal of trees.  The client is willing to replace specimen trees.
* In response to a question regarding disturbance of the floodplain area, the client states that there are 44.75 acres of floodplain on this subdivision property, and the spoils plan would impact 1.81, or 4%, of the floodplain in this area.
* Town staff previously mentioned that the proposed spoiling plan was not a permitted use of the area.  The client states that earthwork is a consequence of construction and therefore defined as a land use.
* On a question regarding topography in the area, the client states the grading plan proposed would provide a fill approximately 10-feet higher than the roadway elevation.  The client believes that considering the amount of open space, the mounding of spoils material would be no consequence to the area.
* In response to the question of subsequent mounds of material being generated from spoils, the client states that they do not anticipate having spoils of this magnitude in the future.
* In response to Town staff concerns about storm water impact, the client has conducted a flood study for the stream demonstrating a net decrease in the base flood elevation as a result of the grading proposed.
* In response to concerns about devaluation of existing homes, the client does not believe the mounding of spoils material will devalue the existing lots or those to be platted in the future.
* In response to the Town’s comment that there would need to be a good reason for the cut and fill operation, the client states that this is a standard practice in the construction industry in order to avoid hauling off spoiled material.
* In response to the “basic expression that the spoils plan is a bad idea,” the client states that the cost of removing this material is approximately $250,000.
* Mr. White stated that the client feels the plan meets the town regulations and will result in a huge financial impact. 
Chairman Rick Owens asked approximately how large the fill area will be.  Mr. Wrye stated that the surface area would be approximately the width of two lots—1.8 acres and 150-feet by 300 feet.  Mr. White added that the area would be seeded and strawed.  Chairman Owens asked to clarify the height of the fill area.  Mr. Wrye answered that it would raise 10-feet over the roadway elevation and the maximum depth at any one location would be 16-feet. 

Commissioner Bob Haines asked whether the hill would be on a slope.  Mr. Wrye and Mr. Michael Black of Lose and Associates stated there would be a slope with a 3:1 or 4:1 ratio. 

Commissioner Doug Radley asked what the volume of the spoils material would be.  Mr. Black answered 30,000 yards. 
Larry Felts asked about a possible discrepancy in the amount of area disturbed.  The letter written to the Commissioners stated there would be 1.8 acres and 4 acres disturbed.  Mr. Wrye explained that the mounded spoils material represents 1.8 acres and another area would be cut to compensate for the filled area.  Together, the cut area and filled area equal approximately 4 acres. 

Commissioner Andrew Grosson asked about the amount of future excess material and where this material would be placed.  Mr. Wrye answered that he does not have any additional estimates on future spoils material and that any answer he could provide would be speculation. 

Commissioner Jimmy Reaves asked whether this spoils mound is common area that might require maintenance by homeowners in the future.  Mr. Wrye replied that the floodplain is common area.  Nicky Wells of Turnberry Homes concurred.  He explained that this area is currently left in a natural state and there is no maintenance there currently.
Mayor Jimmy Alexander expressed concern about the homeowners in the Catalina subdivision.  He said that when residents purchased their homes, the original plans for the subdivision showed an area marked as “open space” and that asking the Planning Commissioners to change the original plan would be tough and doesn’t seem natural.  Mayor Alexander also mentioned that in all the time that he worked with the Metro Planning Commission he never saw an area left for spoils in Planned Unit Developments and subdivisions.  Mr. White responded that his client will be financially affected by the outcome of this plan.  He said the current lots are hundreds of feet away from the proposed mounded area and appealed that individuals who may purchase lots in the future would see it in advance and be aware of the mound.  The client feels that this 150-foot by 300-foot area would be an amenity to homeowners. 

Mayor Alexander reiterated that the client is asking the Planning Commission to make a change to the original plan where open space is supposed to exist.  Mr. White stated there is no definition of open space.  It could contain trails, gazebos and play areas.  Mayor Alexander responded that there is a definition of open space in the town’s Zoning Ordinance. 

Open Space - The portion of a site consisting of reserved agricultural, forested or grassland common areas, not including required buffer yards.  Open space should clearly be an integral part of the development and remain undeveloped in perpetuity. 

Mr. White states that this area is currently undeveloped and would remain undeveloped.  It is a relatively small part of the open space.  He said he doubts that anyone who bought a lot in Catalina read the Zoning Ordinance on open space. 
Mayor Alexander also pointed out that according to the Subdivision Regulations 5.14 under Section 1, 
"Existing features which would add value to development and the Town as a whole, such as trees, drainage ways, streams, cemeteries, historic sites, stone fences, and similar irreplaceable assets, should be preserved to the greatest extent possible in the design of the subdivision…" 

Mr. White explained that any trees of stature would be replaced caliper per caliper.  Currently the area is inhabited mostly by scrub. 

Commissioner Owens, in looking at the preliminary plat, noted that the future phases are quite close to the proposed fill area.  Mr. White pointed out the current phase is actually thousands of feet away from the fill area.  The future phases would be adjacent to the area but completely aware of the mound in the open space. 

Commissioner Reaves pointed out that the fill area would be a permanent feature in the subdivision that would result in an endless expense and burden to the homeowners.  If the homeowners decide to maintain and mow the mound, the sides are so steep that it would result in ruts which would then need to be filled in and reseeded.  Mr. White answered that buildups of material are often considered amenities where gazebos can be placed.  The area is simply open space and the cost to maintain it would be negligible. 

Commissioner Reaves asked what depth of soil would be placed over the rock in the mounded area and up the side slope.  Mr. Wells said that typical depth of topsoil would be 12-inches.  Mr. Reaves said with a side slope of 3:1 would be nearly impossible to mow.  Mr. Wells said that currently the area is unmaintained and there are no plans to maintain the area in the future even after the fill is placed.  In his view, this area is the same as the other 40+ acres of open space in the subdivision.  

Mr. Wells also clarified that Section 2 of Catalina does not abut the fill area.  There is still another future section between the fill area and Section 2.  No lots in Section 2 have been sold. 

Mr. White restated that the client suggests leaving the proposed cut and fill area unmaintained.  This area is less than two acres of 40 acres of open space.  Once the residents take over the Homeowner’s Association, they will decide whether they want to maintain the open space area. 

Commissioner Reaves asked who currently controls the HOA.  Mr. White replied that the client, Turnberry Homes, currently controls the HOA.  Commissioner Reaves indicated that currently Turnberry Homes has the right to decide whether the mounded area is maintained, but eventually the homeowners will have the right to decide.  At that point, they may want to have the mounded area maintained, which would be expensive due to the topography.

Chairman Rick Owens concurred with the Mayor that several items are in conflict—there is a violation of the original preliminary plat showing tree preservation in the floodplain and open space area.  There also is a conflict with the Town’s subdivision regulations stating that open space should preserve natural features.  

Commissioner Bob Haines asked whether the handout distributed at the beginning of the meeting was the original plat.  Mr. White answered that it was.  Mr. Haines asked for an explanation about the location of the spoils in relation to home sites on the original plat.  Mr. Wrye indicated that the spoils area would be adjacent to two home sites.  

Chairman Owens acknowledged a citizen who asked to speak.  Ms. Joyce Powers, of 1023 Bitticks Creek, is the chairperson of the Trees and Trails Committee.  Ms. Powers asked whether the proposed cut and fill area is on what was the stream mitigation project.  Mr. White answered that it is not.  Commissioner Doug Radley asked whether the increased velocity of the stream due to the cut and fill would impact the wetland.  Mr. Wrye answered that there would be an increase from nine (9) to ten (10) FPS in channel velocity, which would be negligible and considered a manageable overbank velocity.  Generally erosion occurs when there FPS is in the four (4) to five (5) range. 

Commissioner Haines asked whether the study to determine these data assumed that homes would be built in this area.  Mr. Wrye answered that the hydraulic study conducted by an outside firm did take into consideration homes built in this area.  Mr. Wells mentioned that the subdivision is at the bottom of a watershed and they are detaining on-site. 
Town Planner Henry Laird said there were a few points to clarify from the letter distributed at the beginning of the meeting. 

* Mr. White’s letter indicated that the Catalina subdivision was approved prior to the establishment of storm water management provisions.  Laird said this information was incorrect. Mr. White’s letter indicates that Nolensville’s subdivision regulations allow for any cut and fill operation.  In fact, the storm water and floodplain regulations do not mention spoiling of excess material as an allowable use.  Under Section 18-305 A.11 subparagraph h sets forth conditions for which residential uses, meaning buildings, can be permitted for “lots of record” prior to April 1, 1981.  There must be “no other building site outside the floodplain available…” which clearly indicates that this section only applies to building a residential structure, not a pile of excess materials.
* Laird also pointed out that the landscape plan of the preliminary plat for the development shows trees being preserved in the proposed fill area.
 Chairman Owens made a motion for disapproval of the cut and fill as presented based on the following points: 
* The project does not preserve the natural beauty and topography of Nolensville. 
* Open space would not be left in its natural state as a result. 
* The proposed plan violates tree preservation mandates in the floodplain and open space areas. 
Commissioner Haines seconded the motion for disapproval.  The motion for disapproval passed unanimously. 
B.  Proposed Amendment to Subdivision Regulations Sections Regarding Bonding and Final Surface Installation. 
Mr. Laird explained the staff feels there should be an amendment to the Subdivision Regulations for performance and maintenance bonding to bring the Town’s operating policy in line with written regulations.  Town Attorney Bob Notestine mentioned that a public hearing should be set for the next Planning Commission meeting.  Chairman Owens polled the commissioners to find out whether they would be amenable to a public hearing on the amendment at the October 11, 2011 PC meeting.  By general consensus, all commissioners agreed to the public hearing.

OLD BUSINESS 

A.  Report from last BOMA meeting
BOMA passed second reading of the annexation ordinance requested by Mr. Yazdian.  It also approved the second reading of the zoning text amendment dealing with the non-conforming use sections of the zoning ordinance.  BOMA conditionally approved the release of Pinnacle Bank/Haley Industrial Park from maintenance bonding and acceptance of streets at such time when construction is completed and approved by the Town Engineer. 

B. Bond Actions:

1. Brittain Downs PUD, Phase 1, requests to move from performance bond to maintenance bond for a period of two years at $82,100.00.
      Chairman Owens made a motion to disapprove the request to move to maintenance and extend the performance bond.  Commissioner Reaves seconded the motion, which passed unanimously.

2. Winterset Woods Sections 4A and 4B, request release from maintenance bond and acceptance by Town for maintenance. 
Chairman Owens made a motion to approve of release of Winterset Woods Sections 4A and 4B from maintenance bond and recommendation for acceptance by the town for maintenance to BOMA.  Commissioner Felts seconded the motion, which passed unanimously. 

3. Nolen Park Subdivision requests extension of performance bond for Landscaping, Phase 1 Storm Sewer and Roadway, Phase 1 Roadway, and Phase 2 Storm Sewer and Roadway. 
Chairman Owens made a motion to approve extension requests of Nolen Park Subdivision bonding.  Commissioner Grosson seconded the motion, and it passed unanimously.

 4. Bond Report
Chairman Rick Owens made a motion to accept the bond report, as amended.  Commissioner Reaves seconded the motion, which passed unanimously. 

OTHER
A.  There will be a public meeting and workshop after the Commission meeting to discuss possible walking trail/recreation grant applications.  Please stay and offer your input into the development of future trail and related plans.

ADJOURNMENT
The meeting was adjourned at 8:11 p.m.
2011-08 Planning Commission Special Meeting Minutes
Nolensville Planning Commission
Special Meeting
August 30, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Bob Haines, Rick Owens, Doug Radley, Jimmy Reaves

 Board Member Absent:    Charissa Mishu 

Staff Present:    Henry Laird, Don Swartz, Attorney Bob Notestine, Kali Mogul and Bob Hayes 

Citizens Present:       2 

CALL MEETING 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 Chairman Owens.

NEW BUSINESS

1.    Performance bonds, security, and waiver of maintenance bonds for Phases 1 and 4 of Haley Industrial Park.
After some discussion, Chairman Owens made a motion to recommend Pinnacle Bank’s release from performance bonding for Phases 1 and 4 of Haley Industrial Park and grant a variance to waive maintenance bonding contingent on Pinnacle Bank constructing the roadways and contingent upon the approval of the construction by the Town Engineer, Don Swartz.  Commissioner Larry Felts seconded the motion, which passed unanimously. 

OTHER
Mayor Alexander thanked the Commission and staff for attending the special meeting.

ADJOURNMENT
The meeting was adjourned at 7:20 p.m.
2011-08 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
August 9, 2011, 7:00 p.m.

Board Members Present:  Jimmy Alexander, Andy Grosson, Larry Felts, Bob Haines, Charissa Mishu, Rick Owens, Jimmy Reaves

Board Member Absent:    Doug Radley

Staff Present:    Henry Laird, Don Swartz, Attorney Bob Notestine, Tom Allen, Kali Mogul and Bob Hayes

Citizens Present:       7

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

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

APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the July 12, 2011 Planning Commission Meeting.  Commissioner Andy Grosson seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS

1.    Catalina Subdivision Phase 2 Construction/Floodplain Spoils Plan.
Tom White, attorney, represented the applicant Turnberry Homes.  Mr. White explained that the applicant is lacking a hydraulic analysis required for consideration of the Construction/Floodplain Spoils plan.  He requested a deferral to the September 13, 2011 Planning Commission Meeting in order to complete the analysis.  Mr. White also requested an informal discussion of the matter.  The Commission approved the deferral of the decision on Catalina’s floodplain spoils plan by acclamation.   Mike Wrye of Lose and Associates, also representing Turnberry Homes, agreed to complete and submit the hydraulic analysis within three weeks of the next Planning Commission meeting on September 13.
Tom Allen, of Neel-Schaffer, arrived at 7:08 p.m.

Discussion of the floodplain spoils plan in relation to the Town’s Zoning Ordinance, Subdivision Regulations, Storm water and Floodplain Regulations took place.

OLD BUSINESS 

2.  Report from last BOMA meeting
Mr. Laird reported that a Public Hearing was held on the volunteer annexation ordinance requested by Mr. Yazdian and on the Plan of Services pertaining to the annexation.  A resolution was passed that approved the Plan Of Services.  A Public Hearing was also held on zoning text amendment concerning abandonment and change of uses for non-conforming uses.

Chairman Rick Owens requested approval to return to a previous agenda item, Citizen Comments, as several residents arrived late to the meeting.  The Commission approved a return to Citizen Comments by acclamation. 

Elizabeth Sykes, of 2029 Catalina Way in Nolensville spoke on behalf of several homeowners in Catalina Subdivision.  She said the neighbors are opposed to the floodplain spoils plan for aesthetic reasons and because the proposed berm would add to poor drainage conditions in the area.

Steve Schiller of 2033 Catalina Way in Nolensville said, after talking with many of his neighbors, they are adamantly opposed to the proposed berm not only for aesthetic reasons but because the residents would ultimately be financially responsible for long-term maintenance of the proposed berm. 

   3.  Bond Actions:

A. Ballenger Farms Subdivision, Phase 3, Sections 1 & 2 requests release from maintenance bond and acceptance by the Town for maintenance.

Town Engineer Don Swartz reported that in his review of the sections, there were a number of sidewalk sections and handicap ramps that were cracked or broken and needed to be replaced.  After some discussion between Attorney Bob Notestine, staff and commissioners regarding a possible conditional release, the consensus was that the Commission generally hasn’t recommended a release from maintenance bonds in subdivisions where work was still needed.  
Commissioner Grosson asked about landscaping and mentioned he had seen some dead trees in the subdivision.  
Commissioner Larry Felts made a motion to deny release from maintenance bonds for Ballenger Farms Phase 3 Sections 1 & 2.  Commissioner Jimmy Reaves seconded the motion.  Upon a vote being taken, the motion was approved unanimously.

B. Ballenger Farms Subdivision, Phase 4, Section 1, requests release from performance bond and transition to maintenance bond at $87,065.70.

Mr. Laird reported the final layer of asphalt had not been laid and there were some additional repairs that should be made.  He mentioned that according to Town Subdivision Regulations, a transition to maintenance could be made without the final layer of asphalt, but the Planning Commission has not generally approved such requests.

Chairman Owens made a motion to deny the transition to maintenance.  Commissioner Bob Haines seconded the motion.  Upon a vote being taken, the motion was approved unanimously.

         C. Acceptance of Bond Report
Chairman Owens made a motion to accept the Bond Report.  Commissioner Larry Felts seconded the motion, which passed unanimously.

OTHER
Mayor Alexander mentioned that this would be Commissioner Mishu’s last meeting for several months, as she is expecting a baby on September 1, 2011.

ADJOURNMENT
The meeting was adjourned at 7:34 p.m.
2011-07 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
July 12, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Larry Felts, Bob Haines, Charissa Mishu, Rick Owens, Doug Radley, Jimmy Reaves

Board Member Absent:           None

Staff Present:                          Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes

Citizens Present:                      6

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

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

APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the June 14, 2011, Planning Commission Meeting.  Mayor Jimmy Alexander seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS

1.  Ms. Betty Friedlander of 240 Norfolk Lane announced that the Library of Congress Gateway to Knowledge Traveling Exhibition will be in Franklin, TN at the Williamson County Public Library in Franklin July 19-20.  Hours of operation are 10:00 a.m. – 6:00 p.m.

2.  Mr. Tommy Dugger of 2260 Rolling Hills asked the Planning Commission to review the setback in the Commercial Corridor Overlay, since the Zoning Ordinance now allows two rows of parking.

NEW BUSINESS

1.  Final Plat Phase 2, Catalina
Ron Lowery, of Delta Associates, Inc. was present to represent Turnberry Homes and Catalina Subdivision.  Commissioner Larry Felts asked whether Phase 2 of Catalina would include paving Brittain Lane.  This portion of work is required at 80% build-out.
Chairman Owens made a motion to approve the final plat of Phase 2, Catalina with the condition that performance bonding be set at $30,475.00.  Commissioner Larry Felts seconded the motion, which passed unanimously.

2. Proposed Plan of Services for Annexation of Map 33, Parcel 93 and Map 33, Parcel 95 requested by owners Mr. Yazdian and Y & H.A. Tennessee General Partnership
Henry Laird stated that Mr. Yazdian has requested annexation of the area, which encompasses approximately 43.1 acres, lies adjacent to Burkitt Place subdivision and connects with Kidd Road.  All of this property is well within the Town’s approved Urban Growth Boundary, as future development, roads and water/sewer connection would connect via Burkitt Place.  Staff recommends this area be zoned Suburban Residential (SR).

Mr. Laird and staff also recommend revising language under “Existing land use” on page 2 and “Future Zoning” on page 3 of the proposed Plan of Services prior to passage.

Mr. Joe Epps, of Anderson, Delk, Epps and Associates represented the applicant.  He said Mr. Yazdian purchased the majority of this property in 2005 and is planning to develop single-family residential housing there in accordance with Town standards.  Plans will be submitted after annexation is completed.  Mr. Yazdian has contacted some adjacent property owners to find out whether these residents are interested in being annexed under the ordinance.
 After some further discussion, Chairman Owens made a motion to recommend the proposed Plan of Services with amendments suggested by Henry Laird on pages 2 and 3. Commissioner Bob Haines seconded the motion, which passed unanimously.

OLD BUSINESS 

3.  Report from last BOMA meeting
Mr. Laird reported that BOMA considered the first reading of the annexation ordinance requested by Mr. Yazdian and the first reading of the zoning text amendment concerning abandonment and change of uses for non-conforming uses.

4.  Bond Actions:
A. Catalina Phase 1 requests extension of performance bond for one year. 
Chairman Owens made a motion to extend the performance bond for one year.  Commissioner Andrew Grosson seconded the motion, which passed unanimously.

B. Acceptance of Bond Report, as amended
Chairman Owens made a motion to accept the Bond Report, as amended.  Commissioner Haines seconded the motion, which passed unanimously.

ADJOURNMENT
The meeting was adjourned at 7:26 p.m.
2011-06 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
June 14, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Larry Felts, Charissa Mishu, Rick Owens, Jimmy Reaves

Board Member Absent:           Bob Haines, Doug Radley

Staff Present:                          Henry Laird, Don Swartz, Attorney Bob Notestine, Engineer Tom Allen, Kali Mogul and Bob Hayes

Citizens Present:                      15

CALL MEETING TO ORDER
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 Chairman Owens.

APPROVAL OF MINUTES
After recusing himself from the vote, Commissioner Rick Owens made a motion to approve the minutes from the May 10, 2011, Planning Commission Meeting.  Commissioner Larry Felts seconded the motion.  The minutes were approved by a vote of 5 – 0 with one abstention.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
1.  Mr. Rick Norman of 1267 Countryside Drive in Stonebrook spoke in favor of the rezoning and development of the site at 7223 Nolensville Pike, saying it would be a vast improvement to the community. 

2.  Mr. Ron Warbritton of 7097 Nolen Park Circle in Nolen Park subdivision spoke in favor of the rezoning of the site at 7223 Nolensville Pike, saying with proper engineering and planning, the development would be valuable to the town of Nolensville.

NEW BUSINESS

1.    Rezoning Application of 7223 Nolensville Road by Premo Investment Company and Highpoint Investors
Mr. Tom White, attorney with Tune, Entreken & White, P.C. and Mr. Charles Lowe, with Ragan-Smith, represented the property owner.  Following an introduction by Mr. White, Mr. Lowe gave a short presentation about the planned commercial development. Town Planner Henry Laird presented an overview of information from the town staff, including an exhibit of Nolensville’s Land Use map and specific language included in the written Land Use Policy.  Mr. Tom Allen, with Neel-Schaffer also supplied a written memo and map regarding the floodplain and floodway.

After some discussion of the presentations and supporting materials, Chairman Owens moved to recommend disapproval of rezoning of the site to the Board of Mayor and Aldermen based on the Town of Nolensville’s Land Use Policy, section B #1 Environmental Policies, stating “Land immediately adjacent to streams should be left in a natural state to control erosion and sedimentation of such streams.  Natural drainage should not be altered except when absolutely necessary.” And #2, stating “Flood plain areas should be limited in development intensity to those activities that do not obstruct flood flows.”

The motion was seconded by Commissioner Andrew Grosson.  A vote was taken but did not pass, as voting among the commissioners was tied, with three voting in favor of the motion and three voting against it.  

After further discussion, Commissioner Felts made a motion to recommend approval of rezoning of the site.  Commissioner Charissa Mishu seconded the motion.  A vote was taken but did not pass, as voting among the commissioners was tied, with three voting in favor of the motion and three voting against it.

Attorney Bob Notestine explained that since the motion to recommend approval of rezoning failed to pass, the recommendation to BOMA will be to disapprove the rezoning.

2. Text Amendment to Correct Language on Non-Conforming Uses in Zoning Ordinance
Henry Laird stated that Town Staff has found that a previous amendment to the non-conforming use regulations section of the zoning ordinance made under Ordinance 06-12 aimed at bringing the Town’s regulations on abandonment and expansion of legal non-conforming uses in line with state statutes was incorrect in the section dealing with Change of Uses, 1.5.5.  Such wording should have been placed under the Abandonment/Termination section, 1.5.6.  The wording for the Change of Use should not have been changed.
Chairman Owens made a motion to recommend approval of zoning ordinance text change to BOMA.  Mayor Jimmy Alexander then seconded the motion, which passed unanimously.

OLD BUSINESS 

3.  Report from last BOMA meeting
There were no items from the Planning Commission that went before the May BOMA meeting.

4.  Bond Actions:
A. McFarlin Woods Phases 5 & 6 requests extension of performance bond
Chairman Owens made a motion to extend the performance bond for one year.  Commissioner Felts seconded the motion, which passed unanimously.

B. Acceptance of Bond Report, as amended
Chairman Owens made a motion to accept the Bond Report, as amended.  Commissioner Jimmy Reaves seconded the motion, which passed unanimously.

ADJOURNMENT
The meeting was adjourned at 7:48 p.m.
2011-05 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
May 10, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Bob Haines, Larry Felts, Douglas Radley, Jimmy Reaves

Board Member Absent:           Charissa Mishu and Rick Owens

Staff Present:                           Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes

Citizens Present:                      11

The meeting was called to order at 7:00 p.m. by Vice Chairman Doug Radley.

PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Vice Chair Radley.

APPROVAL OF MINUTES
Commissioner Jimmy Reaves made a motion to approve the minutes from the April 12, 2011, Planning Commission Meeting.  Commissioner Larry Felts seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS

1.    Agnew Minor Subdivision Plat
Enoch Jarrell, of Huddleston-Steele Engineering, Inc. represented the property owners, Allen and Heidi Agnew, who were also present.  Following a discussion of a right-of-way “dedication” versus “reservation,” Vice Chairman Radley made a motion to approve the minor subdivision plat with the following conditions:

A.  The final plat will accurately reflect the new addresses of the two lots and
B.    A right-of-way reservation will be shown on the final plat for future expansion of Sunset Road. 
Commissioner Bob Haines seconded the motion, which passed unanimously.

2. Brittain Plaza Site Plan, Phase 2
Mr. Joe Epps, of Anderson, Delk, Epps & Associates, Inc. represented the applicant, Grandview Eight G.P.  After a brief discussion, Vice Chair Radley made a motion to approve the site plan with a $43,000.00 Landscaping Performance Bond.  Commissioner Reaves then seconded the motion, which passed unanimously.

3.  Brittain Plaza Minor Subdivision Plat
Mr. Epps, once again represented the applicant.  Vice Chair Radley made a motion to approve the minor subdivision plat for Brittain Plaza.  Commissioner Felts seconded, and the motion was approved unanimously. 

4.  Bent Creek PUD Plan Phase 9, Section 1
Eric McNeely represented CK Development.  Commissioner Felts made a motion to approve the PUD Plan for Bent Creek Phase 9, Section 1.  Commissioner Reaves seconded the motion, which passed unanimously.

5. Burkitt Place Final Plat Section 2H
Rick Blackburn of Regent Homes represented the developer.  Commissioner Haines made a recommendation that any decks or patios be constructed within the “building envelope” for each lot.  Vice Chair Doug Radley made a motion to approve the final plat for Burkitt Place Section 2H with a Performance Bond amount set at $440,745.00.  Commissioner Haines seconded, and the motion was approved unanimously.

OLD BUSINESS 

6.  Report from last BOMA meeting
There were no items from the Planning Commission that went before the May BOMA meeting.

7.  Bond Actions:

A. Bent Creek Phase 3, Section 1 requests extension of performance bond
Commissioner Reaves made a motion to extend the performance bond for one year and increase the bond amount by 10% to $53,350.00.  Mayor Alexander seconded the motion.  The motion passed unanimously.

B. Acceptance of Bond Report, as amended
Commissioner Reaves made a motion to accept the Bond Report, as amended.  Commissioner Andrew Grosson seconded the motion, which passed unanimously.

ADJOURNMENT
The meeting was adjourned at 7:29 p.m.
2011-04 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
April 12, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Bob Haines, Larry Felts, Rick Owens, Douglas Radley, Jimmy Reaves and Charissa Mishu

Board Member Absent:           None

Staff Present:                           Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes

Citizens Present:                      11

 CALL MEETING 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 Larry Felts.

APPROVAL OF MINUTES
After recusing himself from the vote Chairman Owens made a motion to approve the minutes from the March 8, 2011, Planning Commission Meeting.  Commissioner Doug Radley seconded the motion.  The minutes were approved by a vote of 7 – 0, with one abstention.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS

1.  Bent Creek Phase 8 Section 1 Final PUD Plan
Eric McNeely represented CK Development.  After some discussion and a recommendation from the Commission to review the tree selections for this phase, Chairman Rick Owens made a motion to approve the Final PUD Plan.  Commissioner Charissa Mishu seconded the motion, which passed unanimously.

2.  Winterset Woods Preliminary Plat/Final PUD Plan, Sections 5 & 6
Mr. Masoud Fathi, Civil & Environmental Engineering Services, LLD and Tim Fish represented the Winterset Woods Development.  After discussion, Chairman Owens moved for approval of the Preliminary Plat and Final PUD Plan for Sections 5 and 6 with the following conditions: 

     A.     Applicant must install sidewalks on both sides of the street in both phases.
     B.     Applicant must meet Tom Allen’s recommendations for drainage.
     C.     Plat for Section 6 should be revised with notes stating 22 single family home lots are planned.

Mr. Fathi and Mr. Fish both agreed to comply with these conditions.  Commissioner Bob Haines then seconded the motion, which passed unanimously.

3.  Site Plan for New Commercial Building:  Sheldon Valley Phase 2
Mr. Kevin Gangaware, of Civil Site Design Group and Mr. Matt Happel of Turner & Associates spoke on behalf of developer Monte Turner of Nolensville Retail Partners. 
Chairman Rick Owens made a motion to approve the Site Plan for Sheldon Valley Phase 2.  Commissioner Andrew Grosson seconded the motion, which was approved unanimously.

OLD BUSINESS 

4.       Report from last BOMA meeting
There were no items from the Planning Commission that went before the April BOMA meeting.

5.     Bond Actions:

A. Bent Creek Phase 5, Section 2 requests extension and reduction of performance bond
Chairman Owens made a motion to extend the performance bond for one year and reduce the bond amount to $60,000.  Commissioner Haines seconded the motion.  The motion passed unanimously.

B.  Haley Industrial Park Phase 2 requests extension of performance bond
Town Planner Henry Laird stated that TDOT has agreed to resurface Nolensville Road and the turn lane in front of the industrial park.  Pinnacle Bank, owner of the property, has committed to extending the bond and working with TDOT and its construction company to complete the work on the industrial park streets within the year.
Chairman Owens moved to approve the extension of the performance bond for one year.  Commissioner Felts seconded the motion, which passed unanimously.

C.  Burkitt Place Phase 2F requests reduction of performance bond and extension
Chairman Rick Owens made a motion to extend the performance bond for one year and reduce the bond amount to $47,277.  Commissioner Reaves seconded the motion.  The motion passed unanimously.

D.  Acceptance of Bond Report, as amended
Chairman Owens moved to approve the Bond Report, as amended.  Vice Chair Radley seconded the motion, which passed unanimously.

ADJOURNMENT
The meeting was adjourned at 7:39 p.m.
2011-04 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
April 12, 2011, 7:00 p.m.

Board Members Present:         Jimmy Alexander, Andy Grosson, Bob Haines, Larry Felts, Rick Owens, Douglas Radley, Jimmy Reaves and Charissa Mishu

Board Member Absent:           None

Staff Present:                           Henry Laird, Attorney Bob Notestine, Kali Mogul and Bob Hayes

Citizens Present:                      11

 CALL MEETING 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 Larry Felts.

APPROVAL OF MINUTES
After recusing himself from the vote Chairman Owens made a motion to approve the minutes from the March 8, 2011, Planning Commission Meeting.  Commissioner Doug Radley seconded the motion.  The minutes were approved by a vote of 7 – 0, with one abstention.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS

1.  Bent Creek Phase 8 Section 1 Final PUD Plan
Eric McNeely represented CK Development.  After some discussion and a recommendation from the Commission to review the tree selections for this phase, Chairman Rick Owens made a motion to approve the Final PUD Plan.  Commissioner Charissa Mishu seconded the motion, which passed unanimously.

2.  Winterset Woods Preliminary Plat/Final PUD Plan, Sections 5 & 6
Mr. Masoud Fathi, Civil & Environmental Engineering Services, LLD and Tim Fish represented the Winterset Woods Development.  After discussion, Chairman Owens moved for approval of the Preliminary Plat and Final PUD Plan for Sections 5 and 6 with the following conditions: 

     A.     Applicant must install sidewalks on both sides of the street in both phases.
     B.     Applicant must meet Tom Allen’s recommendations for drainage.
     C.     Plat for Section 6 should be revised with notes stating 22 single family home lots are planned.

Mr. Fathi and Mr. Fish both agreed to comply with these conditions.  Commissioner Bob Haines then seconded the motion, which passed unanimously.

3.  Site Plan for New Commercial Building:  Sheldon Valley Phase 2
Mr. Kevin Gangaware, of Civil Site Design Group and Mr. Matt Happel of Turner & Associates spoke on behalf of developer Monte Turner of Nolensville Retail Partners. 
Chairman Rick Owens made a motion to approve the Site Plan for Sheldon Valley Phase 2.  Commissioner Andrew Grosson seconded the motion, which was approved unanimously.

OLD BUSINESS 

4.       Report from last BOMA meeting
There were no items from the Planning Commission that went before the April BOMA meeting.

5.     Bond Actions:

A. Bent Creek Phase 5, Section 2 requests extension and reduction of performance bond
Chairman Owens made a motion to extend the performance bond for one year and reduce the bond amount to $60,000.  Commissioner Haines seconded the motion.  The motion passed unanimously.

B.  Haley Industrial Park Phase 2 requests extension of performance bond
Town Planner Henry Laird stated that TDOT has agreed to resurface Nolensville Road and the turn lane in front of the industrial park.  Pinnacle Bank, owner of the property, has committed to extending the bond and working with TDOT and its construction company to complete the work on the industrial park streets within the year.
Chairman Owens moved to approve the extension of the performance bond for one year.  Commissioner Felts seconded the motion, which passed unanimously.

C.  Burkitt Place Phase 2F requests reduction of performance bond and extension
Chairman Rick Owens made a motion to extend the performance bond for one year and reduce the bond amount to $47,277.  Commissioner Reaves seconded the motion.  The motion passed unanimously.

D.  Acceptance of Bond Report, as amended
Chairman Owens moved to approve the Bond Report, as amended.  Vice Chair Radley seconded the motion, which passed unanimously.

ADJOURNMENT
The meeting was adjourned at 7:39 p.m.
2011-03 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
March 8, 2011, 7:00 p.m.

Board Members Present:        Jimmy Alexander, Andy Grosson, Bob Haines, Larry Felts, Douglas Radley, Jimmy Reaves and Charissa Mishu

Board Member Absent:           Rick Owens

Staff Present:                         Henry Laird, Don Swartz, Attorney Bob Notestine, Kali Mogul and Bob Hayes

Citizens Present:                     31

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

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

APPROVAL OF MINUTES
Commissioner Bob Haines made a motion to approve the minutes from the February 8, 2011, Planning Commission Meeting.  Commissioner Jimmy Reaves seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
Town Planner Henry Laird reported that he would share some citizen letters that had been submitted regarding New Business item 2, Bent Creek Final PUD Plan Phase 4, Section 1.

NEW BUSINESS

1.    Site Plan for Uncle Bud’s Catfish Parking Area (Cho Property)
Craig Dever, of Uncle Bud’s Catfish, appeared to answer any questions.  
Town Planner Henry Laird stated that staff has been working with the ownership of Uncle Bud’s and Ms. Mary Cho, owner of the vacant land adjacent to the restaurant to be used as a parking area.  He said that Ms. Cho is in agreement with the plans and town staff is satisfied with the designs submitted with the exception of two criteria that should be met if approval is granted, and Laird explained the conditions.
Commissioner Larry Felts made a motion to approve the Site Plan for Uncle Bud’s Catfish off-site parking area with the staff-recommended conditions as follows:

  1. Applicant must install another light in addition to the one shown on the plans and submit detailed lighting specifications for lights selected prior to installation.
  2. The off-site parking area must be completed within sixty (60) days, depending on the weather conditions.

Commissioner Andrew Grosson seconded the motion, which was approved unanimously.

  1.  Bent Creek Final PUD Plan Phase 4, Section 1

Town Planner Laird read three letters e-mailed by residents of Nolensville’s Bent Creek Reserve about the planned Phase 4, Section 1.  Engineer Eric McNeely and Bill Kottas, representing CK Developments, and Glen McGehee, representing Pulte Homes, the builder of the new phase, were present to address concerns and answer questions. 
After some discussion about the location of the cul-de-sac to back up to Lodge Hall Road, the proposed pedestrian walking trail and the preservation of trees between the Reserve and Phase 4, Section 1, Commissioner Bob Haines made a motion to approve the final PUD plan with the following staff-recommended conditions:

  1.  
    1. A pedestrian access easement must be added and a walking trail be developed in this easement to connect with the adjacent future open space.
    2. The cul-de-sac at Aunt Nannies Place should be moved to the west to preserve as many existing trees as possible.
Commissioner Grosson seconded the motion, which was approved unanimously.

OLD BUSINESS 

3.    Report from last BOMA meeting
Planner Laird reported that on March 3, 2011 the Board of Mayor and Aldermen voted in favor of accepting the streets in Benington Subdivision, Section 1, and the maintenance bond was released.

4.    Bond Actions:
A.  Benington Subdivision Section 1 requests release of landscaping maintenance bond
Commissioner Reaves made a motion to release Benington Section 1 from its landscaping maintenance bond.  Commissioner Charissa Mishu seconded the motion.  The motion passed unanimously.

  1. Acceptance of Bond Report, as amended
Vice Chair Radley made a motion to accept the Bond Report, as amended.  Commissioner Reaves seconded the motion, which passed unanimously.

OTHER
5.    Vice Chair Radley explained that the regular Planning Commission meeting would be adjourned, followed by a workshop discussion of the concept plan for commercial development of the Schenkel property located at 7223 Nolensville Road.

ADJOURNMENT
The meeting was adjourned at 7:39 p.m.

Approved,
     
Bob Haines                                                   Date
Planning Commission Secretary
2011-02 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
February 8, 2011 7:00 p.m.

Board Members Present:        Jimmy Alexander, Andy Grosson, Bob Haines, Larry Felts, Rick Owens, Douglas Radley, Jimmy Reaves and Charissa Mishu

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

Citizens Present:                     7

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

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

APPROVAL OF MINUTES
Chairman Owens made a motion to approve the minutes from the January 11, 2011, Planning Commission Meeting.  Commissioner Douglas Radley seconded the motion.  The minutes were approved unanimously.

ANNOUNCEMENTS
Mayor Alexander stated that he is speaking with 2 people that wish to serve on the Planning Commission, and will be appointing someone soon.

CITIZEN COMMENTS
None

NEW BUSINESS

1.    Revised Site Plan for Town Center Shopping Center, 7240 Nolensville Road
Kevin Gangaware of Civil Site Design Group, PLLC, who is the engineer for the project, appeared on behalf of the applicant to answer any questions.  

Town Planner Henry Laird stated that staff and the Design Review Committee have reviewed the applicant’s responses to the comments and are satisfied with the responses and revisions that have been made; however, there are some conditions that will need to be met, and Laird explained those conditions.

Chairman Rick Owens made a motion to approve the Revised Site Plan for Town Center Shopping Center with the staff-recommended conditions as follows:

  1. Applicant must comply with the comments/recommendations in Tom Allen’s memorandum dated February 1, 2011, and make the necessary plan revisions.
  2. A landscaping performance bond must be provided to the town in the amount of $55,703.00, which is 110% of the estimated cost of all proposed plant materials and installation labor costs.  This bond must be followed by a maintenance bond to cover any replacement planting after the performance phase is completed.
  3. Sufficient screening of all rooftop mechanical units must be provided; if not by parapet walls or cornice extensions, then by installation of screening material submitted in attachment #2 of applicant’s response to staff comments, dated January 25, 2011.
  4. The overhead electric lines that cross Oldham Drive must be removed before further permitting. 
Commissioner Bob Haines seconded the motion, which was approved unanimously.

OLD BUSINESS

2.    Report from last BOMA meeting.
Mayor Alexander reported that there were no planning issues at the last BOMA meeting.

OLD BUSINESS

3.    Bond Actions:

       A.  Bent Creek Subdivision Phase 5, Section 1, requests performance bond variance
Commissioner Haines made a motion to approve the variance request for Bent Creek Subdivision, Phase 5, Section 1, reducing the bond amount an additional time to $102,000, which is 30% of the original bond amount.  Commissioner Charissa Mishu seconded the motion, which passed unanimously.

B.  Benington Subdivision Section 1 requests maintenance transition to town for acceptance
Chairman Owens made motion to approve the request to ask BOMA to release the maintenance bond and accept the streets in Benington Subdivision, Section 1, with the conditions recommended by staff to re-stripe Benington Place near Sunset Road, and complete the sidewalk construction prior to the March 3, 2011, BOMA meeting.  Commissioner Radley seconded the motion.  The motion passed unanimously.

  1. Acceptance of Bond Report, as amended
Chairman Owens made a motion to accept the Bond Report, as amended.  Commissioner Larry Felts seconded the motion, which passed unanimously.

OTHER
None

ADJOURNMENT
The meeting was adjourned at 7:33 p.m.

Approved,

Bob Haines                                                   Date
Planning Commission Secretary
2011-01 Planning Commission Meeting Minutes
Nolensville Planning Commission
Regular Meeting
January 11, 2011, 7:00 p.m.

Board Members Present:      Jimmy Alexander, Charissa Mishu, Jimmy Reaves, Bob Haines,  Larry Felts, Rick Owens, Andrew Grosson and Doug Radley

Board Members Absent:       None      

Staff Present:                            Henry Laird, Bob Notestine, Kali Mogul, Bob Hayes and John Strasser

Citizens Present:                      1

CALL MEETING TO ORDER
The meeting was called to order at 7:02 p.m. 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 the December 14, 2010 Planning Commission Meeting.  Commissioner Larry Felts recused himself from the vote. Commissioner Charissa Mishu seconded the motion.  Upon a vote being taken, the minutes were approved unanimously.  Chairman Owens welcomed Felts to the Planning Commission.

ANNOUNCEMENTS
None

CITIZEN COMMENTS
None

NEW BUSINESS

  1. Election of Planning Commission Officers for 2011.  Chairman Rick Owens read the bylaws of the Nolensville Planning Commission stating that “The annual meeting of the Planning Commission shall be the regular January meeting of each year.  Such meeting shall be devoted to the election of officers for the ensuing year and such other business as shall be scheduled by the Planning Commission.”  The Commission should elect officers for the positions of Chairperson, Vice-Chairperson, and Secretary of the Planning Commission.

Owens then called for a motion to nominate a Planning Commission chairperson for 2011.  Commissioner Doug Radley made a motion to nominate Commissioner Rick Owens as chairperson.  Commissioner Andrew Grosson seconded the motion.  After a vote being taken, the motion passed unanimously.

Mayor Jimmy Alexander made a motion to nominate Commissioner Radley as vice chairperson of the Planning Commission for 2011.  Commissioner Jimmy Reaves seconded the motion.  Upon a vote being taken, the motion passed unanimously.

Chairman Owens made a motion to nominate Bob Haines as secretary of the Planning Commission for 2011.  Commissioner Grosson seconded the motion, which passed unanimously after a vote being taken.

OLD BUSINESS                  

3.     Report from last BOMA meeting.   Town Planner Henry Laird reported that Jason Patrick was appointed as the new Alderman for the Town of Nolensville, Larry Felts was appointed as the BOMA representative to the Planning Commission and all town officials were sworn in at the meeting.  Other action taken was the reading of Resolution #11-01 to approve the recommendation to release maintenance bonds for portions of Winterset Woods Subdivision, which was approved.           
         
BONDS

4.     Bond Actions:

A. Benington Subdivision Phase 4 requests transition to maintenance and reduction of the bond amount to $32,354.10.
Planner Henry Laird explained that Town Engineer Don Swartz has inspected the subdivision to be sure required repairs have been made and street topping was applied to standard. 
Chairman Owens made a motion to approve the reduction of the bond amount and transition to maintenance.  Commissioner Mishu seconded the motion, which was approved unanimously.

B. Ballenger Farms Phase 4, Section 1, requests one-year extension and reduction of the landscaping performance bond amount to $9,572.50.
Planner Laird noted that he had corresponded with representatives of Ballenger Farms regarding street and yard trees in the subdivision and they have indicated they will comply with his recommendations.
Chairman Owens made a motion to extend and reduce the landscaping performance bond.  The motion was seconded by Mayor Alexander.  Upon a vote being taken, the motion passed unanimously.

C. Amended Bond Report
Secretary Bob Haines asked about the status of Bent Creek, which had not yet provided surety for its most recent performance bond expirations.  Planner Laird mentioned a resolution to this matter was pending approval by Bent Creek’s banking institution, which was expected the next day.  Mayor Alexander said that he and Planner Laird had been working closely with the principals of the subdivision and the bank for several days to come to a resolution without having to call the bonds.

Secretary Haines also asked if the bond report should be voted on and approved given the situation with Bent Creek.  After discussion, Town Attorney Bob Notestine responded that a vote on the bond report is an acceptance of the report based on the actions taken by the Planning Commission at the current meeting.  Planner Laird concurred.  Attorney Notestine affirmed that acceptance of the bond report would not prevent the Planning Commission from taking further action should the bonds for Bent Creek need to be called. Planner Laird suggested re-formatting the bond report in the future for clarity.

Chairperson Rick Owens made a motion to accept the bond report, as amended. The motion was seconded by Commissioner Bob Haines, and passed unanimously.

OTHER
Mayor Alexander announced that his participation in the Planning Commission would be low key in order to allow the town staff and the Commission to work effectively.

Planner Laird announced that training CDs are available in case any commissioners need to catch up on required hours.

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

Approved,
    
Robert D. Haines                                            Date
Planning Commission Secretary