Nolensville Planning Commission
May 14, 2019, 7:00 p.m.
Commissioners Present: Jimmy Alexander, Larry Gardner, Andy Grosson, Robert Haines, Joan Lawler, Jason Patrick, Douglas Radley, Jimmy Reaves, Ashlee Walden
Commissioner Absent: None
Staff Present: Sarah Sitterle, Kali Mogul, Counsel Robert Notestine
Citizens Present: 53
1. CALL MEETING TO ORDER
The meeting was called to order at 7:01 p.m. by Chairman Douglas Radley.
2. PLEDGE OF ALLEGIANCE
Chairman Radley led the pledge of allegiance.
3. APPROVAL OF MINUTES
Commissioner Ashlee Walden moved to approve the minutes from the Planning Commission Meeting on April 9, 2019, seconded by Commissioner Jimmy Reaves. The approval passed unanimously.
5. CITIZEN COMMENTS
Ms. Lisa Garamone of 3144 Bradfield Drive requests that the Commission deny the transition to maintenance for Summerlyn Section 2 performance bond. The concerns for Summerlyn neighbors are driveways, the detention pond, runoff from the pond, drainage on individual lots and landscape issues.
Dr. Joe Curtsinger 7380 Nolensville Road spoke in opposition of the transition of Summerlyn Section 2. He addressed the lack of buffering between his property and Summerlyn, mulching and drainage ditch.
Commissioner Patrick arrived at 7:07 p.m.
Ms. Anita Fowler of 2689 Hargate borders the common area adjacent to Dr. Curtsinger. The area behind her house lots 70 – 73 needs a swale or some sort of drainage. A tremendous amount of water backs up in her yard, which is the lowest point.
Mr. Joshua Goggins of 7090 Nolen Park Circle spoke about the proposed Southwalk development. He is in favor of mixed use but does not want to see so much surface parking and blacktop. He is in favor of protecting trees and green space.
Ms. Christa Tidwell of 428 Larkhill Lane asked spoke in opposition to transitioning the Summerlyn bond and shared a petition that has 90 signatures.
Ms. Shannon Bankston of 2693 Hargate Drive said water flows through her yard and into Ms. Fowler’s yard. She would like to see some action by the Jones Company on the curbs and driveways.
Mr. Larry Felts of 999 Dortch Lane spoke on behalf of the Summerlyn residents. He requested that the Planning Commission please pull the transition requests for further discussion so a remedy can be found for the ponds.
Mr. Brian Hill of 758 Eldon Lane said that the water in the pond is not even high enough to reach the drain, but the pond was overflowing over the walking trail.
6. CONSENT AGENDA
Commissioner Lawler requested items #1 and #2 be removed from the Consent Agenda. Mayor Alexander moved to remove items #1 and #2, seconded by Commissioner Walden and passed unanimously. Commissioner Gardner asked that items #6 and #7 be removed from the consent agenda, seconded by Commissioner Haines and passed unanimously. Mayor Alexander moved to approve the consent agenda except for items #1, #2, #6, and #7, seconded by Commissioner Walden and passed unanimously.
Mr. Wes Harris of Ragan Smith represented item #1, the request to transition Summerlyn Section 2 from performance bond to maintenance bond and item #2, transition of Summerlyn Section 2 landscape bond to landscape maintenance bond. He said he did not know about the drainage problem between lots 70 – 72. Chairman Radley asked if there is an engineering solution to the pond problem. Harris said the as-built shows that the pond was constructed according to plan. The pond area is flat, so any fix would be extremely difficult to engineer. Commissioner Lawler inquired about the label “detention pond” on the plan. Detention ponds should drain within 48-hours. Mr. Harris said the plan she referenced is not a design drawing. He said what is on the ground matches the design drawing. There was a lengthy discussion about various solutions to the overflowing pond.
Mr. Perry Pratt with the Jones Company said that they have met all the requirements to transition. The pond was designed to be wet. It was designed for water quality purpose to hold and filter water. He said putting chemicals in the pond like copper sulfate is prohibited. Fertilizer from homeowner lawns runs off into the pond, which creates more algae. They did, in fact, put some fish in the pond to eat the algae. He said any remedy to the pond must comply with TDEC’s guidelines. There was also discussion of the material of the walking path since so much water is flowing over it.
There was discussion about buffering and curbs. Mr. Pratt noted that there are buffers, but no landscape is required in those areas. Some of the areas mentioned by citizens are not in Section 2. Mr. Pratt said they had installed “mountable curbs.” They are supposed to carry water down to storm drains. He said that the Town Engineer asked the Jones Company not to cut the curbs. Building Official Bennie McCoy disputed that comment and said neither he nor Don ever asked the Jones Company to stop cutting the curbs. Mr. Pratt said someone else had passed along the message about discontinuing the curb cuts. He also said that he has met with the Town Engineer about the drainage issues on individual lots. The Jones Company has tried and will continue to try to fix drainage issues on individual lots. Town Planner Sarah Sitterle said that the landscape plan does not require extra plantings in the buffer for Section 2.
Commissioner Lawler moved to disapprove transition of Summerlyn Section 2 performance bond, seconded by Mayor Alexander. The motion passed by a vote of 8 – 1, with Commissioner Gardner opposed.
Town Planner Sarah Sitterle then showed an exhibit showing there were no extra tree plantings required in the buffer for Section 2.
Commissioner Lawler moved to approve the transition of Summerlyn Section 2 landscape performance bond to landscape maintenance bond. Commissioner Walden seconded the motion, which passed unanimously. Mr. Pratt offered to plant some additional trees in the buffer for Section 2. There was some discussion about the number of trees to be planted. He agreed to plant 20 trees in the buffer area for Phase 2 with a plan approved by the Town Planner in consultation with the Trees and Trails Committee.
After clarifying that there are dead or missing trees at the Nolensville Indoor Soccer complex, Mayor Alexander moved to approve item #6 under the consent agenda, extending the landscape performance bond to August 2, 2019. Commissioner Jimmy Reaves seconded, and the motion passed unanimously.
After clarifying that the bond for Scales Farmstead Phase 1 can only be reduced to 30% of the original bond amount, Mayor Alexander moved to approve consent agenda item #7, reducing the bond amount to $306,053.00. Commissioner Lawler seconded the motion, which passed unanimously.
7. NEW BUSINESS
A. Cortner Final Plat
Ms. Kate Cortner represented her project. Commissioner Patrick requested to display some photos he had taken of the buffer space between the Cortner property and the Sherwood Green subdivision. He noted that either the buffers are not being followed, or the 20-foot buffer required is not enough. There were some questions about the easements, water runoff from Sherwood Green, in addition to ingress and egress from the Williams lot. Counsel Notestine indicated the easement for the Annie Ruth Williams property must be abandoned prior to recording the final plat. There was a lengthy discussion about the property owners along the gravel driveway including, Ms. Williams, needing to agree in writing to abandon the property. There were additional questions about setbacks and infrastructure. Town Planner Sarah Sitterle explained that a preliminary plat is not required for four or fewer lots. Sitterle addressed several questions raised including setbacks for lots 1 – 3. This plat is considered a minor subdivision in the ER zone. The plan meets all requirements of the Zoning Ordinance. Counsel Notestine mentioned the 20-foot gas main easement in the space between Sherwood Green and the Cortner property. After additional discussion, Commissioner Patrick moved to approve the Cortner Final Plat with these conditions: (1) Written consent of abandonment of easement by all property owners affected by the gravel drive; and (2) Addresses to be assigned by Town Staff prior to recording of final plat. Commissioner Lawler seconded. The motion passed by vote of 8 – 1, with Commissioner Gardner opposed.
B. All God’s Children Site Plan Amendment for façade
J.K. Elkin of Spicer-Rudstrom Attorneys at Law represented the owner of All God’s Children. The applicant would like the Planning Commission to waive the condition for the façade on the original daycare building required when the addition was approved. The owner maintains that there is no reason to require the façade since there are two separate buildings. The new building meets the architectural requirements according to the Zoning Ordinance. Commissioner Patrick pointed out that the applicant brought the design to the Planning Commission with the façade to the original building, and that was approved by the Design Review Committee and Planning Commission. There was a lengthy discussion about the applicant’s request to amend the site plan and the fact that they are two separate buildings. Mr. Dan Vild, owner of All God’s Children, said he did not understand why the façade was required and he did not know that the architect had submitted the plan for it. After continued debate, Commissioner Robert Haines moved to approve the site plan amendment for All God’s Children for the façade, seconded by Commissioner Gardner. Chairman Radley asked for a roll call vote. Commissioner Haines voted in favor of the motion, with Commissioners Gardner, Lawler, Radley, Walden, Patrick, Reaves, Grosson and Mayor Alexander opposed. Ms. Elkin requested a chance to meet with the Design Review Committee to potentially find a compromise. She then requested a deferral in order to accomplish this. The Planning Commission agreed to a deferral.
C. Southwalk Concept PUD Plan and Rezoning
Mr. Matthew Chilvers and Mr. Michael Dewey represented the project. He described the overall concept. Ideas were taken from high-end mixed-use developments around the country. There was extensive discussion about the density of the plan, with 168 flats and 58 townhome units in addition to commercial components. There were questions about the traffic study, which indicated incorrect speed limits. Additional questions were about the amount of parking, zoning, elimination of green space, school bus traffic, walking trails, and the height of the buildings. Mr. Chilvers said there is some underground parking in some of the buildings shown, but an all-structured parking would make the cost of the development prohibitive and it would require a higher density to off-set the cost of the structured parking garage. Chilvers said if the number of residential units is reduced, the feasibility of the project is greatly reduced. It would become a strip mall. A master-planned project allows the Town to control the aesthetics. The debate continued for some time. Mr. Chilvers requested a one-month deferral.
D. Annexation of south segments of rights-of-way for parts of Kidd Road and Sanford Road adjacent to existing Town rights-of-way for Burkitt Village Phase 5 and Telfair Phase 1
Mayor Alexander moved to approve the annexation of the afore-mentioned rights-of-way, seconded by Commissioner Gardner. The motion passed unanimously.
8. OLD BUSINESS
A. Report from last BOMA meeting
Town Planner Sarah Sitterle gave a report of items considered at the most recent Board of Mayor and Aldermen meeting.
9. OTHER BOND ACTIONS
A. Bond Report
Commissioner Walden moved to accept the bond report as amended, seconded by Commissioner Haines. The motion passed unanimously.
A. Set workshop dates for Zoning Ordinance review
Chairman Radley requested that Town Planner Sarah Sitterle send out suggested dates by e-mail.
The meeting was adjourned at 10:58 p.m.