Planning Commission - Regular Meeting

Thank you.

So I just want to let everybody know that unfortunately we are one shy of a quorum and they are in traffic and we'll be here momentarily. So we'll pause until they get here so we've got to have a quorum or we all get to go home and do nothing. So we'll wait a few minutes and get this over with. Thank you.

That would make sense, though, right? I think that makes sense.

You're great. It's all good.

Hey, man, you're three minutes early. Yes.

That's what you think. All right, where's my job?

All right. Call the meeting to order. We've got a quorum now, so we're good to go. I'll turn it over to announcements.

All right. Thank you, Mr. Chairman. On your desks in front of you, you have revised reports for items 13, which corrects a driveway reference. Item 15 reflects an open space requirements. And items 16 and 18, where the applicant has requested deferral to October. Second announcement, when we sent out your packets, Item 9, Terra Vista Section 2 Maintenance Bond for the Wastewater Collection System, was on the consent agenda. We have pulled that off of the consent agenda, and you'll consider that separately this evening. We have a revised consent agenda for you reflecting the removal of item nine and then the deferrals of items 16 and 18. Items number 12, 16, 17, 18, and 19 are on your consent agenda for deferral. And then we have the addition for the report for item 15. We have given you two new attachments, attachments 15-3 and 15-4. And then finally, we have a request for a non-agenda item regarding the Hardeman Springs HOA documents. I believe Christy has sent out that to you earlier. You will need to take action on that in order to place it onto the agenda. That's all I have, Mr. Chairman.

Thank you. Let's take up the non-agenda item first and consider adding it to the agenda first. Do I have a motion to add that?

Second.

I have a motion and a second. All those in favor, say aye. Aye. All those opposed, motion passes. So we'll add that as item number 24 to the end. And with that, we will open up the public comment period. We have Mr. Gerald Wigger is here. And you've got three minutes, please.

Thank you very much. I'd like to start this meeting off with a little bit of a bang. I am reading from page 15 of 14 of the meeting minutes of February 12, 2026. It states County Engineer Floyd Heflin stated that the rainy season is approaching and the applicant's engineer claims that they can stabilize the wastewater road though staff does not believe this to be possible. This is on the Terra Vista matter for clarification. Staff will continue to hold maintenance bonds until the project is completed as they have had multiple months to work on these issues. There are multiple issues on this site. For example, there are ponds that don't drain their engineer advised it is built as per the plan, but staff advises there are multiple deviations from the approved plans. He confirmed that if the project is not completed by summer, staff will discuss calling the bonds. The reason I'm here speaking this evening is on behalf of the 98 different homeowners. There are major RDE problems. works in progress, but they have not been completed. They're not near completion. There's damage, been significant damage to the common area caused by the Jones Company's really feeble attempts to try to move forward with the RDE. multiple broken concrete curves, broken parking aprons, broken fences, irrigation systems, horrific sodding jobs, the lack of any ribbon curb edge on the Stanley cul-de-sac access road. And I'm not sure if y'all been out there recently, but that cul-de-sac is nothing but a, uh, collecting ground for the deteriorating road. The stone base is compromised. The asphalt, uh, vendor is causing, it's just crumbling. Here we are at the end of the summer of 26, the project still nowhere near completed. Looking back on Mr. Heflin's comments six months ago, He confirmed that if the project is not completed by summer and we're here at the end of it, staff will discuss calling the bond. On behalf of the 98 homeowners that I represent, we would request that the bonds be called. Let's get this work done professionally and as expeditiously as possible because it's not happening. with the Jones Company. Thank you.

Thank you. That was all that signed up for the public comment period, so we'll close that and move on to consideration of the minutes from last meeting. Any comments?

Second.

We have a motion and a second to accept. All those in favor say aye. Aye. All those opposed? Motion passes. Moving on to consideration of the consent agenda, which will be going from the revised consent agenda that pulls item 9 off. And is there anything else that needs to come off or be discussed? Actually would need to come off first and then we would discuss on consent. Do we have a motion regarding the consent as it's written? Have a second. We have a motion and a second to accept. All those in favor say aye. All those opposed? Motion passes. All right, moving on now to item number nine, Terra Vista section two, maintenance bond for wastewater collection system located off Long Lane. Staff?

Thank you, Mr. Chairman. This bond has satisfied the requisite two-year maintenance period. Therefore, staff recommends releasing the bond.

Thank you. And for my clarity, last month or maybe two months ago, there's still other bonds out, right?

That is correct, yes, sir. Okay.

And then like roads drainage, roads of control, all those bonds are still out, correct?

That is correct, yes.

Okay. And this is for maintenance of the wastewater collection system?

Yes, sir.

Okay. Any questions on item number nine? Do we have a motion? Which way have we got to take action?

According to what I'm hearing, the staff is satisfied this work has been completed sufficiently.

That is correct, yes, sir.

And I'll make a motion to approve.

Okay. Sounds good. Second. We have a motion and a second for approval of releasing the bond on the wastewater collection system. All those in favor say aye. Aye. All those opposed? Motion passes. Okay, moving on to Old Business Terra Vista Roads Drainage and Erosion Control Bond Update.

Good evening. I'm Brett Thaney with Truland here representing Jones Company. I sent a chart, somebody had asked, I think David Riley had asked the Gantt chart, and you guys have that in front of you, with the remaining items physically in the field they're working on. Since the last meeting, the gabion baskets have been added. However, currently the pond bottoms are still working on them. They're trying to grade them, but they're so wet. they're doing what they can but hopefully this week it'll drought enough to where they can get them graded properly because they were still holding when we walked a couple inches of water and so we told them they had to fix that. The site plan, my understanding the county has reviewed that. T squared has sent that in with regard to the mail kiosk and the county has that currently. and they're waiting back any kind of comments or where that is. So outside of phase one, it's all the pond bottoms in phase one they're currently working on. Those access points will be resided again once that work's completed, but they are currently where they're coming in and out. They'll have to reside that obviously. Phase two, pond five, same condition. There's about eight to 10 feet of the flume that's holding a little bit of water in about a 15 by 15 or 20 by 20 area right next to the flume. That's still holding water as of today when I went by there. Um, that area was still had some running water coming out over it into the flume and it hadn't rained in five or six days. Um, so that's on their radar to fix as well. Uh, outside of that, um, The storm will be videoed and anywhere needs to be flush once the grade work is complete. So that vendor is on standby once they can get the pond bottoms corrected to where they don't hold any water for 72 hours. Outside of that, all the other physical work, we are going to, it's at the engineer right now. He's on vacation until Tuesday, I believe. We're proposing to put a kind of wrap, riprap up the wastewater road some to help try to stabilize that given the volume of water. And the asphalt vendor did cut that curb and shouldn't have. And so we'll cut the road there, put the curb back in and put the asphalt back there too.

So what is the status on that? Has it been paved or it's not paved?

It's been paved.

It's now been paved? Correct.

The water's coming down the hill and hitting the edge of the pavement and then it's concentrating it and as it's coming down, it's running into that cul-de-sac there with kind of velocity. So what we're proposing and set to the engineer was putting Right now it's a three foot, we talked about six foot, but we've changed it to three foot and running it further up the road on both sides. A ditch? Yeah, essentially a ditch with riprap and fabric to slow that water down.

Are you directing it away from coming to the road? Is it directing it?

No, I mean that whole hillside comes to the road. Okay. But it's a... We believe it's an issue of speed, it getting concentrated at the road and then coming down the road at velocity, and that's what's causing the issue.

What's the status of the cul-de-sac? Has it been cleaned? Does it still have a topping to be done?

It was cleaned after the last one. I've asked the contractor that's out there. There's a little bit that's down the road, a little bit of gravel. I've asked them to clean that as well.

Has that cul-de-sac been topped and finished, or does that have to be done later?

No, it's topped. Okay. It was topped some time ago.

Okay. Any further questions? Yes, sir. Mr. Brown.

What, what kind of level of confidence can you give us that y'all are making this a priority? I think you can get the sense, even on that last bond, there wasn't a single member on this commission that really wanted to make a motion to approve anything on this project. Mr. Crohan was willing to step up and get that done, but you can sense the patience of this commission is really thin. Right. Give us some level of confidence. Are you out there every day? That's a workable day. I get rain. Yes. But help this commission understand what level of priority y'all are making this so that we can get this wrapped up and taken care of.

As a general statement, I can't necessarily say every day, but for the last probably eight weeks or so since May or June when we hired them, they've been out there, had a crew out there almost every day. They did miss a few days last week, which I wasn't real happy with him on because it was one of their drier weeks, but it rained again Saturday. So with that rainfall, that was significant. They've been out every day this week. I mean, if you go by there, you'll see they're actively working in the bottom of the ponds, trying to get them graded, but some of them are two-foot-deep ruts right now. It's so soft. So they've spread some of that material with the better weather that's predicted until Monday's the next big chance of rain and spread that material out, trying to get it to dry out to where they can grade it out.

Okay.

So...

We got more pictures this week from the rain. What's your confidence level that once this work is done, phase one, phase two, that those types of issues are going to stop appearing for us.

Well, in regards to the pictures, I mean, specifically, if you went out there today, I can show you a picture. It looks like it did two weeks ago, right? I think some of those pictures I think you're referring to illustrate how much rain came down. And even the detention pond down there shows that where some straw finished and it was up near the top and even the overflow. And some of those pictures and comments that were made, for instance, that storm pipe's been there for three years and had no issue, and there were no indications after this most recent heavy rain, there were no issues, right? Okay.

So history... Barring the flood event, I understand that. That was a lot of rain.

Right. You know, the indication, for instance, Long Lane, that swell held... wonderfully right so um i would tell you i have good confidence unless it starts raining like crazy just inconsistently or over you know over saturation to a point but there's nothing jones can do about that in terms of that and that section still has a year of maintenance okay

Mr. Chair, if we could, I'd be curious whether staff thinks we're on track in maintaining what our timeline was as proposed several months ago.

Yeah, let's hear from staff.

Thank you, Mr. Chairman.

Well, I can definitely vouch for the fact that they're out there working. It definitely looks better than it did in February. Are they on track? I mean, I can't say they're going to end August 21st, if that's what they're saying. But the ponds are wet, and they got a lot of rain. They're down there trying to kind of muck those out and restabilize and regrade. The wastewater road has been paved, like he said, but there is some erosion around it, which he's going to address. So, I mean, I feel like, you know, let them – Let them keep working at it as long as they're working, and they are working. So that would be my comment. But I don't know when they're going to be done. It's hard for me to tell. That's up to them.

Any other comments?

I have a question on this schedule that you provided to us. You know, it shows, you know, it'll show a duration of a task, but when the task ends, like the second one from the top, back in July, but then it has an ND because it's not done, there's kind of no value in showing those dates when it's still not done.

Well, it should show below where it's extended in the different colors. So those are tied to walks and checks. And so we know, for instance, that's just how I run my schedule. I know what got done and what point and what check. So down below it, it shows it extending. Essentially, if you're looking at that, the only physical work out there, there's essentially three things. Now the wastewater road, the edge, since it's been paved and that's become an issue. which we talked about that, is the bottom of the ponds is the big one. And they've been on that literally for three weeks. And with all the rain in July, it's just been very difficult to do. So that one's been extended. And then the only currently other physical work will be the storm pipe sewer, which I've failed to put that on there. But that vendor is, we have him teed up and he's call us whenever you get grading done. So that's why it's extended out two weeks. It should hopefully take two weeks, but if it rains some more, we'll kind of start back from ground zero, right? Because that collects all that hillside, all of that comes to the bottom of those ponds. And so it's, right, when you think of it from a rain event, what would rain on the road, it's that magnified times a large amount because it's all collecting in those ponds. So... Once that happens, the bottom of those ponds have been wet for years, so trying to get that dried out.

So I'll just, and I don't know if this is engineering or you or both or T-squared, but... You know, let's not continue doing the same thing and it continue to break and be wrong and not drain and not do other things. If the ponds need to be regraded, the ponds need to be regraded. If they need to be reworked so that they have slope in the bottom, so do they need underdrains put in? I don't know, and I don't know that I really care as long as it gets done so it's not a long-term maintenance that ultimately turns over to this HOA. And, you know, we've been talking about wet bottom ponds for six months and it has rained more this year than normal. And I get that. But. The next three months are typically when we're going to potentially dry out and we're going to grow grass. But we don't need grass to grow through a reasonable season and then immediately have a flat bottom channel that does not drain. If it doesn't drain, call it out and let's get the thing fixed because I'm tired of hearing about it.

Yeah, and that's what they're doing now. When we walked it, they were holding some water and we said, hey, you've got to regrade it and drain it. And to Jones' credit, they were the ones that suggested putting in the flume, for instance. So I think Jones has shown and been willing to do what needs to be done, what's best for the HOA and the county and really everybody. The pond bottoms really just need to dry out. They're very gradable once it's dry. It's very doable, but it's very hard to do when they're very wet.

Yeah, let's figure out what it takes to get it done right because we're going to have another year of maintenance after that, and there's a real good chance that if they're not done right, we'll continue through the maintenance phase. And so being an engineer, I understand grading, and you can't grade flat. Yeah. Flat don't drain. And so if it needs to be fixed, we need to get it fixed. And I'm going to put that on engineering and UNT squared to get that figured out. Because flat don't drain. And it never will. It will be a constant battle and a constant problem.

Agreed. Anybody else? I just have a comment on this. I have never seen, for us, subdivision this much problem taking this long I think that our commission has been more than patient and my thoughts to think about on this thing is if you come back in here next month and you haven't completed this thing I think we ought to consider calling the bond and getting somebody in there that's capable of doing it because at this point I don't think it shows you're capable of doing it thank you thank you anybody else

All right. Thank you. Yep.

Thank you.

All right. Item number 12 was on consent. Moving on to item number 13, preliminary plat review for lot one of the Larry U. Turner property large lot easement subdivision containing one lot on 20.33 acres located off of Teleferno Road in the 5th voting district. Staff.

Thank you, Mr. Chairman. This property is located off Taliaferro Road, as you can see in red. It consists of one lot at 20.33 acres. You can see the lot in pink. It is the second lot off an existing shared access easement known as Bow Lane. You can see that in yellow. The existing driveway has variable width of 12 to 16 feet along the entire length of Bow Lane. The existing varying width drive does not meet the required 16-foot width. The applicant has requested a variance so as not to be required to widen the driveway. As Bow Lane has been in existence since 2001 and the applicant is willing to sprinkle all habitable structures, staff is not opposed to the variance. Water will be provided by individual well. Wastewater will be handled via individual onsite septic system. And so long as a variance is granted, staff recommends approval with standard conditions outlined in the staff report.

Thank you. Any questions for staff on item 13?

James County Fire and Rescue. I understand decline of variance on this because they didn't feel that they were capable of handling the equipment coming down there. Has anything changed on that or are they still in the same position they were in before?

I'm not sure. Do we have a report? I see it.

Commissioner Crohan, we have not received anything from the fire rescue squad.

I have something in here.

So that was presented by their legal counsel.

Okay. But this is still valid as far as we know.

So it was a draft copy that we did not receive for this particular item.

I would just find it hard to approve a variance on something with a question whether the fire equipment can go down there or not, or the emergency equipment can go down into this drive. Thank you.

Any other questions? Is the applicant here? Do they want to address any of the questions?

Yes, sir.

Thank you. Yeah, if you'll just state your name, it would be great.

My name is Doug Berry. I'm an attorney with Miller Martin Law Firm in Nashville and represent the applicants.

Mr. Russell is here.

I am Mr. Russell as well. This is a surveyor.

I'm not sure if the questions are all about the request for the variance, then I would be the person to present and answer your questions about that. I'm happy to I've turned in a written brief, if you will, letter brief on this issue, but I'm happy to answer your questions or just give you a summary of my client's position. I think with respect to Commissioner Crowan's question, it's a good one, and that is that the... As we read the subdivision regulations, there is an alternative for the 16-foot wide variance, the access variance, and that is to have all the buildings completely sprinkled and have a separation distance of 200 feet between all the buildings, which my client does propose to have. So that's one way to handle that. The other, well, if you get into the hardship of having to improve for one owner to improve the entire easement which is serving several other properties at only their expense, that's inequitable. And also the fact that to do that he would have to obtain easement rights from these people and or the applicable utilities, possibly TVA. It's the hardship on one owner who simply moved into a situation which he didn't create. is the sort of hardship which we believe the variance provision is intended to address. You really can't call them lots. These large tracts of land were created 25 years ago before subdivision jurisdiction applied, if you will, to divisions of land like this. And the expectations, if you will, have changed. A client paid almost $600,000 for 50 acres of land, where all he wants to do is have a single house and some agricultural uses, which already has agricultural uses out there. So it would be a considerable hardship, and it's our position that the ameliorating circumstances there are, once again, the sprinkling of the buildings and the... that that's no harm to the public interest because of that.

And that's the intent is to sprinkle the buildings. Okay.

And that's, that's in our statement. We did include commissioner Crowe in the, uh, fire marshals or fire officials letter. He gave, uh, my clients several months ago, but when they were before the board of zoning appeals and, um, He did, among other things, point out the injustice of requiring one owner to improve that whole easement out there. So I think there are probably many situations. I grew up on a farm in Williamson County, which we've got a half-mile driveway that serves two houses, so I get it. Okay.

Thank you. Any questions? Does that clarify things? Thank you. Thank you very much. Do I have a motion or any further discussion? Thank you. Second? We have a motion and a second. All those in favor say aye. Aye. All those opposed, motion passes. Thank you very much. Moving on to site plan, item 14, site plan review for cruise runway on 1,137.13 acres located off Boy Scout Road in the first voting district. Staff?

Thank you, Mr. Chairman. You'll see the property outlined in red. It's located off of Boy Scout Road. You can see the network of roads, Boy Scout Road, Hargrove Road, and Pinewood Road. Access to the property is from Boy Scout Road with primary access to the proposed runway via an easement through the county's landfill. You can see the landfill noted there on the screen. Property totals 1,137 acres in size. There are seven separate parcels that make up the subject property, and those will be consolidated into a single property via deed. Special use was granted by the Board of Zoning Appeals in June of this year to allow for the private landing strip in the RP5 district. And a variance was also granted to allow disturbance of slopes of greater than 25% in order for the runway to be built. Facilities will include a 3,000-foot paved runway, a 10,000-square-foot hangar that's shown in pink, a 1,600-square-foot building, storage building shown in the blue, and then a 336-square-foot fuel shed shown in the yellow. There will be two personal aircrafts utilizing the runway, and there will be no commercial use of that runway. Landscaping and photometric plans have been reviewed and approved. Water will be provided by HB&TS Utility District, and staff recommends approval.

Thank you. Any questions on item 14? Do I have a motion?

Motion to approve per staff.

I have a motion and a second. All those in favor say aye. Those opposed? Motion passes. Moving on to item 15, site plan review for Walea Farms, the stables on 53.7 acres, located off Del Rio Pike in the 9th voting district staff.

Thank you, Mr. Chairman. The property is located off Del Rio Pike. It's shown in yellow at the bottom of the screen. The site totals 53.7 acres. The entirety of the site is outlined in the blue. The facilities include a stables, a clubhouse, sheds, a warehouse, maintenance building, and indoor riding arena to be located in open space. All those structures have been identified with the different colors on the center of the screen. The applicant is proposing to transfer a portion of the stable as well as a portion of the Wiley Farms common area to be an outside entity for the operation of the club. The applicant is proposing to transfer a portion of the stable as a top insert as well as a portion of the Wiley Farm common area, which is the bottom insert to an outside entity for the operation of the club. Both those places are shown in pink. By transferring the areas depicted and having the remainder owned by the HOA, the development will remain in compliance with the zoning ordinance as it relates to open space. Final plats of these areas depicted shall be required prior to the issuance of building permits for the stables. This has been added as a condition of approval. The landscaping plan has been approved. Water will be provided by the City of Franklin. Wastewater is handled by a non-traditional wastewater treatment and disposal system, and staff recommends approval with the standard conditions outlined in the staff report, including final plots of the areas to be transferred for both the stables and Wiley Farms common area to be recorded prior to the issuance of building permits for the stables.

Thank you. Any questions on item 15? Thank you. I have a motion and a second. All those in favor, say aye. Aye. All those opposed? Motion passes. Item 16, 17, 18, and 19 were on consent, I believe. So we will move on to preliminary plots. Item 20, preliminary plot review for the Villages of Triune West subdivision revised containing 98 single family lots, 214 townhome lots, and 10 non-residential lots on 157.79 acres located off of Horton Highway in the 5th Voting District. Staff?

Thank you, Mr. Chairman. The development is located off Horton Highway and Murfreesboro Road. There you see the roads in the red. This phase totals 157.79 acres. It consists of 98 single-family lots, 214 townhome lots, and 10 non-residential lots shown in the blue will be added. A condition of the concept plan approval required installation of the traffic signal at Horton Highway and Monaco Lane before the submission of a final plaque containing the 25th lot. The applicant is requesting modification of this condition to allow the submission of a final plaque containing the 54th lot. The applicant submitted a memo documenting this request, which has been reviewed by the county's traffic consultant. The county's traffic consultant has recommended approval to allow submission of the final plaque containing the 54th lot and that no residential lot shall take access to Malachi Lane until the traffic signal is installed. And there you see the intersection in the yellow circle. Water service is provided by the Nolensville-Cosgrove Utility District. Sewer service is provided by the Triune Sewer Facility. The revised preliminary plan is consistent with the revised concept plan, and staff recommends approval with the standard conditions outlined in the staff report, including that no residential lodge shall take access to Malachi Lane until the traffic signal on the Horton Highway and Malachi Lane is installed. And the county's traffic consultant, Kayla Ferguson, is here to answer any questions you might have.

Thank you. Any questions we have on item number 20?

Why the big change before we put that traffic signal in there from 25 to 54?

Just to reiterate, the question is why they're asking for the change? Yes. I believe that they are going through the design process for the signal at Malachi and Horton Highway. And I don't know the exact details, but I think the applicant has told us that they had difficulty with one of the property owners in getting easements. So their design approval from TDOT took longer than expected. But what they've told us And what's in the memo is that the signal is still on track to be completed by December before any of these lots would ever be constructed. They're just trying, I think, to stay on track with their selling of lots and things of that nature.

Just seems like a big leap.

Hello, Planning Commission. My name is Chase Kerr. Can you hear me? Hello? Yeah. All right. My name is Chase Kerr. I'm with Kronk Engineering representing the project. And I can assist in helping in explaining some of the timelines and the reasons why the change from, I believe it was 25 to the 54 lots. And this is in concurrent with item number 21 for the east side as well. So the total number would be 84 lots to be final platted. Even though there are two separate items combined, the east and the west side, those two lot counts combined would be 84. And really, Kayla touched on it perfectly. There was a lot of back and forth with gaining easement access and... permission and acceptance between property owners at that intersection of Horton Highway and Malachi Lane. And there was a lot of back and forth in updating the traffic signal design. We have gotten approval from TDOT and the permit should be in our hands any day now tomorrow or the beginning of the week. We're expecting to start construction next week. And as Kayla mentioned, the signal is anticipated to be installed before the end of the year, much before any homes are constructed. So this is mainly to keep the project progressing forward and not being stalled by unexpected, uh, property owner easement discussions.

But you, you feel it by December, she said that regardless of lot sales and everything by December, it'll be in the traffic lights will be there.

Uh, yes, sir. There was also a long lead time on the traffic signal poles. because they are a special case of being constructed and everything. But, yes, sir, we're anticipating the intersection to be constructed and the signals installed by December. That's our anticipation. Yes, sir.

So would it be a problem of putting in the minutes here that you will have it either with the 54th lot or December, whichever comes first?

I can't necessarily say on predicting the construction timeline, but yes, sir, we are anticipating on having the signal operational installed before the end of the year. Thank you. Thank you.

So I have a question. The timing really in here is referring to when the final plat is submitted. So how many lots have been submitted in a final plat right now?

Well, we have not submitted a final plat yet. Beforehand, because of this, we could not submit a final plat at all until the signal was installed for the 25th lot. So we are updating it to where we are anticipating submitting the final plat for next month's submittal deadline.

And then my other question is, I think might be back to you, Kayla. We're saying here that, or it says you've recommended approval to allow them to submit that final plot up to a greater number of lots, but that no residential lot shall take access to Malachi Lane until the traffic signal is installed. But how would we actually follow through on that statement of saying that they can't access Malachi Lane?

I don't really know administratively how you all govern access to roadways, but they would be in the process of constructing both of those accesses. I can't really see the plan. I guess it's right here. But I would assume any of those internal roadway connections that would feed those lots would not be allowed to happen to actually tie in. So that's kind of this interim condition where when we came before you, whatever it was in February, with all of those conditions of approval, it was assumed that they were accessing Malachi Lane and connected to Horton Highway from the start. And so we're basically saying, like, you can't add any traffic to Malachi Lane at this location until a signal is there to kind of safeguard the people that are already on Malachi Lane or the traffic that's there.

So while all of this is happening, the only access to the site will be from Murfreesboro Road?

Yes, ma'am.

Okay.

Thank you. Just a point of clarification for everybody. So as you submit for final plat, does that mean you have started building or you are finished building?

Uh, final plat submission is we have not completed building or started building. Yes, sir. That's what I thought.

I just, for clarification. So just submitting for final plat, there's still construction of all the homes that has to occur after that. So thank you. Yes, sir. Any other questions on item number 20? Do I have a motion?

Motion to approve first that. Second.

We have a motion and a second. All those in favor say aye. Aye. All those opposed? Motion passes. Moving on to item number 21, preliminary plant review for the village is a triune east subdivision revised containing 59 single family lots, 63 townhome lots, and three non-residential lots on 63.78 acres located off Wharton Highway in the 5th voting district. Staff?

Thank you, Mr. Chairman. The development is located off of Horton Highway. There you see Horton Highway in the red. This phase totals 63.78 acres. Consists of 59 single family lots. Now you see the 59th lot in the pink. Also 63 townhome lots and they're adding three non-residential lots shown in the blue. A condition of the concept plan approval required installation of the traffic system at Horton Highway and Mycon Lane before the submission of the final plaque containing the 25th lot. The applicant is requesting modification of this condition to allow the submission of a final plaque containing the 30th lot. Again, there you see the intersection in the yellow circle. The applicant submitted a memo documenting this request, which has been reviewed by the county's traffic consultant. County's traffic consultant has recommended approval to allow submission of the final plaque containing the 30th lot and that no residential lot shall take access to Malachi Lane until the traffic signal is installed. Water service is provided by the Nolensville College Grove Utility District. Sewer service is provided by the train sewer facility and the revised preliminary plat is consistent with the revised concept plan. Staff Ackerman's approval with standard conditions outlined in the staff report, including that no residential lot shall take access to Malachi Lane until the traffic signal at Horton Highway and Malachi Lane is installed.

Thank you. Any questions on item number 21? I have a motion and a second. All those in favor say aye. All those opposed? Motion passes. Moving on to final Platt's consent. Our item 22 was on consent agenda. Item 23, final Platt review for Dodd Family Revocable Living Trust containing one lot on 32.12 acres located off Teleferno Road in the 5th Voting District. Staff?

Thank you, Mr. Chairman. The property is located off Italia Fair Road. It's shown in red on the top right of the screen. The development totals 32.12 acres in size. You can see the entirety of the development outlined in blue and it contains one lot shown on the top right. A variance is granted with the planary plat to allow the existing driveway to have a variable width of less than 16 feet within the 50 foot wide shared access easement. Water is provided by the Nolensville College Grove Utility District. Wastewater is handled via individual on-site septic systems, and the Department of Sewage Disposal Management has approved this. This final plat is consistent with the preliminary plat and staff regimen's approval with the standard conditions outlined in the staff report.

Thank you. Any questions on item 23? All right. I have a motion and a second. All those in favor say aye. Aye. All those opposed? Motion passes. Moving on to our last item, the non-agenda item we added, consideration of request related to authority to approve amendments to Hardeman Spring HOA documents. Staff?

Thank you, Mr. Chairman. I sent you all the non-agenda item staff report and some information earlier this week. The attorney for the Hardeman Springs HOA reached out to the county and ultimately got to me, Mr. Pratt, who's here in case there's any questions. When they were looking to revise some of their CCRs, their covenants and restrictions, They noticed an unusual provision in the document. The original concept plan was approved in 2017, and then in 2019 was the first final plat, and that's when the covenants were recorded. And the covenants had this provision buried in it that said that any amendment to the CCRs for the first 10 years after it's recorded has to be approved by the Planning Commission. So just to let you all know, anytime we have a final plat that comes in, they have to file their CCRs with us and I review them and I review them looking to see that their open space is taken care of. If it's a private road system that it's referencing our requirements for private roads or gated communities. I don't generally get into the weeds and look at whether they're okay with really big satellite dishes or whether they're allowed to have chickens in their front yard. Because some of these CCRs can be about 110 pages. Um, so this provision was in the amendment and I didn't notice it. And I guess their attorney at the time thought it was cool. But once Mr. Pratt started working on it, he's like, we have to ask the planning commission every time we amend the CCRs. And so he called me about it and I said, that's really not even within y'all's authority. Um, because CCRs are a private contract. essentially between the developer who imposes it on the land, the property owner buys it subject to those conditions, and then the HOA is essentially the entity that enforces them. So the things that would be within your authority would be if they're changing lot lines or if they're moving a drainage easement or if they're allowing a use that's not currently allowed, and that would be addressed through a different process, whether it would be a plat amendment or some other change that they would have to go through that process that's not necessarily even through the CCRs. So to say that the Planning Commission would be required to review a provision where they maybe want to change the color of their fencing requirement is generally outside of the scope of their authority. And so in talking with Mr. Pratt, And with staff, we thought that the best way just to go ahead and take care of this is to put it on your agenda so that you all can formally say we recognize that this is generally outside the scope of our authority. And, no, we don't want to see every amendment that every HOA has come before us and have to approve it. Now, again, by taking that position, you're not – releasing any authority that you do have that's in your jurisdiction, again, related to drainage easements or stormwater or whatever. Um, it's just saying that just because they're amending their CCR doesn't mean they have to come and ask you for permission first. And so the staff recommendation is that the planning commission acknowledge that you don't generally have the authority or the desire to approve amendments to CCRs that are unrelated to your jurisdiction. and that you decline the role as it has been described in the current CCRs of Hardeman Springs. And then, of course, I'll answer any questions, and then Mr. Pratt is here if you have any questions of the HOA. But that's generally why this is before you tonight.

Thank you. Any questions? We have a motion.

A motion to approve per council?

Staff recommendations. You can say that.

We have a motion and a second. All those in favor, say aye. Aye. All those opposed, motion passes. We have a motion to adjourn.

Motion.

Thank you.

And I apologize to everyone.

No, thank you for coming.