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The subdivision last presented to the Planning Commission in July was approved after much comment from commissioners and amidst the vehement protests of the public this past Monday.

Public concerns about the 18-acre development circled primarily around stormwater drainage, to which developer Benjamin DeFoor responded by offering to “relieve drainage from Hickory Hills Estates and not adding to it,” according to a memo from Senior Planner Charles Rush.

The 30-lot development, to be built off of Ovoca Road will, according to City Engineer Scot St. John, will provide about 35% drainage relief of surrounding subdivisions as well as its own.

Melissa Delaney of Somerset Lane commented during the public hearing regarding the water drainage.

“If you’re going to have a retention pond on the other side of my property, it’s gonna bookend my property and all that water’s gonna sit in there,” she said, concerned about property damage and inconvenience as well as mosquitoes.

Her other concern about the new subdivision was that it would cause even more traffic issues.

“Traffic’s building up, it’s getting worse” she said, “When I moved here six years ago, none of those houses were on Riley, and adding more homes on the other side of Somerset is just gonna make it worse.”

She added, “I moved from Nashville to get away from all this. If you think it’s great, you’re probably not gonna like it in the next few years.”

Bill Reeder and Nicholas Northcutt, representatives of DeFoor, also spoke.

“What the evidence has shown is, this plat meets or exceeds all the regulations,” Reeder said. “We think (DeFoor) is entitled to have his plat approved.”

“I just wanted to point from a lot standpoint, all of these lots are larger than the minimum,” said Northcutt. “And Mr. DeFoor has been very accommodating to be willing to spend his money to try and help with some of these (previously mentioned) issues.”

Several others spoke before Chairman Paul Schwer concluded the public hearing and the commission began discussion.

Senior Planner Charles Rush was given the floor for comment regarding the applicant to the commission by Schwer.

“This applicant has went beyond the call of duty, staff recommends to approve,” said Rush.

Commissioner Marvin Sellers made a motion to amend the approval of the plat by adding the requirement that the lots match the lot widths approximately to the surrounding neighborhoods. Berry seconded the motion for discussion. He said that the idea was “very subjective,” though he understood that the commission has “the responsibility to protect property value.”

Commissioner Bill Comer chimed into the discussion after several minutes of back and forth between Aldermen Daniel Berry and Sellers.

 “I think Mr. Sellers has got a point, it would be nice to have it that way,” he said. “But the problem is, is that’s not what our subdivision rules say.”

Comer reminded the commission that if they wanted to make such changes, they had to do it through the rules, and they would not be able to require the change from DeFoor.

Sellers responded “if we don’t have the ability to request a change, then we’re worthless up here because otherwise, it’s just rubber stamp.”

He was met with loud applause from the passionate crowd.

Berry began to speak, but was interrupted by disapproving voices from the crowd. Schwer requested order, and Berry said “I didn’t speak when you did, so I would appreciate the same.”

“I’m with you,” continued Berry, “and I not saying I 100% disagree with you. What I am saying is it’s very arbitrary and subjective in the way that it has been thrown [out there].”

Schwer agreed with Berry, to which Sellers answered “is it not the responsibility of the commission to protect the citizens of the existing neighborhoods?”

Sellers’ comment was again met with the boisterous cheers of the crowd, to which Schwer responded “We’re gonna need order, thank you. If not, we can recess.”

After more back and forth discussion with input from City Attorney Steve Worsham regarding what would happen if the board did not approve the plat, Sellers’ amendment was put to a vote, and failed out with his vote being the only “aye.”

The original motion was then brought back to the floor, and looking at policy development or change was added to the commission’s study session agenda. Berry made a motion to approve the development with staff recommendations and the requirement minimum square footage of lot size at 2,000, with Commissioner Andy Hall seconding the motion. The vote passed without opposition.