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Franklin planning panel declares defaults, calls or releases sureties for two subdivision green-infrastructure agreements
Summary
At its Aug. 28 meeting the Franklin Municipal Planning Commission declared two performance agreements in default and authorized partial release or calling of cash sureties to address incomplete green-infrastructure work and nearby stormwater needs.
The Franklin Municipal Planning Commission on Aug. 28 declared two performance agreements in default and authorized financial actions to resolve incomplete green-infrastructure work at two subdivisions.
Planning staff told the commission that Andover Park PUD (approved in 2015) has largely completed required site improvements but that portions of the green infrastructure remain unfinished and some previously installed features were later modified by residents. Staff recommended returning 50% of a $3,250 cash performance surety ($1,625) to the developer, Tennessee Valley Homes, and depositing the remaining $1,625 into the city stormwater fund to support an upcoming Liberty Hills Pond restoration project. The commission approved the recommendation by roll call.
Staff said Lakeview Commercial Park Subdivision (site plan Lot 20, originally approved Feb. 19, 2020) had a performance cashier's check issued June 5, 2020. A previous request reduced the surety from $11,000 to $2,500 and established a one-year maintenance period. Inspectors have repeatedly found deficiencies and denied release of the maintenance agreement; staff said a letter and email to the developer (Dan Bridal, Master Plans LLC) received no response. The commission voted to declare that performance agreement in default and to call the surety so funds can be used to complete the required improvements.
Commissioners and staff said the actions will allow the city to close out long-running compliance issues, avoid further disruption to current property owners and direct funds toward nearby stormwater projects where needed.
Votes at the meeting were recorded by roll call; the planning commission approved both staff recommendations. The commission’s roll call record shows Commissioners Allen, Lindsey, Orr, Mann, McLemore, Williamson and Alderman Peterson voting in favor of the motions on each item.
Clarifying details from staff presentations: the Andover Park cash performance surety totaled $3,250; staff recommended releasing $1,625 and calling $1,625 for deposit into the city stormwater fund to support the Liberty Hills Pond restoration. Lakeview’s surety was previously reduced from $11,000 to $2,500; inspectors cited unresolved deficiencies and staff recommended calling the maintenance surety for completion of green-infrastructure improvements.
No members of the public spoke on either item during the meeting. The commission’s actions recorded a formal declaration of default for each performance agreement and authorized use of called funds for stormwater-related work.
