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Brentwood City Commission Agenda
Meeting Date: 10/12/2020  
Resolution 2020-99 -- Calling for a Public Hearing on Proposed Annexation and Plan of Services
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2020-99 -- A resolution calling for the scheduling of a public hearing on the proposed annexation by owner consent for property located in the southwest quadrant of the intersection of Sunset and Split Log Roads and directing staff to prepare a Plan of Services.
 
Background
Resolution 2020-99, if passed, requests that the Board of Commissioners schedule a future public hearing to consider the proposed annexation of property into the City, along with directing staff to prepare the related Plan of Services, as requested by the representative of the current owners.  The subject property lies within the City's Urban Growth Boundary (UGB) and is located on the south side of Sunset Road at its intersection with Split Log Road, adjacent to the current City limits.  The resolution calls for a public hearing regarding the proposed Plan of Services before the Board of Commissioners as part of its regular meeting of November 23, 2020.  

More specifically, the property for which annexation is requested is located at 9828 Split Log Road and includes 134.34 acres. There is one home currently located on the property.  According to the Williamson County Property Assessor the home includes an area of approximately 1,200 square feet. Several other structures are also located on the property, which support the ongoing farming activities on the tract. 


The property is currently zoned Municipal Growth Area 1 (MGA-1) by Williamson County. If the annexation resolution is eventually approved following the public hearing, the property owner will request that Open Space Residential Development district zoning be assigned to the property. Note that consideration of the zoning on the property occurs separately and only after annexation of the property is approved.  Note that utility service for the property requested to be annexed is provided by Nolensville/College Grove Utility District (water) and Metro Nashville (sewer).

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN

Please note that the overall area of the property as included in the development plan is approximately 175 acres and includes a portion of the property already within the city limits being approximately 300-feet wide that lies adjacent to the south side of Sunset Road and runs easterly to its intersection with Split Log Road.  This portion of the property is currently zoned R-2.  A portion of this area is proposed to be rezoned to OSRD, with the remainder, which includes an area of approximately 18.99 acres retaining the R-2 zoning classification. Please see the following table.

 
GAW PROPERTY -- DEVELOPMENT SPECIFICS
AREA OF TRACT PROPOSED AS R-2 18.99 ACRES 
AREA OF TRACT PROPOSED AS OSRD
156.34 ACRES 
TOTAL AREA OF THE TRACT 175.33 ACRES
   
NUMBER OF PROPOSED R-2 LOTS -- ALONG SUNSET RD. 8
NUMBER OF PROPOSED OSRD LOTS 116
TOTAL NUMBER OF LOTS PROPOSED 124
AVERAGE OSRD LOT SIZE 32,715 SQ. FT.
OPEN SPACE REQUIRED  28.88 ACRES
OPEN SPACE PROVIDED  53.54 ACRES
   
NUMBER OF LOTS OBTAINED -- R-2 CONCEPT 124
NUMBER OF LOTS OBTAINED -- MGA-1/R-2 CONCEPT  92
   
SUNSET ROAD ROW DEDICATION  38' FROM C/L
SPLIT LOG ROAD ROW DEDICATION  38' FROM C/L

During its 2015 regular session, the Tennessee State Legislature adopted new rules regarding municipal annexations.  Two methods exist for annexation within a city’s UGB: 1) annexation by resolution with the consent of the property owners and 2) annexation by referendum.   This proposed annexation meets the criteria for annexation by resolution because the land is being annexed with the consent of the property owner. Annexation by resolution involves the petitioning by the property owner to bring a specific property into the City.  A summary of the process follows:
  1. A notarized petition for annexation is submitted by the property owners.
  2. The Board of Commissioners then must pass a resolution calling for a public hearing on the proposed annexation in accordance with T.C.A. § 6-51-104. 
  3. The proposed plan of services and proposed resolution for annexation shall then be “promptly” sent to each landowner within the area proposed for annexation.  
  4. The proposed plan of services is sent to the Planning Commission for review. The Planning Commission has 90 days to study the proposed plan of services and issue a report. 
  5. The Board of Commissioners holds a public hearing on the proposed annexation and associated plan of services, preceded by publication of a notice in a local newspaper of general circulation.
  6. Written notice of the proposed annexation must be sent to all affected school systems as soon as possible, but no later than 30 days prior to the public hearing referenced above.
  7. Following the public hearing, the Board of Commissioners must approve a resolution of annexation that includes the finalized plan of services.
  8. Upon adoption of the annexation resolution that includes the finalized plan of services, a copy of the resolution is to be sent to the County Mayor.
  9. The resolution, with a description of the annexed property, will be recorded with the county property assessor. 
Under Tennessee law, a written plan of services (POS) for the annexed area is required, detailing the provision of services to residents and property owners in the newly incorporated areas. These services include emergency services (Police, Fire and Emergency Communications), street maintenance, water and sewer services, brush pick-up, planning, zoning and codes services, parks and recreation and library services.

If the resolution to schedule the public hearing is approved, the request will proceed in accordance with the following schedule:
  • On November 2, the Planning Commission will review the proposed annexation and POS and provide a report for consideration by the Board of Commissioners;
  • The Board of Commissioners will conduct a public hearing on the proposed POS on November 23, 2020;
  • Also, on November 23, 2020 the Board of Commissioners will consider the proposed annexation resolution, which includes the POS;
  • If the annexation resolution is approved, the Board of Commissioners will also conduct the first reading of the ordinance to assign the OSRD zoning classification to the property on November 23, 2020;
  • On December 9, 2020, the required Community Meeting for the rezoning ordinance will be conducted by the applicant;
  • On January 4, 2021, the Planning Commission will provide its review and recommendation regarding the proposed zoning for the property to the Board of Commissioners;
  • The Board of Commissioners will conduct a public hearing on January 11, 2021 regarding the proposed assignment of the OSRD zoning, and 
  • On January 28, 2021, the Board of Commissioners will conduct second and final reading of the rezoning ordinance.
If the Commission wishes to alter this schedule, it should specify that as part of the motion to adopt Resolution 2020-99. Should there be any questions, please contact the Planning Director or the City Attorney.
Staff Recommendation
Staff has reviewed the annexation petition and has determined that it meets the applicable requirements of state law regarding annexation for consideration by the Board of Commissioners.  Staff recommends approval of the resolution calling for the public hearing to begin the process of consideration for the requested annexation.
Previous Commission Action
There has been no previous action by the Board of Commissioners related to the subject property.  

Fiscal Impact
Attachments
Resolution 2020-99
DRAFT -- Plan of Services
Petition for Annexation -- 9-2020
Area Proposed for Annexation
Vicinity Map -- Entire Property
Proposed OSRD Dev Plan -- For Information Only
Gaw Property -- R-2 Concept Plan - For Information Only
Gaw Property MGA-1 Concept Plan - For Information Only
County Zoning -- MGA-1
Signed Resolution

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