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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Tuesday, January 2, 2024 at 7:00 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Ken Travis; Commissioner Preston Bain; Commissioner Ryan Crowley; Commissioner Rick Lundgren; Commissioner Tracy Stadnick; Commissioner John Vitucci
Absent:
Commissioner John Church; Commissioner Michael Kaplan
Staff Present:
Planning & Codes Director Bob Leeman; City Manager Kirk Bednar; Assistant City Manager Jay Evans; City Planner Todd Petrowski; City Planner Allison Roberts; City Attorney Kristen Corn; Planner I Caroline Stewart
             

Approval or Correction of Minutes
             
December 4, 2023
  Moved by Commissioner Ken Travis for approval of the minutes as written, seconded by Vice Chair Stevan Pippin
  Vote: 8 - 0 Approved
             
Consent Agenda
             
BPC2311-007 Final Plat - Anna Subdivision, Phase 1, Zoning OSRD - Applicant: TWM, Inc

TWM, Inc requested approval of the final plat for phase one of the Anna Subdivision.  The plat showed 16 lots on approximately 26 acres.  The plat will also dedicate a 20-foot public access easement that included a 10-foot asphalt trail.  This trail was located within common open space area one.  It ran parallel to Concord Road and connected to the trail on Franklin Road.  

This also updated the plat for the Brentwood Baptist Church (Lot 18) south of Anna.  It was necessary to update the entire plat since the north and south areas were originally included as one lot.

Staff recommended approval of the proposed final plat subject to the following conditions:
  1. Not all Open Space should be designated as a PUDE or PUDAE. If a utility or access easement is required then designate those as easements.
     
  2. Remove PUDAE designation from OS1-OS6. 
     
  3. Revise note 12 to state Open Space will be maintained by the Homeowner's Association. 
  1. Per the requirements of Section 50-29(b) of the Municipal Code, the applicant is required to pay for the Neel-Shaffer traffic study review.  The amount shall be forwarded to city staff before any permits will be issued for the project.  
     
  2. Approval of a final plat by the Planning Commission shall become effective upon the date of the last signature required on the plat for recording. The initial vesting period shall be for a period of five years after approval.
     
  3. Add the following note to all pages of the final plat:
This final plat is subject to a vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. Upon expiration of the vesting period, development of the property shown on this plat may be subject to standards other than those that were applicable during the vesting period. The vesting period for this plat expires on __________, unless extended by the City of Brentwood. Persons relying on this plat after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
 
(Planning and Codes Department staff will insert the expiration year for the plat at the time the plat is ready for recording and may also make changes to the wording of the above note as necessary to carry out the intent of Standard Requirements 1, 2 and 3 below.)
  1. Provide the Planning staff with a digital copy of the proposed subdivision. This request is consistent with Article 2.3 of the Brentwood Subdivision Regulations. The file should be in AutoCAD .DWG or .DXF compatible format. The file shall use the Tennessee State Plane coordinate system, FIPS Zone 4100, NAD 83 datum. The digital copies must be received before the plat may be recorded.
     
  2. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  3. All proposed underground improvements to the lot should be shown to ensure no conflict with the sewer (storm drainage, underground electric, wall footing, etc.)
     
  4. Applicable security, if necessary for all required landscaping improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.
     
  5. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun.
     
  6. Deviations from the approved plat in the development of the project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  7. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  8. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  9. Approval of the proposed plat shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January 2, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2312-001 Minor Site Plan Alteration - Public Storage, Liberty Place, Phase 3, Section 4, Lot 3B, 1734 Carothers Parkway, Zoning C-2 - Applicant: Tri Star Transport dba Premier Sign

Premier Sign requested approval of revised building elevations.  The proposal included painting the existing canopies and bollards orange.  It also included installing a new sign panel in the existing monument sign, and installing new wall signage on the building.    

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. A site inspection is required after the signage is installed.
     
  2. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, all or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts allison.roberts@brentwoodtn.gov.
     
  3. A site plan shall be vested for a period of three years from the date of the original approval.
     
  4. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on January 2, 2027, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  5. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  6. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  7. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January 2, 2026. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2312-004 Minor Site Plan Alteration - Monument Sign, The Goddard School, Maryland Farms, Section 58, Lot 69, 110 Winners Circle, Zoning C-1 - Applicant: Select Sign, Inc.

Select Sign, Inc. requested approval to replace an existing monument sign.  The new sign will be placed in the same location approximately nine feet behind the edge of pavement.  The sign will be approximately 27 square feet per side and it will be internally illuminated.  
 
Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. A foundation permit and footing inspection will be required prior to construction of the monument sign.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval.
     
  3. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on January 2, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  6. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  7. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January 2, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2312-008 Minor Site Plan Alteration, Signage - Brentwood Nail Bar, Merchants Walk, 5004 Thoroughbread Lane, Zoning C-4 - Applicant: AAA Sign Me Up, LLC

AAA Sign Me Up, LLC requested approval to install an internally illuminated wall sign measuring 17.1 square feet. The linear footage of the tenant occupied space was 24 feet. The maximum allowed square footage for this tenant was 24 square feet. The design included individually illuminated channel letters, consistent with the requirements of the C-4 zoning district. 

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. A site inspection is required after the sign is installed.
     
  2. Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning & Codes Department for review. Submit a signage package for review and approval to Allison Roberts at allison.roberts@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
     
  3. A site plan shall be vested for a period of three years from the date of the original approval.
     
  4. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on January 2, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  6. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  7. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January, 2, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Tracy Stadnick for approval of the items on the Consent Agenda, seconded by Commissioner Preston Bain
  Vote: 8 - 0 Approved
             
Regular Agenda
             
BPC2311-006 Preliminary Plan - Parkside at Brenthaven Subdivision, Phase 2, Section 2 and 3, Zoning OSRD - Applicant: Anderson Delk, Epps & Associates, Inc.

Anderson Delk, Epps & Associates, Inc requested approval of a preliminary plan showing 39 lots on approximately 40 acres.  These are the final sections of the Parkside at Brenthaven Subdivision. The original Phase 2 layout from 1995 showed 106 lots.  In 2007, the layout was modified to show Glover Lane connecting through to Frontier Lane. Due to water quality and detention requirements, the proposed plan no longer connected Frontier to Kellywood and there were 5 fewer lots than originally shown on the 2007 plan. 

The developer had previously deeded over 44 acres of this tract to the city for parkland and open space credit.   

The original approved development plan had expired. This plan complied with current OSRD requirements and was also submitted to the City Commission for review and approval.  
 
Staff recommended approval of the proposed revised preliminary plan and to forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners subject to the following conditions:
  1. Not all Open Space should be designated as a PUDE or PUDAE. If a utility or access easement is required then designate those as easements.
     
  2. Remove PUDE designation from Open Space 2D. Provide PUDAE easement area that would capture walk and drain pipes.
     
  3. Change Open Space 3D from a PUDE to PUDAE.
     
  4. Gravity sewer is already installed along Kellywood. A cctv inspection shall be performed prior to construction activity and again once construction is complete. Any damage to existing water and sewer infrastructure shall be repaired by developer. 
     
  5. All offsite water and sewer infrastructure shall be installed within a minimum of 10 foot open space and a 20-foot dedicated water and sewer easement. 
     
  6. The water main along Kellywood shall connect to the water main at Wikle Road East and shall be 8 inches in diameter. 
     
  7. SWPPP documentation and TDEC permitting will be required prior to issuance of the grading permit. 
     
  8. A stormwater long-term operation and maintenance plan will be required for the subdivision.
     
  9. All water and sewer infrastructure shall be installed per the City of Brentwood's Standard Water and Sewer Specifications and Details. 
     
  10. The Board of Commissioners must approve the proposed changes to the OSRD Development Plan. 
     
  11. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  12. Add the following note to the preliminary plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on January 2, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.
  1. Whe\n the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary, permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  5. Applicable security for all required roadway, drainage, utilities, water, sewer, landscaping and amenity improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.  
     
  6. It is the policy of the U.S.Postal Service that mail delivery to all new and extended developments uses centralized delivery, via cluster box units (CBU). It is the responsibility of the customers (developers and builders) to provide the necessary mail receptacle equipment. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin. 
     
  7. Adequate lighting shall be provided in the area of the CBU’s.
     
  8. Per the requirements of Appendix Seven of the Subdivision Regulations, in lieu of individual mailboxes, an address post shall be permanently placed in concrete at the end of each driveway, within the street right-of-way, or a private ingress/egress easement displaying the assigned address for the structure. The address post must be installed before a Certificate of occupancy is issued for the future structure. Refer to this Article for additional information.
     
  9. Complete plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun. 
     
  10. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  11. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  12. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on Janaury, 2, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner John Vitucci for approval subject to the above conditions being met to the satisfaction of staff and to forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners, seconded by Commissioner Ryan Crowley
  Vote: 8 - 0 Approved
             
BPC2311-011 Preliminary Plan - Errico Subdivision, 9809 Sam Donald Road, Zoning R-2 - Applicant: Ragan Smith Associates

Ragan Smith Associates requested approval of a Preliminary Plan to allow 19 single-family lots on approximately 28 acres of property located at 9809 Sam Donald Road, along the south side of Sam Donald Road, approximately 400 feet east of Split Log Road. 
 
This property was annexed into Brentwood and zoned R-2 in September of 2023 (Resolution 2023-79 and Ordinance 2023-05).   Utility service for the property was provided by the Nolensville/College Grove Utility District (water) and Metro Water Services (sewer).

The proposed plan for the property showed 19 total lots with an overall density of 0.67 units per acre. The lots range in size from one acre to 1.4 acres.  The plan provided approximately 4.5 acres of open space.  This plan met the requirements of the Brentwood Municipal Zoning Ordinance and Subdivision Regulations.  The plan had been adjusted slightly from the non-binding plan presented at the rezoning stage to move the entrance road from Sam Donald Road further to the east to provide better sight distance, and to allow the entrance road to be designed to collector road standards, as was required.  The plan proposed a right-of-way dedication along Sam Donald Road to allow for the future realignment of Sam Donald Road in conjunction with the realignment of Split Log Road.  The plan also provided the required  50 ft wide buffer along Sam Donald Road.  In lieu of new buffer plantings, the developer was proposing to preserve the existing trees and include this wooded buffer area as a platted scenic easement. The lots that back up to Sam Donald Road showed the required 100 foot rear setback since they were adjacent to an Arterial Road buffer.
 
Future Connectivity
The plan showed two proposed stub streets -- one to the east (Road C) and one to the west (Road A) -- which will allow for the necessary future connectivity of the area.  This property was within the City of Brentwood, while the area to the west of this property was in the City’s Urban Growth Boundary (UGB).  The UGB was part of a larger Growth Plan for Williamson County that identifies areas that each municipality can reasonably predict to serve from an infrastructure standpoint.  From a long-term planning perspective, it was important to provide stubstreets for future connectivity for emergency services and day-to-day commutes.  There were approximately 1,400 acres of land in the City’s UGB to the west of this property that could be annexed into the City.  An interconnected street network allowed more options for residents and emergency responders for ingress and egress from the area. 
 
At a micro-level, the proposed stub street to the west (Road A) would allow the adjacent property owner more options for the future development of their property.  Due to that property’s proximity to the intersection of Split Log Road and Sam Donald Road, a new road connection from that property to either Split Log Road or Sam Donald Road would, likely, not be permitted, therefore, limiting the ability to subdivide in the future.  Therefore, staff was recommended that the Road A stub-street remain part of this plan to help provide a starting point for a connected network within the UGB, and to provide a connection that would allow the adjacent property owner to better utilize his property in the future. 
 
Existing Access Easement
As was discussed at the rezoning stage, there was an existing access easement that ran along the western side of the property that served two existing properties to the south.  The proposed plan included the existing access easement within common open space for the new development.  The easement would still be maintained by the beneficiaries of the easement. However, since it was in common open space, the new HOA could also choose to maintain it in the future.  A portion of the existing gravel drive would be relocated by the developer near the southern end to actually be placed within the easement since this portion of it is outside the easement today. 
 
To address concerns that were brought up during the rezoning process, the applicant was proposing to dedicate right-of-way to the western property line to allow for the future street connection, but only construct Road A to a point short of where the existing access easement was located. This would allow the access easement to function the same way until such time as the neighboring property were to be subdivided.  Further, bollards would be installed to prevent cars from using the gravel drive/access easement. If the neighboring property was ever subdivided, then Road A could be extended to the property to the west through the access easement.  If this were to happen, the gravel driveway would not lose access to Sam Donald or the new public street.
 
The plan also proposed a new secondary access easement/driveway that would provide the two existing lots to the south access to the cul-de-sac. 

A traffic access report was submitted by the applicant and reviewed by Greg Judy, the City's traffic consultant.  Due to the small volume of trips that this development would create, no significant traffic improvements were warranted at this time.

Staff recommended approval of the proposed preliminary plan subject to the following conditions:
  1. Per the Subdivision Regulations, the hydraulic analysis will require assurance that the peak flow rates at the development outlet points are not altered by a combination of peak flow through the system.
     
  2. The maximum storage depth of detention ponds shall not exceed 5 feet with a minimum 1-foot freeboard and side slope not steeper than 3:1 for safety and vegetative purposes. The hydraulic data submitted for the project shall meet this requirement.
     
  3. Final Stormwater Plans and Hydrologic Calculations will be required prior to issuance of the grading permit. If impacts to lots result from the stormwater review / approval, a revised Preliminary Plan will be required to be submitted and approved by the Planning Commission.
     
  4. Stormwater Water Quality Note on Cover Sheet will be evaluated upon review of submitted construction plans. This note in no way is a guarantee that the Preliminary Plan as submitted conforms with the City of Brentwood's Stormwater requirements as defined in City’s Subdivision Regulations Article Six, 6.10-Storm Drainage. Impacts to lots resulting from final Stormwater review / approval may require a revised Preliminary Plan to be re-submitted and approved by the Planning Commission.
     
  5. Project site triangles at project intersections are to be evaluated with the final construction plans. Note that revisions to lots or open space will require an updated Preliminary Plan to be submitted to the Planning Commission for approval. 
  1. Per the requirements of Section 50-29(b) of the Municipal Code, the applicant is required to pay for the Neel-Shaffer traffic study review.  The amount shall be forwarded to city staff before any permits will be issued for the project.  
     
  2. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  3. Add the following note to the preliminary plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on January 2, 2027, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan. If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period. During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary, permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  5. Applicable security for all required roadway, drainage, utilities, water, sewer, landscaping and amenity improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.  
     
  6. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments uses centralized delivery, via cluster box units (CBU). It is the responsibility of the customers (developers and builders) to provide the necessary mail receptacle equipment. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin. 
     
  7. Adequate lighting shall be provided in the area of the CBU’s.
     
  8. Per the requirements of Appendix Seven of the Subdivision Regulations, in lieu of individual mailboxes, an address post shall be permanently placed in concrete at the end of each driveway, within the street right-of-way, or a private ingress/egress easement displaying the assigned address for the structure. The address post must be installed before a Certificate of occupancy is issued for the future structure. Refer to this Article for additional information.
     
  9. Complete plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun. 
     
  10. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  11. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  12. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January 2, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Preston Bain for approval subject to the above conditions being met to the satisfaction of staff and additional conditions of approval that the developer shall pave or concrete the proposed driveway that is within the joint user access easement and open space off the cul-de-sac of Road B and reasonable signage shall be placed at least at the temporary cul-de-sac of Road A stating that residents of the neighborhood should be aware of vehicular traffic along the existing gravel driveway, seconded by Commissioner Tracy Stadnick
  Vote: 8 - 0 Approved
             
Other Business
             
Monthly Security Report - December 2023
  Moved by Vice Chair Stevan Pippin for approval, seconded by Commissioner Preston Bain
  Vote: 8 - 0 Approved
             
With no further business, the meeting adjourned at 8:17 pm.


APPROVED:  February 5, 2024
Holly Earls, City Recorder

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