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Brentwood City Commission Agenda
Meeting Date: 01/25/2021  
Resolution 2021-10 -- Calling for a Public Hearing on Proposed Annexation and Plan of Services for Property Located South of Nottaway Lane, more specifically 715 Vernon Road
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2021-10 -- A resolution calling for the scheduling of a public hearing on the proposed annexation by owner consent for property located south of Nottaway Lane in the Taramore Subdivision and directing staff to prepare a Plan of Services for the property. More specifically, the property is located at 715 Vernon Road. 
 
Background
Resolution 2021-10, if approved, requests that the Board of Commissioners schedule a future public hearing to consider the proposed annexation of property into the City, as requested by the representative of the current property owner, along with directing staff to prepare the required Plan of Services.  The subject property is adjacent to the current city limits within the City's Urban Growth Boundary (UGB) and is located south of Nottaway Lane in the Taramore Subdivision.  The property does include the proposed right of way alignment for the future McEwen Drive extension.

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 March 22, 2021.  Please note that State Law requires that a copy of the annexation and the Plan of Services be forwarded to Williamson County Schools at least 30 days before the public hearing on the Plan of Services.

More specifically, the property for which annexation is requested is located at 715 Vernon Road and, according to the Williamson County Property Assessor, includes a total of 25.26 acres of land. There is one barn, having an approximate area of 1,728 sq. ft. currently located on the property. 


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 the R-1 (Large Lot Residential) district zoning be assigned to the property. Consideration of the zoning on the property occurs separately, and is proposed to occur prior to final consideration of the annexation resolution per the schedule outlined below.  Note that water and sewer service for the property requested to be annexed is provided by the City of Brentwood via existing infrastructure that currently stubbed to the property from within the Taramore subdivision. The water service area was transferred to the City from the Nolensville College Grove Utility District in 2006. 

As noted above, the overall area of the property is approximately 25 acres.  The submitted concept plan shows five lots, all exceeding an area of two acres. Please note that the concept plan is non-binding related to the development of the property. Development of the property must comply with the technical standards of the Large Lot Residential zoning district. 


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 at the request of the property owner. 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 plan of services for the 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 on the Plan if Services, 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 area. 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 tentative hearing schedule:
  • On March 1, 2021, 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 March 22, 2021;
  • The Board of Commissioners will conduct the first reading of an ordinance to assign the R-1 zoning classification to the property on April 12, 2021;
  • The required community meeting will be tentatively conducted by the applicant for either April 27 or 29, 2021;
  • On May 3, 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 May 10, 2021 regarding the proposed assignment of the R-1 zoning district to the property;
  • On May 24, 2021, the Board of Commissioners will conduct second and final reading of the zoning ordinance; and
  • Also on May 24, 2021, the Board of Commissioners will consider the proposed annexation resolution, which includes the POS.
If the Commission wishes to alter this schedule, it should specify that as part of the motion to adopt Resolution 2021-10. Should there be any questions, please feel free to contact the Planning and Codes Director or the City Attorney.
Staff Recommendation
Staff has reviewed the proposed annexation and has determined that it meets the applicable requirements of state law regarding annexation for consideration by the Board of Commissioners.  Staff requests approval by the Board of Commissioners 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 2021-10
Resolution 2021-10 -- Exhibit B -- DRAFT Plan of Services -- McAdams Property
Vicinity Map
Petition for Annexation
Signed Resolution

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