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  Consent Agenda  
4.
         
BRENTWOOD PLANNING COMMISSION
Meeting Date: 01/03/2023  
Current Zoning: OSRD - OPEN SPACE RESIDENTIAL DEVELOPMENT

Information
Subject
BPC2212-003       Revised Preliminary Plan - Brentwood Country Club, Zoning OSRD - Applicant: Mr. Chris Mabery, Ragan Smith Associates, 1500 Medical Center Parkway, Suite 2J, Murfreesboro, TN 37129
General Information
Ragan Smith Associates requests approval of a revised preliminary plan that proposes a reduction in the golfer's easement area of Lot 131. The proposed revision reduces the golfer's easement by 3.6 feet or 346 square feet, which is 3 feet beyond the existing wood deck.  At its September 6, 2022 meeting, the Planning Commission approved a 3-foot reduction or 287 square feet to accommodate a reconstructed deck.  Upon further evaluation, the applicant realized that an additional reduction of 3.6 feet was needed to accommodate the proposed deck.  The subdivision will still maintain of 16.90 acres of excess open space. 
 
Conditions of Approval
Staff recommends that the following 1 conditions be attached to the approval of the request.
  1. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
Standard Requirements
Staff recommends that the following 12 conditions be attached to the approval of the request.
  1. 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 on 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 3, 2026, 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 on 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 the final site plan for the project.
     
  4. On all sheets of the plan show the location of existing and platted property lines, existing streets, buildings, watercourses, railroads, cemeteries, sewer lines, bridges, culverts, drain pipes, water mains, fire hydrants, street lights, tree masses, public utility easements. 
     
  5. Show the location of any sinkholes on the subject property as identified by a qualified geo-technical Engineer shall be located and appropriately labeled on the preliminary plan.  The plan shall be configured to locate all sinkholes in permanent open space only and not within any buildable lots.   Sinkholes in the permanent open space shall be protected from natural and/or man-made debris.
     
  6. 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. 
     
  7. 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.  
     
  8. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code. 
     
  9. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  10. 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.
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on January 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
Staff Recommendation
Staff requests that the Planning Commission vote to approve the proposed revised preliminary plan and forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners, subject to the requirements of the staff report.
Attachments
Vicinity Map
Revised Preliminary Plan

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