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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Monday, January 3, 2023 at 7:00 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Mark Gorman; Commissioner Preston Bain; Commissioner Chris Clark; Commissioner Carole Crigger; Commissioner Ryan Crowley; Commissioner Michael Kaplan; Commissioner Brandon Oliver; Commissioner John Vitucci
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
             

Approval or Correction of Minutes
             
December 5, 2022
  Moved by Commissioner Mark Gorman for approval of the minutes as written, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
Public Hearing
             
PUBLIC HEARING - APPROVAL OF ADDITIONAL HEIGHT FOR THREE PROPOSED FOUR-STORY OFFICE BUILDINGS - 5101 MARYLAND WAY, MARYLAND FARMS - ZONING C-2
             
Consent Agenda
             
BPC2209-007 Hillside Protection Site Plan Review - Hillview Estates Subdivision, Section 2, Lot 97, 1017 Highland Road, Zoning R-2 - Applicant:  Ms. Lauren Griffith, 1017 Highland Road, Brentwood, TN 37027

Lauren Griffith requested approval of a Hillside Protection Site Plan for Lot 97 of the Hillview Estates Subdivision.  The proposal included a 542 square foot room addition and a 259 square foot patio addition on the rear of the house.  The applicant also proposed to replace and expand the deck that is on the front of the house.  

Staff recommended approval of the proposed hillside protection overlay site plan subject to the following conditions:
  1. The contractor shall follow all recommendations from the Geotechnical report for footings.
     
  2. The new deck must be placed within the minimum building setbacks.
     
  3. Provide hydraulic calculations from a TN Licensed Professional Engineer for the swale behind the proposed addition and patio to account for any offsite drainage. Swale shall be designed according to the hydraulic calculations. 
     
  4. A site plan shall be vested for a period of three years from the date of the original approval.
     
  5. 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 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. 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. Add the following note to the plan - “All structures designed for human use and occupancy, including residential dwelling units and garages, shall be protected through an automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) standards and requirements and approved by the fire chief or his designee.
     
  6. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2209-007) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  7. Existing natural vegetation around a proposed structure in the HP Overlay district, particularly if located in areas of potential high visibility from properties and roadways at lower elevations, shall be preserved to the greatest extent feasibly and practical. Additional evergreen trees and shrubs may be required to effectively screen the structure. 
     
  8. Removal of established trees outside of the building envelope or the limits of disturbance shall be limited, with the exception of diseased or hazardous trees as recommended in writing by a landscape architect, licensed to practice in Tennessee.
     
  9. 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.
     
  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 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2212-002 Minor Site Plan Alteration - Crema Brentwood, Brentwood Place Shopping Center, 330 Franklin Road Suite 901 D and 904 D, Zoning C-2 - Applicant: Mr. Evan Brooks, Powell, LLC, 904 Main Street, Suite A1, Nashville, TN 37206

Powell, LLC requested approval of a tenant build out for a coffee shop in the Brentwood Place Shopping Center. The coffee shop will include a commercial kitchen, restrooms, dining room, and a coffee bar. A change to the exterior facade was proposed to introduce a recessed patio. The existing storefront facade for 901D will be removed and the opening size will remain the same in proportion to the adjacent tenants. The existing awning will remain. A new stem wall and storefront system to match the existing will be built recessed from the facade to allow for a covered patio. 

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. A site plan shall be vested for a period of three years from the date of the original approval.
     
  2. 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 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. 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 at allison.roberts@brentwoodtn.gov.
     
  3. 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.
     
  4. 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.
     
  5. 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. 
     
  6. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view per the requirements of Section 78-206 (l) of the zoning ordinance.
     
  7. Unenclosed guarded service equipment on the exterior of building in commercial and service institution districts shall be limited to mandatory disconnects and metering equipment.  All other service equipment shall be placed in an enclosed area of a structure.
     
  8. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2212-002) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  9. 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.
     
  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. 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.
             
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

Ragan Smith Associates requested approval of a revised preliminary plan that proposed a reduction in the golfer's easement area of Lot 131. The proposed revision reduced 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. 
 
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. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  2. 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.
             
BPC2212-004 Revised Final Plat - Brentwood Country Club, Lot 131, 5215 Country Club Drive, Zoning OSRD -Applicant: Mr. Chris Mabery, RaganSmith Associates, 1500 Medical Center Parkway, Suite 2J, Murfreesboro, TN 37129

RaganSmith Associates requested approval of a revised final plat for Lot 131 that reduced the golfer's easement by approximately 3.6 feet. This reduction abandoned approximately 346 square feet of the golfer's easement located behind the existing house. The proposal also adjusted the rear building setback line to correspond with the adjustment in the Golfer's easement. This will allow for the construction of an extension beyond the existing deck. The subdivision will still maintain 16.90 acres of excess open space. 

Staff recommended approval of the proposed revised final plat subject to the following conditions:
  1. 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.
     
  2. 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. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  4. 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.
     
  5. Approval of the proposed plat 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.
             
BPC2212-009 Revised Preliminary Plan - Eastman's Preserve, Zoning OSRD - Applicant: Ms. Amanda Reed, RaganSmith Associates, PO Box 60070, Nashville, TN 37206

RaganSmith Associates requested approval of a revised preliminary plan showing 25 lots on approximately 31.70 acres. This preliminary plan was a revision to the plan that was approved on May 2, 2022. As a part of the Franklin Road construction, a power pole was installed at the corner of Eastman’s Preserve’s proposed entrance. To avoid this conflict, RaganSmith Associates was proposing to shift the entire entrance by 8’. This shift allowed the approved minimum distance from the power pole without having to remove or revise any entrance features. This revised Preliminary Plan also reflected grading and utility changes per staff comments during the construction phase.
 
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. All previous conditions placed on the project by the Planning Commission shall remain applicable to 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 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 May 2, 2025, 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. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (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. 
     
  5. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  6. 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 Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  7. 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. 
     
  8. 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.
     
  9. 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. 
     
  10. 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.  
     
  11. 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. 
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. 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.
     
  14. 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.
             
BPC2212-010 Revised Preliminary Plan - Primm Farm Subdivision, Zoning OSRD - Applicant: Mr. Matt Bryant, M2 Group, LLC, P. O. Box 848, Franklin, TN 37065

M2 Group LLC requested approval of a revised preliminary plan showing 24 lots on approximately 29 acres.  This revision related to the incorporation of staggered side setbacks as allowed per the OSRD zoning.  Originally, the developer had proposed 20-foot side setbacks with a minimum separation between buildings of 40-feet.  This revision proposed a 15-foot side setback on one side of the lot and 25-foot setback on the other side.  All adjoining lots would still have a minimum separation of 40 feet between buildings.  

This proposal met the requirements of the code.  
 
Staff recommended approval of the proposed revised preliminary plan subject to the following conditions:
  1. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  2. 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 August 1, 2023, 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. A stormwater system long term operation and maintenance plan is required by the time of a final plat and will need to be sealed by a licensed Tennessee Professional Engineer. 
     
  5. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (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. 
     
  6. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  7. 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 Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  8. 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. 
     
  9. 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.
     
  10. 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. 
     
  11. 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.  
     
  12. 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. 
     
  13. 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.
     
  14. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  15. 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.
             
BPC2209-006 Final Plat - Primm Farm Subdivision, Zoning OSRD - Applicant: Mr. Matt Bryant, M2 Group, LLC, P. O. Box 848, Franklin, TN 37065

M2 Group, LLC requested approval of a final plat that showed 24 lots on approximately 29 acres. The renovation work on the historic slave cabins must be completed and inspected for compliance before the plat will be signed for recording.  This plat reflected the recently revised preliminary plan changes to incorporate staggered side setbacks as allowed per the OSRD zoning.  

Staff recommended approval of the proposed final plat subject to the following conditions:
  1. The proposed renovation work on the historic slave cabins shall be completed and inspected for period correctness before the final plat for the project may be recorded. The inspection shall be performed by an architectural firm specializing in historic preservation and their fee paid by the applicant per Sec. 50-29(b) of the Brentwood Municipal Code.
     
  2. The Public Access Easement must be accepted by the City Commission before the plat will be signed for recording.  
     
  3. Meter box lids are required to have thru hole to accommodate sensus smartpoint (520m) transceiver. If current lids cannot meet this requirement, oldcastle/carson 13x24 fiberlyte lid with sensus smartpoint 520m thru hole shall be used. 
  1. Prior to signing of plat, water and sewer as-builts (PDF & digital), CCTV inspection of gravity sewer mains (if applicable), and construction cost summary are to be provided to the Water Services Department. 
     
  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. A 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.
     
  4. 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.
     
  5. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  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. Approval of the proposed plat 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.
  Moved by Commissioner Chris Clark for approval of the items on the Consent Agenda, seconded by Commissioner Brandon Oliver
  Vote: 10 - 0 Approved
             
Regular Agenda
             
BPC2209-004 Preliminary Plan - Amelia Subdivision FKA Roberts Property, 310 Wilson Pike, Lot 4, Zoning R-2 - Applicant: Mr. Wayde Morrow, M2 Group, LLC, P.O. Box 848, Franklin, TN 37065

M2 Group, LLC requested approval of a preliminary plan showing 4 lots on approximately 6 acres.  All four lots will be accessed from a new cul-de-sac that will connect to Meadowlawn Drive.  
 
Staff recommended approval of the proposed preliminary plan subject to the following conditions:
  1. Per Section 50-29(b) of the municipal code, the applicant will pay for the city's traffic engineering consultant's review.  This invoice must be paid before any permits will be issued for the project.
     
  2. Remove all references to a Waterway Natural Area (WNA) from the plans.  
     
  3. The rear setback for Lot 101 should be 30 feet, not 20 feet. 
     
  4. Add bearings and distances along the rear setback for Lot 102.
     
  5. Coordination with the city’s traffic engineering consultant is needed regarding a traffic access report.  The access study is meant to look at how the proposal meets the city’s driveway spacing and alignment requirements.   This study must be submitted to and approved by city staff before any permit will be issued.  
     
  6. Construction shall follow all recommendations from the provided Geotechnical Report.
     
  7. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  8. 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.
  1. 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.
     
  2. 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.
     
  3. Any new dwelling constructed more than 500 feet from a public roadway or more than 500 feet from a fire hydrant shall be protected through an automatic residential fire sprinkler system installed in accordance with NFPA standards and requirements and approved by the fire chief or a designee.
     
  4. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (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. 
     
  5. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  6. 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 Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  7. 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. 
     
  8. 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.
     
  9. 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. 
     
  10. 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.  
     
  11. 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. 
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. 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.
     
  14. 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.
  Moved by Commissioner Mark Gorman for approve subject to the above conditions being met to the satisfaction of staff, seconded by Vice Chair Stevan Pippin
  Vote: 10 - 0 Approved
             
BPC2209-009 Preliminary Plan - Aix Retreat Subdivision, 9919 Maupin Road, Zoning R-2 - Applicant: Mr. Jason Brouillette, S&ME, Inc., 658 Grassmere Park, Suite 100, Nashville, TN 37211

S&ME, Inc. requested approval of a preliminary plan showing 10 lots on approximately 13.2 acres.  The plan proposed a public roadway with a cul-de-sac. The road was not proposed to be gated.  The property was zoned R-2 and the proposal included lot that are one-acre in size.  The plan also included four open space areas totaling 1.79 acres that are primarily used for stormwater detention.  

A 30-foot wide landscape buffer was proposed along the frontage of Maupin Road, as well as a 5-foot wide right-of-way dedication.

All lots are identified as transitional lots.  A mail kiosk was proposed at the midpoint of the cul-de-sac to allow for accessibility to the kiosk.  The property was served by the Nolensville College Grove Water District and Metro Sewer.  Due to the size of the development, a Traffic Impact Study was not required.

Staff recommended approval of the proposed preliminary plan subject to the following conditions:
  1. Any offsite water and sewer easement shall be obtained prior to issuance of grading permit.
     
  2. The proposed street serving the new subdivision will be a public street.  Remove all references to "private street" from the plans. 
     
  3. Revise the plans to show grading for a future 5-foot sidewalk along the frontage of Maupin Road. 
     
  4. Hydrologic calcs will be required meeting Brentwood's LID and detention reduction requirements.  In addition to this there must be no increase of runoff at any of the site's out falls pre to post.
     
  5. All retaining walls over 4ft tall will require design by a TN listened engineer.
     
  6. Add armament to base of slope, or to 5' from property line, at detention outlet pipe discharge.  Verify velocity of outlet is less than 6 fps.  Add concrete level spreader at 10' min from property line if more than 6 fps.
     
  7. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  8. 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. A Stormwater System Long Term Operation and Maintenance Plan for all storm water structures and facilities is required by the time of a final plat and will need to be sealed by a licensed Tennessee Professional Engineer.
     
  5. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (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. 
     
  6. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  7. 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 Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  8. 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. 
     
  9. 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.
     
  10. 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. 
     
  11. 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.  
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. 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.
     
  14. 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.
  Moved by Commissioner Brandon Oliver for approve subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
BPC2211-005 Master Plan - 5101 Maryland Way, Maryland Farms, Section 15, Lot 2, Zoning C-2 - Applicant: Mr. Brad Slayden, RaganSmith Associates, 315 Woodland Street, Nashville, TN 37206

Ragan Smith Associates requested approval of a Master Plan including three, four-story office buildings totaling 324,000 square feet, a stand-alone three-story parking structure with 913 parking spaces and a retail and restaurant village area with nine, one-story buildings totaling 36,800 square feet on a total of 17.04 acres.  Office Building A was also proposed to include 6,250 square feet of general retail uses. 

The retail village was intended to provide a central focal point for the development and for this part of Maryland Farms. The retail village was proposed to have 23,000 square feet of restaurant uses, and 13,800 square feet of retail uses.  The plan also included 332 surface parking spaces and the extension of a public pedestrian trail/greenway.   The trail will connect to and extend the existing Maryland Farms Greenway through this site to the existing sidewalk along Maryland Way, which connected to the Maryland Way Park.

The plan proposed three, four-story office buildings with 102,000 square feet, 112,000 square feet and 110,000 square feet.  Office Building A was proposed to front Maryland Way and was adjacent to the proposed retail village, and will include 6,250 square feet of general retail uses.  Building B was located in the center of the site.  Building C was located at the rear of the site, adjacent to City owned property to the south.  Building A and C meet the Zoning Code requirements for setbacks (100 feet from the property line along Maryland Way and 60 feet at the rear (south) side of the site).  Staff noted that the City owned greenway property on the south side of the site was about 245 feet wide, as well.  The proposed three-story parking garage was located along the southwestern side of the site and met the required 20-foot setback from the rear of the property.  

This proposal was situated on approximately 17 acres zoned C-2 (12.78 acres) and R-2 (4.27 acres) on the eastern portion of the site.  This plan proposed to replace the existing Maryland Farms YMCA development.  The existing YMCA included approximately 12.88 acres of impervious area, while the proposed plan included 10.89 acres of impervious land area-- a conversion of 1.99 acres to pervious surface, or a 15.5% reduction in impervious land area.  The City’s Engineering Department has reviewed the preliminary plans and has found that they reflect compliance with all Code requirements for addressing stormwater management.  Detailed engineering design of all stormwater quality and quantity features will be reviewed when a final site plan is presented at a later time.  Note that in working with the project design team, staff required that the stormwater calculations and design be based on the 17-acre site being an undeveloped greenfield instead of assessing it only based on the incremental changes from the existing YMCA site.   

The eastern side of the site was zoned R-2.  The R-2 zoned area ranges in width from approximately 165 feet to 200 feet.  The plan proposed no buildings within the R-2 area.  The plan was consistent with the Zoning Code requirements to have a 100-foot building setback from the eastern property line and a 75-foot wide C-2 buffer area.  Within this buffer area was proposed detention areas and a 50 to75 foot wide landscape buffer.  The 12-foot wide public trail was also proposed within the R-2 zoned area.   The developer also committed to design, build and finance the extension of the trail on the City's greenway to the point where the trail connected to the portion proposed within the development.  This connection will include the asphalt path and grading required to achieve the adequate slope.  Final design of the trail will be submitted with the site plan and the developer committed to working with the City to find a mutually agreeable design.

A traffic impact study (TIS) was submitted by the applicant and was prepared by KCI Technologies, Inc.  The TIS was reviewed and accepted by Greg Judy with Neel-Schaffer, the City's traffic consultant.  The plan proposed to reduce the number of access points on Maryland Way from three to two, while also utilizing an existing access easement to the west to provide access to Ward Circle where there is a signalized intersection on Maryland Way. The TIS included the following conclusions:
  • The northbound approach of YMCA Western Driveway should be stop-controlled, and a stop bar and R1-1 "Stop" sign should be installed on the egress approach.
  • YMCA Western Driveway should be designed to include sufficient width for one entering lane and two exiting lanes.  The exiting approach should include one shared through/left turn lane and one right turn lane with a minimum of 75 feet of storage.
  • The northbound approach of YMCA Eastern Driveway should be stop-controlled, and a stop bar and R1-1 "Stop" sign should be installed on the egress approach.
  • YMCA Eastern Driveway should be designed to include sufficient width for one entering lane and two exiting lanes. The exiting approach should include one shared through/left turn lane and one right turn lane with a minimum of 75 feet of storage.
  • The westbound approach of YMCA Eastern Driveway continue to operate as stop-controlled.
  • YMCA Eastern Driveway should be designed to include sufficient width for one entering land and a minimum of one exiting lane.
  • Signal timings in the AM peak hour should be optimized upon completion of the development (Maryland Way and Westpark Drive)
  • Off-peak loading and deliveries for the retail/restaurant development should be encouraged to minimize impacts to traffic operations.
  • Parking should be developed per code. [A Shared Parking Study was submitted as required by the Zoning Code].
  • Final design of internal roadways and parking should meet all City of Brentwood standards and the latest version of "A Policy of Geometric Design of Highways and Streets" published by AASHTO.  Any parking lots and streets associated with the development should ensure that passenger cars and emergency vehicles are capable of making all turning movements.   Internal intersections should be two-way stop-controlled unless all way stop control warrants are met.
The TIS review also recommended that certain turn lanes be lengthened along Maryland Way to enter the site.  Greg Judy recommended that all off-site improvements, including extension of the length of turn lanes, take place with the first phase of development and the applicant agreed.

A Shared Parking Study was also submitted by the applicant and was prepared by KCI Technologies, Inc.  The study was reviewed by Greg Judy with Neel-Schaffer, the City's traffic consultant.    Per the Parking Study, the Brentwood Municipal Code would typically require 1,381 parking spaces, this project was proposing 1,255 total parking spaces.  The Study found that for sites with a mixture of land uses, calculating all uses individually typically overestimates the parking demand.  The overall peak parking demand for mixed-use sites can be significantly less than the sum of the peak parking demand of the individual uses since different types of uses have different peak parking demand characteristics.  The Study looked at parking demand for each month of the year and at hourly parking demand rates for individual uses to determine actual needs. The Study found that parking demands vary from month to month and from weekday to weekends.  It also found that developments containing multiple land uses will typically have a reduction of customer parking needs due to customers parking and visiting more than one use.   In conclusion, the Study found that using ULI's Shared Parking, Third Edition, the parking requirements can be reduced by a total of 219 (16%) from what the Brentwood Zoning Code would typically require if aggregating each individual use.  Therefore, a minimum of 1,162 parking spaces is recommended by the Study.  Staff will note that the proposed plan actually included more spaces that what the Shared Parking Study recommends.  The plan included a total of 1,245 total parking spaces, or a 9.5% reduction in parking.

The City’s sewer system hydraulic modeling consultant completed an analysis of the sewer impacts from the proposed development, inclusive of the impacts previously projected for the Eastpark hotel redevelopment plan.  The projected sewer flow from the proposed project at full build out is 72,208 gallons per day (GPD).  This compared to the average non-COVID sewer flows from the existing YMCA facility of approximately 31,000 GPD.  Note that with the City’s first sewer equalization tank expected to be operational within a few weeks, the modeling analysis was completed with this new tank factored in.  The results of the modeling analysis showed that during the two-year, 24-hour design storm, there are no sewer overflows downstream of the project site in either the collection lines between the project site and the main sewer trunk line or along the main sewer trunk line to the pump station.  The modeling also showed that there was no increase in the overflow frequency or volume upstream in the system from where the collection lines serving this project intercept with the main trunk line.
 
Staff recommended approval of the proposed master plan subject to the following conditions:
  1. No variances will be considered as part of this Master Plan proposal.  Should the Master Plan be approved, the placement of all buildings, parking, stormwater, etc. must comply with the Brentwood Municipal Code.  
     
  2. Per our traffic consultant's recommendation, staff will require that all improvements (including modifications to the left turn lanes on Maryland Way) be implemented at project opening in conjunction with the project's first phase.  
     
  3. Per Section 50-29(b) of the municipal code, the applicant will pay for the city's traffic engineering consultant's review. This invoice must be paid before any permits will be issued for the project.
     
  4. The goal for water quality treatment shall be 80 percent removal of the average annual total suspended solids (TSS) load. The water quality volume is that volume of stormwater runoff resulting from the first 1.0 inch of rainfall from a site per storm event. Please provide documentation meeting this requirement with the future final site plan submittal. 
  1. Per City of Brentwood Code Section 78-343, the applicant shall provide geotechnical studies prepared by a qualified professional engineer licensed by the State of Tennessee to evaluate site characteristics and recommend design and construction methods that ensure proper and structurally sound soil conditions during and after land disturbance activities. Please provide a geotechnical report with the future final site plan submittal. 
     
  2. Provide sight distance triangles for each egress in accordance with AASHTO Geometric Design of Highways and Streets. 
     
  3. This site will be required to meet the City of Brentwood stormwater detention requirements.  Please provide these calculations with the future final site plan submittal. 
     
  4. In addition to meeting flow reduction requirements at detention pond outfalls listed  the post-developed discharges for all storm events, including the 1-year, 2-year, 5-year, 10-year, 25-year, 50-year and 100-year-24-hour design storms, must be reduced to be equal to or less than pre-developed discharges at the overall site outfall.Please provide these calculations with the future final site plan submittal. 
     
  5. Provide storm water table (inlet/outlet/pipe size) with future final site plan submittal. Include storm sewer calculations including inlet spread. 
     
  6. Provide hydraulic spread calculations for spacing of inlets with future final site plan submittal. 
     
  7. The sidewalk along your frontage with Maryland Way will need to be modified to meet current width and design standards.
     
  8. Parking lot landscape islands and parking lot screening per Section 78-222 (11)(b) will be required.  This will include a hedge to screen parking along Maryland Way. 
     
  9. Public water and sewer alignment and connectivity as shown on the master plan are approximate and general in nature. All public water and sewer infrastructure as shown on master plan is subject to change per Brentwood Water Services Department during review and approval of the site plan for this project. 
     
  10. The trail extension running through the site will need to be placed in a Public Access Easement.  This detail will need to be added at plat and site plan stage. 
     
  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 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. A stormwater system long term operation and maintenance plan is required by the time of a final plat and will need to be sealed by a licensed Tennessee Professional Engineer.
     
  5. 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 Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  6. 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. 
     
  7. 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.
     
  8. 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. 
     
  9. 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.  
     
  10. 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. 
     
  11. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  12. 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.
     
  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 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Ryan Crowley for approve subject to the above conditions being met to the satisfaction of staff, seconded by Vice Chair Stevan Pippin
  Vote: 10 - 0 Approved
             
BPC2212-007 Revised Site Plan - Brentwood Towne Center, 122 Franklin Road & 128 Pewitt Drive, Zoning C-4, - Applicant: Mr. Gary Emerson, Development Management Group, LLC, 4209 Gallatin Pike, Nashville, TN 37216

Development Management Group requested approval of a revised site plan for the properties located at 122 Franklin Road & 128 Pewitt Drive.  The proposal included the addition of three parking spaces at 128 Pewitt Drive formerly occupied by the Juice Bar.  The additional parking was needed to accommodate an upper level conversion from residential to medical office for the building located at 122 Franklin Road. Both lots are under the same ownership and a revised final plat will be required to secure adequate long-term shared parking for each building.  The former Juice Bar Building will reserve four parking spaces on its lot so that the existing building can be used for future retail or office use.  The building at 122 Franklin Road will use the lower level as a bank and the upper level for a medical office use.  The required parking for this building will be thirty-three spaces.  Twelve parking spaces will be on-site and twenty-one parking spaces will be reserved / provided next door at 128 Pewitt Drive.  

This proposal also included new wall signage for the 122 Franklin Road building.  

Staff recommended approval of the revised site plan subject to the following conditions:
  1. When converting residential spaces upstairs to commercial, all sprinkler piping shall conform to NFPA 13.  Please confirm 2nd story piping is steel piping per NFPA 13.
     
  2. Additional Public Works Project Fees will be required for the upper level residential conversion.  These will be calculated as part of the permit application.  
     
  3. A revised final plat that designates parking for 122 Franklin Road and 128 Pewitt Drive must be submitted for staff review and approval. This plat must be recorded before either building can be occupied.  
     
  4. A site plan shall be vested for a period of three years from the date of the original approval.
     
  5. 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 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. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  3.  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.
     
  4.  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.
     
  5. 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. 
     
  6. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2212-007) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  7. 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.
     
  8. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  9. 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.
     
  10. 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.
  Moved by Commissioner Preston Bain for approve subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
Other Business
             
Monthly Security Report - December 2022
  Moved by Commissioner Brandon Oliver for approval, seconded by Commissioner Chris Clark
  Vote: 10 - 0 Approved
             
With no further business, the meeting adjourned at 8:34 pm.


APPROVED:  February 6, 2023
Holly Earls, City Recorder

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