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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Monday, February 6, 2023 at 7:00 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Mark Gorman; Commissioner Preston Bain; Commissioner Carole Crigger; Commissioner Ryan Crowley; Commissioner Michael Kaplan; Commissioner Brandon Oliver; Commissioner John Vitucci
Absent:
Commissioner Chris Clark
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
             
January 3, 2023
  Moved by Commissioner Mark Gorman for approval of the minutes as written, seconded by Vice Chair Stevan Pippin
  Vote: 9 - 0 Approved
             
Consent Agenda
             
BPC2211-008 Minor Site Plan Alteration - Crossroads Surgery Center, Crossroads South, Section 1, Lot 7, 1805 Williamson Court, Zoning C-3 - Applicant: Davis Stokes Collaborative Architects, P.C., 7121 Crossroads Boulevard, Brentwood, TN 37027

Davis Stokes Collaborative Architects, P.C. requested approval of a revised site plan to add an emergency diesel generator and a new HVAC unit on the West side of the building located at 1805 Williamson Court.  The proposal also included the addition of a covered patient pick-up door.  The emergency generator and the new HVAC unit will be in their own masonry enclosures completely screened from public view.  The 80 KW diesel generator will only operate during a power failure.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. The new enclosures are shown to be blocking an existing drainage swale.  Proposed contours showing the relocated swale should be added, and the swale should be of sufficient depth, slope and capacity so as not to flood the new pads and enclosures while still maintaining positive drainage (no ponding).  This will need addressed with permit submittal.
  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 February 6, 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. 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. 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.
     
  6. 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.
     
  7. 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 (BPC2211-008) 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. 
     
  8. 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.
     
  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 February 6, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2301-004 Revised Hillside Protection Site Plan Review - Heathrow Hills Subdivision, Lot 9, 1002 Cadbury Court, Zoning R-2 - Applicant:  Mr. Michael Goorevich, Michael Goorevich Architect, PLLC, 95 White Bridge Road, Suite 203, Nashville, TN 37205

Michael Goorevich Architects PLLC requested approval of a revised Hillside Protection Site Plan for Lot 9 of the Heathrow Hills Subdivision.  The proposal included the rebuilding and expansion of an existing 270 square foot balcony.  The new balcony will consist of 1,072 square feet.  A new 846 square foot sunroom was proposed on the southeast corner of the house and a new 1,570 square foot swimming pool and terrace was proposed on the southeast corner of the house.  

Staff recommended approval of the proposed revised hillside protection overlay site plan subject to the following conditions:
  1. The geotechnical report identified colluvial soils at both boring locations within the construction area. Colluvial soils are landslide prone, especially when disturbed by construction. A qualified geotechnical engineer, licensed to practice in the State of Tennessee, will be required to be on-site throughout the duration of construction.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval.
     
  3. 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.
     
  4. 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. 
     
  5. A residential fire sprinkler system is required. 
     
  6. 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 February 6, 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 (BPC2301-004) 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. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 6, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2301-009 Revised Preliminary Plan / Site Plan - Willowick Subdivision, Zoning OSRD - Applicant: Willowick Homeowners Association 

The Willowick Homeowners' Association requested approval of a revised preliminary plan / site plan showing revised entrance features.  The proposal included new median plantings, a new light pole, and three crepe myrtles and accent shrubs on each side of Willowick Drive.  The proposed work was a result of the Franklin Road widening project.  
 
Staff recommended approval of the proposed site 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 February 6, 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. 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.
     
  5. 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. 
     
  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. 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 February 6, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2301-003 Revised Final Plat - Moores Lane Interchange Industrial Park, Lot 4, Zoning C-3 - Applicant: Mr. John Brackins, Ingram Civil Engineering Group, LLC, 212 Overlook Circle, Brentwood, TN  37027

Ingram Civil Engineering Group, LLC requested approval of a revised final plat for Lot 4 in the Moores Lane Interchange Industrial Park.  The proposed changes included the removal of a 20-foot water line easement that splits the property.  The revision also added a 10-foot PUDE along the southern boundary to accommodate an 8-inch water main and abandons a 24-foot shared access easement with the lot to the south.
  
Staff recommended approval of the proposed revised final plat subject to the following conditions:
  1. The rear PUDE shall remain as is.
     
  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. 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 February 6, 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 approval of the items on the Consent Agenda, seconded by Commissioner Ryan Crowley
  Vote: 9 - 0 Approved
             
Regular Agenda
             
ORDINANCE 2023-01 WINDY HILL PARK REZONING FROM R-2 (SUBURBAN RESIDENTIAL) TO SI-3 (SERVICE INSTITUTION - CULTURAL, RECREATIONAL AND GOVERNMENT)

The Board of Commissioners adopted the Master Plan for 52+/- acre Windy Hill Park property on November 28, 2022.  This Ordinance rezoned the property from R-2 to SI-3.  The SI-3 district was consistent with the zoning of other City parkland.  

The City Commission authorized acquisition of this site in March 2020, for the purpose of creating a passive recreation park.  The property was previously owned by the Sensing family and was part of the historic Windy Hill farmstead.  In addition to agriculture uses, the site also served as a small airstrip many years ago, with a small airplane hangar still remaining on the property.

In the interest of providing as much information as possible for the adjacent and surrounding neighbors, City staff waited until the Master Plan was adopted to bring forth the rezoning ordinance.  This timing provided neighboring residents a clear vision of what the City intended to do with the property once it is zoned SI-3.  Major elements of the adopted Master Plan included: 
 
PARKING:
• +/- 101 parking spaces w/ necessary safety lighting for both north and south parking lots
 
TRAILS:
• 1 Mile Multi-Use Trail (10-foot-wide asphalt trail with 2-foot Aggregate Shoulders)
• 6,100 linear feet of secondary trails (10-foot-wide asphalt trails, no shoulders)
• (1) 400 Meter Loop Trail
• 2 Stream crossings 
• 1 Proposed Crossing
• 1 Existing Culvert Crossing
 
AMENITIES:
• 1 Main 30’x20’ Shelter Structure
• 1 Restroom / Storage Facility
• 1 Octagonal gazebo
• 3 Covered Single Picnic Structures
• 15 Picnic Tables
• 26 Benches
• 12 Trash Receptacles
• 4 drinking fountains
• Pre-fabricated playground w/ mulch base and shade structure
• 4-6 workout stations
• Way finding signage
• Historical education signage
• Additional shade trees

City staff were working to bring forth a proposal for full design of the park pursuant to the Master Plan, to be followed by construction beginning in the summer of 2023.  It was anticipated that the park will open in the summer of 2024.  In the 2023-28 Capital Improvements Program, $2.7 million had been allocated for this project. This amount may need to be adjusted slightly higher given current market conditions.  Any adjustments will be made in the 2024-29 Capital Improvements program.  
 
The rezoning process was scheduled as follows:
 
First Reading Board of Commissioners Tuesday, January 10, 2023
Community Meeting (TENTATIVE) Thursday, February 2, 2023
Planning Commission Review Monday, February 6, 2023
Board of Commissioners Public Hearing Monday, February 13, 2023
Second and Final Reading Board of Commissioners Monday, February 27, 2023
  Moved by Commissioner Brandon Oliver to forward a recommendation of approval of Ordinance 2023-01 to the Board of Commissioners, seconded by Vice Chair Stevan Pippin
  Vote: 9 - 0 Approved
             
BPC2212-006 Site Plan - Dicken's Turf Care, Moores Lane Interchange Industrial Park, Lot 4, 1641 Mallory Lane, Zoning C-3 - Applicant: Mr. John Brackins, Ingram Civil Engineering, LLC, 212 Overlook Circle, Suite 105, Brentwood, TN  37027

Ingram Civil Engineering requested approval of a Site Plan for a new commercial building located at 1641 Mallory Lane.  The proposal included an 8,587 square foot two-story building located on a .88 acre lot.  The entire upper level of the building will be used for retail and repair operations.  The lower level of the building will be used as warehouse and will have no public access.  The site required a total of 27 parking spaces, and 27 spaces are being provided. 

The exterior building materials will consist of beige brick veneer with dark metal awnings and doors.  An aluminum storefront and aluminum accent panels were also proposed.  

The proposal also included site landscaping to meet the requirements of the code.  

Staff recommended approval of the proposed site plan 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. All retaining walls 4ft and taller will require design by a TN licensed engineer for grading permit issuance. Inspection reports must be submitted to city prior to Certificate of Occupancy.
  1. Permeable pavers within the drive isle will need to be designed to handle the load of a 50,000 pound gross vehicle weight (including the same during a turning movement) for fire truck access. 
     
  2. Water and sewer infrastructure are shown in approximate locations and will be finalized during construction plan review. Any offsite utility easements (permanent or temporary) required for project must be obtained prior to issuance of grading permit. Project will require TDEC water and sewer permits and will be required prior to installation of utilities. 
     
  3. 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.
     
  4. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown 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 February 6, 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 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 (BPC2216-006) 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. 
     
  6. 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.
     
  7. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  8. 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.
     
  9. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 6, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Michael Kaplan for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Ryan Crowley
  Vote: 9 - 0 Approved
             
BPC2301-006 Master Plan - 1 Maryland Farms Boulevard, Zoning C-1 & C-2 - Applicant: Boyle Nashville, LLC, 2000 Meridian Boulevard, Suite 250, Franklin, TN 37067 and Chartwell Hospitality, LLC, 5000 Meridian Boulevard, Suite 750, Brentwood, TN 37027
 
Chartwell Hospitality & Boyle Nashville, LLC requested approval of a Master Plan showing three lots on 11.30 acres with two existing office buildings, a proposed 3-story, 120-room hotel, and a future 6,000 square foot restaurant/retail use with a 1,000 square foot patio.  

Per Section 78-225(12), a Planned Commercial Development allowed internal setbacks to be adjusted.  As part of this proposal, some internal setbacks were being adjusted to allow the building configuration as shown on the master plan.  The plan also allowed for shared parking to show compliance with the parking study. 

As part of the rezoning application, a Traffic Impact Study (TIS) was provided as part of the initial request for rezoning of the property.  A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Shaffer Inc., who assists staff in the review of the submitted TIS. 

The TIS recommended the following improvements be incorporated into the design of the project.
 
Brentwood Boulevard and Driveways A & B
  • Driveways A & B should continue to operate with a minimum of one entering lane and one exiting lane.
  • The westbound approach of Driveway A should continue to be stop-controlled. 
Maryland Way and Driveway C
  • Driveway C should continue to operate with a minimum of one entering lane and one exiting lane.
  • The southbound approach of Driveway C should continue to be stop-controlled.
 Travel Demand Management
  • Off-peak loading and deliveries for the restaurant development should be encouraged to minimize impacts to traffic operations.
 Additional Recommendations
  • As part of the construction of the project, all internal and external driveway connections should be designed such that the departure sight triangles, as specified by AASHTO, will be clear of all sight obstructions, including landscaping, existing vegetation, monument signs/walls, fences, etc.
Based on the analysis conducted, no further recommendations were presented for the proposed EastPark development.

The following comments were received as part of the Neel-Shaffer TIS review; 
  • The review noted that the traffic study did not assess justification for providing an exclusive westbound right-turn lane on Maryland Way at Brentwood Blvd. Observation of study analysis found that this turning movement experiences moderately high traffic volumes during peak periods with the proposed project contributing to the demand. Previous city studies have identified this modification as a long-term improvement. Neel-Shaffer recommended that the TIS provide assessment for the need and benefit of a right-turn lane on Maryland Way at Brentwood Blvd. 
  • Neel-Shaffer recommended that city officials continue its regular traffic signal optimization program. Area mobility may benefit from optimization of traffic signal timings upon build-out of the proposed project. 
  • The review found that the proposed project may present an opportunity to improve pedestrian accessibility between the proposed site and Cadillac Dr. Presently, sidewalks exist internally within the project site and along the north side of Cadillac Dr. However, an accessible pedestrian path is not currently available crossing Brentwood Blvd. We assess that providing pedestrian access across Brentwood Blvd would enhance the multi-use nature of the proposed development and provide alternate modal choice for those working and conducting business in the area. City officials are currently pursuing a city-funded capital improvement project to upgrade the existing sidewalk along Cadillac Dr between Westpark Dr and Brentwood Blvd. Neel-Shaffer suggests that project planners coordinate with city officials regarding implementation of this improvement as part of the proposed project.
Staff recommended a condition of approval that the developer of the first phase work with the city to include a sidewalk extension from the northern driveway entrance on Brentwood Boulevard through the North median of Brentwood Boulevard to Cadillac Drive.  Staff also recommended that the sidewalk be extended south toward Maryland Way to connect to a future crosswalk that the city will install.

Additionally, a Shared Parking Study was provided as part of the submittal.  The purpose of the study was to determine the minimum number of parking spaces required to accommodate the proposed mixed use development at peak periods. Since the site included a mix of land uses, the peak parking demand for each use will not occur at the same time. 

Section 78-454 of the zoning ordinance included the following minimum parking requirements based on the proposed land uses.
 
LAND USE  AREA PARKING REQUIRED  # OF SPACES REQUIRED
OFFICE 168,180 SF  1 SPACE/300 SF  561
HOTEL 120 ROOMS 1 SPACE/ROOM + 1 SPACE PER EMPLOYEE ON MAX. SHIFT 130
RESTAURANT* 7,000 SF  1 SPACE/100 SF GROSS 70
* Note that the restaurant patio area is also calculated at 1 space/ 100 sf 
TOTAL  761

 According to the study, the projected parking demand for the mixed use development that included a hotel may be reduced 41% on weekdays and 31% on weekends. 
 
DEVELOPMENT  PEAK PARKING DEMAND 
WEEKDAY WEEKEND
     
EASTPARK 600 SPACES 597 SPACES

As shown in the first table above a total of 761 parking spaces would be required if shared parking was not considered. The shared parking analysis would reduce the total spaces required from 761 to 600 (161 spaces), a reduction of approximately 21%.  The proposed master plan showed 622 parking spaces provided (a reduction of 139 spaces or an 18% reduction).  

SEWER IMPACTS

City consultants conducted an evaluation of the existing sewer to determine if the system would have adequate capacity to receive requested flows from the proposed development. 
 
USE  AREA  GPD  TOTAL (GPD) 
Hotel 120 rooms  75 9,000
Existing Office Bldg. 88,000 8,800 8,800
Restaurant (6,000 sf w/1,000 patio) -- 200 seats (Est.) 7,000 8,000 8,000
TOTAL  25,800

Based on the evaluation models, the local impact of the proposed development on Brentwood’s receiving sewer was negligible based on predicted levels during both dry and wet weather conditions. Note the City's sewer equalization tank was currently operational, 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 were 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.

The rezoning of the 5.62 +/- acres of land located in the northeast quadrant of the intersection of Maryland Way and Brentwood Boulevard was approved on May 23, 2022, by the Board of Commissioners.  
 

Staff recommended approval of the proposed master plan subject to the following conditions:
  1. After the Master Plan approval, a separate hotel site plan matching the Master Plan will need to be submitted for Planning Commission review / approval. The site plan submittal must include additional site plan items like dimensioned color elevations, a photo of sample building materials / colors, a landscaping plan, etc. 
     
  2.  Extend the proposed sidewalk in front of the hotel to the south toward Maryland Way.  The final location will need to be coordinated with city staff when the crosswalk locations are determined. This should be shown on the Master Plan and constructed as part of the first building permit for the site.  
     
  3. Add a crosswalk connection at the northern driveway along Brentwood Boulevard to connect through the median to the north side of Cadillac Drive.  This should be shown on the Master Plan and constructed as part of the first building permit for the site. Coordinate the design and construction with city staff. 
     
  4. Each site plan submittal will require a TIS assessment to determine the possible need for a right-turn lane on Maryland Way at Brentwood Boulevard.  If warranted, the construction of the right-turn lane would be a condition of the site plan approval.  
     
  5. The Neel-Shaffer review fees must be paid by the applicant before the first building permit will be issued for the site. 
     
  6. A Master Plan shall be vested for a period of three years from the date of the original approval.
     
  7. Add the following note to the master 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 February 6, 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. 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.
     
  5. 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. 
     
  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 February 6, 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 approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Preston Bain
  Vote: 9 - 0 Approved
             
BPC2301-007 Revised Final Plat - 1 Maryland Farms Boulevard, Zoning C-1 & C-2 - Applicant: Boyle Nashville, LLC, 2000 Meridian Boulevard, Suite 250, Franklin, TN 37067 and Chartwell Hospitality, LLC, 5000 Meridian Boulevard, Suite 750, Brentwood, TN 37027

Chartwell Hospitality requested approval of a revised final plat showing 3 lots on approximately 11 acres.  Currently, there were two platted lots at this location.  This proposal created Lot 2 consisting of 2.17 acres for a future hotel.  The remaining portions of the tract will be Lots 1 & 3 consisting of 5.68 and 3.45 acres respectively.  

Staff recommended approval of the proposed final plat subject to the following conditions:
  1. A 20-foot permanent utility and access easement shall be provided to all public water and sewer mains located on lots 1, 2, and 3.
     
  2. Add a note to the plat that references the recorded declaration of covenants and restrictions for this development.  
     
  3. 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.
     
  4. 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 February 6, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Vice Chair Stevan Pippin for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Ryan Crowley
  Vote: 9 - 0 Approved
             
Other Business
             
Monthly Security Report - January 2023
  Moved by Commissioner Preston Bain for approval, seconded by Commissioner Michael Kaplan
  Vote: 9 - 0 Approved
             
With no further business, the meeting adjourned at 7:43 pm.


APPROVED:  March 6, 2023

Holly Earls, City Recorder

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