Agenda

Appointment of Environmental Advisory Board Member

Moved by Vice Chair Stevan Pippin to nominate Commissioner Stadnick to the Environmental Advisory Board for an unexpired term that will end on June 30, 2024, seconded by Chair Janet Donahue

Vote: 10 - 0 Approved

Approval or Correction of Minutes

January 2, 2024

Moved by Vice Chair Stevan Pippin for approval of the minutes as written, seconded by Commissioner Tracy Stadnick

Vote: 9 - 0 Approved

Other:

Commissioner Michael Kaplan (Abstain)

Consent Agenda

BPC2310-003 Minor Site Plan Alteration - Serrato's Steak, Maryland Farms, Lot 34, 214 Ward Circle, Suite 300, Zoning C-2 - Applicant: Branch Building Group, LLC

Branch Building Group, LLC requested approval to revise the front tenant space elevation. The proposal included adding wood planks behind the proposed wall signage, changing the front doors to simulated wood, and the addition of four wall sconces. The proposed wall sign will be placed on the existing sign parapet.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:

All signs must meet the requirements of the code.

Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning & Codes Department for review. Submit a signage package for review and approval to Todd Petrowski at todd.petrowski@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
A site plan shall be vested for a period of three years from the date of the original approval.
Add the following note to the site plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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 (BPC2310-003) 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.
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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2312-007 Revised Preliminary Plan - The Heights Subdivision, Zoning R-2 - Applicant: T-Square Engineering, Inc.

T-Square Engineering, Inc. requested approval of a revised preliminary plan that eliminated a narrow elevated grass entrance island. This area was not common open space and was within the right-of-way of Heights Boulevard. Instead of the grass island, the area will be marked with thermoplastic striping and maintain 11-foot drives on both sides.

Staff recommended approval of the proposed revised preliminary plan subject to the following conditions:

A preliminary plan shall be vested for a period of three years from the date of the original approval.
Add the following note to the preliminary plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
Applicable security for all required roadway, drainage, utilities, water, sewer, improvements and landscaping in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.
Complete plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2311-002 Revised Final Plat - The Heights Subdivision, Zoning R-2 - Applicant: T-Square Engineering, Inc.

T-Square Engineering, Inc. requested approval of a revised final plat that eliminated a narrow elevated grass entrance island. This area was not common open space and was within the right-of-way of Heights Boulevard. Instead of the grass island, the area will be marked with thermoplastic striping and maintain 11-foot drives on both sides. The removal of the island was the only change to the recorded plat.

Staff recommended approval of the proposed revised final plat subject to the following conditions:

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.
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.)

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.
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.
Applicable security, if necessary for all required landscaping improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.
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.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Add the following note to the plat: Middle Tennessee Electric Membership Corporation (MTEMC) shall have access to install, construct, reconstruct, rephase, operate and maintain its electric facilities located within the subject property. MTEMC has the right to cut, trim and control the growth by chemical means, machinery or otherwise of trees and shrubbery located within 20 feet of the center line (a total of 40') of its facilities, or any vegetation that may interfere with or threaten to endanger the operation and maintenance of its facilities.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
Approval of the proposed plat shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2401-001 Revised Hillside Protection Site Plan Review - Inglehame Farms Subdivision, Section 7, Lot 169, 1824 Charity Drive, Zoning OSRD - Applicant: Parkside Pools

Parkside Pools requested approval of a Revised Hillside Protection Site Plan for the property located at 1824 Charity Drive. The proposal included the construction of a pool and pool decking within the buildable area of the rear yard.

Staff recommended approval of the proposed hillside protection overlay site plan subject to the following conditions:

A geotechnical report must be provided for review and approval before the grading permit will be issued.

A Hillside Protection site plan shall be vested for a period of three years from the date of the original approval.
Add the following note to the site plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
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 feasible and practical. Additional evergreen trees and shrubs may be required to effectively screen the structure.
Removal of established trees outside the building envelope or the limits of disturbance shall be limited, except diseased or hazardous trees as recommended in writing by a landscape architect, licensed to practice in Tennessee.
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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2401-002 Minor Site Plan Alteration - Taco Bell, Maryland Farms, Section 48, Lot 56, 5002 Maryland Way, Zoning C-2 - Applicant: 101 Construction Management, LLC.

101 Construction Management, LLC. requested approval of revised building elevations for the Taco Bell located at 5002 Maryland Way. The proposal was to paint the existing building. No new materials are being added to the building. The primary color will be gray, with the wall trim and the service door painted an aged white color. An accent wall and the parapet band on the top of the building will be painted purple. The parapet cap and awnings will be painted bronze.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:

No signs are being approved with this review. All signs including menu boards and call boxes must comply with the sign ordinance.
Any existing or proposed roof mounted mechanical or HVAC will need to be screened on all sides.
Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning & Codes Department for review. Submit a signage package for review and approval to Todd Petrowski at todd.petrowski@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
A site plan shall be vested for a period of three years from the date of the original approval.
Approval of a site plan by the Planning Commission shall remain valid for a period of three years for the original date of the original approval.
Add the following note to the site plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
Before a building permit can be issued, acceptable security shall be required to cover the cost of landscaping. The security shall be posted in an amount equal to one hundred ten percent (110%) of the total cost of the materials and installation of the landscaping improvements. Upon the issuance of the Certificate of Occupancy, the amount may be reduced to ten percent (10%) and converted to a maintenance bond for a period of one year to ensure that the vegetation remains as a living and viable screen.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2401-003 Revised Preliminary Plan - Eastman's Preserve Subdivision, Zoning OSRD - Applicant: Ragan Smith Associates

Ragan Smith requested approval of a revised preliminary plan for the Eastman's Preserve Subdivision. This proposal included the addition of a required NES service drive at the main entrance within the common open space. The material for the entrance monuments and columns was changed from brick to stone and there was a minor adjustment in the phasing line.

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:

The final stormwater grading and drainage will need to be reviewed and approved by Engineering.
Provide the TDEC NOI.
Provide the TDOT permit for the entrance at Franklin Rd.
Apply for Brentwood public works permit.
The Board of Commissioners must approve the proposed changes to the OSRD Development Plan.
A preliminary plan shall be vested for a period of three years from the date of the original approval.
Add the following note to the preliminary plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
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.
It is the policy of the U.S. Postal Service that mail delivery to all new and extended developments uses centralized delivery, via cluster box units (CBU). It is the responsibility of the customers (developers and builders) to provide the necessary mail receptacle equipment. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin.
Proof of USPS approval of the proposed method of mail delivery shall be provided as part of the submittal of the final plat for review by the Planning Commission. Please contact the USPS for approval of the proposed location and design of the CBU delivery/pick-up location. The proposed location must be shown on the final plat.
As part of the submission of the final plat, provided a copy of the “Mode of Delivery Agreement“ indicating approval of the locations of the CBU’s by the USPS. Contact Teri Roberts -- theresa.m.roberts@usps.gov.
Adequate lighting shall be provided in the area of the CBU.
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.
Per the requirements of Appendix Seven of the Subdivision Regulations, in lieu of individual mailboxes, an address post shall be permanently placed in concrete at the end of each driveway, within the street right-of-way, or a private ingress/egress easement displaying the assigned address for the structure. The address post must be installed before a Certificate of occupancy is issued for the future structure. Refer to this Article for additional information.
Complete plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2401-007 Final Plat - 9784 Concord Road, Zoning R-2 - Applicant: Urban Development Group, LLC

Urban Development Group, LLC requested approval of a final plat that showed 2 lots on approximately 5 acres. Both lots will share a single driveway access to Concord Road. The preliminary plan for this development was approved at the August 1, 2022, planning commission meeting.

Staff recommended approval of the proposed final plat subject to the following conditions:

Show the private road and culvert on the final plat that matches the approved preliminary plan.
Provide a callout note on the final plat for Open Space 2 stating the following: "Sinkhole is to remain undisturbed and protected from natural and/or man-made debris".
Provide a callout note on the final plat for Open Space 1 stating the following: "Open Space 1 is reserved for stormwater quality and detention and should not be altered without proper application and approval from the City of Brentwood". Also provide a statement that the HOA will maintain all open space areas.
Water quality improvements must be covered by an approved bond prior to signing the Final Plat.
Remove the proposed note on sewer line if line has been installed.
Add a label to the back of Lot 1 stating that this is not a buildable area.
Add a note stating that both lots must share a single driveway access to Concord Road and that no additional access will be allowed.
All proposed underground improvements to the lot should be shown to ensure no conflict with the sewer (storm drainage, underground electric, wall footing, etc.)
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.
Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning & Codes Department for review. Submit a signage package for review and approval to Todd Petrowski at todd.petrowski@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
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.)

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.
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.
Applicable security for all required improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be signed and recorded.
Per the requirements of Appendix Seven of the Subdivision Regulations, in lieu of individual mailboxes, an address post shall be permanently placed in concrete at the end of each driveway, within the street right-of-way, or a private ingress/egress easement displaying the assigned address for the structure. The address post must be installed before a Certificate of occupancy is issued for the future structure. Refer to this Article for additional information.
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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
The creation of an HOA is required to maintain the common open space areas.
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.
Any changes to plats approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plat shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2401-008 Minor Site Plan Alteration - Image Studios, 8105 Moores Lane, Suite 900, Zoning C-2 - Applicant: Lines Inc.

Lines Inc., requested approval to add windows to the south and east elevations of tenant space for Image Studios. A total of 24 windows were proposed, with each window measuring 3' x 3' or 9 square feet. The windows will be located six feet above the finished floor elevation.

Staff recommended approval of the proposed revised minor site plan alteration subject to the following conditions:

A site plan shall be vested for a period of three years from the date of the original approval.
Approval of a site plan by the Planning Commission shall remain valid for a period of three years for the original date of the original approval.
Add the following note to the site plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

Moved by Commissioner Preston Bain for approval of the items on the Consent Agenda, seconded by Commissioner Michael Kaplan

Vote: 10 - 0 Approved

Regular Agenda

BPC2311-009 Preliminary Plan - Ragsdale Subdivision, Zoning OSRD - Applicant: SEC, Inc

SEC, Inc requested approval of a Preliminary Plan to allow 46 lots on approximately 116 acres of property located approximately 0.40 miles north of the intersection of Split Log Road and Ragsdale Road.  The properties were located at 1647 and 1655 Ragsdale Road.

The property was rezoned from OSRD-IP to OSRD in October of 2023 (Ordinance 2023-008). Development has recently begun on the property based on the previous plan that was approved under the OSRD-IP district. The new OSRD proposed plan included a total of 46 lots -- a reduction of 20 lots from the OSRD-IP plan currently in place. Three of the proposed lots are within the Hillside Protection Overlay (Lots 44-46). All lots range in size from approximately 0.42 acres to 1.2 acres, with the exception of the Hillside Overlay lots which range in size from 4.06 acres to 4.38 acres.   The plan included over 53 acres of total open space and maintains a walking trail throughout the open space.

The plan also proposed a right-of-way dedication of approximately 52 feet along the project's frontage of Ragsdale Road. Plans for the road widening project were in progress. The City Commission recently approved an agreement with the developer to allow the developer of this subdivision to make improvements along the frontage of the property in an effort to be able to complete the City improvements earlier than the estimated timeframe if the City were to complete them.

Water service for the property was provided by the City and will be extended from the Tuscany Hills Subdivision.

Sanitary sewer service was also provided by the city and will be extended from the Glenellen Estates Subdivision to the east. The developer will extend the service via existing infrastructure and be responsible for obtaining all necessary easements.

The subject property involved three parcels of land and the historic Fly family cemetery. The cemetery will be preserved as part of a scenic easement placed on the property and will be protected throughout the length of construction. The cemetery included an area of approximately 0.18 acres. It is located on a hill in the middle of the site. There were 12 burials in the cemetery. The burials occurred from 1855-1898.

A Traffic Impact Study was provided as part of the initial request for rezoning of the property. The TIS considered the increase in traffic volumes resulting from nearby committed projects, including the future construction of a middle school on the Jordan Elementary School campus, and the development of the annexed Gaw Property. A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Schaffer Inc., who assists staff in the review of the submitted TIS. The applicant will pay for the Neel-Schaffer review per the requirements of Section 50-29(b) of the Municipal Code.

While the number of lots was being reduced from 66 total lots to 46 lots, the applicant committed to maintain the same conditions of approval as previously approved in terms of traffic improvements. The following improvements and considerations were previously approved with the site plan in order to facilitate safe and efficient traffic operations within the study area:

The site’s primary access intersection where the main driveway intersects Ragsdale Rd should include one entering lane and two exiting lanes. The study stated that the eastbound exit approach should consist of separate left and right lanes for traffic turning onto Ragsdale Rd providing a minimum storage length of 50 feet.
Improvements to Ragsdale Rd should include an exclusive northbound left-turn lane into the site, as well as an exclusive southbound right-turn lane. The study states that each turn lane should provide a minimum full-width storage length of 50 feet.
The TIS provided guidance for minimum intersection sight distances to be provided at the intersection of Ragsdale Rd and the main access driveway. The study directed that site designers should follow the recommended sight distances as prescribed by the referenced guidelines.

Below, please find a summary of the Neel-Schaffer comments and recommendations:

"Generally, Neel-Schaffer took no exceptions to the conclusions presented by the traffic study. We generally concur with the proposed recommendations."
"We advise that project officials should coordinate with city planning and engineering departments to plan for the future widening of Ragsdale Road. Design of the site entrance and turn lane improvements at the access intersection should appropriately anticipate the future Ragsdale Road widening."

Short-circuiting of Pond 3 should be avoided by designing stormwater ponds with a length to width ratio of 3:1 or greater. Baffles, pond shaping, or islands can be added to the permanent pool area to create a longer flow path. Coordinate with the Engineering Department on revised baffle locations to ensure short-circuiting is avoided.
A drainage easement is needed for culvert A1 and headwall HW1. Plan revision is needed to clearly define the easement.
Coordinate final improvements to Ragsdale Road with City of Brentwood Engineering Staff, including ROW dedication.
Lot 10 should also be shown as transitional. Also, most lots in Phase 2 should also be labeled as transitional and are currently not shown as such. Provide a slope analysis sheet for the Engineering Department showing lots which meet the criteria for transitional lots.
Structural retaining wall details will need to be provided with the construction plan submittal. Retaining walls must meet subdivision regulation standards and the municipal code.
A preliminary plan shall be vested for a period of three years from the date of the original approval.
A blasting permit will be required from the Fire Marshal prior to release of a grading permit.
Add the following note to the preliminary plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
Applicable security for all required roadway, drainage, utilities, water, sewer, improvements and landscaping in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.
It is the policy of the U.S. Postal Service that mail delivery to all new and extended developments uses centralized delivery, via cluster box units (CBU). It is the responsibility of the customers (developers and builders) to provide the necessary mail receptacle equipment. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin.
Proof of USPS approval of the proposed method of mail delivery shall be provided as part of the submittal of the final plat for review by the Planning Commission. Please contact the USPS for approval of the proposed location and design of the CBU delivery/pick-up location. The proposed location must be shown on the final plat.
As part of the submission of the final plat, provided a copy of the “Mode of Delivery Agreement” indicating approval of the locations of the CBU’s by the USPS. Contact Teri Roberts -- theresa.m.roberts@usps.gov.
Adequate lighting shall be provided in the area of the CBU.
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.
Per the requirements of Appendix Seven of the Subdivision Regulations, in lieu of individual mailboxes, an address post shall be permanently placed in concrete at the end of each driveway, within the street right-of-way, or a private ingress/egress easement displaying the assigned address for the structure. The address post must be installed before a Certificate of occupancy is issued for the future structure. Refer to this Article for additional information.
Complete plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits issued by the State of Tennessee must be received before any work is begun.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

Moved by Commissioner Ken Travis for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner John Vitucci

Vote: 10 - 0 Approved

BPC2401-006 Revised Site Plan - Skatepark, Brentwood YMCA, Twin Springs Subdivision, Section 3, Lot 67, 8207 Concord Road, Zoning SI-3 - Applicant: Catalyst Design Group

Catalyst Design Group requested approval of a Revised Site Plan for the Brentwood YMCA. The proposal included the construction of a skatepark behind the southeast corner of the building. The skatepark area will have depressions, banks and other obstacles for the skaters to navigate. There are four existing light poles at the corners of the proposed skatepark. This lighting will be required to comply with the city's 3-footcandle maximum as measured at the property line. The proposal also included a 6-foot black decorative aluminum fence around the park area. The design of the skatepark balances the cut and fill quantities within the floodplain.

Staff recommended approval of the proposed revised site plan subject to the following conditions:

The grading plan must be signed and sealed prior to issuing a grading permit.
Update the plans to include a note that all material removal from site (proposed cut) shall be removed and disposed of in a manner approved by the City of Brentwood and TDEC.
Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning & Codes Department for review. Submit a signage package for review and approval to Todd Petrowski at todd.petrowski@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
A site plan shall be vested for a period of three years from the date of the original approval.
Add the following note to the site plan:

This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan. If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown in this plan may be subject to standards other than those that were applicable during the vesting period. The initial vesting period for this plan expires on February 5, 2027, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted in the plan.

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.
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.
If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered as the final site plan for the project.
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.
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.
The appropriate permits shall be obtained before the start of construction.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on February 5, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

Moved by Commissioner Rick Lundgren for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner John Church

Vote: 10 - 0 Approved

Other Business

Monthly Security Report - January 2024

Moved by Commissioner Tracy Stadnick for approval, seconded by Commissioner John Vitucci

Vote: 10 - 0 Approved

With no further business, the meeting adjourned at 7:19 pm.