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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Monday, March 4, 2024 at 7:00 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Ken Travis; Commissioner Preston Bain; Commissioner John Church; Commissioner Ryan Crowley; Commissioner Michael Kaplan; Commissioner Rick Lundgren; Commissioner Tracy Stadnick; Commissioner John Vitucci
Staff Present:
Planning & Codes Director Bob Leeman; City Manager Kirk Bednar; Assistant City Manager Jay Evans; City Planner Todd Petrowski; City Attorney Kristen Corn; Planner I Caroline Stewart
             

Approval or Correction of Minutes
             
February 5, 2024
  Moved by Commissioner Michael Kaplan for approval of the minutes as written, seconded by Commissioner Tracy Stadnick
  Vote: 10 - 0 Approved
             
Consent Agenda
             
BPC2402-001 Limited Duration Event, Food Truck Rally - Brentwood High School, 5304 Murray Lane, Zoning SI-2 - Applicant: Ms. Belinda Wade, Brentwood High School, 5304 Murray Lane, Brentwood, TN 37027

Brentwood High School requested approval of a limited-duration event to conduct a food truck rally on the school grounds from 11:00 am to 12:30 pm on Thursday, May 2, 2024. The trucks will be located in the front parking lot along Murray Lane, in front of the STEM building. 

There will be 13 food trucks invited to the event, which was intended for students only and not open to the public. 

Section 18-187(a) of the Code required that Food Truck Rallies in which more than ten vendors participate, obtain approval for the limited duration event from the Planning Commission. 

Staff recommended approval of the proposed limited duration event subject to the following conditions:
  1. The event organizers shall coordinate the event with Planning and Codes, and Police Department personnel as necessary. Additional traffic control measures may be required. 
     
  2. All ingress and egress points must remain clear and accessible at all times during the event. Emergency Responders shall have access to the site at all times. 
     
  3. The food trucks must be at least 10 feet apart, bumper to bumper, per NFPA 96.
     
  4. A separate food truck rally permit is required. 
     
  5. A separate tent permit will be required. 
     
  6. All food trucks that will be participating in the event must be permitted to operate in the City of Brentwood. Any food trucks on the site shall comply with the requirements of Article VI of the Municipal Code.
     
  7. The event shall comply with applicable sections of the Municipal Code. The levels of music amplification and public address activity will be governed by the requirements of the noise ordinance. Every effort will be made to mitigate the noise generated by the site. 
     
  8. Install temporary barriers at key locations to separate pedestrians from vehicle traffic. 
     
  9. Approval of the site plan does not constitute approval of the signage plan.  All signs must comply with the Brentwood Sign Ordinance.
     
  10. 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.
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-002 Minor Site Plan Alteration - Circle K, Moores Lane Interchange Industrial Park, Lot 2-A, 7108 Moores Lane, Zoning C-3 - Applicant: Corporate Identification Solutions

Corporate Identification Solutions requested approval of Revised Building Elevations for the property located at 7108 Moores Lane. Circle K had purchased this former Mapco location and was requesting to revise the building and gas canopy elevations. Please note that none of the signage was being reviewed or approved by the Planning Commission. A separate detailed signage package will need to be submitted to city staff for a compliance review.  

This proposal included the installation of a red, white, and yellow ACM (Aluminum Composite Material) band on the front of the store building. The store building and car wash will be painted white with a brown base. The gas canopy will have red, yellow and white ACM panels. The gas pumps will also be painted to match the store and canopy. 

Staff is recommending a condition of approval that the red and white band along the top of the convenience store building be removed and that the existing building facade remain, which will allow this building to comply with the Code.  Staff is also recommending that the red band along the top of the car wash building be removed so that the building is one color.  The applicant has agreed to make these changes.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. No signs are being approved with this request.  All signs must comply with the Brentwood Sign Ordinance.  
     
  2. The proposed red and white band along the top of the convenience store building shall be removed, and the existing building facade shall remain in its current form, with the exception of future, compliant building signage which may be added.  The existing green and yellow bands may be changed in color to be consistent with the new tenant, but not enlarged.
     
  3. The proposed red and yellow band along the top of the car wash building shall be removed and the building facade shall remain in its current form, with the exception of future, compliant building signage which may be added. The proposed white building color with a brown base color can remain.
  1. 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.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval. 
     
  3. 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.
     
  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 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 March 4, 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.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  8. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  9. 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. 
     
  10. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code.
     
  11. The appropriate permits shall be obtained before the start of construction.
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood. 
     
  13. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  14. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  15. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-003 Minor Site Plan Alteration - Circle K, Liberty Place, Building C01, 8009 Moores Lane, Zoning C-2 - Applicant: Corporate Identification Solutions

Corporate Identification Solutions requested approval of Revised Building Elevations for the property located at 8009 Moores Lane. Circle K had purchased this former Mapco location and was requesting to revise the building and gas canopy elevations. Please note that none of the signage was being reviewed or approved by the planning commission. A separate detailed signage package will need to be submitted to city staff for a compliance review.  

This proposal included painting the roofs of the buildings brown and painting all the green accents either brown or red.  The base of the car wash will be painted brown. The gas canopies will have red, yellow, and white ACM (Aluminum Composited Material) panels. The gas pumps will also be painted to match the canopy.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. No signs are being approved with this request.  All signs must comply with the Brentwood Sign Ordinance.  
  1. 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.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval. 
     
  3. 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.
     
  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 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 March 4, 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.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  8. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees. The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  9. 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. 
     
  10. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code.
     
  11. The appropriate permits shall be obtained before the start of construction.
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood. 
     
  13. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  14. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  15. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-005 Limited Duration Event, Food Truck Rally - Red, White and Boom, Crockett Park, Zoning SI-3 - Applicant: Ms. Kesha Gooding, City of Brentwood, 5211 Maryland Way, Brentwood, TN 37027

The City of Brentwood requested approval to host approximately 15 food trucks at the annual Red, White, and Boom celebration at Crockett Park. The Red, White, and Boom celebration will take place on Thursday, July 4th. Food trucks will be available at 5:00 pm, music at 7:00 pm, and the fireworks at 9:00 pm. 

Staff recommended approval of the proposed limited duration event subject to the following conditions:
  1. The event organizers shall coordinate the event with Planning and Codes, and Police Department personnel as necessary. Additional traffic control measures may be required. 
     
  2. All ingress and egress points must remain clear and accessible at all times during the event. Emergency Responders shall have access to the site at all times. 
     
  3. The food trucks must be at least 10 feet apart, bumper to bumper, per NFPA 96.
     
  4. A separate food truck rally permit is required. 
     
  5. A separate tent permit will be required. 
     
  6. All food trucks that will be participating in the event must be permitted to operate in the City of Brentwood. Any food trucks on the site shall comply with the requirements of Article VI of the Municipal Code.
     
  7. The event shall comply with applicable sections of the Municipal Code. The levels of music amplification and public address activity will be governed by the requirements of the noise ordinance. Every effort will be made to mitigate the noise generated by the site. 
     
  8. Install temporary barriers at key locations to separate pedestrians from vehicle traffic. 
     
  9. Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance.
     
  10. 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.
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-006 Revised Hillside Protection Site Plan Review - Chevoit Hills Subdivision, Lot 9, 9300 Chevoit Drive, Zoning R-2 - Applicant: Alliance Engineering & Consulting, LLC

Alliance Engineering & Consulting, LLC requested approval of a Revised Hillside Protection Site Plan.  The proposal included the following:
  • Removal of 1,003 sf of existing wood deck on the rear of house
  • Removal of 255 sf of existing front porch and overhead deck
  • Removal of 2,185 sf of existing driveway and sidewalks
  • Removal of 16 sf of existing house
  • Add 1,860 sf of roofed additions to back of house
  • Add 755 sf of rear deck
  • Add 518 sf to front porch
  • Add 852 sf of driveway
  • Add 609 sf of sidewalk
  • Add 1,070 sf of permeable pavers
The front porch and columns will be painted a dark "Iron Ore" color. 

Staff recommended approval of the proposed hillside protection overlay site plan subject to the following conditions:
  1. The Geotech report must be updated to include review of the proposed plan. We will also need a report prior to CO for site work.
     
  2. Indicate infiltration rates and/or proposed underground drainage to route excess water away from the area to prevent ponding. The minimum infiltration rate is 1/2-inch per hour. 
     
  3. Indicate which pre-treatment options are being used. The detail on C6 has a note stating to circle one or more options used for the permeable pavers. Indicate which ones are proposed for this project.
     
  4. Provide signatures with the revised submittal.
     
  5. Show the PUDE on all sides of the parcel on all plan sheets, consistent with the recorded plat. Also, adjust setback lines to match the recorded plat.
  1. A Hillside Protection 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 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 March 4, 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. 
     
  3. 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.
     
  4. 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.
     
  5. 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.
     
  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. 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.
     
  8. 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. 
     
  9. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  10. 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.
     
  11. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  12. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-008 Revised Site Plan - Heritage Medical Associates, Westgate Commons Subdivision, 1620 Westgate Circle, Zoning C-2/SR - Applicant: Fulmer Lucas

Fulmer Lucas requested approval of a Revised Site Plan for the property located at 1620 Westgate Circle. The proposal included the addition of seven parking spaces and the installation of a generator with a masonry generator enclosure. The proposal also included painting the building gray.    

Staff recommended approval of the proposed revised site plan subject to the following conditions:
  1. 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.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval. 
     
  3. Add the following note to the 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 March 4, 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.
     
  4. 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.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  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. The appropriate permits shall be obtained before the start of construction.
     
  10. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood. 
     
  11. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code. The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications. The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  12. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on March 4, 2024. Any changes to the Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2402-010 Minor Site Plan Alteration - Storage Shed, Brentwood High School, 5304 Murray Lane, Zoning SI-2 - Applicant: Ms. Belinda Wade, Brentwood High School, 5304 Murray Lane, Brentwood, TN 37027

Brentwood High School requested approval to construct a 192 square foot storage building behind the main building. The storage building will be a light gray color with a dark gray metal roof.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. 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.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval. 
     
  3. Add the following note to the 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 March 4, 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.
     
  4. 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.
     
  5. 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.
     
  6. 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.
     
  7. 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.
     
  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 March 4, 2024. Any changes to the 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 of the items on the Consent Agenda, seconded by Commissioner John Church
  Vote: 10 - 0 Approved
             
Regular Agenda
             
Ordinance 2024-03 - AN ORDINANCE REZONING APPROXIMATELY 7.57 ACRES LOCATED ON THE EAST SIDE OF WALLER ROAD, APPROXIMATELY 1,000 FEET NORTH OF CONCORD ROAD FROM SI-1 (SERVICE INSTITUTION-RELIGIOUS) TO R-2 (SUBURBAN RESIDENTIAL)

Colliers Engineering requested to rezone 7.57 +/- acres from SI-1 (Service Institution- Religious) to R-2 (Suburban Residential) zoning district for property located on the east side of Waller Road, approximately 1,000 feet north of Concord Road.

This ordinance requested to rezone property from SI-1 (Service Institution - Religious) to the R-2 (Suburban Residential) zoning district for 7.57 +/- acres along the east side of Waller Road, approximately 1,000 feet north of Concord Road. This property was once part of the Concord Community Church of the Nazarene property to the south. The SI-1 master-plan that was considered for the property showed additional parking extending to the north of the property now proposed for rezoning. That additional parking was never built, and the master-plan had since expired.   
 
The property details were outlined in the table below. 
 
PROPERTY DESCRIPTION -- Hanna Property
OWNER ADDRESS PARCEL # AREA (AC)
 SAMEH IBRHEEM HANNA AND
MAGDY I. AZMY AND HANADI JAMIL FADLI		   Map 031 00605 Parcel 00016031 7.57
TOTAL  7.57 +/-
 
Utility service for the property was provided by the Nolensville/College Grove Utility District (water) and Metro Water Services (sewer). If rezoned, the future homes would not impact the city's water/sewer infrastructure. 
The proposed non-binding R-2 plan for the property showed 3 total lots with an overall density of 0.38 units per acre. This plan was consistent with the requirements of the Brentwood Municipal Zoning Ordinance. The R-2 zoning district required a minimum lot size of one acre. Required detention areas must be within common open space. There was also a TVA easement running along the southern part of the property. The district standards required a minimum lot area of one acre and a gross density of one dwelling unit per acre. The non-binding plan provided a right-of-way dedication along Waller Road to provide a consistent right-of-way along the frontage of the property.  

Below was the schedule for the rezoning application:    
Proposed Schedule
Monday, February 12, 2024 Board of Commissioners -- First Reading of the Ordinance Rezoning to R-2 zoning
Wednesday, February 28, 2024 Required Community Meeting - ANNEX ROOM at Brentwood City Hall  - Tentative
Monday, March 4, 2024 Planning Commission Review and Recommendation of the Ordinance to Rezone to R-2
Monday, March 11, 2024 Board of Commissioners Public Hearing on the Ordinance Rezoning to  R-2 
Monday, March 25, 2024 Board of Commissioners Review of Final Reading for the Ordinance Rezoning to R-2. 

Staff had reviewed the proposed rezoning application and recommended that the Planning Commission forward a recommendation of approval to the Board of Commissioners to rezone from SI-1 to the R-2 zoning district.
  Moved by Commissioner Tracy Stadnick to forward a recommendation of approval of Ordinance 2024-03 to the Board of Commissioners, seconded by Commissioner John Vitucci
  Vote: 10 - 0 Approved
             
Other Business
             
Monthly Security Report - February 2024
  Moved by Commissioner Ken Travis for approval, seconded by Commissioner Preston Bain
  Vote: 10 - 0 Approved
             
With no further business, the meeting adjourned at 7:18 pm.


APPROVED:  April 1, 2024
Holly Earls, City Recorder

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