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Consent Agenda 2.
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| BRENTWOOD PLANNING COMMISSION |
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| Information |
| Subject |
| BPC2211-003 Hillside Protection Site Plan Review - Heathrow Hills Subdivision, Lot 9, 5106 Heathrow Boulevard, Zoning R-2 - Applicant: Mr. Michael Slowey, The Ernst Group, LLC, 190D Saundersville Road, Suite 4001, Hendersonville, TN 37075 |
| General Information |
| The Ernst Group LLC requests approval of a Hillside Protection Site Plan for Lot 9 of the Heathrow Hills Subdivision. The proposal includes the construction of a 4,327 square foot home and swimming pool. The new home will be a combination of beige brick and hardie siding. The proposed driveway does not exceed 500 feet in length. |
| Conditions of Approval |
Staff recommends that the following 2 conditions be attached to the approval of the request.
- The geotechnical report identified colluvial soils at both boring locations within the construction area. Colluvial soils are landslide prone, especially when disturbed by construction. A qualified geotechnical engineer, licensed to practice in the State of Tennessee, will be required to be on-site throughout the duration of construction.
- A structural engineer, licensed to practice in the State of TN, will be required to prepare the foundation design drawings for the house, retaining walls and soil nail walls per the geotechnical recommendations. The current grading plans do not include any recommendations. The grading and construction plans will need to be updated with the geotechnical construction recommendations, structural design, and signed.
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| Standard Requirements |
Staff recommends that the following 17 conditions be attached to the approval of the request.
- Removal of established trees outside the building envelope or the limits of disturbance shall be limited, with the exception of diseased or hazardous trees as recommended in writing by a landscape architect, licensed to practice in Tennessee.
- The retaining wall will be required to be inspected by a licensed professional engineer and certified in writing prior to Certificate of Occupancy acceptance coordinating with the geotechnical engineer on-site.
- Existing natural vegetation around a proposed structure in the HP Overlay district, particularly if located in areas of potential high visibility from properties and roadways at lower elevations, shall be preserved to the greatest extent feasibly and practical. Additional evergreen trees and shrubs may be required to effectively screen the structure.
- A residential fire sprinkler system is required.
- 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 on this plan may be subject to standards other than those that were applicable during the vesting period. The Initial vesting period for this plan expires on April 3, 2026, unless extended by the City of Brentwood. Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan.
- 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 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.
- Add the following note to the plan - “All structures designed for human use and occupancy, including residential dwelling units and garages, shall be protected through an automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) standards and requirements and approved by the fire chief or his designee.
- Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2211-003) 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.
- Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
- 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.
- Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023. Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
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| Staff Recommendation |
| Staff requests that the Planning Commission vote to approve the proposed hillside protection overlay site plan subject to the requirements of the staff report. |
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