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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Monday, April 3, 2023 at 6:30 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Mark Gorman; Commissioner Preston Bain; Commissioner Chris Clark; Commissioner Carole Crigger; Commissioner Ryan Crowley; Commissioner Michael Kaplan; Commissioner Brandon Oliver; Commissioner John Vitucci
Staff Present:
Planning & Codes Director Bob Leeman; Assistant City Manager Jay Evans; City Planner Todd Petrowski; City Planner Allison Roberts; City Attorney Kristen Corn
             

Approval or Correction of Minutes
             
March 6, 2023
             
Consent Agenda
             
BPC2210-003 Final Plat - Echo Subdivision, 1584 Ragsdale Road, Zoning R-2 - Applicant: Mr. Jacob Palmer, CSDG, 2305 Kline Avenue, Suite 300, Nashville, TN 37211

CSDG requested approval of a final plat showing 13 lots on approximately 20 acres.  The final plat matched the approved preliminary plan.  

Staff recommended approval of the proposed final plat subject to the following conditions:
  1. Approval of a final plat by the Planning Commission shall become effective upon the date of the last signature required on the plat for recording. The initial vesting period shall be for a period of five years after approval.
     
  2. Prior to signing of plat, water and sewer asbuilts (pdf & digital), cctv inspection of gravity sewer mains (if applicable), and construction cost summary are to be provided to the Water Services Department. Final paving of roads due to off-site utility installation shall be completed and approved by department prior to signing of plat. 
  1. A Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code.
     
  2. Add the following note to all pages of the final plat:
This final plat is subject to a vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  Upon expiration of the vesting period, development of the property shown on this plat may be subject to standards other than those that were applicable during the vesting period.  The vesting period for this plat expires on April 3, 2026, unless extended by the City of Brentwood.  Persons relying on this plat after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
 
(Planning and Codes Department staff will insert the expiration year for the plat at the time the plat is ready for recording and may also make changes to the wording of the above note as necessary to carry out the intent of Standard Requirements 1, 2 and 3 below.)
  1. Provide the Planning staff with a digital copy of the proposed subdivision.  This request is consistent with Article 2.3 of the Brentwood Subdivision Regulations.  The file should be in AutoCAD .DWG or .DXF compatible format.  The file shall use the Tennessee State Plane coordinate system, FIPS Zone 4100, NAD 83 datum.  The digital copies must be received before the plat may be recorded.
     
  2. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  3. 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.
     
  4. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  5. The creation of an HOA is required to maintain the common open space areas. 
     
  6. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  7. Any changes to plats approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  8. 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.
     
  9. Approval of the proposed plat 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.
             
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

The Ernst Group LLC requested approval of a Hillside Protection Site Plan for Lot 9 of the Heathrow Hills Subdivision.  The proposal included 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 did not exceed 500 feet in length. 

Staff recommended approval of the proposed hillside protection overlay site plan subject to the following conditions:
  1. The geotechnical report identified colluvial soils at both boring locations within the construction area. Colluvial soils are landslide prone, especially when disturbed by construction. A qualified geotechnical engineer, licensed to practice in the State of Tennessee, will be required to be on-site throughout the duration of construction.
     
  2. A 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. 
  1. 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.
     
  2. 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.
     
  3. 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. 
     
  4. A residential fire sprinkler system is required. 
     
  5. A site plan shall be vested for a period of three years from the date of the original approval.
     
  6. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2.  If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development.  
     
  5. Add the following note to the plan - “All structures designed for human use and occupancy, including residential dwelling units and garages, shall be protected through an automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) standards and requirements and approved by the fire chief or his designee.
     
  6. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (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. 
     
  7. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  8. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  9. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  10. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2301-001 Revised Final Plat - Brentmeade Estates, Section 11, Lot 77, 9152 Jones Court, Zoning OSRD - Applicant: Mr. Chris Conrad, L.I. Smith and Associates, 475 Metroplex Drive, Suite 212, Nashville, TN 37211

L.I. Smith and Associates requested approval of a revised final plat that combined Lot 77 of Brentmeade Estates with the adjoining remnant parcel.  Lot 77 had an area of approximately one acre and the remnant parcel was approximately a third of an acre.  This combination will provide a larger buildable area for Lot 77.  

Staff recommended approval of the proposed revised final plat subject to the following conditions:
  1. Approval of a final plat by the Planning Commission shall become effective upon the date of the last signature required on the plat for recording. The initial vesting period shall be for a period of five years after approval.
  1. Add the following note to all pages of the final plat:
This final plat is subject to a vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  Upon expiration of the vesting period, development of the property shown on this plat may be subject to standards other than those that were applicable during the vesting period.  The vesting period for this plat expires on________________, unless extended by the City of Brentwood.  Persons relying on this plat after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
 
(Planning and Codes Department staff will insert the expiration year for the plat at the time the plat is ready for recording and may also make changes to the wording of the above note as necessary to carry out the intent of Standard Requirements 1, 2 and 3 below.)
  1. Provide the Planning staff with a digital copy of the proposed subdivision.  This request is consistent with Article 2.3 of the Brentwood Subdivision Regulations.  The file should be in AutoCAD .DWG or .DXF compatible format.  The file shall use the Tennessee State Plane coordinate system, FIPS Zone 4100, NAD 83 datum.  The digital copies must be received before the plat may be recorded.
     
  2. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  3. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  4. Any changes to plats approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  5. 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.
     
  6. Approval of the proposed plat 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.
             
BPC2303-001 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 11:30am to 1:15pm on Thursday, April 27, 2023. The trucks will be located in the front parking lot along Murray Lane in front of the STEM building.  Approximately 14 food trucks were 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. 

Food Trucks to be in Attendance
Grilled Cheeserie
Buns on the Run
Chang Kham Asian Streetfood Fusion
Little Cancun on the Go
Nashville Chicken and Waffles
Smokin Buttz
Hoss' Burgers
Califarmia
Steaming Goat
Blue Monkey Shaved Ice
TN Cobbler Company
Bradley Creamery
Driving You Donuts
Mojo Cookie Dough & Creamery
 
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. The food trucks must be at least 10 feet apart, bumper to bumper, per NFPA 96.
     
  3. Any food trucks on the site shall comply with the requirements of Article VI of the Municipal Code and be permitted by the City.
     
  4. 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. 
     
  5. 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. 
     
  6. Install temporary barriers at key locations to separate pedestrians from vehicle traffic. 
     
  7. Approval of the site plan does not constitute approval of the signage plan.  All signs must comply with the Brentwood Sign Ordinance.
     
  8. 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.
             
BPC2303-005 Minor Site Plan Alteration - Harpeth on the Green Building II & III, Maryland Farms, Section 9, Lot 16-B & C, 105 & 109 Westpark Drive, Zoning C-1 - Applicant: Mr. Taylor Wells, Highwoods Properties, 3322 West End Avenue, Suite 600, Nashville, TN 37203

Highwoods Properties requested approval to install site signage at the Harpeth on the Green, Buildings II & III sites.  The proposal included the installation of wayfinding signage, building identification, and vehicular directional signage.  The signage will be black and hale navy for the Building II and black and antique mahogany for Building III.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. The address for the building identity needs to reflect the correct address for the project.
  1. For each ingress/egress with a proposed monument provide sight distance triangles that comply with the following section from the Brentwood Municipal Code. Sight distance triangle. All entrance signs and freestanding signs located near the corners of an intersection, shall be located outside the sight distance triangle. Such triangle shall be composed of two lines, measured at a distance of 35 feet running along each leg of the road or driveway pavement surfaces, and a third connecting line to form a triangular area. This area shall be free of any permanent or temporary signs that may inhibit a clear sight visibility for motorists.
     
  2. Installation of new signage/monuments/markers shall be located a minimum of 5-feet off water and sewer utility mains. 
     
  3. A foundation permit and footing inspection will be required prior to the construction of the monument sign.
     
  4. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, all or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  5. A site plan shall be vested for a period of three years from the date of the original approval.
     
  6. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2303-005) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  6. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  7. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  8. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  9. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  10. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2303-006 Minor Site Plan Alteration - Harpeth on the Green Buildings IV & V, Maryland Farms, Section 41, Lots 49 & 50, 100 & 105 Westwood Place, Zoning C-1 - Applicant: Mr. Taylor Wells, Highwoods Properties, 3322 West End Avenue, Suite 600, Nashville, TN 37203

Highwoods Properties requested approval to install site signage at the Harpeth on the Green, Buildings IV & V. The proposal included the installation of wayfinding signage, building identification, and vehicular directional signage.  The signage will be black and dark green in color for building IV and black and thyme green for building V.   

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. The address for the building identity needs to reflect the correct address for the project.
  1. For each ingress/egress with a proposed monument provide sight distance triangles that comply with the following section from the Brentwood Municipal Code. Sight distance triangle. All entrance signs and freestanding signs located near the corners of an intersection, shall be located outside the sight distance triangle. Such triangle shall be composed of two lines, measured at a distance of 35 feet running along each leg of the road or driveway pavement surfaces, and a third connecting line to form a triangular area. This area shall be free of any permanent or temporary signs that may inhibit a clear sight visibility for motorists.
     
  2. Installation of new signage/monuments/markers shall be located a minimum of 5-feet off water and sewer utility mains. 
     
  3. A foundation permit and footing inspection will be required prior to the construction of the monument sign.
     
  4. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, all or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  5. A site plan shall be vested for a period of three years from the date of the original approval.
     
  6. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development.
     
  5. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2303-006) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  6. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  7. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  8. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  9. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  10. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2303-010 Limited Duration Event, Food Truck Rally - BrentFest, Crockett Park, Zoning SI-3 - Applicant:  Ms. Kesha Gooding, City of Brentwood, 5211 Maryland Way, Brentwood, TN 37027

City of Brentwood requested approval of a limited duration event for BrentFest on Saturday, June 24, 2023 at Crockett Park. The event will kick off at 5:00pm with food trucks, a beer garden and a kid zone, followed by the dueling pianos at 5:00pm and Rubiks Groove at 6:00pm. The event will conclude at 8:00pm. There will be eleven trucks at the event. 

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. Any food trucks on the site shall comply with the requirements of Article VI of the Municipal Code and be permitted by the City.
     
  3. 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. 
     
  4. 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. 
     
  5. Install temporary barriers at key locations to separate pedestrians from vehicle traffic. 
     
  6. Approval of the site plan does not constitute approval of the signage plan.  All signs must comply with the Brentwood Sign Ordinance.
     
  7. 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.
             
BPC2303-011 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 Tuesday, July 4th. Food trucks will be available at 6:00pm, music at 7:00pm, and the fireworks at 9:00pm. 

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. Any food trucks on the site shall comply with the requirements of Article VI of the Municipal Code and be permitted by the City.
     
  3. 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. 
     
  4. 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. 
     
  5. Install temporary barriers at key locations to separate pedestrians from vehicle traffic. 
     
  6. Approval of the site plan does not constitute approval of the signage plan.  All signs must comply with the Brentwood Sign Ordinance.
     
  7. 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.
  Moved by Vice Chair Stevan Pippin for approval of the items on the Consent Agenda, seconded by Commissioner Preston Bain
  Vote: 10 - 0 Approved
             
Regular Agenda
             
Resolution 2023-26 - A RESOLUTION TO ADOPT THE CITY'S 2023 MAJOR THOROUGHFARE PLAN UPDATE

The purpose of a Major Thoroughfare Plan (MTP) is to guide future transportation and land use planning through the identification of both short and long-term transportation projects.  While the primary focus of the plan is the list of projects, the study also included an evaluation of the existing transportation system as well as projections for future conditions based on projected future traffic demands.  In Brentwood, there are two primary challenges when considering future transportation related needs and projects.  First, Brentwood's geographic location along I-65 between Nashville and Franklin/Cool Springs means that a significant portion of the future growth in traffic in and through Brentwood will be driven by land use decisions made by other entities.  This then leads to the second challenge, which is how to accommodate future traffic demand, much of it from outside or flowing through Brentwood, without changing the character of the community.

It is important to note that this plan and the projects in it is, like the City's six-year capital improvements plan, an ever-evolving plan.  Adoption of this plan does not commit the City to construct any improvements and some of the projects listed in the plan may never happen unless certain future land use decisions are made by the City Commission and the Planning Commission.  For example, the projects related to a new I-65 interchange and extension of Murray Lane to such an interchange will not occur if the Turner property is never developed.  However, having these projects listed in the plan is important as it serves as the basis for the City to require certain improvements should a development proposal for the Turner property ever come forward.

The original Brentwood 2020 Plan adopted in 1999 contained a list of 30 road improvement projects.  At the time, this listing served as an update to the Major Thoroughfare Plan originally adopted in 1996.  When the Brentwood 2020 Plan was updated in 2006, it included a status report on the original list of 30 projects, and several of the projects were deleted at that time.  Projects deleted in 2006 included the Mallory Lane extension to Concord Road, realignment of Edmondson Pike to connect with Old Smyrna Road through what is now the Whetstone subdivision, the extension of Raintree Parkway west to Moores Lane, extension of Edmondson Pike south to Crockett Road, construction of a new east/west roadway between Sunset Road and Waller Road, and construction of a new north/south road between Concord Road and future McEwen Drive.  Most of these were canceled due to approved residential development that either blocked the possibility of the project or provided alternative routes that made the project unnecessary.  The Mallory Lane extension project was canceled following a citizen referendum.

The 2016 MTP Update effort included updates to the list of projects in the MTP, including a list of 21 road projects, shown below, and 13 bike and pedestrian projects, along with an associated map (See Exhibit A, attached).  Of the 21 road projects, 14 were a continuation of projects that were reflected in the original 2020 plan and continued in the 2006 update. 
 
2023 Major Thoroughfare Plan Proposed Changes:
As stated above, the MTP is an ever-evolving plan that needs periodic updates when circumstances warrant.  Therefore, this update included three proposed changes to the plan as follows:
  1. The Board of Commissioners adopted the Windy Hill Park Master Plan at the November 28, 2022, Board of Commissioners meeting.  The 2016 MTP called for a connection of Jones Parkway through this property, but after completing the Master Planning process for the park and listening to surrounding neighborhoods, it was determined by the Board of Commissioners that this area would be better served by providing a park without the Jones Parkway connection included.  Therefore, this update proposed to eliminate No. 6 on the list to be consistent with the Windy Hill Park Master Plan that was adopted. 

     
  2. At the September 22, 2022, Board of Commissioners Informational Briefing, the need for the Green Hills Boulevard connection to Old Smyrna Road was discussed.  While there may be some benefits to more connectivity in the area, the Commissioners determined that the impact to the surrounding neighborhoods outweighed the benefits and directed staff to pursue an amendment to the MTP.  In discussing this possible connection, it was determined, with input from the City Engineer, that connecting Green Hills Boulevard to Old Smyrna Road would require significant upgrades to Old Smyrna Road and the overall benefit from a traffic improvement standpoint did not outweigh the costs.  Furthermore, in checking with the City’s emergency responders, they indicated that it will not impact response times by not connecting Green Hills Boulevard to Old Smyrna Road.

     
  3. Add the realignment of Split Log Road between Pavilion Way on the south side and Sunset Road on the north side at the southern terminus of Waller Road.  This realignment was not included in the 2016 update because it was outside the city limits.  However, with recently completed annexations this road segment was located partially within the current Brentwood City limits and partially within the Brentwood Urban Growth Boundary.  This road realignment has been planned for almost ten years pending annexation of property in this area. 

     
  4. Change Sam Donald Road from a Collector Road to an Arterial Road classification from the intersection of Split Log Road to the Brentwood City Limits to the East.  Arterial streets have a minimum width of 90 feet.  Additional right of way may be required for turn lanes, deceleration lanes, medians, sidewalks, and bikeways.  The Town of Nolensville adopted an updated Major Thoroughfare Plan in June 2022, which showed the portion of Sam Donald Road in Nolensville as a Minor Arterial Street.  This change to the Brentwood Plan was consistent with the Nolensville Plan.
 
 
ID Existing Project Description
1  Widen Granny White Pk from Virginia Way to Old Hickory Blvd
2  Improve/Realign Old Smyrna Road
3  Widen Wilson Pk from Concord Rd to Church St
4  Old Smyrna Rd Extension
5  Improve/Realign Johnson Chapel Rd to Belle Rive Dr
6  Extend Jones Pkwy north to Old Smyrna Rd
7  Improve/Realign Holly Tree Gap Rd
8  Construct new interchange on I-65
9  Sunset Rd Extension
10  Improve/Realign Ragsdale Rd
11  Beech Grove Rd Connection to Liberty Church Rd
12  Improve/Realign Sunset Rd
13  Widen Moores Ln from Carothers Pkwy to Mallory Ln
14  Improve/Realign Crockett Rd from Concord Rd to Wilson Pike
 
 
ID Existing and New Project Description Comments
15  Murray Ln/Wilson Pk Connector Solely development driven in association with new I-65 interchange (see ID #8)
16  Green Hill Blvd Extension North From existing terminus in Whetstone subdivision to Old Smyrna Road
17  McEwen Dr. Extension From Wilson Pike east to Pleasant Hill - in conjunction with City of Franklin
18  Improve/Realign Pleasant Hill Rd From Split Log Road to Clovercroft
19  Charity Dr Extension Planned as part of Traditions subdivision
20  Ivy Crest Dr Extension Planned as part of Taramore subdivision
21  Town Center Way Extension From Franklin Road to Eastpark
22 (New) Split Log Road Realignment From Pavilion Way to Sunset Road to the southern terminus of Waller Road
23 (New)  Change Sam Donald Road to an Arterial Street Classification From intersection of Split Log Road to the Brentwood City Limits to the East
 
The plan also included a series of identified bike and pedestrian improvement projects. These were not proposed to change with this amendment.  Some of these would be associated with future road projects while others simply identify preferred corridors for expanded bike and pedestrian connectivity.


Staff recommended that the Planning Commission forward a recommendation of approval to the Board of Commissioners for the proposed 2023 Major Thoroughfare Plan Update.
  Moved by Commissioner Michael Kaplan to forward a recommendation of approval to the Board of Commissioners for the proposed 2023 Major Thoroughfare Plan Update, seconded by Commissioner Ryan Crowley
  Vote: 10 - 0 Approved
             
Ordinance 2023-03 - AN ORDINANCE AMENDING SECTIONS 78-22, 78-122, AND 78-136 OF CHAPTER 78 REFERENCING USES PERMITTED AND USES PROHIBITED STANDARDS WITHIN THE AR (AGRICULTURAL/ RESIDENTIAL) AND AR-IP (AGRICULTURAL/RESIDENTIAL ESTATE: INNOVATIVE PROJECT) ZONING DISTRICTS, AND ACCESSORY BUILDING LIMITATIONS/STANDARDS

This ordinance proposed two updates to the AR and AR-IP zoning district provisions.  The first change proposed to clarify that Section 10-4 of the Municipal Code, which stated that certain animals may be kept on lots greater than three acres, applied to the AR zoning district.  The AR district standards only state that general farming activities such as the breeding and keeping of domestic animals were permitted, but do not specifically limit them to lots on three acres or larger. Although the technical standards of the AR zone provided that the minimum size of any new AR lot must be three acres, there were some smaller lots in existence from the time of the application of the zone (see attached example map). Therefore, this amendment was proposed to alleviate any confusion that there must be three acres or greater in AR for the referenced animals to be kept.  

This clarification would be accomplished by changing Section 78-122 (1) of the Code to add the bolded text as follows, with all other portions of this section remaining unchanged:    

(1)  General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals, and any similar agricultural uses which are in keeping with the character and intent of the district subject to the provisions of section 10-4 of this code.

Secondly, this ordinance proposed to update the AR-IP zoning district provisions to allow certain higher-elevation lots to have limited opportunities for including accessory uses and buildings such as, but not necessarily limited to, swimming pools in front and side yards when located within the Hillside Protection Overlay. 

The Zoning Ordinance established requirements and restrictions pertaining to technical and development standards within the AR-IP (Innovative Project) district.  The existing provisions prohibit swimming pools in front yards under Section 78-132 by stating that, “Unless otherwise set forth within this division, all provisions of division 2, subdivision I, AR-General shall apply within an AR-IP zoning district.” Certain higher elevations along Old Smyrna Road have unique views of the Downtown Nashville skyline, and it is in keeping with the intent of the AR-IP zoning district to allow limited opportunities for homes to include accessory uses in front and side yards when located within the Hillside Protection Overlay.

The ordinance proposed to accomplish this by amending Section 78-136 by deleting this section in its entirety and replacing it with the following:  
 
Sec. 78-136. – Uses Permitted.
  1. All uses permitted under Section 78-122 for the AR-General district shall be permitted, unless otherwise set forth within this section.
  2. Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-128.  Accessory building(s) shall be located in the buildable area of the rear yard, except when a lot is located within the hillside protection overlay district.  Lots that are located within the hillside protection overlay may also place accessory building(s) in the buildable area of the front yard and side yard subject to planning commission review and approval.  Board of zoning appeals approval shall not be required, as specified in Section 78-22, when the planning commission has reviewed an accessory structure site plan within the hillside protection overlay.  The planning commission shall review to ensure the placement does not negatively impact surrounding lots and structures.
  3. Accessory uses such as swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-128 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard, except when a lot is located within the hillside protection overlay.  Lots that are within the hillside protection overlay may also place accessory uses in the buildable area of the front and side yard subject to planning commission review and approval.  The planning commission shall review to ensure the placement does not negatively impact surrounding lots and uses and is in keeping with the overall design standards of the subdivision.   

This ordinance also proposed to change Section 78-22(b)(2) by adding the bolded text as follows:
 
(2)  Approval for an accessory building must be obtained from:
 
  1.  The board of zoning appeals, for any accessory building of more than 12 feet in height or with a gross floor area of more than 225 square feet, except when such building is located in the AR-IP zoning district and within the hillside protection overlay.  When located within the AR-IP zoning district and the hillside protection overlay, then only planning commission review of the site plan including the accessory building shall be required.
  2. The planning department staff, for any accessory building not requiring the approval of the board of zoning appeals or planning commission.  “Planning department staff,” as used in this section, means the city’s planning director or such persons authorized by the planning director to review and approve accessory building applications. 
As of then, the AR-IP district had only been applied to one area along Old Smyrna Road and was limited to the Old Smyrna Road area per the Zoning Code.  This change will not create opportunities in other zoning districts and was only allowed in AR-IP where innovative designs were contemplated as part of the AR-IP district.

Staff requested that the Planning Commission vote to forward a recommendation of approval to the Board of Commissioners.    
  Moved by Commissioner Brandon Oliver to forward a recommendation of approval to the Board of Commissioners for Ordinance 2023-03, seconded by Commissioner Carole Crigger
  Vote: 9 - 1 Approved
 
Nays: Chair Janet Donahue
             
BPC2303-009 Minor Site Plan Alteration - Lakeside Center, Maryland Farms, Lot 34, 214 Ward Circle, Zoning C-2 - Applicant: Ms. Lynn Reissenweber, M & J Willow, 20 S. Clark Street, Suite 3000, Chicago, IL 6063

M & J Willow requested approval to revise the exterior building elevation for Lakeside Center located at 214 Ward Circle.  The proposal included painting the existing beige stucco a white sail color.  The ridge cap, standing seam roof, and gutters will be painted a peppercorn color. 

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. All stucco, metal, and doors (front, sides, and rear) will need to be painted.  The entire building must match.  
     
  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 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view per the requirements of Section 78-206 (l) of the zoning ordinance.
     
  6. Unenclosed guarded service equipment on the exterior of building in commercial and service institution districts shall be limited to mandatory disconnects and metering equipment.  All other service equipment shall be placed in an enclosed area of a structure.
     
  7. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2303-009) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  8. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  9. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  10. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  11. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  12. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Mark Gorman for approval subject to the above conditions being met to the satisfaction of staff, seconded by Vice Chair Stevan Pippin
  Vote: 10 - 0 Approved
             
BPC2301-005 Revised Preliminary Plan - Anna Subdivision, Zoning OSRD - Applicant:  Mr. Eric McNeely, McNeely Civil Engineering, 254 Belgian Road, Nolensville, TN 37135

McNeeley Civil Engineering requested approval of a revised preliminary plan showing 17 lots on approximately 28 acres.  This plan was a revision to the 20 lot OSRD plan originally approved by the Planning Commission at their November 4, 2021, meeting.  The purpose of the revision was to redesign the subdivision layout and not relocate the existing perennial and intermittent streams.  Originally, these were going to be relocated to the exterior of the development.  The new configuration eliminated three lots and increased the dedicated open space from 11.06 acres to 13.86 acres, and increased the excess open space from 6.03 acres to 9.10 acres.  

The proposed revision also included changes to the site drainage and associated infrastructure, preservation of additional environmental features, and refinement of the entry road configuration.  Drainage revisions included increasing the stormwater management ponds from two to five. The plan also preserved approximately 1.7 additional acres of wetland and the removal of a farm pond at the request of TDEC. 

This revised plan also proposed the phasing of the development into two phases.  The purpose of the phasing was to allow the developer to move forward with phase one construction while the phase two portion was being review by FEMA.  Phase two included one lot consisting of 0.76 acres and 4.24 acres of common open space.  
 
Staff recommended approval of the proposed revised preliminary plan subject to the requirements of the staff report and to forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners subject to the following conditions:
  1. Water and sewer infrastructure are shown in approximate locations and will be finalized during construction plan review. Any offsite utility easements (permanent or temporary) required for project must be obtained prior to issuance of grading permit. Project will require TDEC water and sewer permits and will be required prior to installation of utilities. 
     
  2. Verify the drainage system hydrologic grade line corresponds to the proposed water surface elevation.
     
  3. Prior to grading plan issuance, hydraulic calculations showing that Phase One meets Brentwood Municipal Code detention and water quality requirements without Phase Two pond will be required. 
     
  4. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  5. Add the following note to the preliminary plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary, permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. Revise the hydrologic study to include a comparison of the existing and proposed 100-yr water profiles.  Please provide graphical comparison for the water surface profiles.  Also, add the flow data to the provided table.
     
  4. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  5. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (developers and builders) to provide the necessary mail receptacle equipment. 
     
  6. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  7. Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  8. On all sheets of the plan show the location of existing and platted property lines, existing streets, buildings, watercourses, railroads, cemeteries, sewer lines, bridges, culverts, drain pipes, water mains, fire hydrants, street lights, tree masses, public utility easements. 
     
  9. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  10. Applicable security for all required roadway, drainage, utilities, water, sewer, landscaping and amenity improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.  
     
  11. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code. 
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  14. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Vice Chair Stevan Pippin for approval subject to the above conditions being met to the satisfaction of staff and to forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners, seconded by Commissioner Preston Bain
  Vote: 10 - 0 Approved
             
BPC2303-002 Revised Site Plan - Brentwood Academy, 219 Granny White Pike, Zoning SI-2- Applicant: Phillip Piercy, Catalyst Design Group, 5100 Tennessee Avenue, Nashville, TN 37209

Catalyst Design Group requested approval of a revised Site Plan for Brentwood Academy.  The proposal made minor changes to the site plan approved by the Planning Commission at their May 2, 2022, meeting.  Those changes included adding roll up doors to the proposed chapel building and adding phasing lines to the plan.  The revision also included the placement of a portable classroom to replace the loss of a portion of the southern residential building due to the location of the new driveways.  The proposed portable will be placed in the existing parking lot west of the art house.

All other items approved by the Planning Commission on May, 2, 2022, remain unchanged.  Those items included the following:

1.  Construction of a 51,548 sq. ft. Student Life and Academic Center.
2.  Construction of eight new tennis courts and a 1,000 sq. ft. tennis support building, with an option to cover four of the six northern courts with an open-air pavilion roof structure.  Lighting for the courts is also proposed.
3.  Construction of a new softball field and a 1,740 sq. ft. concessions / bathroom building.
4.  Construction of the 1,990 sq. ft. chapel.
5.  Construction of a new driveway connection to Granny White Pike at Virginia Way.
6.  Field lighting and a new public sidewalk along Granny White Pike. 

Traffic Review Comments:
  • A traffic signal modification design shall be submitted for review and approval by the City.
  • Recommend that a 4” dotted white line be included to guide drivers from Virginia Way westbound to the driveway entrance. The dotted line would begin at the stop line, left side of thru lane on the Virginia Way approach and extend through the intersection to the left side of the new driveway entrance
  • The dimension of the proposed SB right-turn lane should be corrected to reflect the actual length of the right turn lane
  • The northeast corner should include two, separate curb ramps; one for each crosswalk approach. We suggest that the north-south crossing have its respective curb ramp on the east side of the corner radius. In doing so, the crosswalk and stop line would be shifted east to accommodate this. The curb ramp for the east-west crossing on north side of intersection would remain generally as shown.
  • Recommend installation of separate curb ramps for southeast corner, similar to northeast corner. The east-west crossing of the south leg may remain as proposed with the north-south crossing using a separate curb ramp. This approach will be consistent with TDOT expectations of the ongoing TDOT-sponsored CMAQ traffic signal upgrade project. Also, this design will provide a shorter crossing distance for pedestrian traffic which enhances safety by reducing exposure to vehicular traffic and provides more efficient traffic signal timing operations.
  • Recommend that a second straight arrow pavement marking be installed for the southbound approach generally in-line with the upstream left turn arrow shown.
  • Recommend that all existing stop lines should be replaced to provide a consistent deployment. We advise that is preferred to not have partial installation of stop lines.
Staff recommended approval of the proposed site plan subject to the following conditions:
  1. The portable classroom will be approved for a period of one year from the date of installation.  Extensions to this approval must be granted by the Planning Commission. 
     
  2. All traffic comments related to the intersection of Virginia Way and Granny White Pike will need to be addressed as part of Phase I of the project. 
     
  3. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  4. A site plan shall be vested for a period of three years from the date of the original approval.
     
  5. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. Owner is responsible for all costs associated with public sewer relocation and any public water infrastructure improvements to provide adequate domestic and fire protection demands. 
     
  3.  If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  4.  If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  5. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  6. The appropriate permits shall be obtained before the start of construction.
     
  7. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  8. 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. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view per the requirements of Section 78-246 (l) of the zoning ordinance. 
     
  10. Unenclosed guarded service equipment on the exterior of the building in commercial and service institution districts shall be limited to mandatory disconnects and metering equipment. All other service equipment shall be placed in an enclosed area of a structure. 
     
  11. 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 (BPC2303-002) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  14. 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.
     
  15. 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.
  Moved by Commissioner Brandon Oliver for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
BPC2303-003 Revised Site Plan - The Goddard School Brentwood, Maryland Farms, Section 58, Lot 69, 110 Winners Circle, Zoning C-1 - Applicant: Jim Gilliam, Wold Architects and Engineers, 214 Centerview Drive, Suite 300 , Brentwood, TN  37027

Wold Architects and Engineers requested approval of a revised Site Plan for the property located at 110 Winners Circle.  The Goddard School Brentwood requested to make changes to site and occupy the building.  The revisions included a reduction of 13 parking spaces from 97 to 84 spaces.  The proposal also included increasing the green space to 30% to comply with the ordinance minimum for this proposed use.  A playground, decorative aluminum fence, and play equipment adjacent to the building were also proposed. 

An existing 8,028 sq. ft. general office tenant will continue to occupy a portion of the first floor.  The proposed child care will occupy 4,994 sq. ft. on the first floor and 13,022 sq. ft. on the second floor for a total of 18,016 sq. ft.  Both uses complied with the minimum parking requirements. 

Staff recommended approval of the proposed revised site plan subject to the following conditions:
  1. Per NFPA 101, a daycare serving more than 99 clients in a building larger than 5,000 sq. ft., shall require a fire suppression system.
     
  2. The rip-rap along the channel will need to be lined with erosion control mat or similar material. Rip rap will only be required at the headwalls and curb cut. 
     
  3. Project is subject to water and sewer availability/capacity approval and any tap/capacity fees associated with the approval. 
     
  4. Additional Public Works Project Fees may be required.  These will be calculated at the time oe permit submittal and if required must be paid before the building permit will be issued. 
     
  5. Day Care Operations are also subject to State approval. 
  1. A site plan shall be vested for a period of three years from the date of the original approval.
     
  2. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on 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. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2.  If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3.  If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2303-003) 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. 
     
  6. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  7. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  8. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  9. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The city may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  10. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on April 3, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Mark Gorman for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
Other Business
             
Monthly Security Report - March 2023
  Moved by Vice Chair Stevan Pippin for approval, seconded by Commissioner Michael Kaplan
  Vote: 10 - 0 Approved
             
With no further business, the meeting adjourned at 7:21 pm.


APPROVED:  May 1, 2023

Holly Earls, City Recorder

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