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  Public Hearing  
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Brentwood City Commission Agenda
Meeting Date: 03/22/2021  
Public Hearing on Proposed Annexation and Plan of Services for Property Located South of Nottaway Lane, more specifically 715 Vernon Road
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Public hearing on the proposed Plan of Services and annexation for the McAdams Property, located at 715 Vernon Road.  The property proposed for annexation includes a total of 25.26 +/- acres and is located south of Nottaway Lane in the Taramore Subdivision.  
Background
City staff has received a signed petition for the annexation of 25.26 +/- acres of land located south of Nottaway Lane in the Taramore Subdivision.  The property is located at 715 Vernon Road. According to the Williamson County Property Assessor, there is one barn, having an approximate area of 1,728 sq. ft. currently located on the property. The property does include a portion of the proposed right-of-way alignment for the future McEwen Drive extension.

The property proposed for annexation abuts the current City limits and is located within the City's Urban Growth Boundary (UGB). Urban Growth Boundaries were created by the Tennessee General Assembly in 1998 as part of Public Chapter 1101.  The UGB's were created with the intention to help contain urban sprawl. They are areas where managed development is encouraged and Cities could grow and reasonably extend public infrastructure to serve future expansion. 

The property owner, Mr. Richard McAdams, owns a single tract of land. If the property is successfully annexed the R-1 (Large Lot Residential) zoning district will be assigned to the property, as requested by the owner.  The submitted concept plan, which is not binding (like OSRD) shows five lots, all in excess of two-acres in area.  

Under Tennessee law, a written Plan of Services for an area proposed to be annexed is required. The Plan of Services details the provision of and the timeline for delivery of municipal services to residents and property owners in the newly incorporated area.  The Plan of Services includes specifics relating to the following: 
  1. Emergency services (Police, Fire and Emergency Communications);
  2. Public Works -- street maintenance & improvements;
  3. Water and Sewer services, (if provided to the area by the annexing municipality);
  4. Planning, Zoning and Codes Enforcement services;
  5. Parks and recreation services.
  6. Library services, and 
  7. Brush pick-up.
The tract is currently zoned Municipal Growth Area District 1 (MGA-1) by Williamson County and can be developed under the existing zoning classification. The MGA-1 district was established in 2013 and assigned to all properties within the various UGBs around the County. The district standards require that development of residential properties zoned MGA-1 provide a minimum lot area of one-acre and a gross density of one dwelling unit per acre. Similar to the City's Suburban Residential (R-2) district.  However, there are differences in the technical standards related to accessory uses and structure standards. MGA-1 allows the following accessory uses/structure standards:
  1. Accessory dwelling units within an existing dwelling unit (interior apartment) or as a separate or converted structure (converted garage, carriage house or stable);
  2. Only one accessory dwelling unit, regardless of the number of principle dwellings located on a single parcel are permitted;
  3. Accessory dwellings shall be limited to 750 sq. ft. or 25% of the square footage of the principal structure, whichever is greater. In no case shall the accessory dwelling be more that 75% of the square footage of the principle dwelling; and 
  4. Interior apartments may be contained within the existing house or attached onto the exterior. They must be constructed so that the exterior appearance of the home is maintained. A second front door is not permitted.
The County does not regulate the existence or operation of Short Term Rentals (STRs) in the MGA-1 district.  Requirements are that each operator must register with the County and collect the applicable Hotel/Motel taxes, which are charged to the occupant and collected by the property owner. 

Water and sewer service for the property requested to be annexed is provided by the City of Brentwood via existing infrastructure that currently stubs to the property from within the Taramore subdivision. The water service area was transferred to the City from the Nolensville College Grove Utility District in 2006. 

During its 2014 regular session, the Tennessee State Legislature adopted new rules regarding municipal annexations.  Two methods exist for annexation within a city’s UGB: 1) annexation by resolution with the consent of the property owners and 2) annexation by referendum.   This proposed annexation meets the criteria for annexation by resolution because the land is being annexed at the request of the property owner. 

Consideration of the zoning for the property occurs separately, and is proposed to occur before final consideration of the annexation resolution per the schedule outlined below. 
 
PROPOSED HEARING SCHEDULE -- MCADAMS PROPERTY 
March 1, 2021 Planning Commission Review and Endorsement of the Proposed POS & Annexation 
March 22, 2021   Board of Commissioners -- Public Hearing on the Proposed Plan of Services
  
April 12, 2021 Board of Commissioners -- First Reading of the Ordinance Assigning R-1 to the Property
April 29, 2021 Required Community Meeting
May 3, 2021 Planning Commission -- Review & Recommendation of the Ordinance Assigning R-1 to the Property
May 10, 2021 Board of Commissioners -- Public Hearing on the Ordinance Assigning R-1 to the Property
May 24, 2021 Board of Commissioners -- Second and Final Reading of the Ordinance Assigning R-1 to the Property
 
May 24, 2021 Board of Commissioners – Review of Resolution Annexing the McAdams Property into the City of Brentwood
 
At its March 1, 2021 regular meeting, the Planning Commission reviewed the proposed Plan of Services and the annexation of the McAdams Property, located at 715 Vernon Road. The vote was unanimous, ten for and zero against (10-0), to forward their endorsement of the Plan of Services and the annexation to the Board of Commissioners.
Staff Recommendation
Not Applicable. 
Previous Commission Action
On January 25, 2021 the Board of Commissioners approved Resolution 2021-10, which requested the scheduling of a future public hearing to consider the proposed annexation of property into the City, as requested by the representative of the current property owner, along with directing staff to prepare the required Plan of Services.  The subject property is adjacent to the current city limits within the City's Urban Growth Boundary (UGB) and is located south of Nottaway Lane in the Taramore Subdivision.  The public hearing was scheduled for the March 22, 2021 meeting.  
 

Fiscal Impact
Attachments
Resolution 2021-10 w/ Legal & POS - Signed
Vicinity Map
R-1 Concept Plan
McEwen Drive Alignment
Petition for Annexation
PC Review Memo -- McAdams

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