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  Regular Agenda  
1.
         
BRENTWOOD PLANNING COMMISSION
Meeting Date: 05/01/2023  
Current Zoning: AR - AGRICULTURAL RESIDENTIAL ESTATE

Information
Subject
BPC2302-003       Preliminary Plan - Madison Cove Subdivision FKA Bartlett Property, Zoning AR - Applicant: Mr. Jeff Dobson, Ragan Smith Associates, P.O. Box 60070, Nashville, TN 37206
General Information
Ragan Smith Associates requests approval of a preliminary plan showing 3 lots on approximately 24 acres.  The property is located at the end of the temporary dead end at the northern terminus of Green Hill Boulevard. 

At the September 22, 2022, Board of Commissioners Informational Briefing, the need for the Green Hill Boulevard connection to Old Smyrna Road as shown on the current Major Thoroughfare Plan (MTP) was discussed.  The Commissioners determined that the impact to the surrounding neighborhoods outweighed the benefits and directed staff to pursue an amendment to the MTP.  This updated MTP to include the elimination of the connection from Green Hill Boulevard to Old Smyrna Road was presented to the Planning Commission at their April 3, 2023, meeting.  The Planning Commission forwarded a recommendation of approval to the Board of Commissioners and the revised MTP was approved at their April 10, 2023, meeting. 

This preliminary plan proposes a cul-de-sac extension of Green Hill Boulevard to serve as frontage and access to all three lots.  The three lots range in size from 3 to 7 acres and a total of approximately 10.50 acres will be dedicated common open space.  A majority of the open space will be designated as a waterway natural area to buffer Holt Creek.  


 
Conditions of Approval
Staff recommends that the following 4 conditions be attached to the approval of the request.
  1. A HEC-RAS model or equivalent by a TN licensed professional engineer will be required prior to release of the grading plan. 
     
  2. Modify plan note 33 to read as follows: All access to the lots shall be provided via Green Hill Boulevard, except for limited access may be allowed for agricultural purposes only for Lot One.  This limited access shall be subject to an executed agreement as described in plan note 32.
     
  3. Provide TVA approval of the proposed layout and any encroachments within the TVA easement.  This must be provided before the grading permit will be issued.
     
  4. Water and sewer alignment and extension are show in general locations. All lots are to be served with gravity sewer. Final utility alignment and extensions will be approved by Water Services Department during construction drawing approval process. 
Standard Requirements
Staff recommends that the following 18 conditions be attached to the approval of the request.
  1. The subdivision will be required to meet stormwater requirements based on the September 15, 2021 subdivision regulation update. Contact Zane Pannell for a checklist to be submitted with the construction plans signed by the Engineer of Record.
     
  2. Construction shall follow all recommendations from the Geotechnical Report. 
     
  3. Sinkhole mitigation plan by a TN licensed professional engineer shall be submitted prior to release of the grading permit.
     
  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 May 1, 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 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.
     
  5. 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. 
     
  6. Show the location of any sinkholes on the subject property as identified by a qualified geo-technical Engineer shall be located and appropriately labeled on the preliminary plan.  The plan shall be configured to locate all sinkholes in permanent open space only and not within any buildable lots.   Sinkholes in the permanent open space shall be protected from natural and/or man-made debris.
     
  7. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  8. 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.  
     
  9. 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. 
     
  10. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  11. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  12. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on May 1, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
Staff Recommendation
Staff requests that the Planning Commission vote to approve the proposed preliminary plan subject to the requirements of the staff report.
Attachments
Vicinity Map
Boundary Survey
Proposed Preliminary Plan
Geotechnical Report
Flood Study
Water and Sewer Availability Approval

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