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  Regular Agenda  
1.
         
BRENTWOOD PLANNING COMMISSION
Meeting Date: 06/05/2023  
Current Zoning: AR-IP - AGRICULTURAL RESIDENTIAL ESTATE - INNOVATIVE PROJECT

Information
Subject
BPC2304-005       Preliminary Plan - Cielo Subdivision, 9227 Old Smyrna Road, Zoning AR-IP - Applicant: Mr. Tylor Fischer, RaganSmith Associates, P.O. Box 60070, Nashville, TN 37206
General Information
Ragan Smith Associates requests approval of a preliminary plan showing 10 lots on approximately 40 acres.  On November 28, 2022, the City Commission approved the rezoning of this property from AR (Agricultural Residential) to AR-IP (Innovative Project).  The subdivision will be gated and a 50' right-of-way dedication will be provided along Old Smyrna Road.  Four of the ten lots are designated as HP (Hillside Protection) lots and will require Planning Commission review and approval of the individual site plans and building elevations before the building permits for these lots will be issued.  The previously discussed observation deck at the front of Lot 7 has been eliminated by the developer.  The joint access easement at the south end of the development is proposed to be relocated to move it further from the southern property line.  
 
Conditions of Approval
Staff recommends that the following 6 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. Please 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. A Tennessee Licensed Geotechnical Engineer shall be on site throughout the duration of construction. 
     
  3. All off-site utility easements shall be on a form approved by the City Attorney and obtained prior to the issuance of any permits.  
     
  4. The 2:1 slope at the end of the cul-de-sac will need to be approved by a TN Licensed Geotechnical Engineer prior to plat approval. 
     
  5. Water and sewer alignment and extensions are show in general locations. Final utility alignment and extensions including pump station design will be approved by Water Services Department during construction drawing approval process. 
     
  6. All trees impeding sight distance at Old Smyrna Road will need to be removed prior to construction of the new subdivision entrance. 
Standard Requirements
Staff recommends that the following 16 conditions be attached to the approval of the request.
  1. A preliminary 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 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 June 5, 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. 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. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin. 
     
  5. 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.
     
  6. 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.
     
  7. 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. 
     
  8. 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.
     
  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 June 5, 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
Proposed Preliminary Plan
Proposed Landscape Plan
Geotechnical Report
Water and Sewer Availability Approval
Traffic Access Review
Turning Movement Analysis
Approved Rezoning Plan 11.28.2022

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