The attached resolution, if approved, requests that the Board of Commissioners schedule 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 (POS). The subject property is located on the south side of Split Log Road, east of the Cromwell Subdivision, adjacent to the current city limits and within the City's Urban Growth Boundary (UGB).
The resolution calls for a public hearing regarding the proposed POS before the Board of Commissioners as part of its regular meeting of August 9, 2021. A copy of the resolution, the property description, and the proposed draft Plan of Services will be forwarded to Williamson County Schools at least 30 days before the public hearing, per the requirements of state law, if the Board votes to schedule the Public Hearing.
The properties for which annexation is requested are located at 9725 & 9775 Split Log Road. There is one property that currently does not have addresses that is also part of the subject property. According to the Williamson County Property Assessor, the tracts includes a total of approximately 52 +/- acres of land. There is one house on the 9775 Split Log Road property that includes a building area of 4,135 sq. ft. and an attached garage having an area of 603 sq. ft.
The subject properties are currently under three separate ownerships.
The property is currently zoned Municipal Growth Area 1 (MGA-1) by Williamson County. If the annexation resolution is eventually approved, the property owner will request that the OSRD-IP (Open Space Residential Development-Innovative Project) zoning district be assigned to the property. A concept plan is attached. The submitted concept plan does not meet the technical standards of the OSRD-IP district and shows 28 detached single-family lots and 24 attached townhome units. As part of the ordinance assigning the zoning, the applicant will be required to provide an OSRD-IP Development Plan, that meets all the technical standards of the district. An OSRD-IP Development Plan is binding, meaning that the approved plan shall serve as the basis for design and development of the property. Also, as part of the assignment of zoning, the applicant will provide a concept plan that shows how the property might be developed under the current zoning standards.
Sewer service for the property requested to be annexed would be provided by the City. There is an existing eight-inch diameter sewer line running along the easterly boundary of the Jordan Elementary School site. The connection to the existing line would be made in the northeast corner of the WCS property and extend along the tributary to Owl Creek diagonally through the property owned by Fred Jeffries (9724 Split Log Road), which includes an area of 60 +/- acres, under Split Log Road and onto the subject property. All costs associated with the extension of sewer service, including engineering, acquisition of easements, construction, etc. are the responsibility of the requestor. Water service is provided by the Nolensville College Grove Utility District.
Policy 7.C.1 of the City's 2030 Plan states that "The City will not annex property and extend municipal services beyond the existing limits solely to promote new development that would not otherwise occur without the provision of municipal services". Staff believes it is doubtful that development of this property would occur if it remains in the unincorporated county without public sewer. If development did occur via septic or an alternative sewer system on minimum one acre size lots, it would certainly be much less intense than what will be proposed if annexed. Also, the extension of public sewer across the Jeffries property as proposed would certainly increase development pressure for that property and eventually allow for easier sewer access for multiple surrounding properties. Note that recently approved annexation requests in the Sunset and Split Log Road areas were different from this request. In those cases, sewer service is to be provided by Metro Nashville regardless of whether the properties were annexed into the City (Gaw and Taube properties) or city sewer service was already provided directly to the proposed property via an adjacent subdivision already in the City (McAdams property).
Consideration of the zoning on the property occurs separately and is proposed to occur prior to final consideration of the annexation resolution per the schedule outlined below.
The tract can be developed under the existing zoning classification in the County. The district was established in 2013 and assigned to all properties outside municipal boundaries and within the various UGBs around the County. The district standards require 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:
- Accessory dwelling units within an existing dwelling unit (interior apartment) or as a separate structure -- converted garage, carriage house or stable;
- Only one accessory dwelling unit, regardless of the number of principle dwellings located on a single parcel are permitted;
- 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
- 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.
Please note that 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.
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. A summary of the process follows:
- A notarized petition for annexation is submitted by the property owners.
- The Board of Commissioners then must pass a resolution calling for a public hearing on the proposed plan of services for the annexation in accordance with T.C.A. § 6-51-104.
- The proposed plan of services and proposed resolution for annexation shall then be “promptly” sent to each landowner within the area proposed for annexation.
- The proposed plan of services is sent to the Planning Commission for review. The Planning Commission has 90 days to study the proposed plan of services and issue a report.
- The Board of Commissioners holds a public hearing on the proposed annexation and associated plan of services, preceded by publication of a notice in a local newspaper of general circulation.
- Written notice of the proposed annexation must be sent to all affected school systems as soon as possible, but no later than 30 days prior to the public hearing on the Plan if Services, referenced above.
- Following the public hearing, the Board of Commissioners must approve a resolution of annexation that includes the finalized plan of services.
- Upon adoption of the annexation resolution that includes the finalized plan of services, a copy of the resolution is to be sent to the County Mayor.
- The resolution, with a description of the annexed property, will be recorded with the county property assessor.
Under Tennessee law, a written POS for the annexed area is required, detailing the provision of services to residents and property owners in the newly incorporated area. These services include emergency services (Police, Fire and Emergency Communications), street maintenance, water and sewer services, brush pick-up, planning, zoning and codes services, parks and recreation and library services.
If the resolution to schedule the public hearing is approved, the request will proceed in accordance with the following tentative hearing schedule:
| PROPOSED HEARING SCHEDULE |
| June 28, 2021 |
Board of Commissioner review of Resolution 2021-72 -- scheduling a public hearing for the proposed POS. |
| July 6, 2021 |
Planning Commission review & recommendation on Resolution 2021-72 -- POS |
| August 9, 2021 |
Board of Commissioners -- Public Hearing on the Proposed Plan of Services |
| |
| September 13, 2021 |
Board of Commissioners -- First Reading of the Ordinance Assigning OSRD-IP zoning |
| September 30, 2021 |
Required Community Meeting |
| October 4, 2021 |
Planning Commission -- Review & Recommendation of the Ordinance Assigning OSRD-IP zoning |
| October 11, 2021 |
Board of Commissioners -- Public Hearing on the Ordinance Assigning OSRD-IP to the Property |
| October 25, 2021 |
Board of Commissioners -- Second and Final Reading of the Ordinance Assigning OSRD-IP zoning |
| |
| October 25, 2021 |
Board of Commissioners – Review of Resolution 2021-__, Annexing the Property into the City of Brentwood |
If the Commission wishes to alter this schedule, it should specify that as part of the motion to adopt Resolution 2021-72.
Should you have any questions, please feel free to contact the Planning and Codes Director. |