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Brentwood City Commission Agenda
Meeting Date: 06/28/2021  
Resolution 2021-56 -- A Resolution to Annex Territory into the City of Brentwood, located at 9837 & 9849 Split Log Road
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
The attached resolution requests annexation of territory into the City of Brentwood, located at 9837 and 9849 Split Log Road, including the proposed plan of services.  More specifically, the subject property is located south of Sunset Road and east of Split Log Road. The area of the property is approximately 60.00 +/- acres of land.
Background
At its regular meeting of March 8, 2021, the Board of Commissioners voted to approve Resolution 2021-30, which called for the scheduling of a public hearing on the proposed Plan of Services (POS) for the property located at 9837 and 9849 Split Log Road. The property is located within the City's Urban Growth Boundary (UGB) and abuts the current City limits.  The resolution is a result of a request for a voluntary annexation of the property by owner consent into the City. The public hearing for the plan of services before the Board of Commissioners took place on April 26, 2021.

Second and final reading of Ordinance 2021-09 will also be considered by the Board of Commissioners as part of its June 28, 2021, regular agenda. The ordinance proposes to establish the R-2 -- Suburban Residential zoning classification to the territory to be annexed. 

The property proposed for annexation is situated along the eastern boundary of the Brentwood UGB and abuts the municipal limits of the Town of Nolensville, further to the east.  The submitted R-2 Concept Plan shows a total of 24 lots.  All lots will meet the technical standards of the R-2 zoning district. The property owner, Ms. Paula Taube, owns a total of three tracts of land that will be included as part of a unified development plan. The project will cross the Brentwood/Nolensville municipal boundaries. As noted above, the area to be annexed in Brentwood includes 60 +/- acres, while the tract located in Nolensville includes 35 +/- acres. 

The proposed concept plan provides a right-of-way reservation for the proposed future realignment of a portion of Split Log Road.  The plan also shows a street connection, located in the NW corner of the property back to the existing Split Log Road in the area where a future cul-de-sac is proposed once the Split Log Road realignment is completed.   The concept plan shows the internal street network running through the Brentwood tracts into Nolensville and eventually connecting to two stub streets within the Benington Subdivision. 

The tract can be developed under the existing zoning classification in the County. The MGA-1 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:
  1. Accessory dwelling units within an existing dwelling unit (interior apartment) or as a separate 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.
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. 

Sewer service to the property is provided by Metro Water Services, while water service is provided by the Nolensville College Grove Utility District. Annexation of the property will not impact the Brentwood water/sewer infrastructure. 

During its 2014 regular session, the Tennessee General Assembly adopted revised 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 with the consent of the property owner. Annexation by resolution involves the petitioning by the property owner to bring a specific property into the City.
Under Tennessee law, a written plan of services (POS) for the annexed area is required, detailing the provision of services to residents and property owners in the newly incorporated areas. 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.

On April 6, 2021, the Planning Commission voted unanimously ten for and zero against to endorse the proposed POS and annexation and to recommend that the Board of Commissioners approve the proposed annexation and the related POS.  

On June 7, 2021, the Planning Commission voted unanimously eight for and zero against (8-0) to recommend approval of Ordinance 2021-12 to the Board of Commissioners, establishing the R-2 zoning classification for the property. 

Should you have any questions or need additional information, please contact the Planning and Codes Director.
Staff Recommendation
Staff has reviewed the proposed resolution and the associated documentation and has found that they comply with the applicable provisions of the zoning ordinance for consideration by the Board of Commissioners.  
Previous Commission Action
On June 14, 2021, the Board of Commissioners conducted the required public hearing for Ordinance 2021-12.  

On May 10, 2021, the Board of Commissioners voted unanimously, seven for and zero against (7-0) to approve Ordinance 2021-12 on first reading.  

On April 26, 2021, the Board of Commissioners conducted the required public hearing for Resolution 2021-30 regarding the draft plan of services for the property. 

On March 8, 2021, the Board of Commissioners voted unanimously, seven for and zero against (7-0) to approve the scheduling of a public hearing for Resolution 2021-30. The public hearing will be scheduled for April 26, 2021.

Fiscal Impact
Attachments
Resolution 2021-56 -- Legal & POS
Revised R-2 Concept Plan
Originally Submitted Master Plan
Resolution 2021-30 -- Signed
Signed Resolution
Recorded Resolution

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