The attached resolution 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 owners. The resolution also directs staff to prepare the required Plan of Services (POS) which details the provision of municipal services to the newly annexed areas. The subject properties lie within the City's Urban Growth Boundary (UGB) and are located on the north and south sides of Sam Donald Road, abutting the area proposed as part of the Rosebrooke East annexation, which is currently under consideration by the Board of Commissioners.
The properties proposed for annexation abut the area annexed pursuant to Resolution 2022-33 (Rosebrooke East). Resolution 2022-33 was approved by the Board of Commissioners on May 23, 2022. More specifically, the properties for which annexation is requested are detailed in the table below.
| PROPERTY DESCRIPTION -- SCALES ET AL. PROPERTY |
| OWNER |
ADDRESS |
PARCEL # |
AREA (AC) |
| Clark & Tamara Presley |
9814 Sam Donald Rd. |
056 09402 |
12.25 |
| James & Sherri Newsom |
9813 Sam Donald Rd. |
056 09404 |
15.07 |
| Beth Bradley |
9817 Sam Donald Rd. |
056 09405 |
15.12 |
| Beth Bradley O'Connell |
9821 Sam Donald Rd. |
056 09407 |
15.13 |
| Randall & Delores Hunnicutt (Part) |
Clovercroft Rd. |
059 00202 |
23.08 |
| Larry & Eric Scales & Phyllis Sanford (Part) |
Sam Donald Rd. |
059 00204 |
103.38 |
| |
| TOTAL |
184.03 +/- |
According to the Property Assessor there is one home and several out buildings located on Parcel Numbers 056 09402 (Presley) and 056 09404 (Newsom). There is one mobile home and a shed located on Parcel Number 056 09405 (Bradley). Parcel Numbers 056 09407 (O'Connell), 059 00204 (Scales/Sanford), and the affected portion of Parcel Number 056 00202 (Hunnicut) are vacant.
The affected parcels abut the UGB and the Nolensville Town limits. The Hunnicutt tract, which is included in the area proposed for annexation, abuts Phases One and Two of the Scales Farmstead Subdivision in Nolensville. No portion of the area proposed for annexation extends into Nolensville or outside the Brentwood UGB.
A portion of the Scales property including ≈ 14.30 acres and a portion of the Hunnicutt property including ≈ 6.90 acres, (totaling ≈ 21.20 acres) extend beyond the UGB and lie within the County's rural area between the Brentwood UGB and Nolensville. The remnant tracts are zoned in the County as Rural Development - 5 (RD-5), which requires a five-acre lot density. The proposed plan does not include these areas (≈ 21.20 acres), but the developer does plan to request annexation when/if the UGB is modified or via referendum.
The area proposed for annexation also includes four other parcels that are not controlled or owned by the developer totaling 57.57 acres. Staff requests that the entire area proposed for annexation be assigned the Suburban Residential (R-2) zoning district. The area would also include that portion of Sam Donald Road from the northwesterly corner of Parcel 056 09404 to the northeasterly corner of parcel 056 06405, that fronts these properties. See the survey attached below. Utility service for the properties is provided by the Nolensville/College Grove Utility District (water) and Metro Water Services (sewer). The project will not impact the City's water/sewer infrastructure.
The proposed sketch plan includes a total of 76 lots situated on the Scales and Hunnicutt properties only. The area that lies outside the Brentwood UGB would be used for access to the future subdivision (subject to the approval of Williamson County) until such time that the UGB changes and revised development plan incorporating these areas is approved.
The subject properties are currently zoned Municipal Growth Area 1 (MGA-1) by Williamson County. The tracts can be developed under the existing zoning classification in the County. The district standards require a minimum lot area of one acre and a gross density of one dwelling unit per acre. However, there are differences in the technical standards related to accessory uses and structure standards. MGA-1 allows the following:
- 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 principal 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.
During its 2014 regular session, the Tennessee General Assembly 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 with the consent of the property owners. Annexation by resolution involves the written request by the property owner to bring a specific property into the City. A summary of the process follows:
- The Board of Commissioners must pass a resolution calling for a public hearing on the proposed 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.
- Written notice of the public hearing and the proposed plan of services and resolution for annexation shall also be forwarded to Williamson County Schools for their review as soon as possible, but no later than 30 days prior to the public hearing.
- After scheduling the proposed POS 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 conducts the public hearing on the proposed annexation and associated POS, preceded by publication of a notice in a local newspaper of general circulation.
- Following the public hearing, the Board of Commissioners must approve a resolution of annexation that includes the finalized plan of services.
- The process to assign a zoning district to the subject properties begins.
- 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 plan of services (POS) for the annexed area is required, detailing the provision of services to future 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.
If the resolution to schedule the public hearing is approved, the request will proceed in accordance with the following schedule:
| PROPOSED HEARING SCHEDULE |
| March 28, 2022 |
Consideration by the Board of Commissioners to Schedule a Public Hearing on the POS & annexation of the properties |
| June 6, 2022 |
Planning Commission Review and Recommendation to the Board of Commissioners of the Proposed POS & Annexation |
| June 13, 2022 |
Board of Commissioners -- Public Hearing on the POS |
| |
| June 13, 2022 |
Board of Commissioners -- First Reading of the Ordinance 2022-06 Assigning R-2 to the Properties |
| June 30, 2022 |
Required Community Meeting -- Annex Room -- 6:00 p.m. |
| July 5, 2022 |
Planning Commission -- Review & Recommendation of the Ordinance 2022-06 Assigning R-2 to the Properties |
| July 11, 2022 |
Board of Commissioners -- Public Hearing on the Ordinance 2022-06 Assigning R-2 to the Properties |
| July 25, 2022 |
Board of Commissioners – Second and Final Reading of the Ordinance 2022-06 Assigning R-2 to the Properties |
| |
| July 25, 2022 |
Board of Commissioners – Review of Resolution 2022-43 Annexing the Properties into the City of Brentwood |
At its regular meeting of June 6, 2022, the Planning Commisison conducted its review of the proposed Plan of Services and annexation of the territory and voted ten for and zero against (10-0) to forward their endorsement of the proposed Plan of Services and annexation to the Board of Commisioners.
Consideration of the assignment of zoning on the property occurs separately and only after annexation of the property, via resolution, is approved.
Should there be any questions, please contact the Planning and Codes Director or the City Attorney. |