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Brentwood City Commission Agenda
Meeting Date: 06/27/2022  
Second and Final Reading of Ordinance 2022-05, Proposing the Rezoning of 5.62 +/- Acres Located in the NE Quadrant of Maryland Way & Brentwood Blvd.
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Second and final reading for Ordinance 2022-05, which requests consideration of the proposed rezoning of ≈ 5.62 acres of land located in the northeast quadrant of the intersection of Maryland Way and Brentwood Boulevard.  The requested change is from the C-1 (Commercial -- Office) zoning district to the C-2 (Commercial -- Retail) zoning district.  
Ordinance 2022-05, requests the rezoning of ≈ 5.62 acres located in the NE quadrant of the intersection of Maryland Way and Brentwood Boulevard.  The requested change is from the C-1 zoning district to the C-2 zoning district.  The surrounding properties are zoned C-1, C-2, and SI-3. The subject property is immediately across Maryland Way from Maryland Way Park. The address is 2 Maryland Way. 

The subject property includes some of the oldest buildings constructed in Maryland Farms having been completed around 1974. Historically, the three buildings were referred to as "OB" (Office Building) 1, 2 and 3.  Now they are called EastPark 1, 2 and 3. All three buildings include three stories each. EastPark 1 and 2 are included as part of the rezoning request, while EastPark 3 is not.

The building areas are summarized in the following table.  
EastPark One -- (OB 1)  32,437
EastPark Two -- (OB 2) 87,917
EastPark Three -- (OB 3) 83,008

The rezoning plan proposes the demolition of EastPark One, which includes an area of ≈ 32,437 square feet. According to the owner, the building is vacant, has become functionally obsolete, and is no longer considered feasible or efficient to continue to maintain for office uses.  The EastPark Two building is under renovation and will remain.

In addition to the EastPark One demolition, the submitted plan proposes a mixed use project that will include the construction of a four-story, 120-room hotel and a 6,000 sq. ft. restaurant with an outdoor patio seating/dining area having an additional area of 1,000 sq. ft. The restaurant will be located at the corner of Maryland Way and Brentwood Boulevard. Tenants for the hotel and restaurant have not yet been selected. The parking lots will also be reconfigured as a result of the new uses.

City staff and staff from Neel-Schaffer met with the developers' representative to design the scope for a traffic impact study.  Additionally, a shared parking analysis has been provided. The TIS and the shared parking analysis have been forwarded to Mr. Greg Judy with Neel-Schaffer Inc., who assists staff in the review of the submitted TIS. The applicant will pay for the Neel-Schaffer review per the requirements of Section 50-29(b) of the Municipal Code.

Please note that the submitted site plan is not binding as with an OSRD Development Plan. The plan is meant to provide an idea of how the site may develop in the future. If the rezoning is approved, the property owner will present a plan that complies with all applicable technical requirements of the Zoning Ordinance to the Planning Commission for review. The plans would also address grading and stormwater issues associated with the redevelopment of the property.  As part of the submittal, the applicant will also provide a pedestrian access plan that includes a crosswalk across Brentwood Boulevard and sidewalks in accordance with the requirements of the Subdivision Regulations. There are no sidewalks on either frontage of the property.  


A Traffic Impact Study (TIS) was provided as part of the initial request for annexation of the property.  A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Schaffer Inc., who assists staff in the review of the submitted TIS. Mr. Judy is in the process of conducting his review, however, the complete review will not be available until after first reading of the ordinance. The applicant will pay for the Neel-Schaffer review per the requirements of Section 50-29(b) of the Municipal Code. 

The TIS recommends the following improvements be incorporated into the design of the project.
Brentwood Boulevard and Driveways A & B
  • Driveways A & B should continue to operate with a minimum of one entering lane and one exiting lane.
  • The westbound approach of Driveway A should continue to be stop-controlled. 
Maryland Way and Driveway C
  • Driveway C should continue to operate with a minimum of one entering lane and one exiting lane.
  • The southbound approach of Driveway C should continue to be stop-controlled.
 Travel Demand Management
  • Off-peak loading and deliveries for the restaurant development should be encouraged to minimize impacts to traffic operations.
 Additional Recommendations
  • As part of the construction of the project, all internal and external driveway connections should be designed such that the departure sight triangles, as specified by AASHTO, will be clear of all sight obstructions, including landscaping, existing vegetation, monument signs/walls, fences, etc.
Based on the analyses conducted, no further recommendations are presented for the proposed EastPark development.


The following comments were received as part of the Neel-Schaffer TIS review; 
  • The review noted that the traffic study did not assess justification for providing an exclusive westbound right-turn lane on Maryland Way at Brentwood Blvd. Observation of study analysis found that this turning movement experiences moderately high traffic volumes during peak periods with the proposed project contributing to the demand. Previous city studies have identified this modification as a long-term improvement. Neel-Schaffer recommended that the TIS provide assessment for the need and benefit of a right-turn lane on Maryland Way at Brentwood Blvd. 
  • Neel-Schaffer recommended that city officials continue the regular traffic signal optimization program. Area mobility may benefit from optimization of traffic signal timings upon build-out of the proposed project. 
  • The review found that the proposed project may present an opportunity to improve pedestrian accessibility between the proposed site and Cadillac Dr. Presently, sidewalks exist internally within the project site and along the north side of Cadillac Dr. However, an accessible pedestrian path is not currently available crossing Brentwood Blvd. N-S staff assess that providing pedestrian access across Brentwood Blvd. would enhance the multi-use nature of the proposed development and provide alternate modal choice for those working and conducting business in the area. City officials are currently pursuing a city-funded capital improvement project to upgrade the existing sidewalk along Cadillac Dr. between Westpark Dr. and Brentwood Blvd. Neel-Schaffer suggests that project planners coordinate with city officials regarding implementation of this improvement as part of the proposed project.
Additionally, a Shared Parking Study was provided as part of the submittal.  The purpose of the study is to determine the minimum number of parking spaces required to accommodate the proposed mixed use development at peak periods. Since the site includes a mix of land uses, the peak parking demand for each use will not occur at the same time. This information is provided for your information. If the rezoning is approved and at preliminary plan review the Planning Commission will also review the shared parking analysis.  
Section 78-454 of the zoning ordinance includes the following minimum parking requirements based on the proposed land uses.
OFFICE 168,180 SF  1 SPACE/300 SF  561
* Restaurant patio area is also calculated at 1 parking space/100 sf 
TOTAL  761

Note that the area as shown in the table above includes the existing third office building (OB3) as part of the study. The OB3 building is included as part of the shared parking study, but is not part of the area proposed for rezoning. The study determined April to be the peak month, while the hourly peak demand is expected to be 11:00 a.m. in April. According to the study, the projected parking demand for the mixed use development that includes a hotel may be reduced 41% on weekdays and 31% on weekends. 

As shown in the first table above a total of 761 parking spaces would be required if shared parking was not considered. The shared parking analysis would reduce the total spaces required from 761 to 600 (161 spaces), a reduction of approximately 21%. 


City consultants conducted an evaluation of the existing sewer to determine if the system would have adequate capacity to receive requested flows from the proposed development. 
Hotel 120 rooms  75 9,000
Existing Office Bldg. 88,000 8,800 8,800
Restaurant (6,000 sf w/1,000 patio) -- 200 seats (Est.) 7,000 8,000 8,000
TOTAL  25,800

Based on the evaluation models, the local impact of the proposed development on Brentwood’s receiving sewer is negligible based on predicted levels during both dry and wet weather conditions. However, resulting surcharge in the downstream trunk sewer is predicted that will need to be addressed separately from this project. It is assumed that the master plan recommendations will be implemented to address surcharging in the trunk sewer as appropriate.

The review of the plan will track along the following revised schedule.
May 9, 2022    Board of Commissioners -- First Reading of Ordinance 2022-05 Rezoning Property to C-2 
June 2, 2022  Required Community Meeting -- 6:00 pm -- ANNEX ROOM 
June 6, 2022  Planning Commission -- Review & Recommendation of Ordinance 2022-05
June 13, 2022  Board of Commissioners -- Public Hearing of Ordinance 2022-05
June 27, 2022    Board of Commissioners – Second and Final Reading of Ordinance 2022-05

The required community meeting was conducted by the applicant on June 2, 2022, beginning at 6:00 pm in the Annex Room. A total of seven residents and three City Commissioners attended the meeting. After a brief introduction of the project, questions from those in attendance were received.  The following concerns were expressed:
Sewer overflows from downstream neighbors,
Some residents felt that the site should provide more retail, instead of a hotel, and
Flooding concerns from Meadowlake residents.

On June 6, 2022, the Planning Commission conducted its review and recommendation of the proposed rezoning request, and voted eight for, one against, with one abstention (8-1-1) to forward a recommendation of approval of Ordinance 2022-05 to the Board of Commissioners.

Should you have any questions or require additional information, please contact the Interim Planning and Codes Director.  
Staff Recommendation
Staff has reviewed the proposed rezoning application and the associated plans 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 13, 2022, the Board of Commissioners conducted the required public hearing for Ordinance 2022-05. The following residents spoke as part of the public hearing.
Gerald Witcher -- 824 Turnbridge Drive -- Concord Crossing Subdivison
Steve Crider  -- 691 Old Orchard Drive -- McGavock Farms Subdivision
Christopher and Findley Rand -- 1843 Harpeth River Drive -- Wildwood Valley Estates
Mike McPherson -- 9329 Navaho Drive -- Liberty Downs Subdivision
Dan Jordan -- 6025 Wellesley Way -- Landmark of Brentwood Subdivision

On May 9, 2022, the Board of Commissioners voted four for and three against (4-3) to approve Ordinance 2022-05 on first reading.  

On April 8, 2022, the property owner deferred consideration of the request from the April 11, 2022, City Commission agenda to allow City staff and consultants to finalize sewer modeling numbers.  The request was tentatively placed on the May 9, 2022, regular agenda. 

Fiscal Impact
Ordinance 2022-05
Attachment B - Concept Plan
Owners Affidavit
Statement of Owners Interest
TIS Study Intersections -- EastPark
EastPark TIS
EastPark Shared Parking Study
Sewer Capacity Evaluation
EastPark Utility Capacity Memo -- Kimley-Horn
N-S TIS Review
Community Meeting Notice
Community Meeting Notes
PC Recommendation
Signed Ordinance

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