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Brentwood City Commission Agenda
Meeting Date: 06/12/2023  
Resolution 2023-40 - Calling for a Public Hearing on Proposed Annexation and Plan of Services for property at 9809 Sam Donald Road
Submitted by: Bob Leeman, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2023-40 - A resolution calling for a public hearing on the proposed annexation of territory (28.47 +/- acres) into the City of Brentwood by owner consent and the Plan of Services for said territory on the south side of Sam Donald Road (located at 9809 Sam Donald Road), to include the adjoining portion of Sam Donald Road, and lying within the Urban Growth Boundary adjacent to the city limits.    
Background
Resolution 2023-40 requests that the Board of Commissioners schedule a future public hearing to consider the proposed annexation into the City for property at 9809 Sam Donald Road (28.47 +/- acres), including the adjoining portion of Sam Donald Road, as requested by the representative of the current owner.

The resolution also directs staff to prepare the required Plan of Services (POS) which details the provision of municipal services to the newly annexed area. The subject property is within the City's Urban Growth Boundary (UGB) and is located on the south side of Sam Donald Road, approximately 500 feet east of Split Log Road. The abutting area to the east was recently annexed by the City in 2022.  This resolution calls for the scheduling of a public hearing regarding the proposed Plan of Services (POS) before the Board of Commissioners as part of its regular agenda on July 24, 2023.  There is currently one home on the property today.

The property for which annexation is requested is detailed in the table below. 
 
PROPERTY DESCRIPTION -- Errico Annexation**
OWNER ADDRESS PARCEL # AREA (AC)
Christopher J. Errico and Susan Fabisch Errico 9809 Sam Donald Road Map 055 Parcel 01300 28.47
       
**Including the adjoining portion of Sam Donald Road
TOTAL    28.47 +/-   
 

In a subsequent zoning process, staff will request that the area proposed for annexation be assigned the Suburban Residential (R-2) zoning district.  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 non-binding R-2 plan for the property shows 19 total lots with an overall density of 0.67 units per acre.  This plan is consistent with the requirements of the Brentwood Municipal Zoning Ordinance. Note that the proposed internal roadway right-of-way will need to be adjusted to Collector Street standards since Sam Donald Road is an Arterial Street on the Major Thoroughfare Plan. Streets that feed into Arterials need to be designed to Collector Street standards.  The plan shows two proposed stub-streets -- one to the east and one to the west -- which will allow for appropriate future connectivity.  The property is currently zoned Municipal Growth Area 1 (MGA-1) by Williamson County. The tract 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:

  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 principal 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 principal 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.

Staff notes that there is an existing access easement that runs along the western side of the property that serves two existing properties to the south.  Staff has discussed this with the applicant and indicated the need for that easement to be placed in common open space in any future subdivision and for a new easement to be created that will serve the easternmost lot to the south.  The applicant has agreed.  The new easement (in common open space) will allow the lot on the east to access the new cul-de-sac.  The other lot to the west will continue to use the existing easement on a more limited basis, as it will also tie into the cul-de-sac.  The non-binding plan provides a right-of-way dedication along Sam Donald Road for the future realignment of that road when the intersection of Split Log Road and Sam Donald Road is completed in the future.  The applicant has obtained an updated Sewer Availability Letter from Metro Water and Sewer and an availability letter from Nolensville/College Grove for water.


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 owner. 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:
  1. 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. 
  2. The proposed plan of services and proposed resolution for annexation shall then be “promptly” sent to each landowner within the area proposed for annexation.  
  3. 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.
  4. After scheduling the hearing 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. 
  5. 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.
  6. Following the public hearing, the Board of Commissioners must approve a resolution of annexation that includes the finalized plan of services.
  7. The process to assign a zoning district to the subject properties begins.
  8. 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.
  9. 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 Schedule
Monday, June 12, 2023 Consideration by the Board of Commissioners to Schedule a Public Hearing on the Plan of Services (POS) and annexation of the property
Wednesday, July 5, 2023  Planning Commission Review and Recommendation of the Proposed POS and annexation
Monday, July 24, 2023 Board of Commissioners -- Public Hearing on the POS
Monday, August 14, 2023 Board of Commissioners -- First Reading of the Ordinance Assigning R-2 zoning to the property
Thursday, August 31, 2023 Required Community Meeting - Annex Room - TENTATIVE
Tuesday, September 5, 2023 Planning Commission Review and Recommendation of the Ordinance to Assigning R-2 zoning to the property
Monday, September 11, 2023 Board of Commissioners Public Hearing on the Ordinance assigning R-2 to the property
Monday, September 25, 2023 Board of Commissioners Review of Final Resolution Annexing the property into the City of Brentwood
Monday, September 25, 2023 Board of Commissioners Second and Final Reading of the Ordinance Assigning R-2 to the property

If the Commission wishes to alter the schedule above, it should specify that as part of the motion to adopt Resolution 2023-40.  Should there be any questions, please contact the Planning and Codes Director.
Staff Recommendation
Staff has reviewed the annexation petition and has determined that it meets the applicable requirements of state law regarding annexation for consideration by the Board of Commissioners.  Staff recommends approval of the resolution calling for the public hearing to begin the process of consideration for the requested annexation.
Previous Commission Action
There has been no previous action by the Board of Commissioners related to the subject property. 

Fiscal Impact
Attachments
Resolution 2023-40 Public Hearing for 9809 Sam Donald Rd Annexation and POS
Plan of Services Document
9809 Sam Donald Road Property Legal Description
Turnberry Annexation Cover Letter
Owner Petition
Annexation Boundary Exhibit
Non-Binding R-2 Dev Plan
Zoning Location Map
Metro Sewer Availability Letter
Signed Resolution

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