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MINUTES OF MEETING OF BRENTWOOD PLANNING COMMISSION
 
BRENTWOOD, TENNESSEE
 
The Brentwood Planning Commission met on Monday, June 5, 2023 at 7:00 pm at Brentwood City Hall.
 
Present:
Chair Janet Donahue; Vice Chair Stevan Pippin; Commissioner Preston Bain; Commissioner John Church; Commissioner Chris Clark; Commissioner Ryan Crowley; Commissioner Michael Kaplan; Commissioner Brandon Oliver; Commissioner John Vitucci
Absent:
Commissioner Ken Travis
Staff Present:
Planning & Codes Director Bob Leeman; City Manager Kirk Bednar; Assistant City Manager Jay Evans; City Planner Todd Petrowski; City Planner Allison Roberts; City Attorney Kristen Corn
             
Appointment of a Planning Commissioner to the Historic Commission
  Moved by Commissioner Michael Kaplan to appoint Preston Bain to the Historic Commission, seconded by Commissioner Ryan Crowley
  Vote: 9 - 0 Approved
             

Approval or Correction of Minutes
             
May 1, 2023
  Moved by Commissioner Michael Kaplan for approval of the minutes as written, seconded by Vice Chair Stevan Pippin
  Vote: 8 - 0 Approved
 
Other: Commissioner John Church (Abstain)
             
Consent Agenda
             
BPC2304-001 Minor Site Plan Alteration, Building Elevations - Discount Tires, Crossroads South Business Park, Lot 6, 7135 Bakers Bridge Avenue - Applicant: Mr. Isaac Nagel, State Permits, Inc., 319 Elaines Court, Dodgeville, WI 53533

Discount Tires requested approval to paint the exterior of their building.  The parapet cornice and exterior brick will be painted white.  All doors and bollards will be painted gray with the EIFS band around the top of the building painted black.  No new storefront glazing or exterior materials were proposed.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, all or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  2. A site plan shall be vested for a period of three years from the date of the original approval.
     
  3. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view per the requirements of Section 78-206 (l) of the zoning ordinance.
     
  6. Unenclosed guarded service equipment on the exterior of building in commercial and service institution districts shall be limited to mandatory disconnects and metering equipment.  All other service equipment shall be placed in an enclosed area of a structure.
     
  7. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2304-001) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  8. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  9. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  10. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  11. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2304-004 Final Plat - Reserve at Raintree Subdivision, Section 5 & 6, Zoning OSRD - Applicant: Ms. Amanda Reed, Ragan Smith Associates, PO Box 60070, Nashville, TN 37206

Ragan Smith Associates requested approval of a final plat that showed 43 lots on approximately 46 acres.  This request was consistent with the approved preliminary plan for the Reserve at Raintree Forest Development.  

Staff recommended approval of the proposed final plat subject to the following conditions:
  1. Prior to signing of the plat, water and sewer as-builts (pdf & digital), cctv inspection of gravity sewer mains (if applicable), and construction cost summary are to be provided to the Water Services Department. 
     
  2. The temporary CBU must be installed before a certificate of occupancy will be issued for any lot. 
  1. Approval of a final plat by the Planning Commission shall become effective upon the date of the last signature required on the plat for recording. The initial vesting period shall be for a period of five years after approval.
     
  2. Add the following note to all pages of the final plat:
This final plat is subject to a vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  Upon expiration of the vesting period, development of the property shown on this plat may be subject to standards other than those that were applicable during the vesting period.  The vesting period for this plat expires on________________, unless extended by the City of Brentwood.  Persons relying on this plat after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
 
(Planning and Codes Department staff will insert the expiration year for the plat at the time the plat is ready for recording and may also make changes to the wording of the above note as necessary to carry out the intent of Standard Requirements 1, 2 and 3 below.)
  1. Provide the Planning staff with a digital copy of the proposed subdivision.  This request is consistent with Article 2.3 of the Brentwood Subdivision Regulations.  The file should be in AutoCAD .DWG or .DXF compatible format.  The file shall use the Tennessee State Plane coordinate system, FIPS Zone 4100, NAD 83 datum.  The digital copies must be received before the plat may be recorded.
     
  2. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  3. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  4. Deviations from the approved plat in the development of the project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  5. Approval of the proposed plat shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-002 Revised Final Plat - Hallbrook Subdivision, Section 1, Lot 35, 8201 Halford Place, Zoning R-2 - Applicant: Mr. David Brackman, Brackman Land Surveying, 1701 Gale Lane, Nashville, TN 37212

Brackman Land Surveying requested approval of a revised final plat that adjusted the front and side setbacks.  Both setbacks area were being revised to meet current R-2 zoning requirements.  The front setback was being revised from 40 feet to 75 feet, and the side was being revised from 75 feet to 30 feet.  The original plat was approved by unincorporated Williamson County and recorded in 1968.  

Staff recommended approval of the proposed revised final plat subject to the following conditions:
  1. Rotate the address block to be parallel with Halford Place. 
     
  2. Show location of grinder pump on the lot. The Lot shall also be labeled with a "GP". 
  1. Approval of a final plat by the Planning Commission shall become effective upon the date of the last signature required on the plat for recording. The initial vesting period shall be for a period of five years after approval.
     
  2. Add the following note to all pages of the final plat:
This final plat is subject to a vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  Upon expiration of the vesting period, development of the property shown on this plat may be subject to standards other than those that were applicable during the vesting period.  The vesting period for this plat expires on________________, unless extended by the City of Brentwood.  Persons relying on this plat after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
 
(Planning and Codes Department staff will insert the expiration year for the plat at the time the plat is ready for recording and may also make changes to the wording of the above note as necessary to carry out the intent of Standard Requirements 1, 2 and 3 below.)
  1. Provide the Planning staff with a digital copy of the proposed subdivision.  This request is consistent with Article 2.3 of the Brentwood Subdivision Regulations.  The file should be in AutoCAD .DWG or .DXF compatible format.  The file shall use the Tennessee State Plane coordinate system, FIPS Zone 4100, NAD 83 datum.  The digital copies must be received before the plat may be recorded.
     
  2. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  3. Applicable security for all required improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be signed and recorded.
     
  4. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun. Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  5. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  6. Deviations from the approved plat in the development of the project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  7. Approval of the proposed plat shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-004 Site Plan - Amenity Center, Reserve at Raintree Forest Subdivision, Section 5, Zoning OSRD - Applicant:  Mr. Lawrence Kilgore, Ragan Smith Associates, PO Box 60070, Nashville, TN 37206

Ragan Smith Associates requested approval of a Site Plan for the amenity area within the Section 5 open space of the Reserve at Raintree Forest Subdivision.  The proposed improvements included:

1. 1,200 sq. ft. pool with a 4,062 sq. ft. pool deck
2. 1,056 sq. ft. pool house 
3. 1,620 sq. ft. pickle ball court, and
4. 24 parking spaces.    

The pool house will be a combination of white painted brick, painted gray shutters, black window sashes, and a dark shingle roof.  
 
Staff recommended approval of the proposed site plan subject to the following conditions:
  1. Maximum driveway width at return radius for one way traffic is 20 ft and two-way traffic is 30 ft.   
  1. A site plan shall be vested for a period of three years from the date of the original approval.
     
  2. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2.  If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3.  If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2305-004) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  6. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  7. Before a building permit can be issued, acceptable security shall be required to cover the cost of landscaping. The security shall be posted in an amount equal to one hundred ten percent (110%) of the total cost of the materials and installation of the landscaping improvements. Upon the issuance of the Certificate of Occupancy the amount may be reduced to ten percent (10%) and converted to a maintenance bond for a period of one year to ensure that the vegetation remains as a living and viable screen.
     
  8. Ground and roof level electrical transformers, heat and air conditioning equipment and similar facilities shall be screened from public view per the requirements of Section 78-246 (l) of the zoning ordinance. 
     
  9. Unenclosed guarded service equipment on the exterior of the building in commercial and service institution districts shall be limited to mandatory disconnects and metering equipment. All other service equipment shall be placed in an enclosed area of a structure. 
     
  10. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  11. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The city may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  12. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission.
     
  13. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-009 Minor Site Plan Alteration, Signage - Anti Aging & Medspa, Merchants Walk, 5020 Thoroughbred Lane, Zoning C-4 - Applicant: Mr. Lee Smith, Sign Me Up, 2210 Dunn Avenue, Nashville, TN 37211

Sign Me Up requested approval of a 50 square foot, internally illuminated wall sign. The linear footage of the tenant occupied 54.84 feet. The sign met the requirements of the Sign Ordinance. 

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, all or ground) with dimensions shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  2. A site inspection is required after the sign is installed.
     
  3. A site plan shall be vested for a period of three years from the date of the original approval.
     
  4. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Add the following note to the plans that are to be submitted for building permit review: “This document certifies that the building materials specified in the Planning Commission approval of this project (BPC2305-005) are likewise provided for in the plans submitted.  Any deviation from the approved building materials will negate any staff approval of said plans.  Proposed changes to project specifications will be submitted to the Planning Commission for further consideration. 
     
  6. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  7. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  8. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  9. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-006 Minor Site Plan Alteration - Awning Replacement, Boot Barn, 8105 Moores Lane, Zoning C-2- Applicant: Mr. Ryan Dury, Pacific Neon Company, 2939 Academy Way, Sacramento, CA 95815

Pacific Neon Company requested approval to replace two existing red fabric awnings with new black fabric awnings.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. The awning must be made of fire-resistant material. 
  1. A site plan shall be vested for a period of three years from the date of the original approval.
     
  2. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  6. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  7. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  8. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-007 Minor Site Plan Alteration - Band Tower, Ravenwood High School, 1724 Wilson Pike, Zoning SI-2 - Applicant: Ravenwood High School Band Boosters, 1724 Wilson Pike, Brentwood, TN 37027

Ravenwood High School Band Boosters requested approval to place a 28' tall pre-fabricated band tower on a 12' x 12' x 24" concrete pad.  The tower will be located on the south side of the parking lot that is on the east side of the football field.  The tower will be identical to the one placed at Brentwood High School, except this tower will be black instead of blue.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. Curb stops will be required on all parking spaces adjacent to the proposed tower. 
  1. A site plan shall be vested for a period of three years from the date of the original approval.
     
  2. Add the following note to the site plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  5. Complete building plans shall be submitted to the Planning and Codes Department for review, approval and issuance of the required permits before any work is begun.  Additionally, all required electrical permits, issued by the State of Tennessee must be received before any work is begun.
     
  6. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  7. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
             
BPC2305-008 Minor Site Plan Alteration - Tent, Brentwood YMCA, 8207 Concord Road, Zoning SI-3 - Applicant: Elizabeth Diehl, Brentwood YMCA, 8207 Concord Road, Brentwood, TN  37027

Brentwood YMCA requested approval to place a 30' x 60' temporary tent at the rear of their building for Summer camp activities.  The camp ran from June 5th through August 12th.  Since the proposed tent was to be up longer than thirty (30) days, the Planning Commission was required to approve it.  Since the event began the same day of the Planning Commission hearing, city staff had administratively approved the week prior to June 5th start date.  The event will host 40 campers per day from 7am - 6pm.  

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:
  1. An inspection by the Brentwood Fire Marshal is required before the tent may be placed into service.
     
  2. All tents used must be flame resistant in accordance with NFPA 701, and have a label permanently attached indicating such compliance. Each tent shall have at least a "2A" rated fire extinguisher, unobstructed and easily accessible in the event of a fire emergency.
     
  3. All ingress and egress points must remain clear and accessible at all times during the event. Emergency responders shall have access to the site at all times.Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  4. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  5. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Preston Bain for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Brandon Oliver
  Vote: 9 - 0 Approved
             
Regular Agenda
             
BPC2304-005 Preliminary Plan - Cielo Subdivision, 9227 Old Smyrna Road, Zoning AR-IP - Applicant: Mr. Tylor Fischer, Ragan Smith Associates, P.O. Box 60070, Nashville, TN 37206

Ragan Smith Associates requested approval of a preliminary plan showed 10 lots on approximately 40 acres.  On November 28, 2022, the City Commission approved the rezoning of this property from AR (Agricultural Residential) to AR-IP (Innovative Project).  The subdivision will be gated and a 50' right-of-way dedication will be provided along Old Smyrna Road.  Four of the ten lots are designated as HP (Hillside Protection) lots and will require Planning Commission review and approval of the individual site plans and building elevations before the building permits for these lots will be issued.  The previously discussed observation deck at the front of Lot 7 has been eliminated by the developer.  The joint access easement at the south end of the development was proposed to be relocated to move it further from the southern property line.  

Staff recommended approval of the proposed preliminary plan subject to the following conditions:
  1. The subdivision will be required to meet stormwater requirements based on the September 15, 2021, subdivision regulation update. Please contact Zane Pannell for a checklist to be submitted with the construction plans signed by the Engineer of Record.
     
  2. Construction shall follow all recommendations from the Geotechnical Report. A Tennessee Licensed Geotechnical Engineer shall be on site throughout the duration of construction. 
     
  3. All off-site utility easements shall be on a form approved by the City Attorney and obtained prior to the issuance of any permits.  
     
  4. The 2:1 slope at the end of the cul-de-sac will need to be approved by a TN Licensed Geotechnical Engineer prior to plat approval. 
     
  5. Water and sewer alignment and extensions are show in general locations. Final utility alignment and extensions including pump station design will be approved by Water Services Department during construction drawing approval process. 
     
  6. All trees impeding sight distance at Old Smyrna Road will need to be removed prior to construction of the new subdivision entrance. 
  1. A preliminary site plan shall be vested for a period of three years from the date of the original approval.
     
  2. Add the following note to the preliminary plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary, permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. It is the policy of the U. S. Postal Service that mail delivery to all new and extended developments use centralized delivery, via cluster box units (CBU). It is the responsibility of the customer (developers and builders) to provide the necessary mail receptacle equipment. Show/label an area on the plan to accommodate the cluster box units. Developers must receive approval from the USPS before mail service can begin. 
     
  5. The homes in the subdivision shall use U.S. Postal Service approved Cluster Box Units for Mail Delivery. Each home builder shall install permanent address posts, in lieu of mailboxes at the end of each driveway to facilitate emergency response. The address posts must be installed before a certificate of occupancy will be issue for the home.
     
  6. Approval of the site plan does not constitute approval of the signage plan. All signs must comply with the Brentwood Sign Ordinance. A comprehensive sign package including all signs (temporary or permanent, wall or ground) shall be submitted to the Planning Department for a compliance review. Please submit a comprehensive sign package to Allison Roberts at allison.roberts@brentwoodtn.gov.
     
  7. On all sheets of the plan show the location of existing and platted property lines, existing streets, buildings, watercourses, railroads, cemeteries, sewer lines, bridges, culverts, drain pipes, water mains, fire hydrants, street lights, tree masses, public utility easements. 
     
  8. Show the location of any sinkholes on the subject property as identified by a qualified geo-technical Engineer shall be located and appropriately labeled on the preliminary plan.  The plan shall be configured to locate all sinkholes in permanent open space only and not within any buildable lots.   Sinkholes in the permanent open space shall be protected from natural and/or man-made debris.
     
  9. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  10. Applicable security for all required roadway, drainage, utilities, water, sewer, landscaping and amenity improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.  
     
  11. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code. 
     
  12. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  13. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  14. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Brandon Oliver for approval subject to the above conditions being met to the satisfaction of staff, seconded by Vice Chair Stevan Pippin
  Vote: 9 - 0 Approved
             
BPC2305-003 Revised Preliminary Plan - Rosebrooke Subdivision, Zoning OSRD - Applicant:  Ms. Amanda Reed, Ragan Smith Associates, PO Box 60070, Nashville, TN 37206

Ragan Smith Associates requested approval of a revised preliminary plan that included the following changes:

- Section 4 has been separated into Section 4A and 4B
- The phase lines between Sections 4A and 5 have been revised
- Lots 78-87 have moved from Section 5 to Section 4A, and Lot 45 has moved from Section 5 to 6
- Lots 42-45 have been revised and Lot 46 has been relocated to the corner of Easton Drive and Heartwood Lane
- The detention area behind Lots 38 and 39 has shifted behind Lot 39
- A sidewalk has been added to access the existing cemetery located in open space 10
- The Sunset Road entry landscaping plan has been revised.  The entry walls have been shifted seven feet toward Rosebrooke Drive
- The total lot area has decreased from 85.42 acres to 84.03 acres.  The required open space has increased from 30.58 acres to 31.97 acres 
- The total dedicated open space is 56.48 acres, and the overall excess open space remains 24.47 acres.

The subdivision continued to show 124 lots on approximately 175 acres.  

Staff recommended approval of the proposed revised preliminary plan and to forward a recommendation of approval of the proposed corresponding revisions to the OSRD Development Plan to the Board of Commissioners subject to the following conditions:
  1. A preliminary plan shall be vested for a period of three years from the date of the original approval. 
     
  2. Add the following note to the preliminary plan:
This site plan is subject to a three-year vesting period, during which the development standards in effect on the date of approval will remain the standards applicable to this plan.  If construction is not completed during the first three years, the original site plan is considered a preliminary site plan and the applicant must obtain approval of a final site plan. Development of the property shown on this plan may be subject to standards other than those that were applicable during the vesting period.  The Initial vesting period for this plan expires on June 5, 2026, unless extended by the City of Brentwood.  Persons relying on this plan after said date should contact the City of Brentwood to determine if development may continue as depicted on the plan. 
  1. When the construction authorized pursuant to a site plan is not completed within three years from the date of initial approval, but the applicant desires to complete the project proposed for the site, the plan as initially approved for the project or as amended shall be considered a preliminary site plan.  If the applicant secures all necessary permits, commences site preparation and obtains approval of a final site plan within the three-year vesting period following approval of the preliminary site plan, then the vesting period shall be extended an additional two years beyond the expiration of the initial three-year vesting period.  During the two-year extension, the applicant must commence construction and maintain any necessary permits to remain vested.
     
  2. If necessary, permits are maintained and construction, as defined by Section 78-43, has commenced by the end of the two-year extension, then the vesting period shall remain in effect until the Planning and Codes Department has certified final completion of the project, provided the total vesting period shall not exceed ten years from the date of approval of the preliminary site plan.
     
  3. If the construction authorized pursuant to a site plan is completed within three years from the date of approval, the site plan shall then be considered the final site plan for the project.
     
  4. On all sheets of the plan show the location of existing and platted property lines, existing streets, buildings, watercourses, railroads, cemeteries, sewer lines, bridges, culverts, drain pipes, water mains, fire hydrants, street lights, tree masses, public utility easements. 
     
  5. Show the location of any sinkholes on the subject property as identified by a qualified geo-technical Engineer shall be located and appropriately labeled on the preliminary plan.  The plan shall be configured to locate all sinkholes in permanent open space only and not within any buildable lots.   Sinkholes in the permanent open space shall be protected from natural and/or man-made debris.
     
  6. The property owner is responsible for all development fees including water and sewer service and tap fees, building permit fees and Public Works Project Fees.  The required fees shall be used for future infrastructure related improvements required by the proposed development. 
     
  7. Applicable security for all required roadway, drainage, utilities, water, sewer, landscaping and amenity improvements in accordance with the requirements of Article Eight of the Brentwood Subdivision Regulations shall be provided before the final plat may be recorded.  
     
  8. A Maintenance Agreement and Storm Water System Long-Term Operation and Maintenance Plan for all storm water structures and facilities must be prepared, submitted and approved per Section 56-43 of the Brentwood Code. 
     
  9. Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
     
  10. Deviations from the approved plan in the development of a project or the failure to satisfy any standard requirements or special conditions of approval imposed by the planning commission will be considered a violation of the provisions of the Zoning Ordinance, which shall be subject to punishment as provided in Section 1-9 of the Brentwood Municipal Code.  The City may also require the applicant to appear before the Planning Commission to address any deficiencies or unapproved modifications.  The project may also be subject to delays in issuance of permits, certificates of occupancy, recordation of plats or other project approvals.
     
  11. Any changes to plans approved by the Planning Commission will require staff review and re-approval by the Planning Commission. 
     
  12. Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on June 5, 2023.  Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.
  Moved by Commissioner Michael Kaplan for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Chris Clark
  Vote: 9 - 0 Approved
             
Other Business
             
Monthly Security Report - May 2023
  Moved by Vice Chair Stevan Pippin for approval, seconded by Commissioner Brandon Oliver
  Vote: 9 - 0 Approved
             
With no further business, the meeting adjourned at 7:19 pm.


APPROVED:  July 5, 2023

Holly Earls, City Recorder

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