Agenda

Election of Officers

Moved by Vice Chair Stevan Pippin to appoint Janet Donahue as Chairman, seconded by Commissioner John Church

Vote: 5 - 0 Approved

Other:

Chair Janet Donahue (Abstain)

Moved by Commissioner John Church to appoint Stevan Pippin as Vice Chairman, seconded by Commissioner John Vitucci

Vote: 6 - 0 Approved

Appointment of one Planning Commissioner to the Tree Board was deferred to the next meeting.

Approval or Correction of Minutes

June 5, 2023

Moved by Commissioner John Church for approval of the minutes as written, seconded by Commissioner Michael Kaplan

Vote: 5 - 0 Approved

Other:

Commissioner Rick Lundgren (Abstain)

Public Hearing

Public Hearing on the Brentwood Urban Growth Boundary Update

Consent Agenda

BPC2306-001 Minor Site Plan Alteration, Monument Sign - Highland Ventures, PLC Business Park, Section 2, Lot 5, 209 Powell Place Zoning C-1 - Applicant: Jarvis Signs

Jarvis Signs requested approval of a new double-sided, non-illuminated monument sign located at the entrance to the development along Powell Place. The proposal included a bronze and light gray metal sign face with a light gray brick base. The proposed sign met the requirements of the code.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:

A foundation permit and footing inspection will be required prior to the construction of the monument sign.
A site plan shall be vested for a period of three years from the date of the original approval.
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 July 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.

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.
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.
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.
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 (BPC2306-001) 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.
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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on July 5, 2023. Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

BPC2306-004 Minor Site Plan Alteration, Building Elevations - Lululemon, Hill Center, Lot 1, Building A, 211 Franklin Road, Zoning C-2 - Applicant: Ideal Due Diligence

Ideal Due Diligence requested approval to revise the building elevations of the former Sur La Table space at Hill Center Brentwood. The proposal included black recessed storefront doors with branded pulls. The entry portal will be faced with wood. The exterior building materials will be modified to include gray metal and concrete plaster. A projecting sign for pedestrians and a wall sign were also proposed.

Staff recommended approval of the proposed minor site plan alteration subject to the following conditions:

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.
A site inspection is required after the sign is installed.
A site plan shall be vested for a period of three years from the date of the original approval.
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 July 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.

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.
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.
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.
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.
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 (BPC2306-004) 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.
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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on July 5, 2023. Any changes to Planning Commission approved plans and specifications will require staff review and re-approval by the Planning Commission.

Moved by Vice Chair Stevan Pippin for approval of the items on the Consent Agenda, seconded by Commissioner Rick Lundgren

Vote: 6 - 0 Approved

Regular Agenda

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.

Resolution 2023-40 requested 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 directed staff to prepare the required Plan of Services (POS) which detailed the provision of municipal services to the newly annexed area. The subject property was within the City's Urban Growth Boundary (UGB) and was 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 called 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 was presently one home on the property.

The property for which annexation was 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 showed 19 total lots with an overall density of 0.67 units per acre. This plan was 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 was an Arterial Street on the Major Thoroughfare Plan. Streets that feed into Arterials need to be designed to Collector Street standards. The plan showed two proposed stub-streets - one to the east and one to the west - which will allow for appropriate future connectivity. The property was 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 required a minimum lot area of one acre and a gross density of one dwelling unit per acre. However, there were differences in the technical standards related to accessory uses and structure standards. MGA-1 allowed 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 principal 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.

Staff notes that there was an existing access easement that ran along the western side of the property that served two existing properties to the south. Staff had 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 tied into the cul-de-sac. The non-binding plan provided 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 had 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 met the criteria for annexation by resolution because the land was being annexed with the consent of the property owner. Annexation by resolution involved 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 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.
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 was required, detailing the provision of services to future residents and property owners in the newly incorporated areas. These services included 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 was 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

Staff reviewed the annexation petition and determined that it met the applicable requirements of state law regarding annexation for consideration by the Board of Commissioners. Staff recommended approval of the resolution calling for the public hearing to begin the process of consideration for the requested annexation.

Moved by Commissioner Michael Kaplan for approval to recommend Resolution 2023-40 to the Board of Commissioners for approval, seconded by Commissioner John Vitucci

Vote: 6 - 0 Approved

BPC2306-003 Site Plan - Moores Lane Interchange Industrial Park, Lot 4, 1641 Mallory Lane, Zoning C-3 - Applicant: Ingram Civil Engineering Group, LLC

Ingram Civil Engineering Group, LLC requested approval of a site plan for a 16,133 square foot three-story office building on a 0.88 acre lot. The project will have a total of 62 parking spaces with 20 of these spaces located under the building. The building materials will be a combination of glass, aluminum composite, smooth and textured cast stone. The proposal met the requirements of the Code.

Staff recommended approval of the site plan subject to the following conditions:

A revised final plat that removes the 20-foot water line easement that splits the property, adds a 10 foot PUDE along southern boundary to accommodate an 8" water line, and abandons a 24-foot shared access easement with the lot to the south - must be recorded before any permits will be issued.
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 & Codes Department for review. Submit a signage package for review and approval to Allison Roberts at allison.roberts@brentwoodtn.gov. Banners and off-site signage are not allowed per the sign ordinance.
A site plan shall be vested for a period of three years from the date of the original approval.
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 July 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.

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.
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.
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.
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.
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.
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.
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.
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.
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.
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 (BPC2306-003) 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.
Development of this project shall comply with all applicable codes and ordinances of the City of Brentwood.
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.
Approval of the proposed plan shall be limited to the illustrations and plans presented to the Planning Commission for review and approval on July 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 John Church for approval subject to the above conditions being met to the satisfaction of staff, seconded by Commissioner Rick Lundgren

Vote: 6 - 0 Approved

Other Business

Performance Agreement - Ragsdale Road

Planning Commission needed to make a recommendation to the City Commission regarding a Performance Agreement insuring completion of roadwork for Ragsdale Road:

Issues that were considered were as follows:
1. Development of Ragsdale Subdivision was underway.

2. Developer required to install turn lane improvements on Ragsdale before plat can be signed and lots sold.

3. Ragsdale Road in front of subdivision to be widened as part of City project to begin latter part of 2024 – after first lots are ready to be platted.

4. Due to grade changes as part of City project, any turn lane improvements done by developer to existing road and subdivision entrance road would have to be rebuilt as part of City project.

5. Ongoing discussions with developer to rebuild segment of Ragsdale Road at subdivision entrance in accordance with City’s full project plans and be able to tie back to existing Ragsdale Road pending City’s project.
Scope of work would exceed developer’s legal obligations for turn lane improvements.
Qualifies for Public Works Project Fee Credits for cost of work that exceeds developer required improvements.
Amount of projected fee credits exceeds amount of Public Works Project Fees to be owed by development.
Propose to reimburse developer for excess from Ragsdale Road budgeted project funds.

6. Performance Agreement will be in place to insure completion of roadway.

Moved by Vice Chair Stevan Pippin for approval to forward a recommendation to the Board of Commissioners, seconded by Commissioner Michael Kaplan

Vote: 6 - 0 Approved

Monthly Security Report - June 2023

Moved by Commissioner Michael Kaplan for approval, seconded by Commissioner John Church

Vote: 6 - 0 Approved

With no further business, the meeting adjourned at 7:34 pm.