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Brentwood City Commission Agenda
Meeting Date: 08/09/2021  
Resolution 2021-95 -- A Resolution Authorizing Public Works Project Fee Credits for the Academy at Holly Tree
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2021-95 requests authorization to assign Public Works Project Fee Credits for the off-site improvements constructed by the developer to the major roadway system as approved by City staff related to the construction of the Academy at Holly Tree day care facility located in the northwest quadrant of the intersection of Holly Tree Gap Road and Franklin Road.   
Background
The attached Resolution requests the assignment of Public Works Project Fee (PWPF) credits for the Academy at Holly Tree day care facility, which is currently under construction, located at 1384 Holly Tree Gap Road.  

Article IX -- Section 14-200(b) of the Municipal Code provides that improvements constructed by a developer to the major road network beyond normal site related improvements may be accepted in lieu of required PWPF payments.
 
In this case, the improvements relate to a further northern extension along Holly Tree Gap of the limited intersection widening improvements to be completed by TDOT at the Holly Tree Gap Road and Franklin Road intersection.  Note that both Holly Tree Gap Road and Franklin Road are designated as arterial streets by Section 78-486 of the zoning ordinance.  These proposed additional improvements are designed to easily transition to a future further widening of Holly Tree Gap as included in the City's Major Thoroughfare Plan.
 
The owners of the Academy at Holly Tree, NGU, Inc. have requested that the PWPF for the new building currently under construction at 1384 Holly Tree Gap Road be credited because of the off-site improvements required by the City.
 
The improvements include: 
  1. Drainage;
  2. Pavement -- widening of Holly Tree Gap Road in the area north of the intersection;
  3. Erosion Control; and
  4. Finishing – sod/seeding  
The site plan was approved by the Planning Commission on November 2, 2020. A revised final plat was also approved by the Planning Commission, which was recorded on June 21, 2021, and can be found in PB P76, PG 56.
 
The requested credits are subject to a recommendation by the Planning Commission and approval by the Board of Commissioners. At its regular meeting of August 2, 2021, the Planning Commission reviewed the request and unanimously recommended that the Board of Commissions approve the request in the amount of $22,095.95. 

In accordance with Section 14-200(2) upon recommendation from the Planning Commission the Board of Commissioners shall take one of the following actions:
  1. Accept the planning commission's recommendation and allow credits for road improvements against applicable public works project fee payments; 
  2. Refer the recommendation back to the planning commission along with comments to allow reconsideration of the options for off-site improvements as part of the overall site plan approval; 
  3. Modify the planning commission's recommendation and require the developer to construct an alternative eligible road improvement in lieu of fee payments; or 
  4. Reject the planning commission's recommendation and accept payment from the developer of the required public works project fee for use by the city in funding eligible public works projects in the future.
 

 The public works project fees for the new building were calculated as follows:
 
11,502 sq. ft. building / 1,000 = 11,502 x $5,215 per 1,000 sq. ft. $59,982.93
Less a previous use credit of 7,265 sq. ft. / 1,000 = 7.265 x $5,215 $37,886.98
Total Credit Requested  $22,095.95

The “previous use credit” referenced above accounts for the area of the building that formerly occupied the property and was demolished as part of the redevelopment of the site.  The credit for the demolished building is authorized by Section 14-197(d) of the Municipal Code.
 
The applicable off-site improvements were calculated by staff with the Engineering Department and totaled $34,671.60.  Security in the amount of $139,748.00, which includes $62,749.00 for infrastructure improvements, both on-site and off-site, has been received by staff. The remainder of the security is intended for on-site landscaping improvements. The City will not refund or credit an amount exceeding the public works project fees required.  Therefore, the total credit proposed is $22,095.95.

The credit will not be issued until the work has been completed and inspected for compliance with the approved construction plans by Engineering Department staff. 

Should you have any questions, please contact the Planning and Codes Director.
Staff Recommendation
Staff recommends approval of Resolution 2021-95, which authorizes the issuance of Public Works Project Fee credits to NGU Inc. in the amount of $22,095.95.  The credits will be issued upon completion of the work and inspection for compliance with the approved construction plans by staff with the Engineering Department. 
Previous Commission Action
There has been no previous action by the Board of Commissioners related to the subject property. 

Fiscal Impact
Attachments
Resolution 2021-95
Owner Request for PWPF Credits
Applicable Code Sections -- Chapter 14
Academy at Holly Tree -- Approved Site Plan
PC Review Memo -- PWPF Credits for NGU, Inc.
Signed Resolution

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