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Brentwood City Commission Agenda
Meeting Date: 06/24/2014  
Resolution 2014-41 - A Resolution Authorizing Changes to the Owl Creek Subdivision
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2014-41 - A resolution authorizing revisions to the OSRD-IP Development Plan for the Owl Creek Subdivision to allow for an increase in the number of single-family lots and an increase in the area of open space provided within the project.
Background
The attached resolution provides for alterations to the previously approved OSRD-IP Development Plan for the Owl Creek Subdivision. The project is located in the southwest quadrant of the intersection of Concord and Waller Roads, east of the Chestnut Springs Subdivision. The proposed plan incorporates the 10.16 acres rezoned to OSRD-IP, pursuant to Ordinance 2014-01 into the project. The revised design provides a total of 85 lots on approximately 87.6 acres.  The currently approved plan shows 76 lots on approximately 77.4 acres.

Other changes to the plan include:
  1. The addition of 9 lots resulting from the addition of the White property to the subdivision;
  2. A increase of 4.67 acres in the open space to be provided;
  3. A reconfiguration of the lots within the project;
  4. A revised internal street design on the east side of the project to incorporate a curve that turns to the south (Glenmore Lane);
  5. Removal of the previously approved stub street from the roundabout that terminated on the northern boundary of the former White property;
  6. A slight realignment of the southern portion of Cressy Lane, and a reconfiguration of the abutting lots;
  7. Reconfiguration of the cemetery boundary to reflect its actual location;
  8. Elimination of the bridge connection to Waller Road, which was shown on the concept plan that accompanied Ordinance 2014-01.
Under the new proposal, the total area of the open space provided is 56.1 acres. This number represents 67% of the project area. The currently approved plan shows 51.43 acres or 66.4% of the project area.  A total of 65% is required by Code.  

A total of 24 lots are required to have a maximum of 2,500 square feet of heated living space per Section 78-198(1)d of the zoning ordinance.  


Because the proposal increases the number of single-family lots and also increases the area of the open space provided, approval of the revised OSRD-IP Development Plan by the Board of Commissioners is necessary, per the requirements of Section 78-185(b)2 of the Municipal Code.

The reconfigured boundary for the Still-Williams-Jenkins family cemetery is shown on the plan. The cemetery was incorrectly located on previous plans.  The location was verified by using earlier surveys and by archaeological investigations conducted on site by qualified contractors working for the developer.  Mr. and Mrs. Donald Jenkins are heirs to at least one person buried in the cemetery and have been involved with the development of the plan related to the cemetery.  They have agreed to the reconfiguration of the area with the understanding that the developer will protect the cemetery throughout development, set aside the area as open space designated as a scenic easement, and install permanent wrought iron fencing upon completion of the construction of the infrastructure.

On June 2, 2014 the Planning Commission voted eight for and one against (8-1), to approve a revised preliminary plan for the Owl Creek Subdivision.  The plan also included entrance features and signage to be located at the main entrance into the subdivision from Concord Road.  

As part of the approval, the Planning Commission also continued certain exceptions in regard to the design of the plan as permitted by Sections 78-198 and 78-512 of the Zoning Ordinance. Please note that the exceptions, with one revision, were included as part of the original approval granted for the project in 2008. The one additional area included as part of the exceptions relates to the buffer width adjacent to existing residential development.  The Code (Sec. 78-198(2)d) requires a 100 foot wide buffer, but allows the Planning Commission to reduce or eliminate the buffer under certain circumstances where a 100 foot buffer is not needed.  The proposed plan proposes a buffer width of 50 feet at its narrowest point.  The existing mature trees in this area would remain.  This area lies along the southerly boundary of the former White property.  The exceptions are detailed in the Planning Commission approval letter, which is attached. Finally, the Planning Commission also voted, eight for and one against (8-1) to forward a recommendation of approval of the corresponding revisions to the OSRD-IP Development Plan to the Board of Commissioners. 

Please contact the Planning and Codes Director should you have any questions.
Staff Recommendation
Staff recommends approval of Resolution 2014-41.
Previous Commission Action
On February 24, 2014 the Board of Commissioners voted unanimously seven for and zero against (7-0) to approve Ordinance 2014-01 on second and final reading.  

On January 13, 2014 the Board of Commissioners voted unanimously seven for and zero against (7-0) to approve Ordinance 2014-01 on first reading. The ordinance proposed the rezoning of approximately 10.16 acres of land located on the west side of Waller Road, approximately 1,000 feet (0.20 miles) south of its intersection with Concord Road from R-2 to OSRD-IP. More specifically, the property is located at 1015 Waller Road.

On February 25, 2013, the Board of Commissioners approved Resolution 2013-10, which authorized a decrease in the amount of open space provided, a modification of the improvements within the open space and altering the an access to the development. The proposed changes included:
  1. A decrease of 3.47 acres of open space provided or from the previously approved area of 54.90 acres (68% of the total area) to a new total of 51.43 acres (66.4% of the total area);
  2. Eliminating the previously approved access to Waller Road and establishing a secondary access to Jupiter Forest Lane, and
  3. A modification of the improvements within the open space along Concord Road.
Other modifications included a reduction in the number of lots from 77 to 76, alterations to the internal street configuration and removal of 2.60 acres from the project for additional Concord right-of-way. 

On September 8, 2008, the Board of Commissioners approved Ordinance 2008-14 on second and final reading. The ordinance authorized the rezoning of approximately 45 acres R-2 to OSRD-IP. The subject property was intended to be combined with the property rezoned via Ordinance 2007-20. The proposed project included a total of 77 lots on 80.67 acres and was called the Shire at Owl Creek. The property is located in the southwest quadrant of the intersection of Concord and Waller Roads. 


On October 22, 2007, the Board of Commissioners approved Ordinance 2007-20 on second and final reading, authorizing the rezoning of 33.86 acres from R-2 to OSRD-IP. The approved plan showed a total of 26 lots. The property was known as the Jerry Jones Property and is located south of Concord Road and east of Chestnut Springs Road.

Fiscal Impact
Attachments
Resolution 2014-41
Exhibit A -- Resolution 2014-41
Vicinity Maps
Ransom Cemetery Letter to PC
Brockington Cemetery Report -- 2008
Additional Cemetery Investigation -- 4-21-2014
Cemetery Enlargement
New Buffer Area
Edmondson Branch Crossings
Currently Approved Plan -- Owl Creek
Section 78-185
PC Approval Letter
Signed Resolution

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