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Brentwood City Commission Agenda
Meeting Date: 10/26/2015  
Ordinance 2015-12 - Second and Final Reading Rezoning Approximately 261 Acres, Located on the South Side of Crockett Road, from R-2 to OSRD
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Ordinance 2015-12 -  the rezoning of 260.72 acres (originally 261.04 acres), lying on the south side of Crockett Road, approximately 0.50 miles east of its intersection with Wilson Pike, east of the Somerset and west of the Raintree Forest Subdivisions.  The proposed change is from the R-2 (Suburban Residential) zoning district to the OSRD (Open Space Residential Development) zoning district.
Second and final reading of Ordinance 2015-12, which proposes the rezoning of 261.04 acres of land, located at 9305 Crockett Road. The subject property includes the historic Holtland/Wildwood home. 

Mike Ford Custom Builders LLC Homes recently completed  negotiations to buy the property for $10.5 million. The purchase price is based on an assumed development lot yield of up to 127 lots under the existing R-2 zoning designation for the property. The contract stipulates that should the buyer receive City approval of a development plan providing for more than 127 lots, the final purchase price would be increased by $35,000 for each additional lot above 127. The buyer plans to partner with CPS Land, LLC to develop the property.  Closing on the sale of the property is to occur no later than January 19, 2016.  Mr. Charles Witherspoon, who currently resides on the property will retain a life estate in his existing residence. 

A previous OSRD rezoning proposal was presented for City Commission consideration in January 2015 under Ordinance 2014-21 but failed to win approval.  That proposal included a total project area of 263.98 acres. The current proposal includes a total proposed rezoning area of 261.04 acres.  The difference relates to the desire of the developer to retain one lot located in the NW corner of the property under the current R-2 zoning classification. The lot includes an area of 2.94 acres and is located between the western property boundary and the TVA easement, adjacent to Crockett Road 

Changes Since First Reading
Since first reading, which occurred on September 14, the developer has submitted several changes to the plan. There are several associated changes due to the area of the property that is to retain the R-2 zoning classification being increased a total of 0.32 acres, or from the original area of 2.94 acres to a new area of 3.26 acres. The proposed changes relate to the desire to maintain a lot size that would facilitate the keeping of farm animals. Section 10-4 of the Municipal Code requires a lot area of at least three acres in order to keep livestock or fowl. The increase in the R-2 lot resulted in a decrease in the OSRD project area of 0.32 acres or from the original total of 261.04 acres to a new total of 260.72 acres. Other minor changes to the plan include:
  1. A decrease in the area of dedicated ROW for Crockett Road from 1.35 ac, to 1.33 ac.;
  2. A decrease in the total developable land area from 243.83 ac. to 243.53 ac.;
  3. A decrease in the total usable land area from 221.52 ac. to 221.22 ac.;
  4. A decrease in the dedicated open space from 104.46 ac. to 104.16 ac.;
  5. A reduction in area for open space "Q", which is adjacent to the R-2 lot, from 28.42 ac. to 28.11 ac.; and
  6. A change to the property description, resulting from the R-2 lot modification. Ordinance 2015-12, attached below has been updated with the revised description.
The area of the OSRD lots remained unchanged from the original submittal.

In addition to the items noted above, staff and the City's traffic engineer have continued to work with the applicant to evaluate the potential for a roundabout at the proposed Crockett Road entrance to the subdivision in lieu of a two-way stop. After further survey work, preliminary design, and traffic capacity analysis, all parties believe that a roundabout is a viable option at this location. (See attached roundabout analysis report.)  On October 16, the applicant's engineer submitted a revised OSRD Development Plan that includes the roundabout in Crockett Road at the intersection of Arrowhead Drive and the new internal street (Attachment B -- Revised -- 10-16-2015).  Note that the inclusion of the roundabout was also a recommendation from the Planning Commission.   
The proposed roundabout has been placed south of the existing Crockett Road alignment (further into the Holt property) to limit conflicts with the two developed corner lots on the east and west sides of Arrowhead Drive at its intersection with Crockett Road. However, inclusion of the roundabout and its proposed location has created an issue related to the width of the required arterial road buffer along the south side of Crockett Road. The OSRD ordinance requires that a 150 foot wide landscaped buffer strip be included as part of OSRD developments that border an arterial road. Including the roundabout and shifting its location to the south has the potential to reduce the width of the buffer depending on how the ROW point is measured. The revised plan attached below reflects the buffer width being measured from the right-of-way (ROW) line along the south side of Crockett Road as proposed originally on first reading, including the 20 ft. ROW dedication.  Also attached is an exhibit that shows the proposed ROW dedication and a depiction of the buffer if it is measured from the outside travel lane of the proposed roundabout.  If the width of the arterial road buffer is measured from the outside travel lane on the roundabout, the proposed lots along "Road A", which include lots 2 through 5 and 147 through 153 will be affected.  Additionally, an existing tree line that is to be preserved as part of the development of lot 5 will be impacted.  

Section 78-184(b)1 of the Zoning Ordinance provides that "The right-of-way of the arterial street from which the buffer strip is measured shall be determined by the planning commission and shall include any dedications of property for widening and other improvements."  Should the Board of Commissioners endorse the revised plan on second and final reading, the Planning Commission will consider the changes and determine the ROW from which the buffer is to be measured when the preliminary plan is presented for review. The wording of the section infers that the Planning Commission does have some authority to interpret the point of measurement for the arterial road buffer.  As this is the first time a new roundabout on an arterial road is being proposed as part of an OSRD development plan, there is no prior precedent for determining this point of measurement for a roundabout. Should the Planning Commission require the full width buffer as measured from the outside of the southern roundabout travel lane, a revised OSRD Development Plan reflecting the shifted locations of the impacted lots will have to be prepared and eventually submitted for approval by the Board of Commissioners following review by the Planning Commission.  If this occurs, it is not expected to change the number of proposed lots in the development. 

On September 15, planning staff discussed the proposed preservation plan for Holtland/Wildwood with the Historic Commission. The Commission provided a total of four recommendations, which follow.  

  1. Moved to accept the OSRD plan;
  2. Moved to require developer to use “Saving the Farmstead” for the historic house.  
  3. Moved that the developer be required to verify the existence of unmarked cemetery that is starred on the map and preserved under state Law.  
  4. Moved for the Brentwood Historic Commission to review restrictive covenants after the city attorney reviews them.
A copy of the meeting minutes from the September 15, 2015 meeting is attached below.  

OSRD Plan Summary
Ragan Smith Associates and CPS Land have submitted a proposed plan showing a total of 153 OSRD-compliant lots, including a large lot that includes Wildwood and the current Witherspoon residence.  The site specifics are detailed in the following table:    

Area of Project   261.04
Number of Proposed Lots -- OSRD 153
Number of Potential Lots -- R-2 141
Density (Dwelling Units per Acre) -- R-2 0.53 DUPA
Average Lot Size -- OSRD 39,681 0.91
Largest Lot Size -- OSRD 367,940 8.45
Smallest Lot Size -- OSRD 17,600 0.40
Excess Open Space Provided -- OSRD 3,956,990 90.84
Density (Dwelling Units per Acre) -- OSRD 0.59 DUPA

The largest lot, identified in the table above, is the site of the historic Holtland/Wildwood Home. The sale agreement includes a provision requiring the buyer to use its experience in restoration and residential construction to manage and use the resources necessary to finance the preservation of the historic mansion and grounds prior to selling the property to a third party.

The plan proposes the preservation of approximately 7.45 acres around the historic home, not including the one acre allocated to the historic home itself as part of Lot 1. The proposed historic preservation area also includes the existing Witherspoon residence. Section 78-198(1)c of the Municipal Code allows for increased lot sizes adjacent to historically significant sites (as designated by the Board of Commissioners) to promote the restoration and/or preserve the integrity of the historic site. The additional acreage, in excess of one acre, can be credited as permanently dedicated open space. Any historic structure used as a residential dwelling must be counted toward the total number of dwelling units permitted in the development. The development must be configured to be compatible in architectural style, size, scale and orientation with the historically significant site and structures. Additionally, the proposed preservation plan must be submitted to the Historic Commission for its review and recommendations prior to formal approval of the development plan by the Board of Commissioners. A similar situation occurred in Inglehame Farms, where a total of 9.09 acres was preserved around the historic mansion there.

The southeastern portion of the project is encumbered by the Hillside Protection (HP) Overlay. The area includes steep hillside areas in excess of 15% and elevations of 850 feet and above.  Lots in this area will meet the three acre size requirement as required by Code.  Planning Commission approval of HP site plans, which would include elevations, is required before building permits will be issued for these HP designated lots.  The OSRD plan also shows a hiking trail that meanders up the hill in this area.  

The proposed plan also provides for a ten foot wide (incorrectly shown as eight foot on the plans) paved multi-use path that will include a public use easement beginning at the end of the cul-de-sac on "Road D." This path will meander northward and through the 150 foot wide arterial road buffer to the western common project boundary with Somerset. The trail is intended to connect at the common property boundary with the Raintree Forest subdivision, east of the project, wind through the open space and terminate at the western property boundary, adjacent to Crockett Road, which is shared with the Somerset subdivision. If the project is approved, staff believes a contribution of funds by the developer for the construction of a public, multi-use trail adjacent to Crockett Road and extending across the front of Somerset would be appropriate. This trail extension would allow for safe pedestrian access by residents of the proposed subdivision to a signalized intersection and pedestrian crossing to the nearby schools and Crockett Park. The estimated cost of this improvement is approximately $25,000 and would possibly require acquisition of an easement by the City across that portion of the Somerset open space fronting Crockett Road. If this trail improvement is constructed, staff would also recommend that the City eventually negotiate with the Raintree Forest HOA to undertake a project to connect the existing public trail along Raintree Parkway to the Holt/Witherspoon property development across Raintree Forest open space to provide a complete public, off-road trail connection from Raintree Parkway to the nearby schools and Crockett Park.  At the time a connection is made to the City's existing trail along Raintree Parkway, the trail within the proposed new subdivision would functionally become a part of the City's trail system and the City would assume future maintenance responsibility.

The proposed plan shows two vehicle access points into the project. The primary access is situated on Crockett Road and aligns centerline to centerline with Arrowhead Drive. A secondary access is proposed on Ansley Lane, on the west side of the project, approximately 650 feet south of its intersection with Aberdeen Drive.  The plan also proposes the dedication of an additional 20 feet of right-of-way along the south side of Crockett Road.  

The property is bisected by two electrical transmission line easements. The first is approximately 175 feet wide, and cuts through the northwest corner of the site. The second is approximately 200 feet wide, dividing the southern portion of the property. 

There is also a small cemetery, which will be preserved as part of the development of the property.  The cemetery is located in the northern portion of the site, across from the intersection of Crockett Road and Arrowhead Drive. The cemetery contains the graves of four decedents.  The plan proposes surrounding the cemetery with three foot tall, wrought iron look, steel fencing and a gate that has been powder coated to protect against the elements.  

The submitted plan does not propose additional landscaping across the front of the Holtland/Wildwood site, within the arterial road buffer adjacent to Crockett Road, in an attempt to preserve the view of the site and it's historic character.  If the proposed rezoning is approved, and upon review of the preliminary plan by the Planning Commission,  the landscaping that is required in the area will be distributed in alternate areas of the project as permitted by Section 78-512(b)5c of the tree preservation requirements of the Municipal Code.  

Finally, depending upon the design of the shared driveway easement serving lots 46 through 49, additional residential driveway standards related to access for emergency vehicles as defined by Section 78-486(14) of the Municipal Code will apply.  This section requires that the width for the driveway shall be increased to 12 feet and provisions shall be made for turnouts every 500 feet in length to facilitate access by fire engines and two-way vehicle circulation when the dwelling is located 500 feet from the street. 

R-2 Plan
For comparative purposes, the developer has submitted a concept plan reflecting development of the property under the existing R-2 zoning classification.  This plan would yield an estimated 141 lots, including several larger lots located within the HP overlay in the southeast corner of the project area. The OSRD development plan has been designed to preserve much of this area. The R-2 concept plan is attached.

A revised traffic impact study (TIS), dated July, 2015, was included as part of the initial submittal. A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Shaffer Inc., who assists staff in the review of the documents submitted for rezoning actions. The applicant will pay for the Neel-Shaffer review per the requirements of Section 50-29(b) of the Municipal Code.  Mr. Judy's review comments are attached. 

Although not referenced in the rezoning application, the possibility of the need for a traffic signal at the subdivision entrance on Crockett Road opposite Arrowhead Drive has been raised.  Staff has not been consulted about this proposal, but would be opposed to a signal at this location.  The City follows established traffic engineering standards found in the Manual of Uniform Traffic Control Devices (MUTCD) when considering whether a traffic signal is warranted at a given location.  Both the existing and projected traffic volumes at the proposed subdivision entrance location, even including the Arrowhead Drive traffic, come nowhere near meeting any of the MUTCD traffic signal warrants.  The developer’s own traffic study never mentions or proposes signalizing this intersection.  Instead, the study recommends a two way stop on the side roads with no stop control on Crockett Road.  Staff asked Greg Judy with Neel-Schaffer to address the negative consequences of installing a signal when not warranted by actual traffic flow as part of his review of the TIS.  Mr. Judy's full response on this issue is included in the attached report, but excerpts of his response are as follows:

It is important to mention that signalization should be reserved for locations where it can be demonstrated through engineering analysis that there is a need for this level of control. Installing traffic signals at intersections where conditions do not meet documented industry standards often result in unfavorable operational and safety consequences.

Experience and study have shown that implementing signalization at intersections not meeting minimum thresholds often has overall detrimental impacts on the road network. Although it may seem to resolve specific traffic concerns, unwarranted traffic signals often have opposite and unintended consequences:
  •  Unnecessary delay and vehicle queuing for traffic on Crockett Road. The traffic study for the proposed project predicts only around 10% of all traffic passing through the intersection will originate via the northbound approach of the access roadway. The natural cycling of the traffic signal phases will cause excessive stop-and-go operation and interruption of traffic flow on Crockett Road in order to service a low-volume side street.
  • Heightened exposure to crashes. The likelihood of additional and more severe crashes may be expected.
  • Operational inefficiency during off-peak hours. A traffic signal will not provide added operational benefit during most hours of the day. Analysis shows two-way stop control has less intrusive impact on traffic flow with higher operating efficiencies for all entering traffic movements.
  • Unnecessary operating and maintenance costs.

Neel-Shaffer agrees with the opinions of staff that traffic signalization would not be an appropriate traffic control measure for the primary access intersection. 

Generally, the review completed by Neel-Shaffer concurs with the recommendations stated in the traffic study, which are detailed below.  In addition to the study’s identified improvements for the primary access at Crockett Road across from Arrowhead Drive, Neel-Shaffer recommended installation of an eastbound left-turn lane on Crockett Road at the primary entrance point. The presence of this turn lane would enhance safety and efficient traffic operations on Crockett Road. 

Trip Generation

The trip generation calculations were based on the regression equations and the rates provided by Trip Generation,Ninth Edition published by the Institute of Traffic Engineers.  The revised TIS trip generation estimates are shown in the table below:

Land Use # Lots/Units Daily
Generated Traffic
AM Peak Hour PM Peak Hour
Enter Exit Enter Exit
Single Family -- Based on equations 153 1,554 29 88 97 57

The above trip generation rates were used to complete the trip assignment and capacity analysis for the proposed project. 

Capacity Analysis 
In order to identify the projected peak hour traffic volumes at the completion of the proposed project, the trips generated by the proposed development were added to the existing peak hour traffic volumes in the study area.

Using the total projected peak hour traffic volumes, capacity analyses were conducted in order to compare existing conditions with projected post-development conditions to determine the impact of the proposed project on the roadway system. Specifically, the need for roadway and traffic control improvements within the study area was evaluated. I
t was assumed that the project access will be constructed directly opposite Arrowhead Drive and will include one southbound entering lane and two northbound exiting lanes, striped as a separate left turn lane and a shared through/right turn lane. Also, it was assumed that an eastbound right turn lane and a westbound left turn lane will be provided on Crockett Road at the new access. Finally, it was assumed that all existing roadway geometry and traffic control will be maintained and no improvements will be provided.

The capacity analysis indicates that, at the signalized intersection of Wilson Pike and Crockett Road, the westbound left turns onto southbound Wilson Pike will continue to operate poorly during the AM peak hour as it does under existing conditions. Also, the westbound vehicle queue will continue to extend beyond the existing crossing over the railroad tracks, approaching the intersection with Volunteer Parkway/Aberdeen Drive. However, these conditions will continue to occur during the peak hours of traffic operations at Crockett Elementary School and Woodland Middle School. During the PM peak hour, all of the turning movements at this intersection are expected to operate with acceptable delays and vehicle queues. Also, the capacity analysis indicate that, at the signalized intersection of Crockett Road and Volunteer Parkway/Aberdeen Drive, all of the turning movements will continue to operate with acceptable delays and vehicle queues during both peak hours.

At the intersection of Crockett Road, Arrowhead Drive and the project access, most of the turning movementswill operate with acceptable delays and vehicle queues during both peak hours. Although the northbound left turns are expected to operate poorly during both peak hours, the vehicle queues are expected to be low. However, based on these results, additional analyses were conducted in order to identify how well this intersection would operate if all-way stop control were provided. The results indicate that, with all-way stop control at this intersection, the westbound turning movements will operate poorly during the AM peak hour, and the reciprocal eastbound turning movements will operate poorly during the PM peak hour.

At the unsignalized intersection of Crockett Road and Raintree Parkway/Green Hill Boulevard, most of the turning movements will continue to operate with acceptable delays and vehicle queues during both peak hours. However, the westbound turning movements will continue to operate poorly during the AM peak hour, and the reciprocal movement, the eastbound turning movements, will continue to operate poorly during the PM peak hour.

TIS Conclusions and Recommendations
The TIS concluded that the proposed project will have a relatively minor impact on the intersections and roadways within the study area. However, in order to provide safe and efficient traffic operations at the project access, directly opposite Arrowhead Drive, the following improvements should be provided at this intersection:
  1. The new internal roadway should be constructed to include one southbound entering and two northbound existing lanes, stripped as a separate left turn land and a shared through/right turn lane.  The northbound left turn lane should be designed and constructed to include at least 100 feet of storage, and the northbound right turn land should be designed and constructed to include at least 75 feet of storage.
  2. An eastbound right turn lane should be constructed on Crockett Road at the new roadway. This turn lane should include at least 125 feet of storage and should be designed and constructed according to AASHTO standards.  Note that the City's traffic engineer also recommends an eastbound left turn lane at this intersection and staff concurs with this recommendation.  If sufficient right of way is not available to provide both eastbound left and right turn lanes at this intersection, staff believes the eastbound left turn lane is a higher priority and provides greater benefit to the overall road network in this area.
  3. A westbound left turn lane should be constructed on Crockett Road at the new roadway. This turn lane should include at least 75 feet of storage and should be designed and constructed according to AASHTO standards.
  4. Although the traffic volumes on Crockett Road have remained relatively stable since 2007 adequate right-of-way should be reserved along the northern frontage of the project site in order to accommodate any future widening of Crockett Road to a three-lane cross section.
The developer has submitted to the proposed plan to Ms. Allison Nunley with Williamson County Schools (WCS) for an assessment as to the impact of the proposed development on the schools in the area.

WCS staff reviewed enrollment numbers and projections for neighborhoods of similar size in the Crockett Elementary, Woodland Middle and Ravenwood High school zones.  For 154 lots, which includes the R-2 lot, WCS projects a total enrollment of 147 students at full buildout. The student breakdown is as follows.
  • Elementary = 62
  • Middle = 39
  • High = 46

Crockett Elem. 870 674
Woodland Middle 975 877
Ravenwood H.S. 1,649 2,113

Ravenwood's enrollment number will be impacted downward when the new Nolensville High School opens in the fall of 2016.

The tract proposed for rezoning is within the Brentwood Water Services service area for both water and sewer.  The sewer impact of the proposed 154 lots has been analyzed by the sewer system computer model.  The result of this analysis shows that the estimated 47,740 gallons per day (310 gpd per house X 154 lots) can be accommodated by the existing sewer infrastructure without offsite capacity improvements being required.  However, connection to the City's existing gravity sewer system will require the developer to extend public sewer offsite to the nearest existing manhole at the developer's expense. 

Existing water service is also adequate to serve the proposed development, provided, however, that individual booster pumps will be required for several homes at the higher elevations in order to ensure adequate water pressure.  These booster pumps will be installed as part of home construction on these lots.

Historic Background
The submitted plan proposes the preservation of the historic Holtland/Wildwood home, which was built circa 1835, situated on a 1,200 acre plantation. In March 2000, the Board of Commissioners approved Resolution 2000-11, which designated certain historic sites as significant. Holtland/Wildwood was included as part of the designation. A copy of the resolution is attached. The home has not been lived is since the early 1960's. Much of the original acreage has been sold. The two-story home is constructed of brick and includes the original two-story brick ell at the rear and several connected outbuildings. In the 1800's, Thomas Holt acquired several hundred acres in the Crockett Road area of what is now Brentwood. His grandson, John Page Holt, lived on the property with his wife, O'Delle K. Holt, during the 1900's.  For more information on the history of the tract, please refer to the attachment below. 

Rezoning Procedure
The proposed ordinance was approved on first reading on September 14, 2015. The community meeting was conducted on October 1, 2015 at the Brentwood Library, beginning at 6:00 p.m. A total of 24 citizens attended the meeting.  The topic that generated the bulk of the discussion was related to traffic concerns. The Planning Commission completed its review and recommendation of the proposed plan at its regular meeting of October 5, 2015.
As part of their review, it was recommended that the roundabout design as presented at the meeting, be incorporated into the revised OSRD Development Plan presented to the Board of Commissioners on second and final reading. The approval memorandum is attached below.

If you have any questions or require additional information, please contact the Planning and Codes Director. 
Staff Recommendation
Staff has reviewed the proposed rezoning application and the associated plans and found that it complies with the applicable provisions of the Zoning Ordinance for consideration by the Board of Commissioners.
Previous Commission Action
At its June 8, 2015 regular meeting, the Board of Commissioners approved Resolution 2015-39, which approved the sale of the Holt Property.  

Also at its June 8, 2015 regular meeting, the Board of Commissioners approved resolution 2015-40, which authorized an agreement with Charles W. Witherspoon and Brentwood United Methodist Church for Distribution of Proceeds from Sale of Holt Farm Property.  The funding agreement protects the City’s potential interest in the property by setting limits on the amount of money from the sale of the property that can be used for Mr. Witherspoon’s benefit. Authorization of the agreement will increase the likelihood that the City will have the option to receive a substantial portion of the proceeds from the sale for the benefit of the City's library, as desired by Mrs. Holt.

On January 13, 2015, a rezoning plan for the property was presented to the Board of Commissioners for review.  That plan proposed the rezoning of the approximately 264 acre property from R-2 to OSRD-IP.  After consideration by the Board, a motion and a second to approve the proposed OSRD-IP Development Plan was advanced. The motion failed 2-5.

At is meeting on June 9, 2014, the Board of Commissioners approved Resolution 2014-40, Approving an Acceptance of Conveyance of the Holt Property to Pearl Street Partners, LLC.  That transaction was canceled after Pearl Street's rezoning proposal failed to pass.  

In 1994, the Board of Commissioners passed Resolution 94-27, asserting the City’s claim to any and all rights, title and interest due to the City under Mrs. Holt’s will. 

Fiscal Impact
Ordinance 2015-12 -- w/ Attachment A
Attachment B -- Revised -- 10-16-2015
ROW Exhibit -- 10-19-2015
Attachment B -- 9-1-2015 -- First Reading
R-2 Concept Plan w/ Enlargements -- 9-1-2015
TIS Trip Generation
TIS Capacity Analysis
TIS Conclusions & Recommendations
Neel-Shaffer TIS Review
Holt Landscaping -- 10-16-2015 -- Half-Size
Adjacent Subdivision Density
Holt Property History
Historic Study
Resolution 2000-11
Holt Will
Application Package
Historic Commission Minures -- 9/15/2015
PC Review Memo
Sec. 78-184(b)1
Signed Ordinance

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