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Brentwood City Commission Agenda
Meeting Date: 10/09/2017  
Ordinance 2017-17 - An Ordinance Accepting The Dedication of 3.13 Acres of Land Located at the Intersection of Split Log and Ragsdale Roads
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Ordinance 2017-17 authorizes acceptance of dedication of a tract of land, having an area of approximately 3.13 acres and located in the northeast quadrant of the intersection of Split Log and Ragsdale Roads.
Background
Ordinance 2017-17, if approved, provides for the formal acceptance of approximately 3.13 acres of land that is presently included as part of the permanent open space for the Tuscany Hills Subdivision.  The property is located at the intersection of Split Log and Ragsdale Roads.  Acquisition of the tract will provide a site for the future construction of a new fire station which will serve the southeastern portion of the City.  Please note that there are no immediate plans for construction of the new fire station.  Timing of construction for the station would be considered as part of the development of the FY 2019-2024 Capital Improvements Program next spring.  
   
City staff and the developer of the Tuscany Hills Subdivision, Kevin Hyneman, have been discussing the possibility of a land dedication for a new fire station for several months.  The original proposal was presented at a City Commission briefing on May 18, 2017.  A revised proposal shifting the access to Ragdsale Road was presented at the briefing on July 20, 2017. The latest proposal reduces the area of the dedication slightly from 3.20 acres to 3.13 acres.  Access to the site from Ragsdale Road remains unchanged .  

The 3.13 acres would be conveyed to the City at no cost. Dedications of this nature to public agencies are credited as open space, based on 100 percent of the area of the dedication, under Section 78-187 of the Zoning Ordinance - Open Space Credit for Community Wide Benefits. 

The property is currently owned by Lindsey Butler of Trace Construction Inc. Mr. Butler is the developer of Section Six of the project.  Mr. Hyneman is in the process of purchasing the remaining property from Mr. Butler to finish the development.  

A concept plan has been developed that shows the future fire station fronting Ragsdale Road.  The plan shows a building footprint measuring approximately 80' x 65' or 5,200 square feet. The total area of the two story building would be approximately 10,400 square feet.  The design of the building has not yet begun, but it is envisioned that the structure will resemble a residential home and will incorporate exterior materials consistent with other homes in the area.

As part of these property dedication discussions and as a way to facilitate pedestrian access to the new elementary school on Split Log Road, the developer of Tuscany Hills has agreed to build a six-foot wide sidewalk from Tuscany Way eastward, within the existing northern right-of-way, approximately 810 feet to the western boundary of parcel number 055 02401, which is owned by Alexander Davidoff.  City staff will coordinate with Mr. Davidoff regarding the sidewalk extension across the front of his property as part of the development of the sidewalk plans.   The remaining 325 feet of sidewalk across the frontage of the Davidoff property to the Williamson County Schools property will be constructed by the City. WCS will continue the sidewalk on its property to the school entrance.  Addition of this section of sidewalk will allow students living on the north side of Split Log Road to safely walk or bike to school without crossing the street.  

Ordinance 2017-17 was passed on first reading by the Board of Commissioners on August 28.  On September 5, the Planning Commission reviewed the ordinance and recommend that the Board of Commissioners defer further consideration for 30 days to allow the developer of the Tuscany Hills Subdivision to conduct a community meeting with the residents of the subdivision.

On September 11, the Board of Commissioners voted to defer second reading of the ordinance.  A community meeting was held with Tuscany Hills homeowners and the developer on September 18.  Approximately thirty residents attended the meeting.  Those attending the meeting who expressed opposition to the land dedication identified the concern about diminished property values and the aesthetic impact of a future fire station on the neighborhood.  There were also questions about whether the fact a portion of the land to be dedicated is already platted as open space for Section Six should require some level of homeowner approval prior to transfer.

At its meeting on October 2, the Planning Commission voted 7-2 to recommend approval of the ordinance to the City Commission with an additional recommendation that the City continue to look for other land options in this general area for a fire station, and if other land is acquired that this 3.13 acre tract be returned to the Tuscany Hills development as open space.

Please contact the Planning and Codes Director should have any questions.
Staff Recommendation
Staff recommends passage of Ordinance 2017-17 on second and final reading.
Previous Commission Action
On September 11, 2017, the Board of Commissioners unanimously deferred Ordinance 2017-17.

At the September 5, 2017 meeting, the Planning Commission voted unanimously nine for and zero against (9-0) to recommend that the Board of Commissioners defer consideration of Ordinance 2017-17 for 30 days to allow the developer of the Tuscany Hills Subdivision to conduct a community meeting with the residents of the subdivision. 

On August 28, 2017, the Board of Commissioners unanimously voted for passage of Ordinance 2017-17 on first reading.  

On March 25, 2013 the Board of Commissioners approved Resolution 2013-26, authorizing changes to the OSRD plan for Tuscany Hills involving an increase in the area of the excess open space for the project from 5.48 acres to 5.65 acres.

On May 26, 2009 the Board of Commissioners approved Resolution 2009-36, which authorized minor changes to the OSRD Development Plan for the Tuscany Hills Subdivision, decreasing the excess open space from 5.80 acres to 5.48 acres.

On September 25, 2008 the Board of Commissioners approved Ordinance 2008-13 on second and final reading. The ordinance rezoned property located on the north side of Tuscany Hills subdivision, east of Ragsdale Road & north of Split Log Road from R-2 to OSRD.

On January 14, 2008 the Board if Commissioners approved Resolution 2008-03, which approved an alteration to open space within the Tuscany Hills subdivision.

On October 11, 2007 the Board of Commissioners approved Resolution 2007-80, which allowing sewer tap fee credits to Kevin Hyneman Companies for construction of certain off-site sewer improvements serving the Tuscany Hills subdivision.

On September 24, 2007 the Board of Commissioners approved Ordinance 2007-21 on second and final reading. The ordinance rezoned property east of intersection of Split Log Road and Ragsdale Road, adjacent to eastern boundary of Tuscany Hills from R-2 to OSRD.

On February 26, 2007 the Board of Commissioners approved Ordinance 2007-02 on second and final reading. The ordinance rezoned property located in the NE quadrant of intersection of Split Log Road and Ragsdale Roads abutting to the west Tuscany Hills subdivision from R2 to OSRD. This action related to the Bellasara subdivision, which has now been annexed into Tuscany Hills.

On June 22, 2006 the Board of Commissioners approved Resolution 2006-43, approving a alteration to permanent use of open space at Tuscany Hills subdivision.

On May 24, 2004 the Board of Commissioners approved Resolution 2004-23, which approved an alteration to permanent use of open space at the Tuscany Hills subdivision to allow for reconfiguration of the open space.

On February 25, 2004 the Board of Commissioners approved Ordinance 2004-05 on second and final reading. The ordinance established the OSRD zoning classification for the area annexed by Ordinance 2004-04.

Also on February 25, 2004 the Board of Commissioners approved Ordinance 2004-04, on second and final reading. The ordinance authorized the annexation of an area adjacent to Split Log Road (Tuscany Hills).

Fiscal Impact
Attachments
Ordinance 2017-17
Attachment B -- Proposed Revised Preliminary Plan
Site Plan -- No Topo
Site Plan -- Topo
Current Approved Plan
Authorizations
Sec. 78-187
BK 6282 PG 444
BK 6839 PG 677
Sec. 78-185(b)
PC Review Memo -- Ord. 2017-17
Denied Ordinance

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