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Brentwood City Commission Agenda
Meeting Date: 10/22/2018  
Resolution 2018-85 A Resolution Authorizing Changes to the OSRD Development Plan for the Witherspoon Subdivision
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2018-85, authorizes changes to the OSRD Development Plan for the Witherspoon Subdivision. The changes involve an increase in the amount of excess open space for the project of 0.43 acres, or from 81.29 acres (May 2018) to 81.72 acres (October 2018).
Background
The attached resolution requests approval of minor revisions to the OSRD Development Plan for the Witherspoon Subdivision. 

On October 1, 2018, the Planning Commission voted unanimously (9-0) to approve a revised preliminary plan for the Witherspoon  Subdivision.  As part of the review, the Planning Commission also voted, again unanimously to forward a recommendation of approval of the corresponding changes to the OSRD Development Plan for the project to the Board of Commissioners. 

The approved plan proposes the following:
  1. Revisions to lots 50, 55-60, 78, and 79;
  2. Revisions to Open Space GG and II.  
Lot # Area – 5-2018 (SF) Area – 10-2018 (SF) Difference (SF) Reason for difference
50 50,503 49,705 -798 Exclude corner 850 contour from lot
55 43,584 38,834 -4,750 Detention pond required additional space
56 43,608 32,267 -11,341
57 33,652 30,845 -2,807
58 32,122 31,580 -542
59 34,897 33,960 -937
60 43,402 45,765 2,363 Grading for detention pond allowed this lot to increase in area
78 23,595 25,020 1,425 Revised lot lines to allow more rear buildable yard for lot 78
79 29,203 27,777 -1,426
OS GG 38,894 56,858 17,964  
OS II 520,315 521,113 798  
EXCESS OPEN SPACE 81.29 81.72 0.43  
 
As a result of the changes, the amount of excess open space increased from 81.29 acres, from the last plan, approved in May 2018 to the currently proposed 81.72 acres. 

Approval by the Board of Commissioners of the revised OSRD Development Plan is necessary in accordance with the requirements of Section 78-185(b) of the Municipal Code.  

Should you have any questions or require additional information, please contact the Planning and Codes Director.  
Staff Recommendation
Staff recommends approval of Resolution 2018-85.
Previous Commission Action
On May 29, 2018 the Board of Commissioners voted to approve Resolution 2018-39, which authorized changes to the OSRD Development Plan for the Witherspoon Subdivision.  The changes included:
  1. The shifting of the alignment of Fordham Drive in Phase Five to the south, affecting lots 51-56; 
  2. Creation of a 15-foot wide shared driveway at the end of Fordham Drive for lots 52-54, and 
  3. A realignment of Berwyn Court, in Phase Six, which affects lots 78-90. 
As a result of the proposed modifications, the excess open space area for the project has also increased from 81.09 acres (Resolution 2018-05) to 81.29 acres.

On January 22, 2018 the Board of Commissioners voted to approve Resolution 2018-05, which modified the open space area within  the Witherspoon Subdivision.  Specifically,  the changes relate to the amount of excess open space provided for the project.   A miscalculation in the application of the open space for Sections Four and Five resulted in a reduction in the area of the overall excess open space provided for the project.  The error reduces the amount of excess open space a total of 9.22 acres, or from the original area of 90.31 acres a new area of 81.09 acres.

On September 25, 2017 the Board of Commissioners voted to approved Resolution 2017-72, which authorizes minor changes to the OSRD Development Plan for the Witherspoon subdivision.   These changes are primarily the result of updated property survey data. The proposed changes include:  
  1. A reduction in the overall area of the subdivision of 0.17 acres – from 260.72 acres to 260.55 acres.  The reduction is the result of a field run survey involving the east and south boundaries of the project.
  2. A reduction in the excess open space for the project of 0.15 acres – from 90.46 acres to 90.31 acres.
  3. Revisions to the phase lines between phases Four, Five and Six.
  4. Corrections to the areas of Lots 47-49, and revisions to the OSRD calculations.
Lots affected by the proposed revisions are 47-49, 60-65, and 95.  There is no change to the number of lots or the overall layout of the development.

At its March 13, 2017 regular meeting, the Board of Commissioners voted to approve Resolution 2017-18, which authorized acceptance of a multi-purpose pedestrian easement traversing the arterial road buffer along Crockett Road in Section One and the permanent open space in Section Eight of the Witherspoon Subdivision.

At its September 29, 2016 meeting, the Board of Commissioners approved Resolution 2016-68, which authorized changes to the OSRD Development Plan for the Witherspoon Subdivision.  The approved changes included;
  1. Minor lot line revisions to Lots 2, 43-50, 126, 127, and 145-147.  The lot line shifts resulted in one existing lot becoming a flag lot;
  2. Updated the utility layout for Sections 1-3, pre final design drawings;
  3. Revised the phasing and updated the OSRD calculations;
  4. The width of the grass strip between the curb and sidewalk has been increased to eight feet, with the exception of the area in front of the clubhouse which was reduced to five feet to preserve existing trees in the area;
  5. Revisions to the street tree planting and landscaping buffer plans;
  6. Revisions to the location of the sidewalk location adjacent to Lots 6 & 18;
  7. Revisions to the clubhouse layout and addition of amenities on open space “H”; and
  8. The construction of a pavilion in open space “G” is also included.  The improvement was not shown on the previously approved plan.  
The one aspect of the revised plan that does require review and approval by the Board of Commissioners is the proposed addition of the pavilion in open space area "G".  

At its meeting of January 12, 2016 the Board of Commissioners voted unanimously, seven for and zero against (7-0) to approve Resolution 2016-01, authorizing a minor alteration to the OSRD Development Plan for the Witherspoon Subdivision. The revised plan proposes an increase in the amount of excess open space for the project of 871.20 square feet (0.02 acres), or from the original approved area of 90.44 acres to 90.46 acres.

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
Attachments
Resolution 2018-85
Exhibit A -- Approved Preliminary Plan
Exhibit B -- Approved Landscaping Plans
Current OSRD Development Plan -- 5-2018
Section 78-185(b)
Signed Resolution

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