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Brentwood City Commission Agenda
Meeting Date: 11/25/2019  
Resolution 2019-104 - A Resolution Authorizing Minor Changes to the OSRD Development Plan for the Witherspoon Subdivision
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2019-104 requests approval of minor revisions to the OSRD Development Plan for the Witherspoon Subdivision.  
Background
Resolution 2019-104 authorizes minor changes to the improvements within the permanent open space for the Witherspoon Subdivision.  The project includes a total of 153 lots on approximately 261 acres of land. Specifically, the changes to the OSRD Development Plan relate to the locations of the Cluster Box Units (CBUs) as required by the U.S. Post Office.  The locations are all located in the permanent open space for the subdivision.  The CBUs will serve the remaining sections of the subdivision  The following table details the specific locations of the CBUs in the subdivision.
 
STREET NAME SECTION OPEN SPACE
AREA
FORDHAM DRIVE WEST 5 FF
FORDHAM DRIVE EAST 5 HH
BERWYN COURT 6 BB
EDENWILDE DRIVE  7 K
JOSLIN COURT 8 F

At its November 4, 2019 regular meeting, the Planning Commission voted unanimously 9 for and zero against (9-0) to approve a revised preliminary plan for the Witherspoon Subdivision.  

The area of the permanent open space is not affected by the proposed improvements. 

The approval of the preliminary plan by the Planning Commission was contingent upon the Board of Commissioners approval of the corresponding revisions to the OSRD Development Plan for the project.  

Because the proposal affects the improvements within the permanent open space, approval by the Board of Commissioners of the revised OSRD Development Plan is necessary, per the requirements of Section 78-185(b) of the Municipal Code.  

Should you have any questions, please contact the Planning and Codes Director.
Staff Recommendation
Staff recommends approval of Resolution 2019-104.
Previous Commission Action
On April 22, 2019 the Board of Commissioners voted to approve Resolution 2019-42 which authorized changes to the OSRD Development Plan for the Witherspoon Subdivision.  The project includes a total of 153 lots developed on approximately 261 acres of land. Specifically, the changes relate to slight reconfigurations of the streets alignments, areas of the lots in Phases Seven and Eight and areas of several open space areas within the affected phases.  

On October 22, 2018 the Board of Commissioners approved Resolution 2018-85, which authorized changes to the OSRD Development Plan for the Witherspoon Subdivision. The changes involved 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).

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 October 26, 2017 the Board of Commissioners approved Resolution 2017-78 authorizing the acceptance of bequest from estate of O'Delle K. Holt and renaming the City's public library as "The John P. Holt Brentwood Library".

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 2019-104
Exhibit A -- Revised OSRD Dev. Plan
Exhibit A -- Mailbox Location Exhibits
Vicinity Map
OSRD Calculations
Sec 78-185(b)
Signed Resolution

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