The attached ordinance provides for the rezoning of a three-acre tract that was originally included in the approved OSRD plan for the Ragsdale Subdivision. Specifically, the subject property is located in the southeast corner of the project. The requested change is from the OSRD zoning district to the AR zoning district.
The Ragsdale subdivision was rezoned pursuant to Ordinance 2014-18, which was approved on January 26, 2015. A brief history of the approval history is included below.
Current Rezoning Request
The three-acre tract proposed for rezoning lies on the south side of the Ragsdale Subdivision and fronts Ragsdale Road and would have direct access to the road. There are some steep areas at the front of the lot, which slopes down to the road, requiring that the proposed building envelope be set back from the slopes. The proposed building envelope has been located outside of the steep slopes. The submitted plan shows the future footprint of the Fly/Wilburn house, along with a note stating that the house will be moved to the location as indicated on the plan.
Lennar Homes of Tennessee, the developer of the project, is currently working with the original property owner, John Griggs, Jr., to craft an agreement that would call for moving the log structure back onto the tract to be rezoned to AR, in a time period to be specified in the agreement. The log structure would be placed to the rear of the lot and a new home would be built in front of the structure. Mr. Griggs has told staff that the original structure would be restored and expanded, adding a kitchen area, a bathroom and bedrooms. The restored home would not be used as a permanent residence but would be used to allow visiting family members to spend the night there occasionally. Mr. Griggs spent time on the farm and in the house as a child and appears to be particularly interested in preserving the structure and maintaining its historic integrity. Note that Zoning Ordinance standards allow living quarters in accessory structures on parcels three acres or more in size.
The three-acre tract has been removed from the Ragsdale subdivision project area reducing it to 112.29 acres from 115.29 acres. The revised open space calculations meet the requirements of the OSRD standards.
One concern that may affect the timing of when the house might be moved back onto the property relates to utility services. Sewer service to the subdivision and subsequently the AR lot will be extended from the end of the line in Wicklow Road in the Glenellen Estates Subdivision. An easement has already been acquired across the Lazas property, which lies between the Glenellen Estates and Ragsdale Subdivisions. As part of the development of Ragsdale, sewer services must be run through the Lazas property, across the front of the Ragsdale property to connect to the adjoining subject property. Current policy is that the owner of the AR tract would not be able to obtain a permit unless he has access to water/sewer services. Additionally, a certificate of occupancy would not be issued until the new structures are connected to the sewer system. The work to extend sewer service to the site is significant and no plans have been approved at the present time.
The developer has proposed a complete bonding of the entire new sewer line in order to move through the rezoning process and therefore facilitate the relocation of the Fly/Wilburn house back onto the property. The developer has been coordinating with Water Services Department staff regarding the proposal. Alternative methods of sewerage disposal have been discussed and include the installation of a temporary septic tank, which must be approved by the Board of Commissioners. The septic tank would be removed when the connection to public sewer becomes available.
If the proposed ordinance is approved, the developer will present a revised preliminary plan to the Planning Commission for its review.
Approved OSRD Plan - History
The current OSRD development plan, approved by the Board of Commissioners on January 26, 2015, shows a total of 76 lots. The average lot size is approximately 22,580 square feet (0.52 acres). The smallest lot includes an area of 15,090 square feet (0.35 ac), while the largest lot includes an area of 131,630 square feet (3.02 ac). OSRD requires a minimum lot size of 14,000 square feet (0.32 ac.). The proposed density is 0.66 units per acre.
At its regular meeting of July 6, 2015, the Planning Commission voted unanimously (9-0) to approve a revised preliminary plan for the project. Because the plan proposed changes to the amount of excess open space and included modifications to the proposed amenity improvements (including the natural trail and its surface and the preservation of the historic Fly-Wilburn home) the corresponding changes to the OSRD plan required the approval of the Board of Commissioners. Resolution 2015-71 was deferred by unanimous vote of the Board on Commissioners on October 26, 2015. The request returned to the Board of Commissioners for consideration on November 23, 2015 but was subsequently withdrawn.
Subsequently, a preliminary plan has not been approved for the project because the Planning Commission approval granted on July 6, 2015 was contingent upon the Board of Commissioners approval of the corresponding revisions to the OSRD plan, which has not occurred.
Proposed Plan -- Presented for Background Information Only
Submitted along with the plan showing the area proposed for rezoning was a complete preliminary plan for the remainder of the project. The site calculations are shown on the following table.
| Kensington Farms (fka Ragsdale Subdivision) |
| Area of project |
112.29 (ac) |
| Number of Lots |
71 |
| Residential Density |
0.63 DUPA |
| Largest/Smallest Lot Area (sf) |
30,361/15,030 |
| Open space Required |
36.06 ac. |
| Open Space Required |
69.48 ac. |
| Excess Open Space |
33.42 ac. |
The draft OSRD calculations meet the requirements of the Code.
Fly/Wilburn House
The Fly-Wilburn House was located on the property. The home was uninhabited for some time and was in an extreme state of disrepair; however, the original log core was salvageable. The siding and interior was removed, exposing the log home, which was removed by the former property owner and is currently stored off-site.
The structure has been designated a "historically significant site" by the Board of Commissioners, per Resolution 2000-11, a copy of which is attached. . The existing home was constructed around an original log cabin, estimated to have been built around 1860. The new plan provides for relocation of the historic home to a new location on the Ragsdale property. Other existing structures will be demolished as part of the development of the property.
The Historic Commission will be briefed on the status of the development as more details become available.
The developer has been attempting to submit a revised preliminary plan for review by the Planning Commission; however, because a final resolution regarding moving the historic house back onto the property was not yet determined, the request was deferred on several occasions by staff.
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If approved on first reading, the proposed ordinance will be included on the April 4, 2017 Planning Commission agenda for its review and recommendation. Prior to that meeting, the applicant will conduct a community meeting with adjacent property owners within 1,000 feet of the project to explain the proposed rezoning and to answer any technical questions regarding the tract. The public hearing is scheduled for April 10, 2017, with second and final reading anticipated on April 24, 2017.
Should you have any questions, or require additional information, please contact the Planning and Codes Director. |
There has been no recent action by the Board of Commissioners regarding the subject property.
On October 26, 2015, The Board of Commissioners voted unanimously seven for and zero against (7-0) to defer consideration of Resolution 2015-71, which authorizes an alteration to the OSRD Development Plan for the Ragsdale Subdivision, to the November 23, 2015 meeting.
On January 26, 2015 the Board of Commissioners voted six for and one against (6-1) to approve Ordinance 2014-18 on second and final reading.
On January 13, 2015 the Board of Commissioners conducted the required public hearing for the proposed ordinance. A total of two citizens spoke at the hearing.
On November 10, 2014 the Board of Commissioners voted to approve Ordinance 2014-18 on first reading by a vote of six for and one against (6-1). The vote included a deferral of further action on the ordinance until January, 2015, with the Planning Commission to review the ordinance on January 5, followed by public hearing on January 13, and final reading on January 26; provided further that the period between December 1, 2014 and January 5, 2015 will not count toward the applicant’s 120 day limit for completing the rezoning process. Approval of the deferral action was unanimous.
On October 13, 2014, the applicant requested deferral of consideration by the Board of Commissioners of the proposed rezoning ordinance to allow additional time to further develop the previously submitted R-2 plan and to make necessary revisions to the proposed OSRD development plan for the project. |