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Brentwood City Commission Agenda
Meeting Date: 03/22/2021  
Second and Final Reading for Ordinance 2021-06 -- Proposing the Rezoning of Approximately 71 Acres at 9230 Old Smyrna Road from AR to R-2
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Second and final reading for Ordinance 2021-06, which proposes the rezoning of approximately 71 acres of land, located on the north side of Old Smyrna Road from the AR (Agricultural/Residential Estate) zoning district to the R-2 (Suburban Residential) zoning district. The subject property is located at 9230 Old Smyrna Road.
Background
Ordinance 2021-06 requests the rezoning of property currently owned by Mr. Roger Mick and located at 9230 Old Smyrna Road, which lies approximately one mile east of its intersection with Wilson Pike. The requested change is from the AR (Agricultural/Residential Estate) zoning district to the R-2 (Suburban Residential) zoning district.

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN

The proposed non-binding R-2 Concept Plan includes a total of 21 lots, having an average area of 2.68 acres.
 
HARLAN PROPOSED LOT AREAS -- R-2
LOT # AREA (SF) AREA (AC)
1 116,740.80 2.68
2 113,256.00 2.60
3 121,096.80 2.78
4 128,066.40 2.94
5 220,413.60 5.06
6 114,998.40 2.64
7 156,380.40 3.59
8 144,619.20 3.32
9 116,305.20 2.67
10 118,918.80 2.73
11 112,384.80 2.58
12 113,691.60 2.61
13 126,324.00 2.90
14 92,782.80 2.13
15 95,396.40 2.19
16 90,604.80 2.08
17 88,862.40 2.04
18 96,703.20 2.22
19 107,157.60 2.46
20 89,298.00 2.05
21 89,733.60 2.06
     
TOTAL 2,453,734.80 56.33
AVERAGE LOT AREA(AC) 2.68
 
The proposal does not request an increase in the number of lots as compared with those gained under the AR Concept Plan. The plan includes a right-of-way dedication of 100 feet along the entire frontage of Old Smyrna Road for future improvements. A prominent feature of the site is the stacked stone wall located along Old Smyrna Road, located in the proposed ROW dedication.

The project is envisioned as a gated private street subdivision called "Harlan". Access to the project is provided at one location on Old Smyrna Road approximately 3,000 feet (0.57 miles) east of Jones Parkway. The plan provides a total of approximately 2,400 linear feet of new privately maintained roadway. All streets would be constructed to City public street standards per the requirements of the Subdivision Regulations (Article 6.9). Other entrance and amenity features are also proposed. The property abuts Cloverbrook Drive on the north, which extends through the Brighton Wood Subdivision and eventually intersects with Cloverland Drive in Metro.  The proposed R-2 Concept Plan does not propose a connection to Cloverbrook Drive. Individual lots within the project would not have direct access to Old Smyrna Road.

The lots abutting the proposed 100-foot wide right-of-way dedication on Old Smyrna Road will provide a 150-foot wide rear yard setback as required by Section 78-165(b)3 of the zoning ordinance. A screening easement, located on private property and not required by the zoning ordinance is also provided along the rear of the lots.

The existing Mick home will be retained and will be situated on Lot 10 within the proposed subdivision.  According to the Williamson County Property Assessor, the home includes an area of 12,168 sq. ft. and was constructed in 1994. Several accessory structures/improvements are also located on the property. 

Included as part of the submittal was an AR Concept Plan, which illustrates how the property might be developed under the existing zoning district standards.  The AR Concept Plan also shows a total of 21 lots, all exceeding three acres in area. The plan also proposes approximately 3,000 linear feet of new publicly maintained roadways. No additional right-of-way dedication for Old Smyrna Road is shown on the plan. A connection to Cloverbrook Drive to the north is also shown, which could serve as a connection between Cloverland Drive and Old Smyrna Road through established residential neighborhoods. Six lots directly abut Old Smyrna Road. Access to Old Smyrna Road for these lots would be governed by Section 78-486(8) of the zoning ordinance, which requires that shared access easements be provided for lots that front an arterial or collector road.  Old Smyrna Road is designated as an arterial road by Section 78-483(a)15 of the Zoning Ordinance.  The shared access easements/driveways will be shown on the preliminary plan presented for Planning Commission review. 

As a part of the January 21st City Commission briefing, the project was presented as an additional informational item.  It was expressed that the developer consider an additional R-1/R-2 comparison plan.  That plan is attached below.  The possibility of further subdividing some lots to be smaller that two-acres and more compliant with R-2 standards was also discussed. City staff has been made aware that deed restrictions have been filed on the property relative to limiting further subdivision of the land. The City is not a party to such deed restrictions, and therefore, staff does not review or give an opinion about the document. The City does not enforce private deed restrictions. 

SCHOOLS

The proposed plan was provided to Williamson County Schools (WCS) for an assessment of the impact of the proposed development on the schools in the area. Schools serving the subdivision include Lipscomb Elementary, Brentwood Middle and Brentwood High School.  

Based upon the WCS review, the approximate student enrollment projections at build-out for this property are as follows:  
 
SCHOOL ENROLLMENT PROJECTIONS CAPACITY 10/21/2020 ENROLLMENT
10/21/2020
Lipscomb Elementary 11 780 588
Brentwood Middle 3 1,375 1,218
Brentwood High 3 2,000 1,740
 
 
TRAFFIC IMPACTS

A Traffic Impact Study (TIS) was prepared and a copy of the TIS was forwarded to Mr. Greg Judy with Neel-Shaffer Inc., who assists staff in the review of submitted plans. The applicant will pay for the Neel-Shaffer review per the requirements of Section 50-29(b) of the Municipal Code.

TIS Conclusions and Recommendations

Traffic Impact
  1. The trip generation estimate for Harlan is 75 percent lower than the City’s criteria for requiring a traffic impact study based on trip generation.
  2. The daily trips generated by Harlan will comprise 6 percent of the average daily traffic on Old Smyrna Road.
  3. The AM peak hour trips generated by Harlan will comprise approximately 3 percent of the total AM peak hour traffic on Old Smyrna Road.
  4. The PM peak hour trips generated by Harlan will comprise approximately 4 percent of the total AM peak hour traffic on Old Smyrna Road.
  5. Due to the low trip generation estimate of the proposed 21 single family homes, there is not expected to be a detrimental impact to traffic flow from the Harlan community.
Site Access
  1. The proposed site access should include one lane for traffic entering and one lane for traffic exiting Harlan.
  2. The following trees in the right-of-way on the north side of Old Smyrna Road should be removed to provide appropriate intersection sight distance along Old Smyrna Road.
    • An 18" walnut tree 73 feet east of the proposed access centerline;
    • A 30" hackberry tree 37 feet west of the proposed access centerline;
    • A 15" Cedar tree, 71 feet west of the proposed access centerline, and
    • An 18" Cedar tree, 80 feet west of the proposed access centerline.
The TIS established the background traffic growth by increasing the existing traffic by 2.5% annually until buildout in 2025. Traffic volumes was derived using TDOT data, collected in November 2019 and are summarized below: 
 
2019 Average Annual Daily Traffic -- 3,183 vehicles/day -- both directions;
2019 AM Peak Hour Traffic -- 621 Vehicles per hour -- both directions, and
2019 PM Peak Hour Traffic -- 436 Vehicles per hour -- both directions.

A projection of the additional trips produced by Windy Hill Park were included as part of the background traffic.

TIS Review Comments 

The following summarizes the Neel-Shaffer TIS review;
  • Review of the expected impacts from the Harlan development focused on its proposed access points and which scenario provides the most appropriate street connectivity. Overall, traffic capacity and congestion issues were not a key concern given the low number of new trips expected to be generated by the project.
  • Primary focus included considerations related to promoting travel safety and understanding preferred street access alternatives.
The project’s proposal to provide multiple direct driveway accesses Old Smyrna Rd (AR zoning scenario). Neel-Shaffer viewed this option as undesirable. Direct driveway connections with Old Smyrna Rd. is not advisable as this design approach is inconsistent with the City’s desire to promote access management practices along primary public streets.  Old Smyrna Rd. is classified as an arterial road per the ordinance.
  • Provisions for providing a secondary connection to the external road network via Cloverbrook Dr. was discussed during the TIS scoping meeting and included as part of the study’s review. Neel Shaffer commented that generally, they look favorably upon and encourage connectivity between adjacent development and land uses. This design technique has become a successful strategy in promoting mobility and reducing congestion around the city. The traffic study discussed positive and negative aspects to creating a secondary connection between Harlan and Cloverland Acres to the north. Neel-Shaffer did not take exception to the points mentioned in the TIS: benefits of local street connectivity, but also potential for trip diversion and isolated higher travel speeds within an existing residential neighborhood. The review noted that Jones Pkwy. currently functions as a viable north-south connection between Old Smyrna Rd and Cloverland Dr. Jones Pkwy is classified as a collector road by the city and contains traffic-calming features as part of its design. For these reasons, Neel-Shaffer did not offer a strong opinion favoring an external street connection to Cloverbrook Dr.
  • Although not deemed necessary at this time under proposed conditions, we recommend that city officials consider provision for an eastbound left-turn lane on Old Smyrna Rd. at the main Harlan access as part of any future comprehensive roadway improvements to Old Smyrna Rd.
  • It was suggested that the following roadway signing measures be implemented as part of the proposed development:
    • Install new intersection warning signs in both travel directions of Old Smyrna Rd in advance of the Harlan Main access driveway. The signs (W2-2) should be deployed as required by the Manual on Uniform Traffic Control Devices (MUCD) and include a retroreflective yellow strip on the sign post.
    • Install new speed limit sign, with white retroreflective strip on its post, for the eastbound travel direction just east of the south Jones Pkwy/Old Smyrna Rd intersection.
The proposed ordinance was approved on first reading on February 8, 2021. 

The community meeting was conducted February 25, 2021. A total of 26 residents attended the meeting.  A summary of the proceedings is attached below. 

The Planning Commission reviewed the request and provide its recommendations at its March 1, 2021 meeting. The Planning Commission voted nine for and one against (9-1) to recommend approval of the proposal to the Board of Commissioners.  Two citizens addressed the Board at the meeting;
 
Mrs. Deborah Fisher, 6575 Cloverbrook Drive
Mr. Steve Kroeger, 6016 Belle Rive Drive 

The public hearing was conducted on March 8, 2021.

Should 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 has found that they comply with the applicable provisions of the Zoning Ordinance for consideration by the Board of Commissioners.
Previous Commission Action
On March 8, 2021, the Board of Commissioners conducted the required public hearing for Ordinance 2021-06. Four citizens spoke regarding the proposal;
 
Mr. John Sanzo, 500 Stella Vista Court
Support for fewer driveways to Old Smyrna Road; saving trees and no roadway cut through to Cloverbrook Drive.
 
Mrs. Deborah Fisher, 6575 Cloverbrook Drive
Support for no cut through to Cloverbrook Drive; support for the proposed R-2 Concept Plan, without the cut through; would like to see greater rear yard setbacks in Harlan.  
 
Mr. Grant Hammond, 9303 Old Smyrna Road
Noted that the proposed R-2 concept plan is not that much different from Sneed Manor, when viewed from Old Smyrna Road; supports the reductions in the numbers of curb cuts and not cutting the stone wall, which is possible with the AR concept plan; supports the preservation of the trees along Old Smyrna Road. Mr. Hammond engaged and attorney to review the proposed deed restrictions. 

Mr. James Erlbacher, 9205 Sheridan Park Court
Support for the proposed R-2 Concept Plan. 

On February 8, 2021, the Board of Commissioners voted five for and two against (5-2) to approve Ordinance 2012-06 on first reading.  One citizen spoke under the Citizen Comments portion of the agenda. 

Mr. Grant Hammond, 9303 Old Smyrna Road expressed comments related to the reduced lot sizes as proposed by the R-2 Concept Plan. Generally, the eastern portion of Old Smyrna Road includes lots having larger areas.  

Fiscal Impact
Attachments
Ordinance 2021-06
Attachment B -- R-2 Development Plan
Vicinity Map
AR Concept Plan
AR/R-2 Side by Side Comparison
R-1/R-2 Comparison
Traffic Impact Study
Examples of Exterior Elevations of Homes
Owner Authorization
Neel-Schaffer Review
Community Meeting Summary
PC Review Memo
Signed Ordinance

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