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Brentwood City Commission Agenda
Meeting Date: 05/23/2022  
Second and Final Reading of Ordinance 2022-04, As Amended, which Proposes to Assign the OSRD and R-2 Zoning Districts to the Properties Annexed Pursuant to Resolution 2022-34
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Second and final reading of Ordinance 2022-04, which proposes the establishment of a City zoning district for ≈ 84 acres of land, located west of Split Log Road and south of the existing Rosebrooke Subdivision. The subject properties are located within the Brentwood UGB, adjacent to the existing City limits and currently zoned MGA-1 by Williamson County. The properties would be assigned the OSRD (Open Space Residential Development) and R-2 (Suburban Residential) zoning districts. 
Background
The attached ordinance requests approval of the assignment of the Open Space Residential Development (OSRD), and R-2 (Suburban Residential) zoning districts to ≈ 84 acres located north and west of Split Log Road. The subject properties are all currently zoned MGA-1 by Williamson County and are located within the City's Urban Growth Boundary (UGB) and adjacent to the existing city limits. The assignment of zoning is being considered in conjunction with an annexation request for the properties. The properties under consideration for annexation are currently under the ownership of three different property owners. The properties for which annexation is requested are summarized in the table below. 
 
PROPERTY DESCRIPTION -- ROSEBROOKE SOUTH 
OWNER ADDRESS PARCEL # AREA (AC)
Split Log Farms LLC Split Log Rd. 055 01400 52.21
Bruce Sudano 2015 Family Trust 9814 Split Log Rd.  055 01401 25.00
John A. & Norma D. McArthur 9824 Split Log Rd. 055 01001 7.12
 
TOTAL  84.33 +/-

The total combined area of the properties as included as part of the development plan (OSRD/R-2) is ≈ 77.21 acres. The area proposed for annexation includes one property that will remain under separate ownership that is not part of the development plan and has an area of 7.12 acres, bringing the total land area proposed for annexation to 84.33 acres. Please note that this area does not include the Split Log Road ROW.

A total of 69.69 acres is proposed to be assigned the OSRD district, while a total of 7.52 acres, which is also shown on the development plan and fronts on Split Log Road, is proposed to be assigned the R-2 district.  This area is proposed to be divided into three lots having an average area of ≈ 2.26 acres. There is also a 0.75 acre ROW dedication. Additionally, the McArthur property, which includes an area of 7.12 acres will also be assigned the R-2 district.  Since first reading of the ordinance, the owners of the other "enclave" property (the Culbreths -- 2.21 ac.) decided to withdraw their request for annexation so their property is no longer included and will continue under Williamson County zoning authority. 

Staff is requesting that the McArthur property also be assigned the R-2 zoning district because the technical standards of the R-2 district most closely resemble those of the MGA-1 district. 

The proposed development plan shows a proposed future alignment of Split Log Road, which was developed in 2014.  An updated final alignment for the road has not yet been finalized. City staff and consultant are in the process of developing a more refined alignment of the future improvements. The proposed development plan reflects measurement of lot setbacks and OSRD buffers from the 2014 alignment which reflects a right of way dedication by the developer well in excess of the standard 45' dedication along an arterial road.  If the final Split Log Road alignment requires additional right of way beyond what is reflected on these plans, the developer will be expected to provide the necessary additional right-of-way, with the current lot setback and buffer measurements being grandfathered.

According to the Property Assessor there is one home currently located on Parcel Number 055 01401 (Sudano) that includes a total area of 13,279 square feet. The house will remain as part of the development plan and is shown on Lot 160. There are also a house and barn on the McArthur property. 

The proposed OSRD Development Plan for a portion of the property includes a total of 47 lots, which yields an overall OSRD density of 0.67 dwelling units per acre (DUPA).  The average lot size for the OSRD portion of the property is 35,132 sq. ft. or 0.81 acres. 

Overall, the density of the Rosebrooke South project (OSRD & R-2) -- 50 lots, is 0.65 DUPA (including the three R-2 lots, but not including the McArthur property as it will remain under separate ownership and is not part of the development).

An R-2 concept plan was also included as part of the submittal.  That plan also showed a total of 47 lots, all at or above the required one-acre lot area.  

Since first reading of the ordinance, several changes have concurred to the plans, as a result of staff comments:
  1. The splitter islands in the entrance streets have been revised, relocating them outside the proposed Split Log Road ROW.
  2. If the property is annexed Split Log Road will be designated as an arterial street. 
  3. Based upon the recommendation of Mr. Judy, Road K has been redesigned as a "Collector" street from its intersection with Southwick Drive to Split Log Road.  
  4. The 100-year floodplain has been added to the plans. 
Several other comments were provided by staff, which will be addressed as part of the preliminary plan and/or construction plan review process.

The changes have resulted in a slight modification to the open space calculations, reducing the amount of excess open space from 16.84 acres to 16.60 acres (0.24 ac.). The comparison of the open space calculations as originally submitted and those provided as part of the re-submittal are attached below.   

Note that Lot 174 is shown as a "Flag Lot". The configuration of this lot will meet the requirements of Article 6.15 of the Subdivision Regulations. The Planning Commission has the authority to approve flag lots if all the requirements detailed within the article are met. 

Sewer service to the property is provided by Metro Water Services, while water service is provided by the Nolensville College Grove Utility district. The project will not impact the City's water/sewer infrastructure. 

The tract can be developed under the existing zoning classification in the County. But it is desirable that the properties develop under the Brentwood standards. The MGA-1 district was established in 2013 and assigned to all properties outside municipal boundaries and within the various UGBs around the County. The district standards require a minimum lot area of one acre and a gross density of one dwelling unit per acre, similar to the City's Suburban Residential (R-2) district.  However, there are differences in the technical standards related to accessory uses and structure standards. MGA-1 allows the following accessory uses/structure standards:
  1. Accessory dwelling units within an existing dwelling unit (interior apartment) or as a separate or converted structure (converted garage, carriage house or stable);
  2. Only one accessory dwelling unit, regardless of the number of principle dwellings located on a single parcel are permitted;
  3. Accessory dwellings shall be limited to 750 sq. ft. or 25% of the square footage of the principal structure, whichever is greater. In no case shall the accessory dwelling be more that 75% of the square footage of the principal dwelling; and 
  4. Interior apartments may be contained within the existing house or attached onto the exterior. They must be constructed so that the exterior appearance of the home is maintained. A second front door is not permitted.
Please note that the County does not regulate the existence or operation of Short Term Rentals (STRs) in the MGA-1 district.  Requirements are that each operator must register with the County and collect the applicable Hotel/Motel taxes, which are charged to the occupant and collected by the property owner. 

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. Based upon the WCS review, the approximate student enrollment projections at build-out for the Rosebrooke South properties are as follows:
 
Jordan Elementary -- 21 Students;
Sunset Middle -- 12 Students 
Ravenwood High -- 9 Students 

The current capacity and enrollment numbers for the 2020/2021 school year, according to WCS data for the three impacted schools as of September 2, 2021, are as follows: Jordan Elementary (890 capacity/593 students enrolled), Sunset Middle (869 capacity/621 students enrolled), and Ravenwood High (1,649 capacity/1,875 students enrolled).  Note that the enrollment for Ravenwood High exceeds its capacity, but construction is underway to enlarge the school.

TRAFFIC IMPACTS

A Traffic Impact Study (TIS) was provided as part of the initial request for annexation of the property.  A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Schaffer Inc., who assists staff in the review of the submitted TIS. The applicant will pay for the Neel-Schaffer review per the requirements of Section 50-29(b) of the Municipal Code.

Site Traffic 
 
ROSEBROOKE ADDITION
TRIP GENERATION (1)
 
Proposed Development
ITE
Land Use
Code
 
Total
Units
 
Daily
Trips
A.M. Peak Hour P.M. Peak Hour
Enter Exit Total Enter Exit Total
Rosebrooke South (50 Single Family Detached Homes)  
210
 
50 Homes
 
550
 
10
 
30
 
40
 
33
 
19
 
52
Rosebrooke East (74 Single Family Detached Homes)  
210
 
74 Homes
 
788
 
14
 
43
 
57
 
48
 
28
 
76
(1)       Trip Generation Manual, 10th Edition published by the Institute of Transportation Engineers (ITE)
 
A copy of the Executive Summary, which is included as part of the TIS is attached below.  Additionally, the entire TIS is also attached below. 

The TIS recommends the following improvements be incorporated to the design of the proposed access to Split Log Road (Access #1) include the following.  

Split Log Road at Project Access #1
  • The intersection is projected to operate at acceptable levels of service in total traffic conditions during the am. and p.m. peak hours. 
  • The project access should be constructed to allow a minimum of one ingress lane and two (2) egress lanes with a storage length of 75 feet.
  • This proposed access will be near the location of an existing driveway on a generally straight section of Split Log Road and should provide acceptable intersection sight distance. Site plans for the Rosebrooke Addition should confirm that acceptable intersection sight distance per AASHTO guidelines will be available at this intersection.
As mentioned above the TIS was forwarded to Neel-Schaffer for their staff review.  Neel-Schaffer (N-S) staff generally took no exceptions to the study's conclusions and recommendations.   The following remarks were included as part of the review. 
  • N-S recommended that designers coordinate with City staff on the preferred position of Driveway Access #1 in Rosebrooke South. The focus should be placed on achieving appropriate spacing between Access #1 and Sam Donald Rd. Under ultimate build-out conditions, N-S staff believes that there is a likelihood that there will be northbound and southbound left-turn lane pockets on Split Log R. at Access #1 and Sam Donald Rd. Because of the traffic interactions between these turn lanes, the review highlighted the importance of maintaining sufficient spacing between these intersections.
  • The N-S review noted the absence of a traffic figure summarizing the trip assignments resulting from Rosebrooke East (Figure 6B) from the report. We advise that the traffic study should be reviewed and updated accordingly to ensure the information is documented in the study and included in its traffic analysis.
  • N-S staff could not confirm that the traffic study’s analysis referenced and used actual traffic signal timings as maintained by the City. Based on the review of the detailed capacity reports included in the appendix, the assessment inferred that traffic signal clearance intervals and maximum green settings were assumed and vary from currently implemented signal timings. It was recommended that the traffic study be reviewed to confirm use of proper traffic signal timings. Analysis results for existing and background conditions should be updated to reflect any respective changes in traffic signal timings.
  • While N-S staff generally concurred with the study’s recommendation that the planned future improvements to Split Log Rd should include inclusion of a new southbound left-turn lane at Sam Donald Rd., N-S recommend that the Rosebrooke development incorporate the southbound lane into its planned off-site improvements if the City determines that the timeline for the Split Log Rd. improvement projects extends beyond the development’s build-out year of 2027. It is important that the left-turn lane be in place by the completion of the Rosebrooke East development.
  • N-S staff suggested that City staff consider the feasibility of including short left-turn lane pockets on Split Log Rd. at its intersections with Driveway Accesses 1, 2 and 3 as part of its design of the planned Split Log Rd. widening.
The developer will be expected to design the project in consideration of the recommendations included as part of the TIS and the recommendations from Neel-Schaffer. 

The request will track along the following hearing schedule.  
 
REMAINING HEARING SCHEDULE
April 11, 2022 Board of Commissioners -- First Reading of the Ordinance Assigning OSRD and R-2 to the Properties
April 28, 2022  Required Community Meeting -- 6:00 p.m. -- Annex Room 
May 2, 2022 Planning Commission -- Review & Recommendation of the Ordinance Assigning OSRD and R-2 to the Properties
May 9, 2022 Board of Commissioners -- Public Hearing on the Ordinance Assigning OSRD and R-2 to the Properties
May 23, 2022 Board of Commissioners – Second and Final Reading of the Ordinance Assigning OSRD and R-2 to the Properties
  
May 23, 2022 Board of Commissioners – Review of Resolution Annexing the properties into the City of Brentwood
 
A total of six residents attended the community meeting.  A copy of the staff notes from the meeting is attached below. 

On May 2, 2022, the Planning Commission voted unanimously, nine for and zero against to forward a recommendation of approval of Ordinance 2022-04 to the Board of Commissioners.  

Should you have any questions or require additional information, please contact the Planning and Codes Director.  
Staff Recommendation
Staff has reviewed the proposed ordinance and the associated documentation 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 May 9, 2022, the Board of Commissioners conducted the required Public Hearing for Ordinance 2022-04. On resident spoke during the public hearing. 
Ms. Kristina Manzano, 2668 Benington Place, Nolensville  

On April 11, 2022, the Board of Commissioners voted unanimously, seven for and zero against (7-0) to approve Ordinance 2022-04 on first reading.  

On March 28, 2022, the Board of Commissioners conducted the required public hearing for the plan of services and the annexation.  No one spoke during the public hearing. 

On February 14, 2022, the Board of Commissioners voted unanimously six for and zero against (6-0) to approve Resolution 2022-09, scheduling the required public hearing for the plan of services for March 28, 2022.
 

Fiscal Impact
Attachments
Ordinance 2022-04 -- As Amended
Attachment C- Revised Dev. Plan & OS Calcs
OS Comparison -- Rosebrooke South
R-2 Concept Plan
Project Rendering
Rosebrooke South Landscape Sheets
Rosebrooke South -- Tree Preservation Sheets
Rosebrooke South -- Trees to Remain Listing
Rosebrooke South -- Trees to be Removed Listing
Owner Authorizations
Resolution 2022-34
Staff Notes -- Community Meeting
PC Review Memo -- Ordinance 2022-04
Signed Ordinance

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