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New Business 2.
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| Brentwood City Commission Agenda |
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| Information |
| Subject |
| Resolution 2017-42 authorizes changes to the OSRD Development Plan for the Ragsdale subdivision. The project is located on the west side of Ragsdale Road, approximately 0.40 miles northerly from its intersection with Split Log Road. |
| Background |
At its regular meeting of June 6, 2017 the Planning Commission approved revisions to the preliminary plan for the Ragsdale Subdivision. The proposed revised preliminary plan shows a total of 71 lots. The current approved OSRD Development Plan shows 76 lots. As part of its review, the Planning Commission also voted to forward a recommendation of approval of the corresponding changes to the OSRD Development plan to the Board of Commissioners.
The historic Fly/Wilburn house, ca. 1860, was originally sited on the subject property. The original log structure was removed from the property, without the knowledge of staff, by the previous owner in May 2015. The fact that the original log structure was removed without the proper permissions became an issue once it was discovered that the structure had been removed. Since late 2015, the developer has attempted to come to an agreement with the previous owner of the property in an effort to bring the house back to the property, but with no success.
The developer was obligated to sell the previous owner of the house approximately 3.02 acres within the project. As the negotiations continued, each time the agreement was discussed between the parties, the terms demanded by the previous owner changed. As mentioned, the developer has also been unable to compel the previous owner of the property to move the house back.
The original log structure is currently in storage. The previous owner had originally intended to rebuild the cabin to serve as a family retreat, adding bathrooms, bedrooms and a kitchen. The cabin was intended to be an accessory structure, subordinate to a future primary structure.
The developer’s representative, Tom White, provided a summary of negotiations with the owner of the log home to the Board of Commissioners at its April 6 briefing. Additionally, staff also briefed the Historic Commission at its May 19 meeting regarding the situation.
Finally, as mentioned above, the proposed plan shows five less lots than the original plan. Because of the reduction in the number of lots, the area of the permanent open space to be provided will be increased by 6.0 acres from 67.25 acres to 72.48 acres. The amount of the excess open space will be increased from 28.49 acres to 36.42 acres (7.93 acres). As a result of the loss in lots, the internal design of the entire project was reconfigured.
Should you have any questions or require additional information, please contact the Planning and Codes Director. |
| Staff Recommendation |
| Staff recommends approval of Resolution 2017-42. |
| Previous Commission Action |
In January 2017, the developer had proposed a rezoning of approximately 3.0 acres from OSRD to AR top provide a tract on which to place the Fly/Wilburn house. The original structure would be expanded to add bedrooms, bathrooms and a kitchen. The structure would be considered an accessory structure and would be subordinate to the primary future structure to be constructed ont he tract. The proposal was deferred by the developer as result of the lack of communication from the former owner of the property.
On November 23, 2015 the developer withdrew Resolution 2015-71 from consideration by the Board of Commissioners.
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 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. |
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| Fiscal Impact |
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