Print Return
  Public Hearing  
1.
         
Brentwood City Commission Agenda
Meeting Date: 06/08/2020  
Ordinance 2020-01 - Public Hearing for Ordinance Rezoning Approximately 28 Acres of Land Located on the North Side of Split Log Road from R-2 to OSRD on First Reading
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Public Hearing for Ordinance 2020-01, which  requests the rezoning of approximately 28 acres of land located on the north side of Split Log Road, 0.35 miles west of its intersection with Ragsdale Road. Specifically, the property is located at 9520 Split Log Road. The requested change is from the R-2 (Suburban Residential) zoning district to the OSRD (Open Space Residential Development) zoning district. 
Background
The attached ordinance proposes the rezoning of approximately 28 acres of property owned by Ken and Mary Jo Allen, which is located at 9520 Split Log Road.

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN 

The subject property proposed for rezoning presently includes rolling pastureland used for raising cattle. Tree cover is minimal. There is a 180-foot-wide Columbia Gulf Gas Transmission Line easement that encumbers the northwestern corner of the property. Three gas lines lie within the easement.  The proposed design includes the existing Allen residence, which will remain and be incorporated into the project. The existing house will sit on a 6.23-acre tract (Lot 18).  The Allens will continue to live on and own the property. According to the Williamson County Property Assessor, the house was built in 1991 and includes an area of approximately 3,428 square feet. There are also several accessory structures on the tract.

The proposed rezoning plan was originally scheduled for first reading on February 10, 2020.  Before the City Commission meeting, the applicant requested a deferral of consideration by the Board of Commissioners.The item was deferred to the March 9, 2020 agenda. The reason for the deferral primarily related to the size of the large lot and its potential to be further subdivided in the future once OSRD zoning was in place.  Since the deferral on February 10, the developers' attorney has prepared restrictive covenants that would apply to the large lot. At the March 9 meeting, the Board of Commissioners unanimously approved the ordinance on its first reading. 

On March 17, 2020 the developer was notified that staff recommended that the required community meeting be postponed due to the COVID-19 pandemic in an effort to be in compliance with the Governor's executive orders and the CDC guidelines regarding public gatherings. The community meeting was originally scheduled for April 2, 2020 but was not held until May 28, 2020.  Postponement of the community meeting stopped the rezoning process temporarily. Section 78-87(f) provides for a total of 120 days after a rezoning is placed on the agenda for first reading (February 10, 2020), to complete the rezoning process. The initial deadline to complete the rezoning process, as considered from February 10, 2020 was June 9, 2020. The staff requested deferral of the community meeting resulted in a 72-day delay (as counted from March 17 to May 28) in the consideration of the request. Since deferral of the community meeting was at staff's recommendation and due to circumstances beyond the applicant's control, it is recommended that the maximum number of days to complete the rezoning process for Ordinance 2020-01 be extended accordingly.  Second and final reading is currently scheduled for June 22, 2020. 

The Allens have agreed to sell their entire 28 +/- acre property to Turnberry Homes LLC.  If the proposed OSRD Development Plan is approved, at the time the final plat for the property is recorded, Turnberry Homes LLC will reconvey the 6.23-acre property (the "Allen Residence Lot"), identified as Lot 18 on the attached plan, back to the Allens, including the existing residential structure and the lot on which the structure is located in the anticipated shape and configuration shown on the proposed plan. The proposed subdivision restrictive covenants require that the lot on which the Allen residence is located shall not be further subdivided, but shall remain as currently configured. The restrictive covenants will be recorded at the Williamson County Register of Deeds Office along with the final plat and will run with the land.  A copy of the proposed Restrictive Covenant is attached below. The restriction would also be added as a note to the final plat.  

Adjacent to the property to the north and west is the Glen Abbey subdivision, also zoned OSRD.  To the east are two larger single-family tracts having approximate areas of nine to 11 acres, zoned R-2.  Across Split Log Road to the south lies the Taramore and Morgan Farms subdivisions, which are almost completely developed and also zoned OSRD.  

The developer has provided an R-2 concept plan that envisions how the property might be developed in accordance with the underlying zoning district.  The plan estimates that a total of 20 lots could be obtained if a divided Lot 18 is used as part of the subdivision design.The area of Lot 18 was used in the calculation of the number of lots that might be obtained under the R-2 zoning district, even though it is shown as one lot on the proposed development plan.

Access to the development is provided by a single street from Split Log Road that winds through the subdivision and connects to the north to Glenfiddich Trace in Section Two of the Glen Abbey subdivision, which was stubbed to the property line in anticipation of this future connection. At the intersection with Split Log Road, the plan proposes a divided street with a median section separating the flow of traffic that aligns with Ivy Crest Drive in the Taramore Subdivision. Engineering staff recommend this change to promote improved visibility and driver decision making accommodating both entrance and exit flow.  This was also a recommendation from the City's traffic consultant based upon his review of the plan. 

The plan also shows the proposed location of the Cluster Box Units (CBUs) as required for mail delivery by the United States Postal Service in an area east of Borrow Lane and south of proposed Lot 17. 

The specifics of the proposed development plan are shown in the following tables:
 
FEATURE AREA (SF) AREA (AC)
Average Lot Area  22,014 0.51
Smallest Lot area  17,600 0.40
Largest Lot area  271,276* 6.23
Open Space Required  138,573 3.18
Open Space Provided 495,137 8.19

*Please note that the calculation of the average lot size does not include the area of Lot 18 (6.23 acres) because the average areas of the smaller lots would be skewed showing larger areas. 
 
 
ALLEN PROPERTY REZONING
OPEN SPACE CALCULATIONS  2-26-2020
Total Site Area (AC) 27.99
Less R.O.W. dedication -- Internal streets 1.80
   
TOTAL 26.19
   
Less Areas in 25% Slopes 0.15
Plus 25% of slopes over 25% 0.04
Less Area in Electrical & Gas Easements 3.51
Plus 25% of Area in Electrical & Gas Line Easements 0.88
   
Total Usable Land Area (AC) 23.45
Less area in lots >1 acre 5.23
   
TOTAL LAND AREA AVAILABLE 18.22
   
Total Land Area Required @ 1 DUPA (AC) 18
Land Area in Lots 14.82
   
Open Space Required 3.18
Open Space Provided  11.37
Excess Open Space 8.19

The plan provides the required arterial road buffer, which is 150 feet wide as measured from the right-of-way of Split Log Road. The buffer extends to the east across Lot 18. Plantings, which will meet Code requirements will be added within the buffer consistent with those existing in the Glen Abbey, arterial road buffer.  If the plan is approved, and upon submittal of the preliminary plan for Planning Commission review, the developer will request that 70 trees be permitted to relocated from the buffer to a planting strip between the sidewalk and the back of the curb to serve as street trees. The reason for this request is related to the encumbrance of a jurisdictional wetland area and overhead utility lines along Split Log Road in the buffer. This request is consistent with Section 78-512(b)5c of the Municipal Code.  

Finally, the plan shows a perpetual scenic easement, as permitted by Section 78-186(c)2 of the Municipal Code, around a jurisdictional wetland and a stream at the front of the subdivision. The perpetual scenic easement will be left undisturbed and in its natural state. The City becomes a party to the easement once it is recorded. 
 
WATER AND SEWER 

The proposed project lies within the Owl Creek Drainage Basin.  However, because all lots will be required to provide grinder pumps, the effluent will be pumped over to a gravity line in the Glen Abbey Subdivision and through the Northumberland Subdivision in the Little Harpeth River Drainage Basin. Staff has confirmed that this tract was originally included in the Little Harpeth River sewer basin for modeling and master planning purposes.  The existing house will also be required to tie to sewer, also via grinder pump.  All lots will be required to participate in the City's Grinder Pump Maintenance Program and will be properly labeled as grinder pump lots. If the rezoning proposal is approved and before a final plat for the property can be recorded the developer will be required to pay a grinder pump installation fee of $1,900.00 per lot. 

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 Jordan Elementary, Sunset Middle and Ravenwood High School.   

Based upon the WCS review, the approximate student enrollment at build-out for the Allen Property subdivision is as follows:
 
Jordan Elementary -- 7 students
Sunset Middle -- 2 students
Ravenwood High -- 2 students

As background, the current capacity and enrollment numbers for the 2019/2020 school year, according to WCS data for the three impacted schools as of April 2019 are as follows:  Jordan Elementary (890 capacity/494 Students projected), Sunset Middle (869 capacity/578 students projected), and Ravenwood High (1,649 capacity/1,635 students projected).  Note that the projected figures are for the first month of the 2019/2020 school year. Please note that these figures were before the outbreak of the COVID-19 pandemic. 

The community meeting was conducted on Thursday May 28, 2020, at the Library. A total of 12 citizens attended the meeting.  Concerns expressed included: 
  • Drainage from Glen Abbey and the new development onto the neighboring properties – 9510 & 9528 Split Log Road;
  • The existing temporary dead end of Barrow in Glen Abbey – residents not aware that the road would be extended;
  • The new entrance aligning with Ivy Crest Drive in Taramore;
  • Additional traffic on Split Log Road;
  • Future subdivision of the 6.23 acre tract;
  • The elevation of the stub road in Glen Abbey – road cut through the hill and grading;
  • Removal of the perimeter fence – it will remain; and
  • Maintenance of the gas line easement – which is open space and will be maintained by the future HOA.
The Planning Commission is scheduled to review the request and provide its recommendations at its June 1, 2020 meeting. The public hearing before the Board of Commissioners is scheduled for June 8, 2020.  Second and final reading is scheduled for June 22, 2020. 

Should you have any questions or require additional information, please contact the Planning and Codes Director. 
Staff Recommendation
Not Applicable. 
Previous Commission Action
On March 9, 2020 the aboard of Commissioners voted unanimously, seven for and zero against (7-0) to recommend approval on first reading of Ordinance 2020-01.  

On February 10, 2020 the applicant requested a deferral of consideration of the request by the Board of Commissioners relating to the size of the large lot (Lot 18) and its potential to be further subdivided in the future once OSRD zoning was in place. Since the deferral on the developers' attorney has prepared restrictive covenants that would apply in perpetuity to the large lot. 

Fiscal Impact
Attachments
Ordinance 2020-01
Proposed OSRD Plan
R-2 Concept Plan
Cover Sheet -- OSRD Calcs
Boundary Plan
Grading & Drainage Plan
Slope Analysis
Entrance Feature Plan
Landscaping Plans
Road Profiles
Utility Plan
Proposed Restrictive Covenant -- Lot 18
Application for Water/Sewer Availability
Application Package
Community Meeting Summary
PC Review Memo -- Ordinance 2020-01

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved