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Old Business 1.
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| Brentwood City Commission Agenda |
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| Information |
| Subject |
| Second and final reading for Ordinance 2021-07 as amended, which requests the rezoning of 116 +/- acres of land located approximately 0.40 miles north of the intersection of Split Log and Ragsdale Roads. The request involves three properties located at 1647 and 1655 Ragsdale Road. The requested change is from the OSRD (Open Space Residential Development) zoning district to the OSRD-IP (Open Space Residential Development-Innovative Project) zoning district. |
| Background |
The attached ordinance requests the rezoning of approximately 116 +/- acres of land located along Ragsdale Road. The requested change is from the OSRD zoning district to the OSRD-IP zoning district. The properties have been used as pasture land for raising cattle for many years. The property has been allowed to become overgrown with weeds as cattle are no longer run on the land.
On April 12, 2021, the Board of Commissioners voted unanimously (7-0) to approve Ordinance 2021-07 on first reading. Subsequently, on April 26, 2021, the request was deferred from further consideration by the applicant due to the identification of a blue line stream located in the NW corner of the property. The stream was discovered through a follow-up investigation of the project by the Corps of Engineers. The identification required a redesign of the plan in the area reducing the overall number of lots from 70 to 66, reconfiguring the streets and eliminating the previously proposed wall in the buffer area. Due to these modifications, the Ordinance has been amended and must be reconsidered by the Board of Commissioners on first reading. Section 78-87(f)1 of the Municipal Code provides a total of 120-days for the applicant to complete the rezoning process once a request is placed on an agenda for first reading. The 120-day time period extends to August 10, 2021. The deferral also delayed the community meeting, which had already been noticed. The applicant will be required to notify the adjacent property owners within a 1,000-foot radius of the property again if the revised request is approved on first reading.
As noted above, the subject property involves three parcels of land, one being the historic Fly family cemetery. The cemetery will be preserved as part of a scenic easement placed on the property and be protected throughout the length of construction. The cemetery includes an area of approximately 0.18 acres. It is located on a hill in the middle of the pasture. There were 12 burials in the cemetery. All 12 stones remain, although several have fallen. The burials occurred from 1855-1898. There is an old fence surrounding the cemetery.
The property was previously rezoned to OSRD pursuant to Ordinance 2014-18 and originally showed a total of 76 lots. Later action by the Board of Commissioners reduced the total number of lots to 71.
The vesting period for the previously approved preliminary plan for the project has expired, although the OSRD zoning for the property remains intact.
SUMMARY OF THE PROPOSED DEVELOPMENT PLAN
The following table summarizes the calculations for the proposed project:
| PROPOSED RAGSDALE CROSSING SUBDIVISION |
| OSRD-IP |
| TOTAL AREA OF PROJECT |
116 +/- AC. |
| NUMBER OF LOTS PROPOSED |
66 |
| NUMBER OF LOTS PROPOSED UNDER THE PREVIOUSLY APPROVED OSRD PLAN |
71 |
| NUMBER OF LOTS SHOWN ON THE PREVIOUSLY SUBMITTED R-2 CONCEPT PLAN |
70 |
| NUMBER OF LOTS ABOVE STANDARD OSRD DENSITY, RESTRICTED TO STRUCTURES HAVING A MAXIMUM 2,500 SF OF HEATED LIVING AREA |
5 |
| LARGEST LOT AREA |
3.34 AC. |
145,673 SF |
| SMALLEST LOT AREA |
0.17 AC. |
7,480 SF |
| AREA OF OPEN SPACE REQUIRED |
75.48 AC. |
65% |
| AREA OF OPEN SPACE PROVIDED |
80.83 AC. |
69.60% |
| EXCESS OPEN SPACE (OSRD-IP) |
5.38AC. |
| LAND AREA IN LOTS |
24.35 AC. |
No townhome units are proposed as part of the development plan. All units are intended to be single-family detached structures.
The developer will request that the building setbacks from the boundary of the development be reduced from 150 feet to 100 feet per the allowances provided by Section 78-198(f)5 of the Municipal Code, if the rezoning is approved and when the preliminary plan is presented to the Planning Commission for their review. The section allows the Planning Commission to reduce the setbacks if in their opinion the topography of the area is elevated sufficiently to minimize direct view from the above tracts and roads.
The plan also proposes a right-of-way dedication of 45 feet from the existing centerline of Ragsdale Road along the project's frontage. As you know, a widening of Ragsdale Road across of the frontage of this property is planned in the next few years per the City's proposed FY 2022-2027 Capital Improvements Plan. In conjunction with this planned road improvement, the developer will also provide funds in lieu of construction of the required sidewalk along the development frontage of Ragsdale Road. The funding shall be provided as part of the recording of the final subdivision plat for the first section of the development.
Lots 9, 10, and 11 are shown to be impacted by a stream that is proposed to be mitigated in accordance with TDEC requirements. Approval of a preliminary plan by the Planning Commission will be subject to an approved mitigation plan from TDEC.
The proposed plan includes one flag lot -- Lot 64. The Subdivision Regulations include certain basic requirements for flag lots. One being that the "flagpole" portion of the lot cannot be used to satisfy the minimum lot area requirements for the underlying zoning district, which within the HP Overlay is three acres (130,680 sq. ft.). The flagpole portion of Lot 64 includes an area of approximately 6,122 sq. ft. The lot includes an overall area of 145,673 sq. ft. Subtracting the area of the flagpole portion of the lot from the overall area (145,673 sq. ft. - 6,122 sq. ft. = 139,551 sq. ft.), provides an HP Overlay lot area for Lot 64 of 3.20 acres.
WATER AND SEWER SERVICE
Water service for the property is provided by the City and was originally intended to be extended from the south up Ragsdale Road from Split Log Road. Plans for the road widening project are in the early stages of development. The City does not expect to begin preliminary design work on the road until the summer of 2021. Installation of a water line today within the current ROW would run the risk of that work having to be relocated, in whole or part, when the road construction work commences. The scenario is obviously not ideal for the developer or the City. The plan shows that a 10-inch diameter water service to be extended from Fontenella Drive through the open space in Section Four of the Tuscany Hills Subdivision (PB P55, PG 142), which is a PUDE. The line continues along the southerly boundary of 1624 Ragsdale Road (parcel 055 02804), across Ragsdale Road and into the project.
Sanitary sewer service is also provided by the City and will be extended from the southern boundary of the Glenellen Estates Subdivision where Wicklow Road stubs, through the adjacent property between Glenellen Estates and the subject property. The developer will extend the service via existing infrastructure and be responsible for obtaining all necessary easements and continue to the southerly boundary of the project.
The developer will also coordinate with the developer of the Reserve at Raintree Forest for the required water system improvements, which include an increase in the size of the domestic water line from eight to ten inches, and which is intended to serve the sections at the higher elevations including the hilltop (homestead) conservation area of the Reserve.
TRAFFIC IMPACTS
A Traffic Impact Study was provided as part of the initial request for rezoning of the property. Because of the impacts related to the ongoing COVID-19 pandemic, the study adjusted raw traffic volume turning movement counts to estimate normal traffic patterns. The TIS considered for the increase in traffic volumes resulting from nearby committed projects, including the future construction of a middle school on the Jordan Elementary School campus, and the development of the recently annexed Gaw Property. A copy of the TIS was forwarded to Mr. Greg Judy with Neel-Shaffer Inc., who assists staff in the review of the submitted TIS. The applicant will pay for the Neel-Shaffer review per the requirements of Section 50-29(b) of the Municipal Code.
The following improvements and considerations should be incorporated into the site plan in order to facilitate safe and efficient traffic operations within the study area:
- The site’s primary access intersection where the main driveway intersects Ragsdale Rd should include one entering lane and two exiting lanes. The study stated that the eastbound exit approach should consist of separate left and right lanes for traffic turning onto Ragsdale Rd. providing a minimum storage length of 50 feet.
- Improvements to Ragsdale Rd. should include an exclusive northbound left-turn lane into the site, as well as an exclusive southbound right-turn lane. The study states that each turn lane should each provide a minimum full-width storage length of 50 feet.
- The TIS provided guidance for minimum intersection sight distances to be provided at the intersection of Ragsdale Rd. and the main access driveway. The study directed that site designers should follow the recommended sight distances as prescribed by the referenced guidelines.
Below, find a summary of the Neel-Shaffer comments the study’s recommendations and provide additional thoughts for review and consideration by city officials:
- "Generally, Neel-Shaffer took no exceptions to the conclusions presented by the traffic study and generally concur with the proposed recommendations."
- "Neel Shaffer advises that project officials coordinate with city planning and engineering departments to plan for the future widening of Ragsdale Road. Design of the site entrance and turn lane improvements at the access intersection should appropriately anticipate the future Ragsdale Road widening."
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 Ragsdale subdivision is as follows:
| SCHOOL |
WCS ENROLLMENT PROJECTIONS |
WCS CAPACITY
10/2020 |
WCS ENROLLMENT
10/2020 |
| Jordan Elementary |
27 Students |
890 Students |
483 Students |
| Sunset Middle |
17 Students |
869 Students |
612 Students |
| Ravenwood H.S. |
17 Students |
1,649 Students |
1,791 Students |
Note that the enrollment for Ravenwood High currently exceeds its capacity, but expansion plans are underway. The Planning Commission recently approved a revised site plan that included a two-story addition having an area of 45,890 sq. ft., which is expected to increase capacity by 400 students, bringing the total capacity to around 2,200 students.
The community meeting was conducted on Thursday, July 1, 2021, in the Community Room at the Safety Center East. A total of ten citizens attended the meeting. The Planning Commission provided its review and recommendation at its July 6, 2021, regular meeting and voted unanimously, ten for and zero against (10-0) to recommend approval of Ordinance 2021-07 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 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 July 12, 2021, the Board of Commissioners conducted the required public hearing for Ordinance 2021-07 as amended. No one spoke as part of the public hearing.
On June 14, 2021, the Board of Commissioners voted to approve Ordinance 2021-07, as amended with a revised OSRD-IP development plan on first reading.
On April 12, 2021, the Board of Commissioners voted unanimously seven for and zero against (7-0) to approve Ordinance 2021-07 on first reading.
On June 26, 2017, the Board of Commissioners voted unanimously seven for and zero against (7–0) to approve Resolution 2017-42, which authorized changes to the OSRD Development Plan for the Ragsdale subdivision. The historic Fly/Wilburn house, ca. 1860, was originally located on the 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. As part of the approval, the proposed plan shows five less lots (71) 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.
On March 13, 2017, Ordinance 2017-08, which proposed the rezoning of approximately three acres within the Ragsdale Subdivision was deferred form consideration by the Board of Commissioners. The property is located on the west side of Ragsdale Road, approximately 0.40 miles northerly of its intersection with Split Log Road. The requested change is from the OSRD (Open Space Residential Development) zoning district to the AR (Agricultural Residential) zoning district. The proposed change is designed to create a lot large enough to accommodate the historic Fly/Wilburn cabin and still allow the construction of a new residence on the same lot. 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 on the tract. The proposal was deferred by the developer as result of the lack of communication from the former owner of the property.
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 November 23, 2015.
On January 26, 2015, the Board of Commissioners voted to approve ordinance 2014-18 on second and final reading.
On January 13, 2015, the Board of Commissioners conducted the required public hearing for Ordinance 2014-18. 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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