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Brentwood City Commission Agenda
Meeting Date: 08/13/2018  
Ordinance 2018-15 - An Ordinance Requesting the Rezoning of the Lawson Property Located on the East Side of Wilson Pike from AR and R-1 to R-2
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Ordinance 2018-15 requests consideration of a proposed rezoning of 23.96 acres of land located on the east side of Wilson Pike, approximately 0.35 miles south of its intersection with Concord Road. The requested change is from the AR (Agricultural Residential) and the R-1 (Large Lot Residential) zoning districts to the R-2 (Suburban Residential) zoning district.
 
Background
The attached ordinance proposes the rezoning of 23.96 acres lying on the east side of Wilson Pike, across the street from the Williamson County Recycling Center.   

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN 

The proposed plan included in the rezoning application reflects a total of eight lots.  A new public street is proposed. This street would have a 50-foot-wide right-of-way (ROW) that intersects Wilson Pike and aligns with the access to the Recycling Center. The street will go though the development and terminate at the southern property line. The temporary dead end will provide access to the lots within the project and the tracts south of the property in the event they are proposed for development in the future. No lot within the project will will have direct access to Wilson Pike. The existing access easement to Wilson Pike, which serves as the current access for the two properties south of the site (Shaw and Harmon) will be incorporated into the development plan and closed. A median is shown in the new street at its intersection with Wilson Pike. As part of the approval of a preliminary plan by the Planning Commission the applicant shall demonstrate that fire apparatus can safely negotiate a turn into the development without damage to the vehicle or the median area.  Note that unlike an OSRD rezoning, the proposed development plan is not legally binding.

As noted above, and as recommended by staff, the plan proposes an internal street with a temporary turn around. The existing easement that provides the properties south of the proposal with access to Wilson Pike will be closed as part of the development of the Lawson property. The Shaw property does not directly front Wilson Pike and therefore once the easement is removed, this property would not have a legal access to a public street. However, the rezoning request includes providing access to the proposed cul-de-sac for this property, thereby giving the property ingress/egress.

The cul-de-sac measures approximately 1,460 feet in length.  Article 6.3(5) of The Subdivision Regulations requires the maximum length of a dead-end street at 1,000 feet, as measured from the end of the cul-de-sac to the radius return of the curb line of the last intersecting street. If the rezoning is approved and when a preliminary plan is presented for Planning Commission review, the developer will request that the Planning Commission vary the length requirement to provide access to the properties to the south of the project.  Article 9.7 of the Subdivision Regulations permits the Planning Commission, when it finds extraordinary hardships or practical difficulties which may result from strict compliance with the requirements and the purposes of the Subdivision Regulations may be served to a greater extent by an alternative proposal, to approve variances based upon evidence presented in each specific case.  A copy of Articles 6.3(5) and 9.7 are attached below.  

A similar request to rezone this property was presented to the Board of Commissioners on June 14, 2016 and approved on first reading (Ordinance 2016-07). That request included a total of 16 lots all having an area of one-acre or larger. On July 5, 2016, the Planning Commission provided its review and recommendation of the ordinance to the Board of Commissioners. Included as part of the recommendation was a request that the Board of Commissioners delay consideration of the ordinance on second and final reading until the developer is able to complete additional soil analysis and study possible environmental issues at the site.  Upon completion of the plan/studies, the results were to be submitted to the Planning Commission for a second review and recommendation to the Board of Commissioners.  The plan progressed to the public hearing on July 11, 2016. On August 3, 2016 Planning staff received communication from the applicant requesting indefinite deferral of the proposal.  

A summary of the new plan is included in the following table:
 
     FEATURE         AREA (SF)         AREA (AC)     
Smallest Lot Area  77,537 1.78
Largest Lot Area  113,256 2.83
Average Lot Area 91,639 2.18
 PROPOSED DENSITY 0.33 DUPA
 
The plan provides a 50-foot-wide buffer along Wilson Pike as required by the R-2 technical standards. It also includes the required 150-foot-wide setback from the ROW of Wilson Pike for lot numbers six and eight per the R-2 standards. The buffer strip will consist of plantings and physical features sufficient to screen direct view of the street, reduce glare and noise, and provide greater privacy for the adjoining residences. A landscaping and screening plan for the buffer strip will be included as part of the preliminary plan submittal for Planning Commission review.  

UNDERLYING ZONING DISTRICT CONCEPT PLAN

For comparative purposes, the developer has provided a concept plan reflecting development of the property under the requirements of the existing AR/R-1 zoning districts.  This concept plan would yield an estimated eight lots, same as the proposed development plan. The concept plan is also attached below.

Access to lots two through four would be provided access via a shared driveway to Wilson Pike.  Lots five through eight would be provided access via a short cul-de-sac that also intersects Wilson Pike in the same area as the street shown on the proposed rezoning plan (Attachment B).  Lots five, six and seven are configured as "Flag" lots, each extending to the cul-de-sac where they have the required 50 feet of frontage along the street.

The lot areas comply with the size requirements for the R-1 district (two acres) and the AR district (three-acres).    

WATER AND SEWER

The tract proposed for rezoning is within the Brentwood water and sewer service.  Water Services staff is in the process of analyzing the proposal to determine its impact on the system.  

SCHOOLS

The developer submitted a copy of the proposed plan to Ms. Allison Nunley with Williamson County Schools (WCS) for an assessment as to the impact of the proposed development on the schools in the area.  The subdivision is zoned to Crockett Elementary, Woodland Middle, and Ravenwood High schools.  According to WCS, the development will, generate two students to Crockett Elementary, one to Woodland Middle and one to Ravenwood High. 

If the proposed ordinance is approved on first reading, the applicant will be required to conduct a community meeting to explain the purpose of the rezoning request and to answer questions from citizens. Property owners within a 1,000-foot radius will be invited to attend. The community meeting is tentatively scheduled for August 28, 2018 in the Annex Room at City Hall, beginning at 6:00 p.m. The Planning Commission would then review the request and provide its recommendations at its September 4, 2018 meeting. The public hearing is scheduled for September 10, 2018.  Second and final reading is scheduled for September 27, 2018. 

If 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
The application was subsequently withdrawn by the applicant on August 3, 2016.

On July  11, 2016 the Board of Commissioners conducted the required public hearing for Ordinance 2016-07. Two citizens spoke about the proposal.   Under other new business portion of the July 11 agenda, Commissioner Gorman moved to delay the second reading of Ordinance 2016-07 until September 12, 2016. Commissioner Dunn seconded; approval was unanimous.

On June 14, 2016, the Board of Commissioners voted unanimously five for and zero against to approve Ordinance 2016-07 on first reading.  

Fiscal Impact
Attachments
Ordinance 2018-15
Attachment B -- Development Plan
AR/R-1 Concept Plan
Location Map
Application Package & Description
Original Development Plan -- Ordinance 2016-07
Subdivision Regulations -- Articles 6.3(5) & 9.7
Geotechnical Report
W/S Availability Application

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