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Brentwood City Commission Agenda
Meeting Date: 08/13/2018  
Ordinance 2018-11 - An Ordinance Requesting the Rezoning of a portion of the the Primm Property located at 8318 Moores Lane from R-1/R-2 to OSRD
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Ordinance 2018-11 requests the rezoning approximately 28.90 acres of property along the north side of Moores Lane, approximately 2,900 feet (0.55 miles) west of its intersection with Wilson Pike. More specifically, the property is the western portion of the existing Primm Farm located at 8318 Moores Lane. The requested change is from the R-1 (Large Lot Residential) and the R-2 (Suburban Residential) zoning districts to the OSRD (Open Space Residential Development) zoning district.
Background
The attached ordinance, proposes the rezoning of the western portion portion of the existing Primm Farm, which is located along the northern side of Moores Lane. 

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN 

The proposed development plan includes a total of 24 lots on 28.90 acres. Previously, a rezoning request for the same tract was considered in January 2017.  That plan also showed 24 lots. The developer deferred action on that request at the January 10, 2017 regular meeting of the Board of Commissioners. Since the rezoning process for the initial application was not completed within 120 days as required by Section 78-87(f), the application was considered void.  This request is part of a new application. 

Revisions to the plan, since the initial submittal include:
  1. Incorporation of the two historic existing log slave quarters, which have a unique design where they share a single stone chimney, exhibit square notching, and include the original vertical board doors. The cabins were built around 1825. The developer will stabilize the cabins and preserve them for their historical value. The cabins are proposed to be located in the permanent open space.  Access to the cabins is provided by a small parking lot, having four spaces connected by a five foot wide asphalt access trail that loops around the cabins and located within a 60-foot wide public access easement.
      
  2. Road "C" as shown on the plan has been extended to the easterly property line.  This stub street could be used to access through the adjacent property, when/if it develops.  
     
  3. The areas of Lots 21 through 24 have been adjusted to accommodate the stub street and the public access easement to the historic structures. 
     
  4. Finally, the number of plantings in the open space area between the new lots and the eastern boundary of the site has been decreased.  
The adjacent property to the north and west of the tract is zoned R-2 and is fully developed with single-family homes with lot areas of around one acre. The land to the east, which consists of approximately 15.03 acres and is the remainder of the Primm property, remains undeveloped and is also split-zoned R-1/R-2. The tract includes the historic Owen-Primm house, ca. 1806, the barn, the spring house and the frame sheds. The Primm family will retain ownership of the tract and has not indicated that they have any plans for the development of the remaining property at the present time.  However, given its area, the current zoning and other constraints to its development (electric lines, the stream, and Native American burial areas), it appears that if development ever occurs, it will include larger lots, in accordance with the requirements of the underlying zoning classifications. To the south, across Moores Lane, is the City-owned Primm Park, zoned SI-3 and the Montclair Subdivision, zoned OSRD.

Section 78-184(4) of the zoning ordinance requires that new OSRD lots, adjacent to existing developed lots be one acre in area or equal to or greater than adjacent lots that are less than one acre. The 11 lots along the north and west boundaries, including the adjacent permanent open space all have areas in excess of one acre, averaging approximately 1.32 acres each.  

The Code section goes on to state that a smaller lot size may be approved, provided the combined area of the new lot and any permanent open space between the new lot and the existing residential development is at least one acre or is equal to or greater than the area of the adjacent existing lot. Please refer to the tables on Sheet L1.1 of the Development Plan that shows the areas of the lots. 

The lots along the eastern boundary of the project are not affected by Section 78-184(b) in that the adjacent property is undeveloped.  

The subject property is predominately pastureland, and features gently rolling topography with tree rows and scattered areas of tree masses primarily around the perimeter. A TVA electrical line easement, which is 150 feet wide, crosses the northwest corner of the project. There is one existing single-family dwelling, located in the western portion of the site. According to data maintained by the Williamson County Property Assessor, the existing single-story, brick ranch style residence was built around 1961 and includes an area of 1,262 square feet. The dwelling is currently occupied and is slated to be sold per the terms of an Agreed Order entered on April 25, 2018, which is attached below. The current resident will be paid the sum of $150,000 upon closing of the property by the optionee.   

The specifics of the plan are shown in the following table:
 
FEATURE AREA (SF) AREA (AC)
Average Lot Area  29,836 0.68
Smallest Lot Area  18,033 0.41
Largest Lot Area  42,185 0.97
Open Space Required 327,409 7.56
Open Space Provided 433,422 10.00
Excess Open Space Provided 106,286 2.44 

As mentioned above, the tract proposed for rezoning is currently split zoned R-1/R-2.  The breakdown of the area of the two zoning classifications is approximately:  R-1 = 11.31 acres; R-2 = 17.58 acres.

The site plan includes a design for the arterial road buffer, as required by the Zoning Ordinance.  The buffer strip must be planted with a minimum of 45 trees per 100 linear feet of buffer area (Sec. 78-512). Note that the buffer has a length of approximately 900 feet, which would require the installation of 405 trees (2" caliper and 8' tall). However, due to the configuration of the buffer and the desire to preserve the existing vegetation, all of the required trees could not be planted in the area in a manner that would allow them to mature without crowding one another.  The submitted plan shows some of the trees that are required in the arterial road buffer relocated to other areas of the subdivision.  Some would be used as street trees, while others would be located in the open space strip east of lots 20 through 24. Section 78-512(b)5c of the Municipal Code (zoning ordinance) allows the Planning Commission to approve the relocation of some of the landscaping required in the buffer area to alternate areas of the project as part of its review of the preliminary plan. The relocated plantings may count toward fulfillment of the arterial buffer planting requirement.  The Planning Commission may also allow the existing plantings in the buffer to count toward the requirement.  A copy of the referenced section is attached.  

Additionally, the developer proposes the construction of a public ten-foot wide multi-use trail, in the arterial road buffer and located within a 20-foot wide Sidewalk/Walking Trail easement connecting to the existing sidewalk that terminates at the project's southwestern corner. The proposed trail would meander through the buffer to the future street (Road A) that will provide access for the subdivision.  
At the time a connection is made to the City's existing sidewalk along Moores Lane, the trail within the proposed new subdivision would functionally become a part of the City's trail system and the City would assume future maintenance responsibility. The ultimate goal would be to provide a sidewalk/trail from the end of the existing sidewalk along the entire frontage of the Primm property, which would connect to the existing bike trail along the eastern section of Moores Lane. Construction of the connecting trail will eventually allow access to the bike trail along Wilson Pike and east to Cool Springs.  The developer will be required to prepare a description for the easement and present it to the Board of Commissioners for acceptance, via resolution, before the final plat may be recorded.  
 
While the development does not include the historic Owen-Primm house which is located on the adjacent tract to the east, the design of the future homes on lots 20 through 24 should be 
compatible in architectural style, size, scale and orientation with the adjacent historically significant site and structures as detailed in the Saving the Farmstead document, and in accordance with the City's historic preservation requirements.  (See Section 78-15 of the Zoning Ordinance, attached.)

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 R-1/R-2 zoning districts.  This plan would yield an estimated 20 lots.  As mentioned above, the proposed OSRD Development Plan shows 24 lots, a 20% increase in the number of lots allowed under the existing underlying zones.  

The area of the building envelopes on lots 7 through 9 are quite small because they back up to the TVA easement. The envelope on lot 7 is the smallest. Development of these lots under R-2 standards would not allow improvements in the rear yard such as accessory structures, decks or swimming pools due to limited size of the buildable area. Improvements in the electrical easements are not permitted by TVA. Staff is attempting to verify if TVA will allow at-grade concrete patios in the easement. The Zoning Ordinance does allow at-grade concrete patios to extend outside of the buildable area.  Also note that the configuration of the building envelopes on lots 2 and 18 will also constrain the future development of the lots due to the requirements of the underlying R-1 standards. 

Finally, the concept plan shows drainage facilities (detention ponds) located in the NW and SW corners of the property. If additional storm water detention volume is required the ponds will have to be enlarged, which could reduce the number of lots obtained under the present zoning classifications for the property.  

TRAFFIC IMPACT STUDY

The traffic impact study (TIS), originally dated December, 2016, has been updated to reflect an increase of 15 percent in the traffic volumes on Moores Lane in order to accurately represent the year 2019 background traffic. The TIS was initially provided as part of the original rezoning request. Mr. Judy's initial review comments from the December 2016 study are attached below. The revised TIS has been forwarded for Mr. Judy's review.  The applicant will pay for the initial Neel-Shaffer review per the requirements of Section 50-29(b) of the Municipal Code.  

The TIS includes the following conclusions and recommendations.  No new off-site improvements are recommended to adjacent streets to mitigate the impact of the development.  
  1. The analysis conducted for the purposes of the study indicate that the vehicle delays on the project access will be reasonable and vehicle queues will be low even if only one exiting lane is provided. However, since the project includes only one access, it would be appropriate to construct the project access to include one northbound entering lane and two southbound exiting lanes, striped as separate left and right turn lanes. Each of the exiting turn lanes should include at least 50 feet of storage and should be designed and constructed according to AASHTO standards. 
  2. Field observations and measurements indicate that adequate sight distance is available in each direction of Moores Lane for motorists exiting the project site. However, these conditions should be verified based on the final location of the project access.
The revised plan shows a three lane section at the entrance to the project that includes one northbound lane entering the project, one southbound left turn lane and one southbound right turn lane.   

Mr. Judy's review comments, dated January 3, 2017 regarding the original TIS follow:
  1. Based on the magnitude of prevailing traffic volumes on Moores Lane, Neel-Shaffer recommends that an eastbound left-turn lane be provided as an off-site improvement at the proposed access intersection with Moores Lane. TDOT Design Guidelines (Section 2-170.00) and NCHRP Report 457 supports this recommendation.
  2. NS concurs with the TIS conclusion that the exit approach of the site access road include separate left and right turn lanes at its intersection with Moores Lane. This measure will minimize the impact of left-turn delays on vehicles turning right onto westbound Moores Lane. Vehicles attempting to turn left from the access road onto eastbound Moores Lane will experience frequent periods of insufficient gaps during peak periods. The separate right-turn lane will help reduce delays for right-turning vehicles.
  3. It would have been desirable for the TIS to conduct its analysis based on the 24-lot (OSRD) scenario. This approach would have provided a more conservative and complete evaluation because this alternative results in higher trip generation. However, we would not expect this scenario (an increase from 20 to 24 residential lots) to change the recommendations presented in the TIS or in our review.
  4. Because Moores Lane is a state route (SR-441), we confirm that all improvements and street connections shall also be submitted to and reviewed by TDOT
It should be noted that development of only a portion of the property negates the opportunity to install a traffic signal at the intersection of Moores Lane and Montclair Boulevard as part of the development of this tract. Continuation of the stub street, which would terminate at the intersection of Moores Lane and Montclair Boulevard could be provided as part of the future development of the remaining 15.03 acre tract to the east.   
 
SCHOOLS
 
The developer has submitted to the proposed plan to Williamson County Schools (WCS) for an assessment as to the impact of the proposed development on the schools in the area.

The property is currently zoned to Crockett Elementary, Woodland Middle and Ravenwood High Schools.  All of these schools are slightly below or over their student capacities.  WCS estimates that the project will send seven students to Crockett Elementary, four to Woodland Middle and four to Ravenwood High.
 
As background, the current capacity and projected enrollment numbers for the 2018/2019 school year, according to WCS data for the three impacted schools is attached below.

CULTURAL RESOURCES STUDY

The following represents the Summary and Recommendations from the Cultural Resources Study.

The Study found that the proposed development will have no impact on any historic significant areas within the 28.90 acre tract. The Phase I cultural resources survey did not identify any archeological sites or properties eligible for inclusion in the National Register of Historic Places. Based on the results of this survey, the proposed development will have no physical impacts to any archeological or historical sites.
 
The pedestrian survey, shovel tests, clearing lanes and backhoe trenches failed to identify, or recover, any significant archeological material. A single amorphous core (having no definite form) was recovered from bulldozer survey lane 9, directly behind the Owen-Primm House, but was returned to the site for lack of other artifacts.
 
The two extant structures (the shed/horse barn (H-1) and the ranch house (H-2)) are of mid-20th century construction and are not eligible for inclusion in the NRHP.
 
No cemeteries or human burials were identified within the project tract. However, the presence of human remains within any portion of the project, based upon its proximity to the Mississippian Period mound group, cannot be ruled out. All human remains are protected by state law. In the event that potential human remains are identified during any phase of the project, all work in the immediate area should cease immediately and the State Archeologist should be notified.

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 30, 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 before the Board of Commissioners would be scheduled for September 10, 2018.  Second and final reading would be scheduled for Thursday, September 27, 2018. 

Should you have any questions, or require additional information, please contact the Planning and Codes Director.
Staff Recommendation
Staff has reviewed the proposed request for OSRD zoning for the tract and has determined that the proposal meets the requirements of the applicable City codes and ordinances.  
Previous Commission Action
At the January 10, 2017 the applicant requested a deferral of Ordinance 2017-03, which proposed  the rezoning of a portion of the Primm Property from consideration by the Board of Commissioners.  There was no set date as to when the request was to return for consideration.  Section 78-87 of the Zoning Ordinance allows the applicant 120 days to complete the rezoning process. The original rezoning ordinance became void on May 10, 2017.   

Fiscal Impact
Attachments
Ordinance 2018-11
Attachment B -- Revised Development Plan -- 7-26-2018
Initial Development Plan -- Ordinance 2017
R-1/R-2 Concept Plan
Revised Dev. Plan w/ Aerial
Revised Landscaping Plan
Revised Utility & Drainage Plans
Zoning Map -- Adjacent Properties
Code Sections
Life Estate Agreed Order
Cultural Resources Survey
Revised TIS
TIS Review -- Primm Property -- 8-2018
Owen-Primm House History
Application Package

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