Current Rezonings

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ORDINANCE 2018-15 - LAWSON PROPERTY REZONING

 

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.

SUMMARY OF PROPOSED DEVELOPMENT PLAN

The proposed plan shows 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 through 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 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 specifics of the plan are shown in teh 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 (dwelling units per acre) 0.33 

 

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).

SCHOOLS

The tract 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.

 

MEETING SCHEDULE

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 before the Board of Commissioners would be scheduled for September 10, 2018.

Second and final reading would be scheduled for September 27, 2018.

 

ORDINANCE 2018-11 - PRIMM PROPERTY REZONING 

Ordinance 2018-11 requests the rezoning approximately 28.90 acres of property located 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.

 SUMMARY OF THE PROPOSED DEVELOPMENT PLAN 

 The proposed development plan includes a total of 24 lots on 28.90 acres.

 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 

 

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.

 

SCHOOLS

The property is 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.

 

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 August 10, 2018 regarding his review of the revised TIS follow:

  •  The site plan should be modified to reference the spacing between driveways and side roads based on distances from ends of radius returns, as opposed to centerlines. This will make comparisons between site conditions and city ordinance regulations consistent, as city regulations are based on end of radius.
  • The developer and City staff, should confirm closure of the existing driveway serving the property’s barn (as proposed on the proposed plan plan) during the site plan approval process. The project design should include removal of the existing driveway apron consisting of asphalt pavement and gravel surface up to 50 feet into the property, or as required by city officials. 
  • Because of the magnitude of prevailing traffic volumes on Moores Lane, Neel Shaffer recommends that an eastbound left-turn lane be provided at the proposed access intersection with Moores Lane. TDOT Design Guidelines (Section 2-170.00) and NCHRP Report 457 supports this recommendation. 
  • Neel Shaffer supports the plan’s proposal of providing an access stub and/or easement for future connection to the adjoining property (shown as “Road C”). We feel this would be advantageous if the remaining Primm Property were to be developed, as discussed in the previous staff report. 
  • Neel Shaffer 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. 
  • Because Moores Lane is a state route (SR-441), we confirm that all improvements and street connections to Moores Lane are subject to review and approval 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. 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. 

 

CULTURAL RESOURCE 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.

MEETING SCHEDULE
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 September 27, 2018.

 

ORDINANCE 2018-12 - AN ORDINANCE REZONING THE OMAN PROPERTY LOCATED ON THE EAST SIDE OF FRANKLIN ROAD FROM AR(AGRICULTURAL RESIDENTIAL) & R-2 (SUBURBAN RESIDENTIAL) TO OSRD (OPEN SPACE RESIDENTIAL DEVELOPMENT)


The attached ordinance proposes the rezoning of property owned by Jack and Argie Oman, which is located at 900 Franklin Road. The property is bounded by large tracts to the north and south and the Turner Farm along a portion of its northern and southern boundaries and to the east. To the west, across Franklin Road lies the Fountainhead Subdivision, and the Historic Mountview home.

SUMMARY OF THE PROPOSED DEVELOPMENT PLAN 

The subject property includes the existing Oman residence which, according to the Williamson County Property Assessor, was built in  1967 and includes an area of approximately 6,661 square feet. There is a second structure on the tract that was built around 1930 and  includes an area of 816 square feet. The existing Oman residence will remain and will be incorporated into the development plan. It is shown on Lot 19. The specifics of the plan are shown in the following table:

 FEATURE  AREA (SF)  AREA (AC)
 Average Lot Area 54,501  1.25 
 Smallest Lot Area 40,454  0.93 
Largest Lot Area  117,665  2.70 
 Open Space Required
 Open Space Provided 228,690  5.25 
 Proposed Density -- Dwelling Units per Acre 0.632 

 

The open space provided includes the required arterial road buffer, which is 150 feet wide as measured from the right-of-way of Franklin Road and a detention pond area located in the northeast corner of the property. The sewer line running between lots 11 & 12 is also located in an open space strip.

The access into the proposed subdivision aligns, centerline to centerline with Fountainhead Drive. The internal streets are proposed to be privately maintained with entry walls and gates at the access from Franklin Road. A three lane street section is provided at the entrance with one lane entering, eastbound, one shared through/right turn lane exiting northbound, and one left turn lane exiting southbound. The proposed private streets shall be constructed to City standards and comply with all requirements as detailed in the Municipal Code -- Chapter 58, Article IV, Chapter 78, Section 12, and the Subdivision Regulations. The access has been designed to include a safe vehicle turnaround area. The first 50 feet of the interior street measured from the right-of-way of Franklin Road will be publicly maintained, per Code. If the rezoning is approved, upon submittal of a preliminary plan for Planning Commission review, the Fire Marshall will review the access to insure that emergency service vehicles can safely negotiate a turn into the subdivision.

As mentioned previously, the tract proposed for rezoning is currently split-zoned AR/R-2. The breakdown of the approximate area of the two zoning districts is -- AR = 13.97 acres; R-2 = 19.69 acres.

Proposed Lots 20 and 21 are configured to be "Flag" lots and are provided access to the internal public street via a shared access driveway. Development of the subdivision will comply with Section 78-486(8) regarding private shared access easements. The development will also comply with other sections of the Municipal Code including Section 78-486(14) regarding residential driveway standards. This section requires certain standards be included as part of the design of private drives. Since it is possible that the final location of the homes on Lots 20 and 21 will be at least 500 feet or more from a public street, the design of these homes will comply with
Section 26-68, which requires any new dwelling constructed more than 500 feet from a public street or authorized private street, be protected by a residential sprinkler system. The submitted building plans shall include the design of the required sprinkler system. The applicable sections of the Municipal Code are attached.

The developer has agreed to provide a public twenty-foot wide Multi-Use Trail easement in the arterial road buffer, shown on the plan to allow for future construction by the City of a minimum ten foot wide multi-use trail. The proposed trail would meander through the buffer along Franklin Road and be part of a future planned north-south connection of the City's bike and pedestrian network between Concord Road and Murray Lane. The exact timing for construction of this bike-pedestrian facility is unknown given it would require the cooperation of adjacent property owners to the north and south. 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 for the first section of
the project may be recorded.

No improvements are proposed to Franklin Road as part of the development plan other than the possibility of re-striping the center turn lane.

 

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-2 zoning districts. This plan would yield an estimated 21 lots. As mentioned above the proposed OSRD Development Plan also shows 21 lots.

The existing zoning concept plan shows four lots, all within the existing AR district, that would have direct access to Franklin Road, via separate driveways. The existing Oman Home would remain as part of the concept plan also. Detention ponds are located in the
northwest and northeast corners of the property. All lots shown on the concept plan meet the area requirements of the AR district (3 acres) and the R-2 district (1 acre). The smallest lot includes an area of 43,614 square feet (1.001 acre), while the largest lot has an area of 143,757 square feet (3.300 acres). The concept plan does show the internal street extending to the easterly property boundary, which is intended to provide additional access in the event that the Turner property does develop in the future.

 

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 Lipscomb Elementary, Brentwood Middle and
Brentwood High Schools.

 

TRAFFIC
The developer is in the process of gathering additional traffic counts in an effort to determine if the proposed development will meet the warrant standards established by the Manual on Uniform Traffic Control Devices (MUTCD). However, since school is not currently in session, a factor will be incorporated into the counts to project the actual school traffic If the traffic counts warrant installation of a signal the City would require the developer to contribute to the cost of the signal based on his proportionate share of the traffic. The first day of school for Williamson County is Friday August 10. If the proposal moves forward there will be sufficient time for the applicant to gather additional counts that reflect school traffic before final reading on August 27.

If a traffic signal is not warranted, modifications to the center turn lane should be explored creating stripping for a south bound left turn lane of Franklin Road. This improvements should be discussed with TDOT staff. 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.

 MEETING SCHEDULE
The community meeting is tentatively scheduled for August 2, 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 August 6, 2018 meeting.

The public hearing before the Board of Commissioners would be scheduled for August 13, 2018.

Second and final reading would be scheduled for August 27, 2018.

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