Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, July 27, 2016, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA (REVISED 7/19/16) 1. Call to order 2. New Business Sign Variance Request a. Application S-16-046 by Ian Phillips of Everwood at the Avenue LLC, requesting a Variance from Section 25¼-24(A)(22) of the Murfreesboro Sign Ordinance, which prohibits a sign from being placed in or over a public utility or drainage easement, for property in the Mixed Use (MU) district located at 915 Robert Rose Drive. Variance Requests b. Application Z-16-047 by Sean Guth of Lose and Associates Inc., representing the Murfreesboro Parks and Recreation Department, requesting a forty (40) foot Variance from Section 18(G)(4) of the Murfreesboro Zoning Ordinance, which prohibits lighting fixtures from exceeding twenty (20) feet in height in nonresidential developments with structures thirty-five (35) feet or less in height, for property in the Park (P) district located at 1007 Golf Lane. c. Application Z-16-048 by Sean Guth of Lose and Associates Inc., representing the Murfreesboro Parks and Recreation Department, requesting the following two Variances for property in the Park (P) district located at 515 Cherry Lane: i. A seventy (70) foot Variance from Section 18(G)(4) of the Murfreesboro Zoning Ordinance, which prohibits lighting fixtures from exceeding twenty (20) feet in height in nonresidential developments with structures thirty-five (35) feet or less in height; and 1  ii. A Variance from Section 18(G)(d) of the Murfreesboro Zoning Ordinance, which requires outdoor lighting to be designed such that illumination does not exceed one-half (0.5) footcandle beyond the property line. d. Application Z-16-049 by Clyde Rountree of Huddleston Steele Engineering Inc. representing Deep River Development, requesting a nine (9) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a twenty-five (25) foot minimum rear yard setback, for property in the Multi-Family Residential (RM-16) district located at 1019 North Maple Street. Variance and Special Use Permit Request e. Application Z-16-050 by David Beiter of Goodwill Industries, making the following requests for property in the Highway Commercial (CH) district located at 1825 Old Fort Parkway: i. A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; and ii. An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits the length of Temporary Mobile Recycling Center receptacles to forty (40) feet. f. Application Z-16-051 by David Beiter of Goodwill Industries, making the following requests for property in the Highway Commercial (CH) district located at 1114 Mercury Boulevard: i. A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; ii. An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits the length of Temporary Mobile Recycling Center receptacles to forty (40) feet; and iii. A 175-foot Variance from Section 31(C)(6) of the Murfreesboro Zoning Ordinance, which requires a 300-foot minimum distance between receptacle and residentially-zoned property. g. Application Z-16-052 by Clyde Rountree of Huddleston Steele Engineering Inc., representing Mountain Star Properties LLC, making the following requests for property in the Highway Commercial (CH) district located along the east side of John R. Rice Boulevard: i. A Special Use Permit to allow a Self-Service Storage Facility in the CH district; and 2  ii. A Variance from Section 27(K)(3)(a) of the Murfreesboro Zoning Ordinance, which requires a three (3) foot minimum landscape strip adjacent to the base of a building along the building’s sides. 3. Staff Reports and Other Business 4. Adjourn 3  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: S-16-046 Location: 915 Robert Rose Drive Applicant: Ian Phillips of Everwood at the Avenue LLC Zoning: Mixed Use (MU) District Request: A Variance from Section 25¼-24 (A)(22) of the Murfreesboro Sign Ordinance, which prohibits a sign placed in or over a public utility or drainage easement 1 The applicant, Ian Phillips with CIP Construction Company representing Everwood at the Avenue, is requesting a variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a foundation or signs placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The sign location proposed at 915 Robert Rose Dr. is within a Gateway Design Overlay (GDO-1) zone. The applicant is requesting permission to erect one (1) internally illuminated freestanding wall sign with 38 sq. ft. display area and an overall height of 7’. The sign will be located within a 40’ Public Utility Easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Murfreesboro Electric Dept (MED), Murfreesboro Water and Sewer Department (MWSD), the Director of Building and Codes and the City Engineer. An agreement for a sign in an easement letter has also been submitted from AT&T and Atmos Energy with no objections to the sign placement. Consolidated Utility District (CUD) submitted an agreement for the sign to be installed in the easement with the requirement of a 10’ minimum separation from waterlines. Due to the sensitivity of placement of the sign in regards to easements, staff requires that the sign be located on site by a Tennessee registered engineer or surveyor and that a form for Certification of sign placement be provided prior to permitting. The applicant will comply with all other setbacks and regulations. 2 3 4 5 6 7 8 9 10 11 12  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-047 Location: 1007 Golf Lane Applicant: Sean Guth of Lose and Associates Inc., representing the Murfreesboro Parks and Recreation Department Zoning: Park (P) District Request: A forty (40) foot Variance from Section 18(G)(4) of the Murfreesboro Zoning Ordinance, which prohibits lighting fixtures from exceeding twenty (20) feet in height in nonresidential developments with structures thirty-five (35) feet or less in height 1 Request Overview The Murfreesboro Parks and Recreation Department wishes to install new lighting fixtures to illuminate eight tennis courts at Old Fort Park, located at 1007 Golf Lane. The subject property lies within the Park (P) zoning district. The affected courts are identified as courts 5, 6, 9, 10, and 13-16 on the attached site electrical plan. The applicant plans to install a total of 16 new lighting poles, which will allow the eight affected tennis courts to be illuminated during evening hours. The lighting poles range from 50 feet to 60 feet in height; these heights exceed the maximum height of 20 feet allowed by Section 18(G)(4) of the Murfreesboro Zoning Ordinance. The applicant requests that the Board vary the 20-foot maximum lighting height requirement by 40 feet to allow the installation of 16 lighting poles ranging from 50 to 60 feet in height. Relevant Zoning Ordinance Section Section 18(G)(4): On-site lighting fixtures in residential developments shall not exceed sixteen feet in height. For nonresidential developments with structures thirty-five feet or less in height, fixtures shall not exceed twenty feet in height. For nonresidential developments with structures greater than thirty-five feet in height, fixtures shall not exceed a height of thirty feet. Shoebox-style lighting fixtures shall not be used for poles of sixteen feet or less in height. In areas zoned H-I (Heavy Industrial) or L-I (Light Industrial) to be developed with large parking lots that will occasion maneuvering areas for large trucks, lighting poles and fixtures may be a maximum height of 75 feet. Staff Comments The applicant’s request letter addresses each of the three standards for granting a Variance. First, the applicant attests that the lighting height restriction imposed by the Zoning Ordinance poses a practical difficulty for this project. The applicant contends that for a field to be properly lighted, poles must exceed the 20-foot maximum height; further, poles must be physically situated in such a way that they do not interfere with players’ sightlines. Second, the applicant indicates that the very nature of Old Fort Park—an active park with multiple recreation facilities that include lighting poles exceeding Zoning Ordinance height maximums—creates unusual characteristics when compared to other properties in the City. Third, the applicant attests that this situation is not self-created. Planning staff visited Old Fort Park and noted the presence of several lighting poles that exceeded 20 feet. Staff is unaware of any complaints from neighboring residents or motorists regarding existing lighting pole heights. Based on a site visit and review of aerial photography, it appears that no residential properties would be affected by the proposed lighting. The tennis courts are interior 2 to Old Fort Park. The nearest neighboring property to the tennis courts is Stones River Mall, approximately 1,100 feet to the west. Representatives of the Franklin Parks and Recreation Department will be in attendance at the meeting to discuss the project and answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  1007 Golf Lane Aerial Photographs Aerial photograph of 1007 Golf Lane. The affected tennis courts lie internal to Old Fort Park. 6 Aerial photograph of 1007 Golf Lane. The southernmost four tennis courts are not included in the Variance request. 7 8 9 10 11  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-048 Location: 515 Cherry Lane Applicant: Sean Guth of Lose and Associates Inc., representing the Murfreesboro Parks and Recreation Department Zoning: Park (P) District Requests: 1) A seventy (70) foot Variance from Section 18(G)(4) of the Murfreesboro Zoning Ordinance, which prohibits lighting fixtures from exceeding twenty (20) feet in height in nonresidential developments with structures thirty-five (35) feet or less in height, and 2) A Variance from Section 18(G)(d) of the Murfreesboro Zoning Ordinance, which requires outdoor lighting to be designed such that illumination does not exceed one-half (0.5) footcandle beyond the property line. 1 Request Overview The Murfreesboro Parks and Recreation Department wishes to install new lighting fixtures to illuminate four recreation fields at Richard Siegel Park, located at 515 Cherry Lane. The subject property lies within the Park (P) zoning district. The applicant plans to install a total of 16 new lighting poles, which will allow the recreation fields to be illuminated during evening hours. The lighting poles range from 70 feet to 90 feet in height; these heights exceed the maximum height of 20 feet allowed by Section 18(G)(4) of the Murfreesboro Zoning Ordinance. Additionally, the photometric plot submitted by the applicant indicates that the proposed lighting would generate illumination levels of up to 2.1 footcandles along the western property boundary. Section 18(G)(d) of the Murfreesboro Zoning Ordinance restricts illumination levels to 0.5 footcandle at all property lines. The applicant seeks two Variances from the Board. The first request is to vary the 20-foot maximum lighting height requirement by 70 feet to allow the installation of 16 lighting poles ranging from 70 to 90 feet in height. The second request is the vary the 0.5 footcandle maximum illumination requirement by 1.6 footcandles along the western property line to allow illumination levels of up to 2.1 footcandles along the western property line as shown on the applicant’s exhibit. Relevant Zoning Ordinance Sections Section 18(G)(4): On-site lighting fixtures in residential developments shall not exceed sixteen feet in height. For nonresidential developments with structures thirty-five feet or less in height, fixtures shall not exceed twenty feet in height. For nonresidential developments with structures greater than thirty-five feet in height, fixtures shall not exceed a height of thirty feet. Shoebox-style lighting fixtures shall not be used for poles of sixteen feet or less in height. In areas zoned H-I (Heavy Industrial) or L-I (Light Industrial) to be developed with large parking lots that will occasion maneuvering areas for large trucks, lighting poles and fixtures may be a maximum height of 75 feet. Section 18(G)(d): Lighting shall be designed so that illumination does not exceed one-half (1/2) foot candle beyond the property line. All lighting shall have the intensities and uniformity ratio consistent with the Lighting Handbook of the Illuminations Engineering Society of North America (IESNA). 2 Staff Comments The applicant’s request letter addresses each of the three standards for granting a Variance. First, the applicant attests that the lighting height and illumination level maximums imposed by the Zoning Ordinance pose a practical difficulty for this project. The applicant contends that for a field to be properly lighted, poles must exceed the 20-foot maximum height; further, poles must be physically situated in such a way that they do not interfere with players’ sightlines. Second, the applicant indicates that the very nature of Richard Siegel Park—an active park with multiple recreation fields that include lighting poles exceeding Zoning Ordinance height maximums—creates unusual characteristics when compared to other properties in the City. Third, the applicant attests that this situation is not self-created. Planning staff visited Richard Siegel Park and noted the presence of several lighting poles that exceeded 20 feet. Staff is unaware of any complaints from neighboring residents or motorists regarding current lighting pole heights or illumination levels. The proposed lights on the west side of the soccer complex would be located closer to residential properties than any existing lights. Staff recommends that the applicant take all necessary steps to ensure that neighboring residential properties are not inconvenienced by the new lighting or the applicant’s ability to host nighttime activities. Such steps may include setting a firm ending time for all activities. Representatives of the Franklin Parks and Recreation Department will be in attendance at the meeting to discuss the project and answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  515 Cherry Lane Aerial Photographs Aerial photograph of 515 Cherry Lane. The affected area is located on the west side of Richard Siegel Park. 6 Aerial photograph of 515 Cherry Lane. The area affected by excess illumination is located along the western property line, near the left-center of the photograph. 7 8 9 10 11 12 13  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-049 Location: 1019 North Maple Street Applicant: Clyde Rountree of Huddleston-Steele Engineering Inc. representing Deep River Development Zoning: Multi-Family Residential (RM-16) District Request: A nine (9) foot Variance from Chart 2 of the Murfreesboro Zoning Ordinance, which requires a twenty-five (25) foot minimum rear yard setback in the RM-16 district 1 Request Overview The applicant, Clyde Rountree of Huddleston-Steele Engineering Inc. representing Deep River Development, wishes to construct a nine-unit residential development at 1019 North Maple Street, near the intersection of North Maple Street and West Hembree Street. One structure housing four of the proposed units would be constructed on the east side of the property. A second structure housing five of the proposed units would be constructed on the west side of the property. The property is zoned RM-16. Minimum setbacks for two-story, multiple-family dwellings in the RM-16 district are 30 feet on the front, 25 feet on the rear, and 20 feet on the sides. The applicant requests a nine foot Variance from the required 25-foot minimum rear yard setback for the structure on the west side of the property. Relevant Zoning Ordinance Section See Chart 2 of the Zoning Ordinance for minimum setback requirements in the RM-16 district. Staff Comments As shown on the attached aerial photograph, the subject property was previously used for a single-family residence. A vacant house currently sits on the property. The property is situated to the north of a fenced-in parking lot used by O’Charley’s restaurant, which fronts Memorial Boulevard. The subject property shares a rear property line with the Koji Express restaurant, which also fronts Memorial Boulevard. The Koji Express property would appear to be the property most directly affected by the proposed setback encroachment. The portion of the Koji Express property that adjoins the subject property is currently used as a parking area. The proposed setback encroachment would appear to have minimal—if any—effects on residential properties or public right-of-way. As shown on the attached exhibit, the northern and western property lines are angled, giving the property a slightly irregular shape. In the attached request letter, the applicant indicates that the irregularity of the rear (western) property line in particular poses a practical difficulty for this development. The applicant will be in attendance at the meeting to discuss the project and answer any questions the Board may have. Attached Exhibits 1. Murfreesboro Zoning Ordinance, Chart 2 2. BZA Application 3. Applicant’s Request Letter 4. Site Photographs 5. Applicant’s Supporting Materials 2 APPENDIX A - CHART 2 Minimum Lot Minimum Yard Land Use Requirements Requirements5, 17 Intensity Ratios Maximum Maximum Maximum Gross Lot 16 Area Width Front Side Rear Height Density2 Maximum Minimum Minimum Coverage DISTRICT AND USE (Sq. Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (D.U./Acre) F.A.R. L.S.R. O.S.R. (percent) RM-16 DISTRICT 1. Single-family detached dwellings and [12] other uses permitted except 6,000 50 30[1] 5[10] 25 35 7.3 none none none 35 [12] 2. Two-family dwellings 6,000 50 30[1] 5[10] 25 35 14.5 none none none 35 MURFREESBORO CITY CODE [12] 3. Three-family dwellings 9,000 50 30[1] 5[10] 25 35 14.5 none none none 30 [12] 4. Four-family dwellings 12,000 50 30[1] 5[10] 25 35 14.5 none none none 30 [12] [1] [7] 5. Single-family with zero lot line7 3,000 18 30 10 25 35 14.5 none none none none 6. Multiple-family dwellings FN[9] 50[12] 30[1] FN[3] 25 45 [11] FN[9] none none none none RM-22 DISTRICT 1. Single-family detached dwellings and A-275 [12] other uses permitted except 5,000 50 30[1] 5[10] 25 35 8.7 none none none 35 [12] [1] [10] 2. Two-family dwellings 5,000 50 30 5 25 35 17.4 none none none 35 [12] 3. Three-family dwellings 7,500 50 30[1] 5[10] 25 35 17.4 none none none 30 [12] 4. Four-family dwellings 10,000 50 30[1] 5[10] 25 35 17.4 none none none 30 [12] 5. Single-family with zero lot line7 2,500 18 30[1] 10[7] 25 35 17.4 none none none none 6. Multiple-family dwellings FN[8] 50[12] 30[1] FN[3] 25 60 FN [8] none none none none RZ DISTRICT 1. Single-family detached and single-family with zero-lot line attached or detached 3,000 30[12] 30[1] 5 20 35 14.5 0.3 0.48 0.7 none [12] 2. Other uses permitted 6,000 30 30[1] 10 20 35 none none none none 35 R-MO DISTRICT [12] 1. Mobile homes 4,000 40 25[1] 10 15 12 10.9 none none none none 3 4 5 6  1019 North Maple Street Aerial Photographs Aerial photograph of 1019 North Maple Street. The Koji Express restaurant is visible on the west (left) of the subject property. 7 Aerial photograph of 1019 North Maple Street. An existing single-family house and accessory structure are visible in the photograph. 8 9  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-050 Location: 1825 Old Fort Parkway Applicant: David Beiter of Goodwill Industries Zoning: Highway Commercial (CH) District Requests: 1) A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; and 2) An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits the length of Temporary Mobile Recycling Center receptacles to forty (40) feet 1 Request Overview The applicant, David Beiter, seeks both a Special Use Permit and a Variance from the Board. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Temporary Mobile Recycling Center as a use allowed in the CH zone by Special Use Permit. Section 31(A) of the Zoning Ordinance places a one-year limitation on the duration of Special Use Permits granted for this use. Section 31(C)(1) of the Zoning Ordinance limits the length of Temporary Mobile Recycling Center receptacles to 40 feet. The applicant wishes to continue using a trailer (48 feet in length) for the collection of clothes, furniture, and miscellaneous household items at the Towne Center Shopping Center at 1825 Old Fort Parkway. The applicant has obtained permission from shopping center management to continue operating the trailer. In the attached letter of application, the applicant indicates that the trailer at 1825 Old Fort Parkway is visited by an average of 79 donors per day. Relevant Zoning Ordinance Section Section 31(C)(1): No receptacle shall exceed forty feet in width. Staff Comments With regard to the Special Use Permit, the applicant attests that—with the exception of receptacle length—the requirements listed in Section 9(C) and Section 31(C) of the Zoning Ordinance have been satisfied. Specifically, the attached letter of application indicates that the Temporary Mobile Recycling Center: is reasonably compatible with adjoining properties; has limited signage; is kept in a clean, safe, and sanitary condition; does not impair traffic flow; is located at least 300 feet from residential districts; has no processing equipment; and upholds minimum required setbacks. The Board has previously granted a Special Use Permit to this applicant for this use; the applicant’s current Special Use Permit expires on July 31, 2015. With regard to the Variance request, the applicant wishes to continue using a 48-foot trailer, which exceeds the 40-foot limitation by eight (8) feet. The letter of application indicates that adhering to the 40-foot trailer limitation when Goodwill Industries employs standard 48-foot trailers would create a hardship and practical difficulty for the applicant. The Board has previously granted a Variance to the applicant for a trailer 48 feet in length. Each request will require a separate motion. The applicant will be in attendance at the meeting to discuss the project and answer any questions the Board may have. 2 Recommended Conditions 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement of the CH zone. 3) The Special Use Permit shall be valid from August 1, 2016, until July 31, 2017. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5 6 7 1825 Old Fort Parkway, aerial showing trailer location 8 1825 Old Fort Parkway, view from east looking westward (Photo taken by Staff, 7/16/15) 9 10 11 12 13 14  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-051 Location: 1114 Mercury Boulevard Applicant: David Beiter of Goodwill Industries Zoning: Highway Commercial (CH) District Requests: 1) A Special Use Permit to allow a Temporary Mobile Recycling Center in the CH district; 2) An eight (8) foot Variance from Section 31(C)(1) of the Murfreesboro Zoning Ordinance, which limits the length of Temporary Mobile Recycling Center receptacles to forty (40) feet; and 3) A 175-foot Variance from Section 31(C)(6) of the Murfreesboro Zoning Ordinance, which requires a 300-foot minimum distance between receptacle and residentially-zoned property 1 Request Overview The applicant, David Beiter of Goodwill Industries, seeks a Special Use Permit and two Variances from the Board. Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Temporary Mobile Recycling Center as a use allowed in the CH zone by Special Use Permit. Section 31(A) of the Zoning Ordinance places a one-year limitation on the duration of Special Use Permits granted for this use. Section 31(C)(1) of the Zoning Ordinance limits the length of Temporary Mobile Recycling Center receptacles to 40 feet. Section 31(C)(6) requires a minimum distance of 300 feet between a Temporary Mobile Recycling Center and any residentially-zoned property. The applicant wishes to continue using a trailer (48 feet in length) for the collection of clothes, furniture, and miscellaneous household items at the Mercury Plaza shopping center at 1114 Mercury Boulevard, approximately 125 feet from the nearest residentially-zoned property. The applicant has obtained permission from shopping center management to continue operating the trailer. In the attached letter of application, the applicant indicates that the trailer at 1114 Mercury Boulevard is visited by an average of 38 donors per day. Relevant Zoning Ordinance Sections Section 31(C)(1): No receptacle shall exceed forty feet in width. Section 31(C)(6): No receptacle shall be located closer than three hundred feet from residentially zoned property. Staff Comments With regard to the Special Use Permit, the applicant attests that—with the exception of receptacle length and distance to residential properties—the requirements listed in Section 9(C) and Section 31(C) of the Zoning Ordinance have been satisfied. Specifically, the attached letter of application indicates that the Temporary Mobile Recycling Center: is reasonably compatible with adjoining properties; has limited signage; is kept in a clean, safe, and sanitary condition; does not impair traffic flow; has no processing equipment; and upholds minimum required setbacks. The Board has previously granted a Special Use Permit to this applicant for this use; the applicant’s current Special Use Permit expires on July 31, 2016. With regard to the first Variance request, the applicant wishes to continue using a 48-foot trailer, which exceeds the 40-foot limitation by eight (8) feet. The letter of application indicates that adhering to the 40-foot trailer limitation when Goodwill Industries employs standard 48-foot 2 trailers would create a hardship and practical difficulty for the applicant. The Board has previously granted a Variance to the applicant for a trailer 48 feet in length. With regard to the second Variance request, the applicant wishes to continue using a trailer that is situated 125 feet from the nearest residentially-zoned property. Section 31(C)(6) of the Zoning Ordinance requires a minimum separation of 300 feet between a Temporary Mobile Recycling Center and any residentially-zoned property. Thus, the applicant seeks a 175-foot variance from this requirement. The western side of Second Avenue is zoned RS-10 and is currently used for residential purposes. Staff is not aware of any complaints pertaining to the trailer from neighboring residents. The Board has previously granted a Variance to the applicant to allow a 125-foot separation between the trailer and the nearest residentially-zoned property. Each request will require a separate motion. The applicant will be in attendance at the meeting to discuss the project and answer any questions the Board may have. Recommended Conditions 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42-foot front setback requirement of the CH zone. 3) The Special Use Permit shall be valid from August 1, 2016, until July 31, 2017. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 102D M 35 CH CH 4 5 6 7 1114 Mercury Boulevard, aerial showing trailer location 8 1114 Mercury Boulevard, view from west looking eastward (Photo taken by Staff, 7/17/15) 9 10 11 12 13  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2016 Application: Z-16-052 Location: Along the east side of John R. Rice Boulevard Applicant: Clyde Rountree of Huddleston-Steele Engineering Inc., representing Mountain Star Properties LLC Zoning: Highway Commercial (CH) District Requests: 1) A Special Use Permit to allow a Self-Service Storage Facility in the CH district; and 2) A Variance from Section 27(K)(3)(a) of the Murfreesboro Zoning Ordinance, which requires a three (3) foot minimum landscape strip adjacent to the base of a building along the building’s sides 1 Request Overview The applicant, Clyde Rountree of Huddleston-Steele Engineering Inc., representing Mountain Star Properties LLC, wishes to construct an enclosed Self-Service Storage Facility on property located along the east side of John R. Rice Boulevard. The attached site plan indicates that the building’s dimensions would be approximately 180 feet by 190 feet. The subject property is a 7.48-acre parcel and is zoned CH. The southern portion of the subject property is being redeveloped as a Texas Roadhouse restaurant. Chart 1 of the Murfreesboro Zoning Ordinance indicates that Self-Service Storage Facilities are allowed in the CH district by Special Use Permit. In addition to the Special Use Permit request, the applicant also seeks a Variance from Section 27(K)(3)(a) of the Murfreesboro Zoning Ordinance, which requires a three (3) foot minimum landscape strip adjacent to the base of a building along the building’s sides. As shown on the site layout exhibit provided by the applicant, the proposed structure would have a landscape strip only along its John R. Rice Boulevard frontage. Relevant Zoning Ordinance Section Section 27(K)(3)(a): A three (3) foot minimum width landscape strip planted with shrubs, trees, and other landscape materials in accordance with this Section 27 shall be provided along the front and sides adjacent to the base of the buildings or separated from buildings by sidewalk. The landscape area may be used for menu boards to the extent otherwise permitted by this article and other regulations of the City. Staff Comments With regard to the Special Use Permit request, Section 9(D)(2)(uuu) of the Zoning Ordinance lists five specific standards for Self-Service Storage Facilities. The first standard prohibits certain activities; the applicant is required to follow these restrictions. The second standard relates to Self-Service Storage Facilities that share property lines with residential properties. The proposed facility abuts other CH-zoned properties on all sides. The third standard is a requirement that a ten-foot landscape strip be planted along the front property line abutting all public rights-of-way. As shown on the applicant’s site layout exhibit, sufficient space exists along the front property line to provide a ten-foot landscape strip. In addition to a ten-foot landscape strip along the right-of-way, the exhibit shows an additional landscape area of approximately ten feet in width along a portion of the front of the building. The fourth standard relates to the screening of outdoor storage areas from residential properties. The attached site plan shows a truck rental area on the north side of the proposed structure; the truck rental area does not appear to lie adjacent to any residential properties. The fifth standard relates to the Board’s ability to impose additional screening, lighting, and security measures on the site. 2 Because the proposed structure is completely enclosed, staff does not recommend any additional measures. With regard to the Variance request, Section 27(K)(3)(a) of the Zoning Ordinance requires a three-foot landscape strip along the front and sides of a building. As shown on the site plan, the applicant intends to install a landscape area across the center portion of the front of the proposed building. The remaining portions of the building’s base would not have landscape strips. A review of the building’s elevations indicates that the sides of the structure will include several garage-type doors; presumably, a landscape strip would prohibit access to these doors. In the attached request letter, the applicant indicates that additional landscaping along John R. Rice Boulevard will improve the site’s appearance from the public right-of-way. The applicant will be in attendance at the meeting to discuss the project and answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5 6  John R. Rice Boulevard Aerial Photographs Aerial photograph of John R. Rice site. Proposed storage building would be located north of the future Texas Roadhouse restaurant. 7 Closer view of proposed self-service storage facility site on John R. Rice Boulevard. 8 9 10