Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, September 28, 2016, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Consideration of minutes for the regular meeting on August 24, 2016 3. Consideration of minutes for the special meeting on August 24, 2016 4. New Business Special Use Permit Requests a. Application Z-16-058 by Kirk Fischer, requesting a Special Use Permit to allow a Home Occupation (Accountant Office) on property in the Duplex Residential (R-D) District located at 807 North Church Street. b. Application Z-16-059 by William Kennedy, requesting a Special Use Permit to allow a Group Daycare Center on property in the Single-Family Residential (RS-10) District located at 1411 Marymont Drive. 5. Staff Reports and Other Business 6. Adjourn  Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals August 24, 2016 – 1:00 P.M. City Hall, Room 218 MEMBERS PRESENT MEMBERS ABSENT Julie King Frances Mosby Ken Halliburton, Vice-Chair Davis Young, Chairman Tim Tipps STAFF PRESENT Donald Anthony, Principal Planner David Ives, City Attorney Brenda Davis, Recording Assistant Gary Whitaker, Planning Director Jim Crumley, Assistant City Manager Chairman Young called the meeting to order at 1:00 P.M. Mr. Anthony said there will be a Special BZA Meeting after the Regular BZA Meeting adjourns. Since one applicant did not meet the submittal deadline for the regular meeting, a fee was charged for the special meeting. The applicant needed action from the BZA before the next submittal date. Mr. Anthony said after the regular meeting is adjourned, the special meeting will be convened. Minutes from the June 29, 2016 and July 27, 2016 regular meetings were approved as submitted. New Business Variance and Special Use Permit Request Application Z-16-053 by Jim Crumley of the City of Murfreesboro, making the following requests for property in the Multi-Family Residential (RM-16) district located at 701 Bridge Avenue: i) A Special Use Permit to allow an Institutional Group Assembly Use (Public Building) in the RM-16 district; and BZA Minutes Regular Meeting August 24, 2016 ii) A thirty (30) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which allows a maximum height of thirty-five (35) feet for structures in the RM-16 district. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. He said two separate motions were needed, one for each request. Mr. Mark Lee with SEC, Engineering was present to answer questions. The following City representatives were also present for questions: Mr. Jim Crumley, Assistant City Manager Chief Carl Durr, Police Department Chief Mark Foulks, Fire Department Mr. Crumley came to the podium stating Mr. Anthony did a good job in presenting the application. He said 15 months ago the City proposed this application for another location (Coleman Farms). Since then, a new Police Chief, Carl Durr and Fire Chief, Mark Foulks, have been added to City staff. Mr. Crumley invited Chief Durr and Chief Foulks to the podium to walk-thru the process and show how the buildings will be placed on the grounds. Mr. Crumley said all the elements that were present at the Coleman Farms site are on this site with the exception of the rifle range. He said the need for the training facility has not changed and the elements of the training facility have not changed. He said this is a different location with different placement on the ground. Chief Carl Durr and Chief Mark Foulks came to the podium. Chief Durr said the site has a training building, which will have some administrative offices for the training staff and indoor training classrooms. He said the storage building will store things needed for the training facility (ex. driving cones, police vehicles used in training). Chief Durr said nothing would be stored outside. Chief Foulks said there is a 3-story burn tower on the site plan, but they will not be using the tower for burning. He said there will be smoke derived from a smoke machine that will have PVC pipe running through the tower in different rooms where the smoke can be distributed. Chief Foulks said the smoke is hypoallergenic and non-toxic. He said the smoke is generated by a smoke machine similar to any type of environment that would utilize smoke machines even in indoor environments. Chief Foulks said the 2-story burn building will be used for live burn using Class A material. He said the Tennessee Department of Environmental Conservation and National Fire Protection Association Regulations are very strict on what they can burn and how they put firefighters into live burn situations. Chief Foulks said the Fire Department would adhere to all those regulations. He said Class A materials would be utilized; these include clean wood or wood products, and no painted or treated materials would be used. He said after the Franklin Heights area was emptied 2 BZA Minutes Regular Meeting August 24, 2016 out, the Murfreesboro Housing Authority allowed the Police and Fire Departments to utilize some of the existing buildings on a temporary basis. That is how they came up with the idea of acquiring the property from the Murfreesboro Housing Authority and repurposing it into a training facility. He said five existing buildings would make very good buildings for training because they are concrete block and brick so they are essentially indestructible for firefighters and police officers. He said they are utilizing those buildings for search and rescue and other things from both agencies. Chief Durr came to the podium and said the five existing buildings would provide the police with streetscape where they could perform felony car stops and different situations for officers in training. He said it would enable them to move inside the buildings where they could practice building entries. Adjacent to that is also the K-9 field. He said there will not be any kennels or dogs will kept overnight. He said all the structures on that field would be non-permanent. The K-9 training will be for search and rescue along with different kinds of detection methods. Chief Durr said it would increase the fire and police capabilities today and in the future as the city grows. Chief Foulks said the building directly across from the K-9 will be a restroom for when they are out doing the outdoor facilities practical uses for the drill towers. He said this building would also hold a small kitchen for the outdoor classroom. He said that they would limit nighttime activities to the restrictions in the application. He said they would do that through the fire and police Standard Operating Guidelines (SOGs). This would prohibit them from doing any type of training after hours that would impact the neighborhood. He said the entire facility has been designed to be non-impact to the surrounding community, pointing out the closest houses are on Kenslo Avenue. Chief Foulks said he and Chief Durr walked door-to-door among houses and discussed this with the residents on Kenslo Avenue as well as the business owners along Bridge Avenue asking if they had any concerns. They also informed the neighbors of the neighborhood meeting. He said the neighbors expressed their desire for the training center to be there because there were rumors the property would be repurposed for additional apartments or purchased by an industrial manufacturer. Chief Durr said they were able to make contact with approximately 90 percent of the people that live in the area and said no one expressed any concerns about the facility. He said the most asked question pertained to the firearms range as the Rutherford County firearms range could be heard in the background. Chief Durr reassured the neighbors that Police and Fire would be good neighbors and address any concerns that might come up. Chief Foulks said there was a neighborhood meeting on Tuesday night and there were some concerns about traffic. (Editor’s note: The neighborhood meeting was held on Monday, August 22, 2016.) He said they do not feel like this is going to have impacts on traffic. He said most of their training will be begin in the 8:30 AM – 9:00 AM range 3 BZA Minutes Regular Meeting August 24, 2016 as far as their personnel coming to the site to train. He said they would be coming to the site for training and then go back to their station afterwards. Chief Foulks pointed out traffic for this type of facility would have less of an impact than apartments with residents. Chief Foulks told the neighbors that if there are issues that come up to please let them know, and they will resolve or attempt to resolve the issues with the city. Mr. Crumley came back to the podium and said the Transportation Staff came back after the Monday evening public meeting and pulled up the three TDOT traffic counts closest to the site. He said the first site was Bridge Avenue in front of McFadden school; the second site was Main Street at the railroad crossing; and the third site was at the intersection of Bridge and Salem Highway. He said fifteen years of data on the TDOT site showed there has not been a marked increase in traffic at any of those three counting stations. Mr. Crumley said staff was surprised to learn that 2015 was not the highest year of traffic recorded. Staff thought that bridge work going on at Broad and Memorial would lead people to use Bridge Avenue and Main Street as a cut-through, but the data is not showing that. Mr. Crumley repeated there was no major increase in traffic at any of those three stations over the 15-year period of TDOT’s measurements. Mr. Halliburton asked if there would be an 8-foot chain link fence around the property. Mr. Crumley said fencing is proposed for the Bridge Avenue and Salem Highway sides. He said they are proposing brick columns with metal bars in-between, very similar to what is going up in front of the police headquarters on Highland Avenue. Mr. Crumley said an existing chain-link fence is located along the industrial side and back side of the property today. Mr. Halliburton asked what kind of landscaping would be planted in the 20-foot landscaping buffer. He wanted to know if there was an existing buffer already there. Mr. Crumley said the buffer does not exist on the Bridge Avenue or Salem Highway side. He said they need some kind of privacy inside because a lot of the activity the Public Service team will use will cause people to stop and look. He said the buffer will be as opaque as they can make it with landscaping material. Ms. King asked if the brick fence would go around where the green is on the map. She asked the applicant to show the Board where the chain-link fence and brick fence will be located. Mr. Crumley said the brick fence would go on the Salem Highway side and Bridge Avenue side. He said there is chain-link fence on the other two sides that need some repairs but there will be no substantial changes to that fence. Mr. Crumley said they proposed adding landscaping on the Kenslo Avenue side. 4 BZA Minutes Regular Meeting August 24, 2016 Ms. King asked if the chain-link fence would remain. Mr. Crumley said the existing chain-link fence would remain and that the decorative fencing would be added to the street frontages. Mr. Tipps asked if there would continue to be ingress and egress on Kenslo Avenue. Mr. Crumley said the plan calls for landscaping on Kenslo Avenue, all the way to the end of the buildings. Mr. Crumley said the entrance off Kenslo Avenue would be a gated, non-use exit in case of emergencies, adding this would not be used for a public thoroughfare. He said the front of the facility will also be gated as the facility will be secured when there is no one there to make sure no one gets on-site after hours. Ms. King asked if there would be only one entrance and exist for the most part onto Bridge Avenue. Mr. Crumley said yes. Ms. Mosby verified the cadaver dogs would be moved every night and not stay on the property. Chief Durr said there will not be any dogs left on-site. He said the officers will transport their dogs into the facility for training and transport them out in their vehicles after the training. He said there are usually not more than two to three dogs on the course at the same time. Chairman Young asked if the police training activities would consist of any weapons or blanks utilized in the training. Chief Durr said there are simluations that create a very small “pop”. He said the Police would not be doing any of this type training during the evening, just during the daytime. He said they might use some of the buildings for night entries but would not use simulations to keep from disrupting the neighborhood. Chairman Young asked if Chief Durr considered this type training to be the most disruptive activity there. Chief Durr said the simulations or a barking dog. He said the neighbors might hear cars on the driving pad during the daytime. Chairman Young asked about the plans for Highway 99 and the right-of-way. 5 BZA Minutes Regular Meeting August 24, 2016 Mr. Crumley said the state right-of-way is already accounted for on their side of the street. Chairman Young opened the public hearing. Mr. Kenneth Wayne Johnson at 215 January Street came to the podium and said he has lived at this location for 37 years. He said he cannot get out of January Street to Bridge Avenue because of the traffic. He said he can never get out of Bridge Avenue to Salem Highway. He said from Thornton’s all the way to I-24 anytime in the morning and evening, it is blocked there. Mr. Johnson questioned how this would be a safe entrance since there is only one entrance. He realized there were lights they could turn on and come out but the people that live there don’t have lights. Mr. Johnson referred to Kenslo Avenue stating there are two owners over there, and all the rest are renters. He said renters don’t care what’s done over there. He said if you go by McFadden School at 2:30 in the afternoon, the road is blocked from King’s Highway all the way to Old Highway 99 and if you turn right, the cars are blocked and if you turn left, the cars are blocked. He questioned how this can be safe. Mr. Johnson said he is for them having a place to train but he was told they didn’t want to go out of town to train. He went on to say Christiana is not that far out of town. People go back and forth there every day to work. Mr. Johnson did not think this proposed location is a good place for the training center to be. He referred to the traffic count in 2015 which states the traffic has not increased but he can’t get out of his road. He asked how many wrecks have they called to check on at Hwy 99 and Bridge Avenue; West Main and Hwy 99; West Main and King’s Highway. He said there are wrecks there all the time so he cannot figure out why there are no traffic problems. Mr. Johnson said the public should be placed first. He referred to the gun situation stating there is a gun station at the county office and he didn’t have any say so on that. He said the county claims the neighbors cannot hear the gun shots but he hears them all night long sometimes. He thinks they should do a traffic count. Mr. Johnson said a lot of his neighbors are elderly and were unable to come and speak. He said the police and fire chiefs said they went door-to-door and spoke with the neighbors, but they never came to his door. He said his home is less than 250 feet from the proposed location. Mr. Johnson said he received information in the mail about this proposed project. He said all the old people were run out of the houses and now they want to put a fire center there. He said first the people were told they were going to rebuild the homes. Mr. Johnson told the people they were lied to because that property was too valuable to rebuild there. He felt it was a bad choice to move the elderly people out from this location after being there for over 40 years. He said again the traffic is his number one concern. He sees the traffic every day. He said the city should take care of the people and traffic first, stating there is already a nice place to train in Christiana. He said there was some property on Malloy Lane but was told that piece of property was too high. He also referred to Ms. Beasley’s property off I-24 and thought that would be a good location because of access. He was told that property was also too high. 6 BZA Minutes Regular Meeting August 24, 2016 Chairman Young closed the public hearing. Mr. Tipps asked, given the design with the entrance from Hwy 99 off from Bridge Avenue, whether there was any thought about having the entrance placed farther away from Hwy 99 as that might improve the flow of traffic coming in and out. Chief Foulks said they reviewed the site and said it is really difficult. In an attempt to keep the drill tower and things that are making the most noise away from Kenslo Avenue and the other neighbors, it was very difficult to locate a 300 x 300 driving pad. He added the infrastructure is already there such as the hydrants and the utility lines, which are already running along that route. To relocate a lot of those things and the roadbed would be an incredible amount of money. Chief Foulks said he has visited the site dozens of times while the firefighters are training and has never had an issue getting in or out of the facility during the daytime hours. He agreed there is an increased traffic flow during school hours (early morning and mid-afternoon) but those times will have little impact on the site as far as traffic in and out of the facility. Chief Foulks said they have looked at the facility multiple times a day since they have been there and have not had any issues getting their apparatus in or out of the facility. Chief Foulks also addressed Mr. Johnson’s concern regarding the State Fire Academy Training Facility located in Bell Buckle. Chief Foulks said it is a State Fire Academy which is utilized by departments all over the state. He said the Fire Academy does a lot of training with the rookie school and other officer-level training. Chief Foulks said ISO requires them to have 18 hours of training per firefighter per year at a training facility. He said there are requirements the facility must meet for the firefighters to obtain the training hours. One requirement is the facility has to be on at least two acres with a 3- story drill tower along with other requirements. He said this facility meets the requirements. He said there would be 30 to 45-minute drive to the State Fire Academy and cause a major scheduling problem. He said it would be essentially impossible for them to get 199 certified personnel 18 hours a year of training at to the State Fire Academy in an effective manner. He said that is the reason they need this facility. He said that operationally and safety-wise, the Fire Department needs the enhanced training this type of facility will offer them to be able to conduct more training to obtain the 18 hours per person per year. He said that is the reason they want to locate the site in Murfreesboro where they have the ability to send their apparatus on-duty to the site on a daily basis. Chairman Young asked how many residents previously lived at this location. Mr. Anthony said there were between 450 – 500 people and occupied about 150 units. 7 BZA Minutes Regular Meeting August 24, 2016 Chairman Young said traffic is always a concern, especially dealing with a facility like this. He feels this site would have less impact than the previous 150-unit residential facility. Mr. Tipps concurred with Chairman Young and expressed sensitivity to Mr. Johnson’s point. He said when you think of the different types of impacts, commercial activity is going to provide much more traffic. He said multi-family residential would cause more traffic impacts than this proposal. He thinks Mr. Johnson might see less traffic impact instead of worse traffic. Mr. Halliburton said the thought process that has been put into this regarding the layout and eliminating the outdoor firing range was a huge issue. He understands Mr. Johnson’s concern about the traffic and said the traffic will not overwhelm the area during the timeframe the facility will be utilized. He said if this property were sold to a developer and made into a multi-family neighborhood, there would be more traffic in the area. He said he was not in favor of the other site but is in favor of this site. Mr. Halliburton made a motion to approve a Special Use Permit to allow an Institutional Group Assembly Use (Public Building) in the RM-16 district located at 701 Bridge Avenue. The motion was seconded by Ms. Mosby and approved unanimously. Ms. King made a motion to approve a thirty (30) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which allows a maximum height of thirty-five (35) feet for structures in the RM-16 district. Special Use Permit Requests Application Z-16-054 by Monica Robertson, requesting a Special Use Permit to allow a Home Occupation (Counseling Office) on property in the Single-Family Residential (RS-15) district located at 2410 Ravenwood Drive. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. If the Board approves the request, Staff recommends the following condition: 1) The applicant shall provide a site diagram of the property showing the office location. Ms. Monica Robertson was present to answer any questions. Mr. Halliburton compared the number of people that would be allowed at a group session to an in-home daycare. He asked if the State determines the number of children 8 BZA Minutes Regular Meeting August 24, 2016 that can be at a daycare. He asked if the number of children was determined by square footage. Mr. Anthony said the number is based on how the State classifies the daycare and did not think there was any square footage attached to it. Chairman Young asked if Ms. Robertson requested a certain number of people she expected at a time. Ms. Robertson came to the podium and said eight (8) people, at the most. Chairman Young opened the public hearing. There being no one to speak for or against the request, Chairman Young closed the public hearing. Ms. King asked her proposed hours of operation. Ms. Robertson said 8:00 P.M. would be the latest time anyone would be in her house for group instruction. Ms. Robertson said group instruction would probably begin at the first of next year. Ms. King asked the applicant when groups would meet. Ms. Robertson said Monday through Saturday. She said right now, outside of her business she hosts the Riverdale Girl’s Rugby Team at her home to watch games. She said her foster daughter has a small group from Oakland High School that comes to the house. Ms. Robertson said as far as the business is concerned, groups would probably meet Saturdays, usually toward the weekends and not during the week. Ms. King asked whether there was something in the agenda materials that requested a specified time. Ms. Robertson said there was something in the City material that said if a business wanted to host a group that the Board of Zoning Appeals has the option to set the maximum number of people who can participate at one given time. Ms. King verified that typically when businesses are approved the Board of Zoning Appeals sets the timeframes. Mr. Anthony said the Board can do that. Ms. Robertson said her business hours are between 10:00 a.m. and 8:00 p.m., Monday through Saturday. 9 BZA Minutes Regular Meeting August 24, 2016 Mr. Halliburton asked the average number of sessions Ms. Robertson would have in any one day. Ms. Robertson said she has seen people from her church from 2007 to 2014. She said her non-profit was established in 2014. She has been part-time since then as she is still in school. She said once she got a full load, 25 people max a week. Ms. Mosby referred to parking and asked if there was enough parking in her driveway. Ms. Robertson said yes, stating they installed a circular drive for that purpose. She said there is a large area in the back for parking. She said they have worked around the parking pretty well as there have not been any complaints from neighbors. Ms. Robertson said she actually counsels some of her neighbors. She said there are two police officers that also live on her street. She said the neighbors all look out for each other and make sure they are parking in the direction they are supposed to park if they are in front of the home. Mr. Tipps verified that Staff is suggesting, if approved, that Ms. Robertson provide an actual layout for the office since she is not pursuing the addition to her home. Mr. Anthony said yes stating one of the standards for home occupations is it can’t occupy more than a quarter of your house. He said Ms. Robertson needs to provide an aerial photo and indicate the portion of her house where the business will occur. Mr. Anthony said it is a standard so unless the Board is going to make an exception to the standard, she will be required to adhere to the 25 percent maximum. Ms. King verified that after Ms. Robertson provides the layout of her home and if the space exceeds the 25 percent maximum, Ms. Robertson would need to come back to the Board of Zoning Appeals. Mr. Anthony said yes, that is correct. Mr. Tipps asked if that would also pertain to sign compliance. Mr. Anthony said a home occupation is allowed to have a 3-square foot sign. Anything larger than that would need to talk with the City Sign Administrator to determine if any process would be needed for altering that. Mr. Tipps made a motion to approve a Special Use Permit to allow a Home Occupation (Counseling Office) on property in the Single-Family Residential (RS- 15) district located at 2410 Ravenwood Drive with the following condition: 10 BZA Minutes Regular Meeting August 24, 2016 1) The applicant shall provide a site diagram of the property showing the office location. The motion was seconded by Ms. Mosby. Ms. King asked whether a second motion would be needed regarding group instruction or if this motion included group instruction. Mr. Ives said there should be only one motion. Mr. Tipps assumed his motion took in the group instruction since it is a counseling office. He also did not make any comment on operating hours and thought that would be something that needed to be determined as well, so Mr. Tipps withdrew his motion. Mr. Anthony said the motion needs to include the number of people who can be present at one time and the hours at which group instruction can occur. Mr. Tipps asked how that would be enforced. Mr. Anthony said those types of situations are monitored on a complaint base, through the police or zoning violation calls. Mr. Tipps made a motion to approve a Special Use Permit to allow a Home Occupation (Counseling Office) on property in the Single-Family Residential (RS- 15) district located at 2410 Ravenwood Drive with the following conditions: 1) The maximum number of people allowed on the premises for group instruction shall be twelve (12). 2) Hours of operation shall be limited to Monday through Saturday from 10:00 a.m. – 8:00 p.m. 3) The applicant shall provide a site diagram of the property showing the office location. Ms. Mosby and Mr. Halliburton questioned the number of people allowed in the group instruction thinking the number agreed upon was (8) eight. Mr. Tipps said Ms. Robertson asked for eight but he was being a little more lenient and allowed twelve (12) people. He has had church groups meet in his house that consisted of 18 – 20 people so he doesn’t think 12 people is bad. Mr. Halliburton said when anyone is putting a business in their home, the streetscape should not be impacted. He feels the number of people should be limited. A business in the home does not need to have on-street parking to accommodate the number of people that would be coming to the house as part of the business. Mr. Halliburton said he would be willing to move forward with the application if Mr. Tipps amended the 11 BZA Minutes Regular Meeting August 24, 2016 condition to allow the maximum number of people on the premises for group instruction to eight (8) people. He said if the condition is not amended, he will vote against the application. Mr. Tipps amended his motion by changing the first condition to: 1) The maximum number of people allowed on the premises for group instruction shall be eight (8). The amended motion was seconded by Mr. Halliburton. Mr. Halliburton also commented that he does not recall ever approving a business in a home to operate until 8:00 P.M. He said the only reason he would go with 8:00 P.M. is because it sounds like Ms. Robertson has already been operating the business. He said no one has come forth saying they are in opposition. He said it sounds like Ms. Robertson is operating the business in a fashion that is not impacting the neighbors or they would hear about it or someone in the neighborhood would be against it. Mr. Halliburton did not want to set a precedent that we are going to have these in-home businesses open until 8:00 P.M. when someone else comes before the Board of Zoning and wants to put a hair dressing facility in a home and requests like that. He wanted to include this as public information. Mr. Tipps agreed with Mr. Halliburton and said this is new to him as he has only been to a couple BZA meetings. Chairman Young said these sort of things are handled on a case-by-case basis. He said there are some guidelines, but there are some circumstances that allow for variances from one to another. The motion was approved unanimously. Application Z-16-055 by Sharon White, requesting a Special Use Permit to allow an Accessory Apartment on property in the Single-Family Residential (RS-15) district located at 951 Esquire Court. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. If the Board approves this request, Staff recommends the following condition: 1) The applicant shall complete the “Restriction on Use of Land” document prepared by the City Attorney and shall comply with all notarization and recording requirements as determined by the City Attorney. Chairman Young opened the public hearing. There being no one to speak for or against the request, Chairman Young closed the public hearing. 12 BZA Minutes Regular Meeting August 24, 2016 Ms. Mosby made a motion to approve a Special Use Permit to allow an Accessory Apartment on property in the Single-Family Residential (RS-15) district located at 951 Esquire Court with the following condition: 1) The applicant shall complete the “Restriction on Use of Land” document prepared by the City Attorney and shall comply with all notarization and recording requirements as determined by the City Attorney. The motion was seconded by Ms. King and carried unanimously in favor. Application Z-16-056 by Clyde Rountree of Huddleston-Steele Engineering Inc., representing Mary Reed, requesting a Special Use Permit to allow a Self-Service Storage Facility on property in the Commercial Fringe (CF) district located along the east side of Veterans Parkway, south of Cloister Drive. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Clyde Rountree with Huddleston-Steele Engineering came to the podium and showed some photos of projects Mr. Reed has constructed in the past. Mr. Anthony said he received an e-mail from a concerned citizen which he passed out to all the Board Members. Chairman Young verified the photos provided by Mr. Rountree are for the front section located on the west side of the property. Mr. Rountree agreed and said there was one photo that showed a façade of the mini- storage. He said the photos were provided to show the high quality of the buildings, along with the nice masonry products and architectural character. He pointed out it is a mixed use with retail and commercial on the front end and storage on the back-end. Mr. Rountree said the office for the storage facility will be on the front end of the building as part of the commercial section and the storage will be located in the back of the facility. Ms. King asked if the storage portion would be fenced. Mr. Rountree said yes. Chairman Young referred to the e-mail Mr. Anthony handed out stating it mentioned water issues and water run-off. He asked if that issue would be dealt with later in the review cycle. Mr. Rountree said the storm water drainage, lighting, and architectural buildings will be addressed at the site plan review. He said there were questions regarding the staging of 13 BZA Minutes Regular Meeting August 24, 2016 construction and phasing. He said as Mr. Reed gets the building process started, he will continue to build more buildings. There will be architectural renderings that will accompany the buildings along with the height of the buildings which will be identified at the site plan review level. Mr. Rountree said that a lot of the questions the e-mail consisted of will be covered at the site plan review level with the Staff. He said there has been a neighborhood meeting and the issues identified should be covered in the site plan review process. Chairman Young opened the public hearing. There being no one to speak for or against the request, Chairman Young closed the public hearing. Mr. Tipps asked if anything has been submitted to the Planning Commission yet. Mr. Anthony said the applicants have come to the Planning Commission for annexation and rezoning only but not for the project. Mr. Tipps verified the Planning Commission would have to address all of the issues before obtaining approval. Mr. Anthony said yes. Mr. Tipps verified the action today is just to approve a Special Use Permit for this type of facility in the Commercial Fringe (CF) district. Mr. Anthony agreed. Ms. King verified it is only limited to the self-storage facility. Mr. Anthony said yes, adding the self-storage facility will be located in the rear portion of the property. Mr. Halliburton said the reason mini storage facilities are required to have a Special Use Permit is based upon the look of the additional mini warehouse twenty years ago. He said some of the mini warehouses that have been developed in the last ten years are nicer than some commercial buildings that are located around town. Mr. Halliburton asked if there was a thought process that these will still have to have a Special Use Permit going forward. Mr. Anthony said they are only allowed, by right, in Heavy-Industrial (HI). He said that in other areas, they are allowed by Special Use Permit. Mr. Anthony indicated that he had spoken with Mr. Whitaker, Planning Director, about allowing storage facilities by right in the Light Industrial (LI) and Commercial Highway (CH), if not Commercial Fringe (CF) districts. If they are going to meet the architectural standards and satisfy the 14 BZA Minutes Regular Meeting August 24, 2016 other conditions associated with it, maybe this process isn’t necessary for some of them. He said they will continue to have those discussions. Mr. Halliburton said one of the comments in the e-mail, which would be true of any mini-storage facility, is it is not manned 24-hours. He gave an example that if a band chose to go there and do their thing, the neighbors could call the police and take care of the situation. Mr. Anthony agreed, they could call the police. He pointed out when the Board approves a Special Use Permit it is with the property for the rest of time. Mr. Anthony said Mr. Reed developed these in the past and agreed to set certain standards such as hours of operation, ensuring no one will live in the units and there will not be excessive noise. Mr. Anthony said he has presented himself as an excellent landlord. Mr. Halliburton made a motion to approve a Special Use Permit to allow a Self- Service Storage Facility o property in the Commercial Fringe (CF) district located along the east side of Veterans Parkway, south of Cloister Drive. The motion was seconded by Ms. Mosby and carried unanimously in favor. Staff Reports and Other Business None Meeting adjourned at 2:00 P.M. _________________________________ ________________________________ CHAIRMAN SECRETARY 15  Special Meeting Minutes of the Murfreesboro Board of Zoning Appeals August 24, 2016 – 1:45 P.M. City Hall, Room 218 MEMBERS PRESENT MEMBERS ABSENT Julie King Frances Mosby Ken Halliburton, Vice-Chair Davis Young, Chairman Tim Tipps STAFF PRESENT Donald Anthony, Principal Planner David Ives, City Attorney Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 2:00 P.M. Application Z-16-057 by Lori Rains representing Sonic Restaurant, requesting the following, Variances for property in the Highway Commercial (CH) District located at 1129 Fortress Boulevard: i. A Variance from Sections 21-108(A)(1)(a) and 21-108(B)(2)(a) of the Murfreesboro Noise Control Ordinance, which prohibits the use of sound amplification devices in such a manner as to be plainly audible across a real property boundary of the nearest occupied dwelling or in a noise- sensitive zone between the hours of 10:00 PM and 7:00 AM; ii. A Variance from Table 2 of the Murfreesboro Noise Control Ordinance, which limits sound levels in residential and commercial zones; and iii. A Variance from Section 21-108(A)(1)(b) of the Murfreesboro Noise Control Ordinance, which prohibits the use of sound amplification devices in such a manner so as to be plainly audible at a distance of fifty (50) feet on a public right-of-way or on public property. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Anthony said he received an e-mail from the applicant’s representative which he read to the Board: BZA Minutes Special Meeting August 24, 2016 “I just want to clarify a few things prior to Wednesday’s meeting. We have decided that we want to drop variance request #i (time of operation). We will adhere to set daytime hours of 7:00 A.M. to 10:00 P.M.” Mr. Anthony said the proposed times for this event are now 7:00 A.M. to 7:00 P.M. on September 18th and 7:00 A.M. to 3:30 P.M. on September 19th. He said in the clarification e-mail that he received earlier this week, the applicant’s representative also indicated that decibel levels will reach 75, which exceeds the limit of 50 allowed by the noise control ordinance. Mr. Anthony said the applicant will need the variance from #ii which sets the 50 decibel limit. He said that because of the site proximity on Fortress Boulevard, the amplified sound is likely to be audible from the public right-of-way necessitating a variance from Section 21-108(A)(1)(b) of the noise control ordinance. Mr. Anthony said Staff’s primary concern is the start time, particularly on Sunday morning, September 18th. The City would appreciate the applicant delaying the start from 6:00 A.M. to 7:00 A.M. adding they are of the opinion that 7:00 A.M. may still be a little early since this is an outdoor sound location. Mr. Anthony recommended the Board set a later start time if they do not agree with the 7:00 A.M. start time. A police officer, responsible for carrying out the decibel reading was present to answer questions. Also, Mr. Bobby Arnold and Mr. Tim Dietz with Sonic were present to answer questions. Ms. King verified that request #1 (i) has been withdrawn. Mr. Anthony said yes, but the Board still needs to consider requests #2 (ii) and #3 (iii). Chairman Young asked if the event was a promotional event for Sonic. Mr. Anthony said yes and referred to Mr. Bobby Arnold of Sonic. Mr. Bobby Arnold, Supervisor for Sonic on Fortress Boulevard, came to the podium. He said every year Sonic employees compete in games sponsored by Dr. Pepper. He said out of 3,700 Sonics in the United States, 3,400 Sonics compete. Mr. Arnold said it narrows down throughout the year until they get down to the top 12 teams. He said the top 12 teams go to the convention, which will be held in Nashville this year. The 12 teams will go to the city where the convention is held and compete prior to the convention. The gold, silver, and bronze metals are determined from these competitions. Chairman Young asked what sort of completion is involved. Mr. Arnold said they will have competitions for the best grill person, best speaker person, best carhop, and best drink maker, and then they will do a team competition. He 2 BZA Minutes Special Meeting August 24, 2016 said the competition will go on for two days, all day Sunday and a half day on Monday until 3:30 P.M. The winners will be announced, and medals will be handed out on Wednesday at the convention in Nashville. He said this is a big experience, stating the twelve teams will come from Texas, Arkansas, Louisiana, and other areas in the United States. Chairman Young said it sounds like a neat event for Sonic. He said the Board’s concern is the need for the sound variance since this Sonic is located next to an apartment complex. Mr. Arnold showed the location of the tent. Mr. Anthony said the tent would be placed a little off-site, farther away from the apartments than he first thought. Chairman Young asked if the location was a parking lot. Mr. Arnold said it is a concrete pad located next to the Wal-Mart Neighborhood Market. Chairman Young asked Mr. Anthony if the sound variance would be necessary next to the apartments. Mr. Anthony said yes. Ms. King asked if the events would occur on-site. Mr. Arnold said yes. He said ten teams will be at the tent location and two teams will go into the restaurant and compete. Mr. Halliburton asked if the competition will be held at this site. Mr. Arnold said yes. Mr. Tim Dietz came to the podium and said they are shutting down the drive-thru for the two days at this location during the competition. He said the radio and speakers will be located at the tent. Mr. Arnold said it will be a live broadcast on the Sonic radio and will be broadcast over all Sonics across the nation. Mr. Dietz said music will be playing along with the broadcast. Mr. Dietz said the decibels will be between 50-75. He thought that would be within the range recommended by the City. 3 BZA Minutes Special Meeting August 24, 2016 Mr. Anthony said the cap is 50 decibels and anything over 50 is considered to be in excess. Mr. Dietz said they will do whatever the City requires and if 50 decibels is the cap, then that is what they will do. Ms. Mosby verified the event will be for two days only. Mr. Arnold said yes, the event will take place all day on Sunday and half a day on Monday. Mr. Tipps asked what hours the event will take place each day. Mr. Arnold said on Sunday from 7:00 A.M. – 6:00 P.M. and Monday from 7:00 A.M. – 3:30 P.M. Mr. Dietz said the music portion is not as important as the competition that will be going on. Mr. Arnold said the music portion is just used to keep the contestants ramped-up and excited. Chairman Young said he would have a problem with 7:00 A.M. being the start time since the apartments being so close. Mr. Anthony said the police department recommended Sonic to come before the Board of Zoning appeals for these variance requests. Ms. Mosby said she does not have a problem with it since it is just a couple of days. Chairman Young asked if Sonic would be monitoring the noise while they are there. Mr. Arnold said the Sonic radio station will be monitoring it. Mr. Halliburton asked if there would be a need for the second variance request if the cap were set at 50 decibels. Mr. Anthony said if they could keep it at 50 decibels or below they probably would not need any of the variances. Mr. Halliburton said the third variance would be needed because it says you have sound application devices. He asked if that would also be 50 decibels. 4 BZA Minutes Special Meeting August 24, 2016 Mr. Anthony said it may not have a number attached with it as it is plainly audible. Mr. Tipps asked what 50 decibels sounded like in comparison to 75 decibels. Mr. Dietz said 50 decibels sounds like light traffic or a refrigerator and 75 decibels sounds like a toilet flushing or a vacuum cleaner. He said 90 – 95 decibels sounds like a food processor or lawnmower. Ms. Mosby said she recalls a previous application regarding noise associated with a church and felt that was significantly louder than this would be. Chairman Young also remembered that application. Mr. Halliburton asked if changing the start time to 8:00 A.M. would make an impact on the event. Mr. Dietz said Sonic will do whatever the City recommends. Mr. Halliburton said the 7:00 A.M. start time was his only hesitation. Ms. King said the Board would not be preventing Sonic from starting at 7:00 A.M., they just wouldn’t be able to amplify their sound until 8:00 A.M. Mr. Arnold said they plan to start setting up at 5:00 A.M. and the competition will start at 7:00 A.M. Mr. Ives said if Sonic kept the sound below 50 decibels, they wouldn’t need to be at the BZA at all because they could do 50 decibels starting at 6:00 A.M. He said if the Board recommends Sonic wait until 8:00 A.M., then they can go up to 75 decibels. Mr. Tipps and Ms. King still think the third variance request would be needed because it deals with the public right-of-way. Mr. Tipps asked if the Board could make a motion to approve the second and third variance requests between the hours of 8:00 A.M. and 7:00 P.M. as stated and up to 75 decibels for both days. Mr. Anthony thought a start time of 8:00 A.M. would be good. The primary concern was the earlier you go, the more calls the police department might receive. Mr. Arnold asked if the 8:00 A.M. start time would be for both Sunday and Monday or just Sunday. 5 BZA Minutes Special Meeting August 24, 2016 Ms. King said 8:00 A.M. start time would be for both Sunday and Monday. Mr. Tipps made a motion to approve a variance from Table 2 of the Murfreesboro Noise Control Ordinance, which limits sound levels in residential and commercial zones. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Mr. Halliburton made a motion to approve a variance from Section 21-108(A)(1)(b) of the Murfreesboro Noise Control Ordinance, which prohibits the use of sound amplification devices in such a manner so as to be plainly audible at a distance of fifty (50) feet on a public right-of-way or on public property. The Board made approval of both Variances conditional on the following: 1) The house of operation will be from 8:00 A.M. to 7:00 P.M. on Sunday, September 28th and from 8:00 A.M. to 3:30 P.M. on Monday, September 19th. 2) The amplification level may reach 75 decibels during the approved hours of operation. Staff Reports and Other Business None Meeting adjourned at 2:16 P.M. _________________________________ ________________________________ CHAIRMAN SECRETARY 6  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT SEPTEMBER 28, 2016 Application: Z-16-058 Location: 807 North Church Street Applicant: Kirk Fischer Zoning: Duplex Residential (R-D) District Request: A Special Use Permit to allow a Home Occupation (Accountant Office) in the R-D district 1 Request Overview The applicant, Kirk Fischer, wishes to operate a Home Occupation (accountant office) in his single-family house located at 807 North Church Street. The subject property measures approximately 92 feet in width and 130 feet in depth (total area of 0.27 acres) and lies within the Duplex Residential (R-D) zoning district. Along with the existing two-story, 2,964 square foot house, the subject property includes a covered carport and paved driveway; both are located along the property’s southern boundary. The proposed accountant office would occupy 232 square feet of the house and would be accessed via a designated door located near the southeastern corner of the house. The existing covered carport accommodates two vehicles; an additional 20-foot by 70-foot portion of the driveway can accommodate up to six additional vehicles. Table 1 of the Murfreesboro Zoning Ordinance allows a Home Occupation by Special Use Permit in the R-D district. The applicant seeks a Special Use Permit to operate the proposed accountant office on the subject property. Relevant Zoning Ordinance Section Section 9(D)(2)(rr): Home occupations shall be subject to the following additional standards: [1] no person who is not a resident of the dwelling unit may be employed in connection with the home occupation at the dwelling unit or on the property; [2] one attached business sign, not exceeding three square feet, may be permitted subject to approval by the BZA. Such signs shall not be permitted by right; [3] there shall be no alteration of the residential building which changes the character as a dwelling. No display of products shall be visible from the street; [4] the home occupation shall be incidental and subordinate to the residential use of the dwelling unit. No more than twenty-five percent (25%) of the area of a residential dwelling unit and accessory structure, if used as part of the home occupation, shall be devoted to the home occupation. In the event the home occupation is to be conducted totally from within an accessory structure, no more than five hundred square feet of area may be devoted to such home occupation. No more than one home occupation shall be permitted per residential dwelling unit and any related accessory structure; [5] no mechanical or electrical equipment may be used in a residential dwelling unit or accessory structure in connection with a home occupation except such types as are customary for domestic, household, or hobby purposes; personal computers and facsimile machines may be used. Machinery that causes noise likely to be heard by neighbors or interference with radio or television reception shall be prohibited; 2  [6] there shall be no storage outside a principal building or accessory structure of equipment or materials used in connection with the home occupation; [7] there shall be adequate provision for any traffic generated by such home occupation including off-street parking if required by the BZA; [8] group instruction in connection with the home occupation may be permitted subject to approval by the BZA. For the purposes of this subsection, instruction shall be group instruction if it involves more than two students at any time. The BZA may place a maximum number of students that may be on-site at any time and may establish limitations on the frequency of such group instruction. [9] the following activities and land uses shall not be permitted as home occupations: [a] automotive repair (body or mechanical), upholstery or painting; [b] kennels; [c] taxi service; [d] gun dealers; or, [e] charter bus service; [10] the BZA may require additional standards in order to assure the compatibility of the home occupation with other property in the vicinity of the home occupation and to assure the residential character of the neighborhood is maintained. Staff Comments In the attached request letter, the applicant indicates that he anticipates seeing 10 to 20 clients per year at his home. The applicant would eventually like to have 50 to 75 clients. The number and frequency of visits are not mentioned in the letter. Clients would be seen by appointment only; hours of operation would be 5:00 PM to 9:00 PM on weekdays and 9:00 AM to 5:00 PM on weekends. With previous Special Use Permit applications for home occupations, the Board has typically prohibited nighttime operating hours. Further, the Board has often required staggered appointment times in order to prevent traffic congestion. In this particular case, the applicant’s low client volume may be a factor in how the Board reviews hours of operation. Regardless of operating hours, staff recommends that the Board require appointment times to be staggered such that no two clients are on the premises at the same time. Chart 4 of the Zoning Ordinance requires four parking spaces for single-family dwelling units. The applicant’s driveway—including the covered carport—appears to be of sufficient width and depth to accommodate up to eight vehicles. In the attached request letter, the applicant addresses each of the standards of general applicability listed in Section 9(C) of the Zoning Ordinance. Specifically, the applicant attests that the Home Occupation: will not have adverse impacts on the surroundings; will be compatible with the immediate vicinity; will be served adequately by existing infrastructure; and will not result in any damage to any natural, scenic, or historic feature. The applicant will also be required to follow all standards for Home Occupations listed in Section 9(D)(2)(rr) of the Zoning Ordinance. While the applicant’s request letter did not mention signage, staff recommends that the Board—in accordance with Section 9(D)(2)(rr)(2) of the Zoning 3 Ordinance—allow the applicant the option of installing an attached sign no larger than three square feet in area to the house. The applicant will be in attendance to answer any questions the Board may have. Recommended Conditions 1. All client visits shall be by appointment only. 2. Days and hours of operation shall be limited to those requested by the applicant in the request letter. 3. The applicant shall arrange appointment times such that no appointment begins less than 15 minutes after another appointment ends. 4. In accordance with Section 9(D)(2)(rr)(2) of the Murfreesboro Zoning Ordinance, one business sign, not exceeding three square feet, may be attached to the house. All signage shall adhere to the standards set forth in the Murfreesboro Sign Ordinance. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 4 5 6 7  807 North Church Street Photographs 807 North Church Street, aerial photograph. 8 807 North Church Street, aerial photograph. 9 807 North Church Street. View of house taken from North Church Street looking to the west. 10 807 North Church Street. View of south side of house taken from North Church Street. The door under the small covered porch would serve as the entryway for customers. The two-car covered carport is visible at the end of the driveway. 11 12 13 14 15 16 17 18 19 20 21  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT SEPTEMBER 28, 2016 Application: Z-16-059 Location: 1411 Marymont Drive Applicant: William Kennedy Zoning: Single-Family Residential (RS-10) District Request: A Special Use Permit to allow a Group Daycare Home in the RS-10 district 1 Request Overview The applicant, William Kennedy, wishes to operate a Group Daycare Home in a single-family house located at 1411 Marymont Drive in the Northpointe Hall subdivision. A Group Daycare Home may provide care for between seven and twelve children. The subject property is situated at the southwest corner of the intersection of Marymont Drive and Laurel Hill Court. The property measures approximately 110 feet by 125 feet (total area of 0.32 acres) and lies within the Single-Family Residential (RS-10) zoning district. Table 1 of the Murfreesboro Zoning Ordinance allows Group Daycare Homes in the RS-10 district by Special Use Permit. The applicant seeks a Special Use Permit from the Board to allow this use on the subject property. Relevant Zoning Ordinance Sections Section 2: Group day care home: A place providing, or designed to provide, care for more than seven (7), but less than thirteen (13) children, for less than twenty-four hours a day which is licensed by the Tennessee Dept. of Human Services. See also “Family day care home.” Section 9(D)(2)(bb): Day care centers, family day care homes, and group day care homes shall be subject to the following additional standards. [1] an on-site off-street area shall be provided for vehicles to load and unload passengers; [2] facilities for vehicular access to and from the site of the day care home shall be arranged to permit vehicles to exit from the site without backing onto any street or sidewalk; [3] an application for a special permit for a day care home shall be accompanied by a statement from the State of Tennessee, Department of Human Services, that such day care home can comply with all requirements of the State of Tennessee with respect to such use; [4] screening may be required along the lot lines of the site of the day care home to block such day care home from the view of property classified in a residential zoning district and from the residential portion of an approved planned unit development; and, [5] required off-street parking shall be located on-site. Staff Comments Thea applicant presently resides at 102 Mannon Court in the unincorporated County, where he and his wife operate a similar home-based daycare. The applicant also owns the subject property 2 and wishes to operate a similar daycare business there. According to the attached request letter, the applicant’s daughter resides at the subject property and will work at the Group Daycare Home. The applicant intends to convert the existing garage into a classroom and construct a loop driveway along Laurel Hill Drive to accommodate drop-off and pick-up traffic. Proposed hours of operation are 7:00 AM to 5:00 PM Monday through Friday. The applicant intends to construct a fence around the backyard to provide both an outdoor play area for children attending the daycare and a means of additional privacy for neighbors. In the attached request letter, the applicant addresses each of the standards of general applicability listed in Section 9(C) of the Zoning Ordinance. Specifically, the applicant attests that the Group Daycare Home: will not have adverse impacts on the surroundings; will be compatible with the immediate vicinity; will be served adequately by existing infrastructure; and will not result in any damage to any natural, scenic, or historic feature. Section 9(D)(2)(bb) of the Zoning Ordinance lists additional, specific standards for Group Daycare Homes. The first two standards relate to vehicular access to the site. The applicant has provided two diagrams showing possible locations for the proposed loop driveway. If properly constructed, a loop driveway should satisfy the access standards listed in Section 9(D)(2)(bb)(1- 2). However, because no final design has been selected, staff recommends that the Board condition any approval on the applicant providing Planning staff a final site layout showing the location, dimensions, and parking capacity of the loop driveway. Further, the exhibit must demonstrate that the parking requirements for both a detached, single-family dwelling unit and a Group Daycare Home can be accommodated by the proposed driveway. The applicant will be in attendance to answer any questions the Board may have. Recommended Conditions 1. Hours of operation shall be limited to 7:00 AM to 5:00 PM Monday through Friday. 2. The applicant shall provide a copy of the required statement from the Tennessee Department of Human Services (DHS) to the City of Murfreesboro. The DHS statement shall conform to the requirements listed in Section 9(D)(2)(bb)(3) of the Murfreesboro Zoning Ordinance. 3. The applicant shall provide the Planning Department a final site layout showing the proposed location, dimensions, and parking capacity of the loop driveway. The exhibit shall demonstrate that the on-site, off-street parking requirements for all proposed uses can be accommodated. Planning Department approval (in consultation with Transportation and Engineering) of the driveway layout shall be obtained prior to construction of the driveway. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5 6 7 8  1411 Marymont Drive Photographs 1411 Marymont Drive, aerial photograph. 9 1411 Marymont Drive, aerial photograph. 10 1411 Marymont Drive. View of front of house taken from Marymont Drive looking to the south. 11 1411 Marymont Drive. View of existing garage on east side of house taken from the intersection of Marymont Drive and Laurel Hill Court looking to the southwest. 12 1411 Marymont Drive. View of east side of house. The applicant proposes constructing a loop driveway in the area near the existing garage. 13 14 15 16 17 18 19 20 21