Board of Zoning Appeals

Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals January 30, 2019 – 1:00 P.M. Council Chambers MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chairman Ken Halliburton, Vice-Chair Frances Mosby Julie King Tim Tipps STAFF PRESENT Marina Rush, Principal Planner David Ives, Assistant City Attorney Dianna Tomlin, Principal Planner Austin Cooper, Planner Donald Anthony, Planning Director Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. The minutes from the November 29, 2018 regular meeting were approved as submitted. Also, the minutes from the November 29, 2018 special meeting were approved as submitted. Old Business Special Use Permit amendment (File Number Z-17-006), Middle Point R/C Flyers located at 1024 Central Valley Road, Single Family Residential (RS-15) district. Mr. Anthony reviewed the application and staff comments contained in the BZA agenda package. If the Board approves the amendment, Staff recommends the following conditions: 1) Operators of aircraft utilizing the Coleman Farm property shall remain in control of miniature aircraft at all times. 2) Miniature aircraft shall not be flown beyond the boundaries of the Coleman Farm onto any other property, whether privately or publicly held. 3) Miniature aircraft powered by gasoline or diesel fuel shall not be flown to, on, or from the Coleman Farm. BZA Minutes Regular Meeting January 30, 2019 4) The City’s Noise Ordinance shall be observed at all times, including specifically those provisions pertaining to maximum sound levels and operation of powered unmanned vehicles. 5) The Zoning Administrator shall retain the ability to revoke the Special Use Permit upon determining that any violation of the Special Use Permit or the standards of general applicability has occurred. Upon revocation of the Special Use Permit, Middle Point R/C Flyers shall have the right to appeal the Zoning Administrator’s decision to the Board of Zoning Appeals. Mr. Anthony said if these conditions are not met, the next step would be revocation of the Special Use Permit. No public hearing was necessary as it was a reconsideration of a Special Use Permit. Chairman Young asked if there have been issues with the use of the site. Mr. Anthony said the City has been as lenient as possible, but a neighbor has repeatedly submitted video that shows the violations are occurring. There was discussion on the noise of the planes, depending on how they are fueled and their wing span. Mr. Tipps verified the previous Special Use Permit did not prohibit gas/diesel-powered planes. Mr. Anthony said there were no special conditions, just the normal Special Use Permit conditions. Mr. Tipps asked about the first condition: (1) Operators of aircraft utilizing the Coleman Farm property shall remain in control of miniature aircraft at all times. Mr. Anthony said person loses control of their aircraft and crashes it on the Coleman Farm property, no one will report that. He said once it is taken onto someone else’s property, that is when it becomes a problem. Some of the videos show low-flying planes getting too close to people’s private property and that is the reason condition #1 was added. Ms. Mosby asked the dimension of the area on the Coleman Farm that can be used. Mr. Anthony did not know the specific dimensions but said the Coleman Farm is a rather large property. They have an agreement just to use a portion of the property, approximately 40 acres. Ms. Mosby said it sounds like there is enough space, so they don’t have to cross the boundaries. 2 BZA Minutes Regular Meeting January 30, 2019 Mr. Anthony agreed. Mr. Tipps made a motion to approve an amendment to the Special Use Permit, Middle Point R/C Flyers located at 1024 Central Valley Road with the following conditions: 1) Operators of aircraft utilizing the Coleman Farm property shall remain in control of miniature aircraft at all times. 2) Miniature aircraft shall not be flown beyond the boundaries of the Coleman Farm onto any other property, whether privately or publicly held. 3) Miniature aircraft powered by gasoline or diesel fuel shall not be flown to, on, or from the Coleman Farm. 4) The City’s Noise Ordinance shall be observed at all times, including specifically those provisions pertaining to maximum sound levels and operation of powered unmanned vehicles. 5) The Zoning Administrator shall retain the ability to revoke the Special Use Permit upon determining that any violation of the Special Use Permit or the standards of general applicability has occurred. Upon revocation of the Special Use Permit, Middle Point R/C Flyers shall have the right to appeal the Zoning Administrator’s decision to the Board of Zoning Appeals. The motion was seconded by Ms. Mosby and carried unanimously in favor. New Business Special Use Permit Requests Application Z-19-001 by Mr. Bobby Kirby, requesting a Special Use Permit to allow expansion of a self-storage facility, on property in the Commercial Fringe (CF) district located at 2415 Halls Hill Pike and contiguous lot Tax Map 90, Parcel 20.04. Mr. Cooper reviewed the application and the staff comments contained in the BZA agenda package. If the Board approves this request, Staff recommends the following conditions: 1) Rezoning of the subject property to Commercial Fringe (CF) shall be in effect prior to any expansion of the self-storage facility. If the rezoning is not permitted, this will nullify the expansion of the requested Special Use Permit. 2) The applicant shall apply for and obtain approval of Site Plan review prior to any modification of existing buildings or new construction. 3) The two lots shall be re-subdivided to combine into one parcel with recording of a final plat prior to any modification of existing buildings or new construction. 4) All of the recommendations and requirements from the first appeal request will be continued unless explicitly noted in this application. 3 BZA Minutes Regular Meeting January 30, 2019 a. Noise/Bands – Bands practicing in the unites are not permitted. If activity does occur, both the unit renters and the owner of the property would be liable to citation to City Court for violating the Murfreesboro Zoning Ordinance; b. Access to Units – The access to the self-storage units will be gated for security; c. Management Style – The site plan shows a live-in manager on the property. This will serve to increase security and will likely decrease the possibility of any illegal activities being conducted from the units, such as banks practicing; d. Lighting – The applicant has indicated that they plan on using ox-type lighting fixtures to keep any light spillover to adjacent properties to a minimum. 5) The following activities are prohibited: a. auctions; commercial, wholesale, or retail sales; and miscellaneous or garage sales; b. the servicing, repairing, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment; c. the operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; d. the establishment of a transfer or storage business; e. the using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound; f. any use of individual units for residential purposes, including but not limited to cooking or sleeping; g. any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; or h. any lot on which a self-service storage facility is located shall have a minimum separation of three hundred (300) feet from any major intersection. For purposed of this subsection, “major intersection” shall be defined as the nearest intersection of the right-of-way of any two arterial streets; any arterial street and any collector street; or any two collector streets. Notwithstanding the foregoing, the owners or manager of the mini-storage facility may conduct auctions and repair and maintain the premises when reasonably required in the usual and customary operation of the ministorage business. 4 BZA Minutes Regular Meeting January 30, 2019 The applicants were present to answer any questions. Mr. Tipps verified one building was a self-serve car wash previously. Mr. Cooper agreed. Mr. Bobby Kirby, the applicant came to the podium and said he is available to answer any questions but had no more to add. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Ms. Mosby made a motion to approve a Special Use Permit to allow expansion of a self-storage facility, on property in the Commercial Fringe (CF) district located at 2415 Halls Hill Pike with the following conditions: 1) Rezoning of the subject property to Commercial Fringe (CF) shall be in effect prior to any expansion of the self-storage facility. If the rezoning is not permitted, this will nullify the expansion of the requested Special Use Permit. 2) The applicant shall apply for and obtain approval of Site Plan review prior to any modification of existing buildings or new construction. 3) The two lots shall be re-subdivided to combine into one parcel with recording of a final plat prior to any modification of existing buildings or new construction. 4) All of the recommendations and requirements from the first appeal request will be continued unless explicitly noted in this application. a. Noise/Bands – Bands practicing in the unites are not permitted. If activity does occur, both the unit renters and the owner of the property would be liable to citation to City Court for violating the Murfreesboro Zoning Ordinance; b. Access to Units – The access to the self-storage units will be gated for security; c. Management Style – The site plan shows a live-in manager on the property. This will serve to increase security and will likely decrease the possibility of any illegal activities being conducted from the units, such as banks practicing; d. Lighting – The applicant has indicated that they plan on using ox- type lighting fixtures to keep any light spillover to adjacent properties to a minimum. 5) The following activities are prohibited: e. auctions; commercial, wholesale, or retail sales; and miscellaneous or garage sales; 5 BZA Minutes Regular Meeting January 30, 2019 f. the servicing, repairing, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment; g. the operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; h. the establishment of a transfer or storage business; i. the using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound; j. any use of individual units for residential purposes, including but not limited to cooking or sleeping; k. any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; or l. any lot on which a self-service storage facility is located shall have a minimum separation of three hundred (300) feet from any major intersection. For purposed of this subsection, “major intersection” shall be defined as the nearest intersection of the right-of-way of any two arterial streets; any arterial street and any collector street; or any two collector streets. Notwithstanding the foregoing, the owners or manager of the mini-storage facility may conduct auctions and repair and maintain the premises when reasonably required in the usual and customary operation of the ministorage business. The motion was seconded by Mr. Tipps and carried unanimously in favor. Application Z-19-002 by WSP ERI Murfreesboro JV1, LLC, requesting a Special Use Permit Amendment in order to change temporary outdoor storage area to permanent outdoor storage area, on property in the Commercial Fringe (CF) district, located at 1932 Cason Lane. Mr. Cooper reviewed the application and the staff comments contained in the BZA agenda package. If the Board approves this request, Staff recommends the following conditions: 1) Obtain approval of Site Plan review for the permanent outdoor storage of vehicles including RVs, boats, and trailers. 2) Noise/Bands – Bands practicing in the units is not permitted. If this activity does occur, both the unit renters and the owner of the property would be liable to citation to City Court for violating the Murfreesboro Zoning Ordinance; 3) Access to Units – The access to the self-storage units will be gated for security; 6 BZA Minutes Regular Meeting January 30, 2019 4) Security Lighting – lighting of the facility shall be adequate for the purpose of security and shall not impede on adjoining properties. 5) The following activities are prohibited for the entire self-service storage facility; a. auctions; commercial, wholesale, or retail sales; and miscellaneous or garage sales; b. the servicing, repairing, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment; c. the operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; d. the establishment of a transfer or storage business e. the using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound; f. any use of individual units for residential purposes, including but not limited to cooking or sleeping; g. any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; or h. any lot on which a self-service storage facility is located shall have a minimum separation of three hundred (300) feet from any major intersection. For purposes of this subsection, “major intersection” shall be defined as the nearest intersection of the rights-of-way of: any two arterial streets; any arterial street and any collector street; or any two collector streets. 6) Notwithstanding the foregoing, the owner or manager of the mini-storage facility may conduct auctions and repair and maintain the premises when reasonably required in the usual and customary operation of the ministorage business. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Mr. Tipps made a motion to approve a Special Use Permit Amendment in order to change temporary outdoor storage area to permanent outdoor storage area on property in the Commercial Fringe (CF) district located at 1932 Cason Lane with the following conditions: 1) Obtain approval of Site Plan review for the permanent outdoor storage of vehicles including RVs, boats, and trailers. 2) Noise/Bands – Bands practicing in the units is not permitted. If this activity does occur, both the unit renters and the owner of the property would be 7 BZA Minutes Regular Meeting January 30, 2019 liable to citation to City Court for violating the Murfreesboro Zoning Ordinance; 3) Access to Units – The access to the self-storage units will be gated for security; 4) Security Lighting – lighting of the facility shall be adequate for the purpose of security and shall not impede on adjoining properties. 5) The following activities are prohibited for the entire self-service storage facility; a. auctions; commercial, wholesale, or retail sales; and miscellaneous or garage sales; b. the servicing, repairing, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment; c. the operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; d. the establishment of a transfer or storage business e. the using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound; f. any use of individual units for residential purposes, including but not limited to cooking or sleeping; g. any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; or h. any lot on which a self-service storage facility is located shall have a minimum separation of three hundred (300) feet from any major intersection. For purposes of this subsection, “major intersection” shall be defined as the nearest intersection of the rights-of-way of: any two arterial streets; any arterial street and any collector street; or any two collector streets. 8 BZA Minutes Regular Meeting January 30, 2019 6) Notwithstanding the foregoing, the owner or manager of the mini-storage facility may conduct auctions and repair and maintain the premises when reasonably required in the usual and customary operation of the ministorage business. The motion was seconded by Ms. King and carried unanimously in favor. Staff Reports and Other Business None The meeting adjourned at 1:28 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 9