Board of Zoning Appeals

Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals February 26, 2020 – 1:00 P.M. Council Chambers MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chair Ken Halliburton, Vice-Chair Tim Tipps Julie King Misty Foy STAFF PRESENT Jafar Ware, Planner Brad Barbee, Landscape Site Plan Inspector Austin Cooper, Planner Roman Hankins, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. The minutes from the January 22, 2020 regular meeting were approved as submitted. Old Business Special Use Permit Request Application Z-20-001 by Mr. Clyde Rountree of Huddleston-Steele Engineering, Inc., representing Enterprise Holdings, Inc., requesting a special use permit in order to establish a motor vehicle sales and rental facility on property in the Commercial Highway (CH) district located along the south side of Franklin Road east of Franklin Heights Drive (the subject property is also identified as Tax Map 0920, Group B, Parcel 00200). Mr. Ware reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) A site plan shall be submitted to the Planning Department for review and approval. The site plan set shall include architectural elevations and demonstrate BZA Minutes Regular Meeting February 26, 2020 compliance with all requirements of the Zoning Ordinance and Design Guidelines. 2) The design of the gates will be subject to the final review and approval of the Planning Department to ensure that there are adequate turnaround areas for vehicles and to ensure that vehicles will not be forced to back out into the public right-of-way. 3) A privacy fence and earthen berm shall be required along the south and west property lines. The privacy fence and berm shall not be a substitute for any of the standard Type E buffer yard plantings; rather, it shall be in addition to the standard Type E buffer yard. Mr. Blomeley said Staff met with the applicant and their design team shortly after the January BZA meeting to discuss the concerns that were brought up at that BZA meeting. He said Staff has had adequate time to review their plans this month. Mr. Blomeley said the applicants added an earthen berm. With the conditions on-site, they were able to get a 2.7-foot earthen berm to include within that 20-foot Type E buffer yard along the west and south property lines. He said they are doing a threefold plan to mitigate the negative impacts on the adjacent neighborhood -- the 20-foot Type E buffer, the 2.7-foot tall earthen berm, and the 6-foot-tall privacy fence. Mr. Blomeley said the fence and the berm are in addition to the standard buffer yard plantings, not in lieu of any of those plantings. He said the applicants also relocated the Dumpster, so it was a little further away from the adjacent neighborhood. Mr. Blomeley said the Dumpster is actually closer to but not oriented to face the new public street along the eastern property line. Staff felt it was more important to get it further away from the neighbors than it would to get it further away from that new public right-of-way. Mr. Blomeley said their plans show a little bit different front parking layout to specify the maximum number of vehicles they can have for sale or rent on the property at any point in time. Staff feels comfortable they are meeting the standards that are specific for motor vehicle sales facilities in the Zoning Ordinance. Mr. Blomeley said there is no requirement for another public hearing as the public hearing for this matter was held last month. He said Mr. Bill Huddleston and Mr. Clyde Rountree from Huddleston-Steele Engineering are here as representing Enterprise Holdings. Mr. Halliburton asked if the location of the fence would be on top of the earthen berm or in the middle between the berm and trees. Mr. Blomeley said the fence will be located on the outside, closer to the property line. He said the fence is not as much for visual screening as to be a physical barrier between the car lot and the adjacent neighborhood. 2 BZA Minutes Regular Meeting February 26, 2020 Mr. Halliburton made a motion to approve with the following conditions of approval: 1) A site plan shall be submitted to the Planning Department for review and approval. The site plan set shall include architectural elevations and demonstrate compliance with all requirements of the Zoning Ordinance and Design Guidelines. 2) The design of the gates will be subject to the final review and approval of the Planning Department to ensure that there are adequate turnaround areas for vehicles and to ensure that vehicles will not be forced to back out into the public right-of-way. 3) A privacy fence and earthen berm shall be required along the south and west property lines. The privacy fence and berm shall not be a substitute for any of the standard Type E buffer yard plantings; rather, it shall be in addition to the standard Type E buffer yard plantings. The motion was seconded by Mr. Tipps and carried unanimously in favor. New Business Variance Requests Application Z-20-005 by Mr. Matt Taylor of SEC, Inc., for Mr. Eric Blum, is requesting a 19’ variance from the minimum required 25’ rear building setback for principal structures, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance, for property located in the Residential Multi-Family (RM-16) zone at 627 East Street. Mr. Barbee reviewed the application and staff comments. If the Board approves this request, Staff recommends the following condition of approval: 1) A site plan shall be submitted to the Planning Department for administrative review and approval prior to the issuance of a building permit. The applicant was present to answer any questions. Ms. King asked if this is within the City Core Overlay District (CCO). Mr. Blomeley said this property is right outside of the boundaries of the CCO. Ms. King asked if other houses in this area are in similar circumstances as the ones in the CCO. 3 BZA Minutes Regular Meeting February 26, 2020 Mr. Blomeley said when Staff looked at expanding the CCO District, the decision was made not to include the streets that are just to the east and west of campus like Fairview, Eaton, Crestland, East Street, and West Street. He doesn’t know the reason why those streets were not included but it may be something they need to look at in the future. He said the lots on the west side of East Street are all very shallow, adding that most of the structures are very close to the rear property line. Mr. Blomeley said this lot was platted in 1946, prior to the adoption of the current Zoning Ordinance in 1984. With them wanting to redevelop the lot and tear down the existing structure, it makes it very difficult with the current lot depth and the existing setbacks, resulting in about a 25-foot deep building envelope. Mr. Matt Taylor said he feels this is a difficult situation that may be solved in the future with an ordinance amendment. He thanked the Board for their consideration and will answer any questions they might have. Mr. Halliburton said that there is only 1.5 feet difference of where the existing structure is today versus what is being proposed. Chairman Young opened the public hearing. There being no one to speak, Chairman Young closed the public hearing. Mr. Tipps made a motion to approve the request with the following condition: 1) A site plan shall be submitted to the Planning Department for administrative review and approval prior to the issuance of a building permit. The motion was seconded by Ms. Foy and carried unanimously in favor. Application Z-20-006 by Mr. Matt Taylor of SEC, Inc., for RaceTrac, is making the following requests regarding a proposed solid waste enclosure for property located in a Highway Commercial (CH) zone at the northeast corner of Shelbyville Pike and Tiger Hill (also identified as Lot 3 of the Wal-Mart Supercenter Subdivision and Tax Map 126, Parcel 02701): ▪ A variance from Section 25(E)(5) of the City of Murfreesboro Zoning Ordinance, which states that, in commercial zoning districts, accessory structures shall comply with the same front setback as is required for the principal structure. ▪ A 33’ variance from the minimum required 42’ front building setback in the CH zone, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance. Mr. Ware reviewed the application and staff comments. Chairman Young asked for clarification on why there were two variance requests. 4 BZA Minutes Regular Meeting February 26, 2020 Mr. Blomeley said sometimes when we have a variance request, there are two parts of the Zoning Ordinance that say the same thing, so Staff makes sure to include every applicable part of the ordinance. Mr. Matt Taylor said the site has about 25-foot of fall from the rear to the front toward the street which makes this location very unique. He said most of the commercial sites are very flat and used Medical Center Parkway as an example adding they are about 2% or less grade. The uniqueness of the grade on the subject property and having three front setbacks are the primary reasons why he has made this request. Because they couldn’t fit everything inside the setback, they found the least intrusive location on the site. Mr. Taylor reviewed a couple of street view renderings which were also included in the agenda packet. He said the Dumpster and parking are placed within the hillside along with the required shrubbery and trees to block the view even more. Mr. Taylor said they evaluated several other locations for the Dumpster, one being at the rear of the property close to the transformer pad as shown on the site plan. He said at that location the grade change went up and down with ramps about five or six different times just to be able to make those grades work. They also looked at another area, which did not meet the intent of the ordinance or design guidelines on the Dumpsters being hidden. He said that location would face toward the public right-of-way and would be more intrusive than the chosen location. Mr. Tipps asked if the elevation in the southeast corner at Christie Knob and Tiger Hill is a little over 700 feet. Mr. Taylor said yes. Mr. Tipps verified they are proposing the enclosure be placed just below that. Mr. Taylor said the Dumpster would sit at approximately 685 feet. The enclosure wall is 8-foot and there is also a retaining wall that goes around that and is about 15-16 feet tall. Mr. Halliburton asked if the retaining wall will act as the rear wall. Mr. Taylor said there are actually two walls, a retaining wall and the Dumpster wall. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Chairman Young said two motions would be needed, one for each variance request. 5 BZA Minutes Regular Meeting February 26, 2020 Ms. King made a motion to approve a variance from Section 25 (E)(5) of the City of Murfreesboro Zoning Ordinance, which requires that accessory structures adhere to the same front and side setbacks as the principle structure. The motion was seconded by Mr. Tipps and carried unanimously in favor. Mr. Halliburton made a motion to approve a 33’ variance from the minimum required 42’ front building setback in the CH zone, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance. The motion was seconded by Ms. Foy and carried unanimously in favor. Special Use Permit Request Application Z-20-004 by Ms. Jennifer Thibodeaux, for Trinity Presbyterian Church, is requesting a special use permit for the expansion of an existing institutional group assembly use (a church) in a Residential Single-Family (RS-15) zone for property located at 1020 North Rutherford Boulevard. The proposed expansion consists of a building addition and parking lot modifications. Mr. Barbee reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) A site plan shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit. 2) The proposed architectural elevations shall be revised to show brick that is consistent with the existing structure. 3) A masonry solid waste enclosure shall be constructed for the Dumpster. The applicant was present to answer any questions. Mr. Tipps asked if it is possible or practical to match the existing brick. Mr. Rick Thurman with the Trinity Group, representing the applicant, said they did the addition to the back of the building in 2016-2017 and the reason they ended up using board and batten in the rear is because they were unable to match the brick they had. Mr. Thurman said the building was originally built in approximately 1997 and they could not find one that matched in both color and texture and that looked good enough to use. He said if they cannot do what is proposed on the drawing, they have thought of other options they could do besides the board and batten. Mr. Thurman said they could try a complementary brick and referred to the drawing. He said they will need to demolish the end of the building to do the expansion and will try to salvage enough brick to use on the front of the building so it will match. He said there is also a line of brick around the bottom of the wall to tie everything together. Beyond that, there is not enough brick to do the rest of the expansion. If board and batten is not acceptable 6 BZA Minutes Regular Meeting February 26, 2020 maybe they could come up with a complementary brick He said if that doesn’t work, possibly paint the brick a complementary color that would work. Chairman Young opened the public hearing. Being there was no one to speak for or against the application, Chairman Young closed the public hearing. Mr. Blomeley said the Board does not have to iron out the details of the architecture today but asked for the leeway to work with the applicant understanding the difficulties finding the brick. He said the Design Guidelines envision the siding like they are showing for the board and batten siding as more of a secondary material than a primary material. He said Staff is not saying they can’t use the board and batten at all but instead it should be a secondary material instead of a primary material on the new façade. Mr. Blomeley said Staff will be happy to work with the applicants during the site plan review process to work out an alternative. Mr. Tipps said that he doesn’t want the BZA to get into being the “brick police” because that is a little extreme. As long as it is simple, complementary, and tasteful he sees no issue with it. Ms. King asked if the Board could remove that as a condition and then we would expect the applicant to work with Planning to meet the guidelines for this type of structure. Mr. Blomeley agreed. Mr. Tipps made a motion to approve with the following conditions: 1) A site plan shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit. 2) The proposed architectural elevations for the addition shall be revised to demonstrate compliance with the City of Murfreesboro Design Guidelines subject to the review and approval of City Planning Department. 3) A masonry solid waste enclosure shall be constructed for the Dumpster. The motion was seconded by Ms. King and carried unanimously in favor. Mr. Blomeley pointed out the purpose of the BZA is not to be an architectural review board but one thing he does not want to do is set up any incorrect expectations for the applicants. When they submit architectural elevations and he sees there might be issues with those, he doesn’t want to set the expectation in the applicant’s mind that those are approved after the BZA acts on the application. Mr. Tipps said he lives in that area. Not very far from there is a commercial area, adding there is a Taco Bell with every type of siding imaginable on it. He said with an institutional type of building he thinks it can lend itself to various looking exteriors. 7 BZA Minutes Regular Meeting February 26, 2020 Mr. Blomeley assured the Board that Staff will work with the applicants on the architecture. Special Use Permit Amendment Request Application Z-20-003 by Mr. Neil James, for Redeemer Classical Academy, is requesting to amend special use permits that were approved by the Board of Zoning Appeals in July 2013, January 2014, and January 2015. The special use permits established an institutional group assembly use (a private school) in a Residential Single-Family (RS-10) zone for property located at 1503 Sulphur Springs Road. The approval of the January 2015 special use permit amendment was conditioned upon the requirement that all portable classroom buildings must be removed from the property no later than July 31, 2020. The applicant is requesting an amendment to the special use permits for a two-year extension to this deadline in order to allow the portable classroom buildings to remain on-site until July 31, 2022. Mr. Cooper reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) All portable classroom buildings must be removed from the property no later than July 31, 2022 or when Redeemer Classical Academy vacates the property – whichever comes first. 2) The maximum number of students allowed to be enrolled at the school is 65. If the school desires to have a greater number of students, then it must apply to the BZA to amend the special use permit. A traffic study will be required at that time. 3) No staging or queuing of school traffic will be allowed on either Myers Drive or Sulphur Springs Road. The applicant was present to answer any questions. Mr. Neal James said the school purchased 20 acres of property on Old Salem Road last year. He met with Ms. Marina Rush, Principal Planner, on Monday for the pre- application process. They are in the process of fund-raising and it took them a little bit longer to find property in Murfreesboro. He said they are ready to go and just need time to build. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Ms. Foy made a motion to approve the request subject to the following conditions: 1) All portable classroom buildings must be removed from the property no later than July 31, 2022 or when Redeemer Classical Academy vacates the property – whichever comes first. 8 BZA Minutes Regular Meeting February 26, 2020 2) The maximum number of students allowed to be enrolled at the school is 65. If the school desires to have a greater number of students, then it must apply to the BZA to amend the special use permit. A traffic study will be required at that time. 3) No staging or queuing of school traffic will be allowed on either Myers Drive or Sulphur Springs Road. The motion was seconded by Mr. Tipps and carried unanimously in favor. Staff Reports and Other Business None The meeting adjourned at 1:41 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 9