Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, September 23, 2020, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Determination of a quorum 3. Consideration of minutes for the regular meeting on June 24, 2020 4. New Business Special Use Permit Request a. Application Z-20-029 by Mr. Clyde Rountree of Huddleston-Steele, Inc., for CWC Partnership, is requesting a special use permit in order to expand an existing self-service storage facility for property located in a Commercial Fringe (CF) zone at 1509 Brinkley Road. (Project Planner: Jafar Ware) 5. Staff Reports and Other Business a. Approval of 2021 BZA Calendar 6. Adjourn 1  Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals June 24, 2020 – 1:00 P.M. Council Chambers MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chair Ken Halliburton, Vice-Chair Misty Foy Tim Tipps Julie King (present by phone in accordance with Executive Orders No. 16 issued by Governor Bill Lee on March 20, 2020, as subsequently amended on May 6, 2020, by Executive Order No. 34) STAFF PRESENT Austin Cooper, Planner David Ives, Deputy City Attorney Matthew Blomeley, Assistant Planning Director Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:05 P.M. Chairman Young determined there was a quorum. The minutes from the May 27, 2020 regular meeting were approved as submitted. New Business Special Use Permit Amendment / Special Use Permit Request Application Z-20-027 by Mr. Matt Taylor of SEC, Inc., for Providence Christian Academy, is making the following requests for property located in a Residential Single- Family (RS-15) zone at 410 Dejarnette Lane: ▪ To amend a special use permit that was approved by the Board of Zoning Appeals in March 2019 for the expansion of an existing institutional group assembly use (a private school). The March 2019 special use permit allowed for the temporary placement of two portable classroom buildings. Approval was conditioned upon the portable classroom buildings being removed no later than September 27, 2020. The applicant seeks to amend the March 2019 special use permit approval to allow these two portable classroom buildings to remain on- site until June 30, 2021. BZA Minutes Regular Meeting June 24, 2020 ▪ A special use permit for the expansion of an existing institutional group assembly use (a private school). The special use permit request consists of the placement of an additional portable classroom building to be removed no later than June 30, 2021. Mr. Cooper reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) All 3 portable buildings must be removed by June 30, 2021 or upon the issuance of a certificate of occupancy for the permanent building, whichever comes first. 2) A site plan must be submitted for review and approval prior to the issuance of a building permit. 3) Traffic control measures, as determined during the site plan review process, may be required if needed to eliminate internal traffic conflicts due to the placement of the portable buildings. The applicant, Mr. Matt Taylor, was present to answer any questions. Mr. Tipps asked why the applicants are asking for an extension when the Board of Zoning Appeals approved this in 2019 to get them through September 2020. Mr. Taylor stated construction is taking longer than anticipated. He said they had to go through a couple of redesigns to get it back in budget. Chairman Young asked at what point will this property be full and asked if there is a long-range plan for the property. Mr. Taylor went over the master plan. He said with Phase I they will be adding all the parking on the east side of the site. He said they will add about the same amount of parking on the west side of the site with Phase I as well. Mr. Taylor said Phase I is under construction now. He said there is a wetland on the property and that is where the parking stops. Mr. Taylor said there is a small future expansion and a kitchen area on the south side of the building stating that the site is very close to being maxed out. Mr. Blomeley said in the original special use permit in 2019, the applicants projected when construction would be complete. He said the process has taken longer than they anticipated. Mr. Taylor asked for a removal date of June 30, 2021 but Staff is recommending June 30, 2021 or when the certificate of occupancy is issued for the buildings under construction now, whichever is sooner. He said that would mean the buildings would be removed no later than June 30, 2021 but possibly earlier should their C of O be issued sooner than that. Mr. Blomeley asked Mr. Taylor if that would be an acceptable condition. 2 BZA Minutes Regular Meeting June 24, 2020 Mr. Taylor said yes, adding they are as eager to get rid of the portables as the BZA is eager to see them go away. Mr. Tipps verified there were two different issues to decide; (1) amending the 2019 special use permit and (2) the need for the 3rd portable. He wanted to know how we arrived at that. Mr. Blomeley said the 2019 special use permit was just for two portables and the condition of approval was for those to be removed by September 2020. We have to amend that special use permit so their approval period is extended and then there is a different special use permit for the additional portable they are asking to be placed on the property for that same period of time. Mr. Tipps said he understood that but was wondering why a third portable is needed. He asked if the additional portable was needed because of growth. Mr. Taylor agreed growth is the reason for the additional portable, as they have recently been able to get a better handle on enrollment for the coming school year. 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 an amendment to a special use permit that was approved by the Board of Zoning Appeals in March 2019 for the expansion of an existing institutional group assembly use (a private school) in order to allow the portable to remain on-site until June 30, 2021 subject to the following conditions:. 1) All 3 portables must be removed by June 30, 2021 or upon the issuance of a Certificate of Occupancy for the permanent building, whichever comes first. 2) A site plan must be submitted for review and approved prior to the issuance of a building permit. 3) Traffic control measures, as determined during the site plan review process, may be required if needed to eliminate internal traffic conflicts due to the placement of the portable buildings. The motion was seconded by Ms. Foy. Upon roll call, the motion was passed by the following vote: Aye: Misty Foy Julie King Tim Tipps Davis Young Nay: None 3 BZA Minutes Regular Meeting June 24, 2020 Ms. Foy made a motion to approve a special use permit for the expansion of an existing institutional group assembly use (a private school) for the placement of an additional portable classroom building to be removed no later than June 30, 2021 subject to the following conditions: 1) All 3 portables must be removed by June 30, 2021 or upon the issuance of a Certificate of Occupancy for the permanent building, whichever comes first. 2) A site plan must be submitted for review and approved prior to the issuance of a building permit. 3) Traffic control measures, as determined during the site plan review process, may be required if needed to eliminate internal traffic conflicts due to the placement of the portable buildings. The motion was seconded by Ms. King. Upon roll call, the motion was passed by the following vote: Aye: Misty Foy Julie King Tim Tipps Davis Young Nay: None Staff Reports and Other Business None The meeting adjourned at 1:10 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 4  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT SEPTEMBER 23, 2020 PROJECT PLANNER: JAFAR WARE Application: Z-20-029 Location: 1509 Brinkley Road Applicant: Mr. Sam Coleman, represented by Mr. Clyde Rountree of Huddleston-Steele Engineering, Inc. Owner: CWC Partnership Zoning: CF (Commercial Fringe) Request: A special use permit to expand an existing self-service storage facility 1 Overview of Request The applicant, Clyde Rountree of Huddleston-Steele Engineering, Inc., representing Sam Coleman of CWC Partnership, is requesting a Special Use Permit for the expansion of an existing self- service storage facility located at 1509 Brinkley Road. The subject property has a total area of 10.52 acres and is zoned CF (Commercial Fringe District). On March 26, 2014, the Board of Zoning Appeals (BZA) approved the original Special Use Permit for a self-service storage facility at this location. It is currently developed with eight storage buildings and a small office building at the front of the site. The applicant wishes to expand the current self-service storage facility in two phases and will continue the “fortress style” storage buildings along the northern and southern property lines in Phase 3. The “fortress style” forms a barrier comprised of buildings around the perimeter of the site. In addition, the applicant proposes paving an existing gravel area currently used for parking for boats, RVs, etc… during this phase. This existing gravel area has never been approved and is composed of a non-compliant travel surface. It is currently in violation of the City’s Zoning Ordinance. This violation will need to be remedied with the construction of Phase 3. In Phase 4 of the expansion, the applicant proposes the following: a “fortress style” storage building along the western or rear property line; constructing an 11,900 square-foot climate- controlled storage building (with the addition of 12 adjacent parking spaces); paving the rear interior area of the site with a concrete surface for both covered and open storage of vehicles. The concept plan submitted with the original 2014 special use permit did not include the development of the entire tract all the way to its western property line. The current plan submitted proposes to modify the layout of the unconstructed remainder of the 2014 concept plan and expand the proposed development beyond what was contemplated in the 2014 special use permit request. The area of expansion is surrounded by single-family residential zoning and uses, so, in discussions with the applicant, Staff has emphasized that sensitivity to those neighboring residential uses must be considered in the design of this expansion. To the south, zoned RS-15 (Residential Single-Family), is a large single-family residential parcel as well as lots in the Meadowland Subdivision. To the west, zoned RS-12 (Residential Single-Family), is the Princeton Oaks Subdivision. To the north, zoned PRD (Planned Residential District), is the Blackman Station residential development, which consists of both single-family attached and single-family detached dwellings. The single-family dwellings to the north and west are closer to the Pack Rat property line than those to the south. The homes to the south are several hundred feet from the common property line. Relevant Zoning Ordinance Sections Chart 1 of the City of Murfreesboro Zoning Ordinance allows self-service storage as a special use in the CF district. Special provisions are set forth for self-service storage in Section 9(D)(2)(uuu) in addition to the Standards of General Applicability in Section 9(C). The applicant has affirmed in his special use permit application letter that the proposed use will be constructed in compliance with all zoning requirements. 2 The applicable standards are listed below with information from Staff on how the applicant intends to address them. Standards of General Applicability with Staff analysis: 1) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare: Self-service storage uses typically have minimal traffic and utility impact. The applicants are attempting to mitigate any potential negative impact on the adjacent residential uses by not having outside storage areas directly adjacent to the property boundary, preserving existing trees at the property boundary, planting a Type D buffer along the property boundary, and increasing the quality of the architecture of the buildings along the perimeter. 2) The proposed building or use will be constructed, arranged, and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations: The applicants are attempting to mitigate any potential negative impact on the adjacent residential uses by not having outside storage areas directly adjacent to the property boundary, preserving existing trees at the property boundary, planting a Type D buffer along the property boundary, and increasing the quality of the architecture of the buildings along the perimeter. 3) The proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services: Staff does not anticipate a strain on the roadway network, utilities, or other services as a result of the expansion. 4) The proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be significant natural, scenic, or historic importance: No features of significant natural, scenic, or historic importance have been identified on the subject property in the vicinity of the proposed parking lot expansion. 5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: The applicant indicates that the proposed use will comply with the additional standards for the use of self-service storage facility. (See below for additional detail.) 3 Additional Standards for Self-service storage facilities with Staff Analysis: (1) the following activities shall be 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 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. 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 applicant indicates in his letter that he is aware of these prohibitions and that the current use of the property is compliant and the expansion will continue to be compliant. With respect to “h”, the facility is not within 300’ of a major intersection. (2) for self-service storage facilities that have a side or rear property line abutting a property used for single family purposes or classified in the RS or RD classifications or the residential portion of a planned development a minimum ten foot wide landscape strip shall be provided which shall be planted in accordance with Section 27 of this article and at the discretion of the BZA may include earth berms, masonry fences, or walls. The applicant or owner shall post a surety instrument to assure the landscaping and screening will be maintained the first three years; A 15’ Type D buffer is required by ordinance along the north, south, and west lot lines, exceeding the 10’ landscape strip requirement noted above. In addition, as mentioned previously, the applicant is committing to preserving the existing trees along the north, south, and west property boundaries. The existing trees will be supplemented with 4  additional plantings to create the required Type D buffer. In addition, the buildings along the northern and western property lines are situated 45’ off of the property line (exceeding the 25’ minimum building setback by 20’) in order to provide more separation from the adjacent single-family dwellings. (3) self-service storage facilities shall provide on-site a minimum ten-foot landscape strip along the front property line abutting all public rights-of-way. This landscape strip shall be planted in accordance with Section 27 of this article and at the discretion of the BZA may include earth berms, masonry fences or walls; In staff’s opinion, a 10’ landscape strip is not applicable to this special use permit application, as the requested expansion will not abut any public rights-of-way -- it will all be constructed at the rear of the site. The front of the site along Brinkley Road is not affected. (4) all storage shall be indoors. However, an area may be provided on-site to be used for outdoor storage of RVs, trailers, cars, and boats. Such area shall be used exclusively for this purpose and shall be screened from the view of adjoining residential areas in the manner as described in sub-sections 2 and 3 above; and, A large area internal to the site is proposed for the outdoor storage of the aforementioned items. This area will be screened from the adjacent residential uses by both the existing and proposed landscaping as well as the storage buildings themselves, which will have a predominantly masonry façade. (5) the BZA may require additional standards be met including additional screening, placement of screening, placement and orientation of on-site lighting and security systems in order to assure the compatibility of the proposed location with adjoining properties. The applicant has been made aware of this standard. Recommended Conditions of Approval: If the Board approves this request, Staff recommends the following conditions of approval: 1) The applicant shall submit to the Planning Department a site plan for review and approval in accordance with the regulations set forth in the Zoning Ordinance. The tree survey submitted with the special use permit application shall be updated to include additional information on the existing vegetation along the south property line as well as the property adjacent to 1465 Brinkley Road. The updated tree survey shall be included in the site plan submittal. 2) Existing trees and other vegetation in good condition along the north, south, and west property lines must be preserved. A tree preservation plan must be included in the site plan submittal and appropriate tree protection measures must be in place during construction. 5  3) A 15’-wide Type D buffer shall be required along the north, south, and west property lines adjacent to Phases 3 and 4. The existing vegetation to be preserved shall be supplemented with new materials as needed to achieve the required Type D buffer. 4) All new buildings in Phases 3 and 4 shall be a minimum of 45’ off of the north and west property lines. 5) The architecture of the proposed buildings in Phases 3 and 4 shall be subject to the final review and approval of the Planning Department. However, the architecture of the proposed buildings along the perimeter of the site shall be substantially consistent with the architectural elevations submitted with this special use permit application. 6) The gravel boat/RV storage area that is currently in violation must be remediated and brought into compliance as a part of the Phase 3 construction. Measures to be taken to remediate the violation shall be included in the Phase 3 site plan submittal. Attached Exhibits 1. Applicant’s Request Letter 2. Site Photos 3. 2014 Concept Plan submitted to BZA 4. Proposed Phase 3 Concept Plan 5. Proposed Phase 4 Concept Plan 6. Tree Survey 7. Architectural Elevations 6 Attachment 1: Applicant’s Request Letter 7 8 9 10 Attachment 2: Site Photos Facing west 11 Facing north west 12 Facing north Facing east 13 Facing south 14 2014 Special Use Permit Concept Plan \\ACAD209\Land Projects 3\Pack Rat II - Brinkley Road\dwg\Phase 3 - 50 Scale Master.dwg, 9/1/2020 10:26:44 AM, ACAD109 \\ACAD209\Land Projects 3\Pack Rat II - Brinkley Road\dwg\Phase 3 - 50 Scale Master.dwg, 9/3/2020 2:13:24 PM, ACAD109  SCOTT WILSON ARCHITECT, LLC STANDING SEAM METAL ROOF STANDING SEAM METAL ROOF ALTERNATE BRICK COLOR ALTERNATE BRICK COLOR BRICK VENEER BRICK DETAIL BRICK WATER TABLE BRICK WATER TABLE BRICK VENEER SPLIT FACE BLOCK SPLIT FACE BLOCK SIDE ELEVATION-ENLARGED ELEVATION REAR ELEVATION-ENLARGED ELEVATION 1/8" = 1'-0" 1/8" = 1'-0" *NOTE: MATERIAL & COLORS TO MATCH EXISTING BUILDINGS ALL PHASE III BUILDINGS TO MATCH DETAIL AND COLOR REPRESENTED IN THIS EXHIBIT REAR (NORTH) ELEVATION-FACES NEIGBOORHOOD) 1"=20' PACK RAT SELF STORAGE 1509 BRINKLEY RD. MURFRESSBORO, TN 37128 PHASE III BUILDING EXHIBIT- BUILDING ELEVATIONS  CITY OF MURFREESBORO 2021 BOARD OF ZONING APPEALS (BZA) CALENDAR Monthly Submittal Deadline BZA Meeting Date (3:00 PM) (1:00 PM) January 11 January 27 February 8 February 24 March 8 March 24 April 12 April 28 May 10 May 26 June 7 June 23 July 12 July 28 August 9 August 25 September 3 September 22 October 11 October 27 November 1 November 22 November 29 December 20