Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, July 27, 2022, 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. Nominations and Elections a. Nomination and Election of Vice-Chair 4. Consideration of minutes for the regular meeting on June 22, 2022 5. New Business: Special Use Permit Request a. Application Z-22-010 by Christal Lucas Adcock, requesting a Special Use Permit for a Home Occupation (a beauty shop) on property in a Single-Family Residential (RS-15) district located at 1103 East Rye Court. (Project Planner: Brad Barbee) b. Application Z-22-021 by Mr. Matt Taylor of SEC, Inc., for Middle Tennessee Christian School, requesting a Special Use Permit for the expansion of an existing institutional group assembly use (a private school) on property located in a Single- Family Residential (RS-15) zone located at 100 East MTCS Road. The Special Use Permit consists of the placement of two portable classroom buildings to be removed from the property no later than July 31st, 2024. (Project Planner: Joel Aguilera) 6. Staff Reports and Other Business 7. Adjourn 1  MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers June 22, 2022 1:00 PM Members Present: Staff Present: Davis Young, Chair Marina Rush, Principal Planner Tim Tipps Joel Aguilera, Planner Julie King Brad Barbee, Planner Matthew Blomeley, Assistant Planning Director Roman Hankins, Assistant City Attorney Serena Harris, Recording Assistant 1. Call to order: Chair Young called the meeting to order. 2. Determination of a quorum: Chair Young determined that a quorum was present. 3. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the March 23, 2022, BZA meeting were approved as submitted. 4. New Business: a. Zoning application [2022-009] by Paul and Jessica Seegert, requesting two variances from the Zoning Ordinance: Section 24, Article VI (D)(1.b) front setback based on the average block face requiring 26 feet to allow 13 feet, and Chart 2 requiring a rear setback of 20-feet to allow 13 feet at 203 Hancock Street. Property is zoned Single Family Residential (RS-4). (Project Planner: Brad Barbee). Brad Barbee presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Chair Young opened the public hearing. There being no one else to speak for or against the request, Chair Young closed the public hearing. Julie King inquired if there was a Historic Zoning area that would prevent this variance requests due to the large number of homes of this nature in the historic areas, that when new buildings arise, they don’t fit in to the standards for residential zones even if the same MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 22, 2022 Page 2 envelope is used. Brad Barbee inquired if Ms. King is referring to city core overlay. Ms. King responded yes. Brad Barbee stated that this property is located within the city core overlay which allows for an adjustment of the front setback to be the average of the other principal structures on that block face. This one when averaged came out to be 26 feet, which still creates a very small envelope for a construction, which is why they are requesting an additional 13-foot variance from the 26 feet. That is outside the adjustments made for the city core overlay. This structure will look similar to the adjacent property to the east, with similar setbacks. Structure will be able to blend in with that area of the community and provide a consistent look. Julie King requested further clarification regarding variance request. Brad Barbee further reviewed city core overlay requirements and historical data for the vicinity of the property. Marina Rush stated that parking will also be provided on this property. There being no further discussion, Tim Tipps moved to approve the variance requests subject to all staff recommendations; The motion was seconded by Chair Young and carried by the following vote: Aye: Julie King Tim Tipps Chair Davis Young Nay: None b. Zoning application [2022-020] for Fellowship Bible Church, represented by Matt Taylor of SEC, Inc., requesting a special use permit the expansion of an existing institutional group assembly use to install an 8,190 square-foot temporary modular building for use by a private school grades Kindergarten through 12 in conjunction with the existing church located at 4236 Veterans Parkway. Property is zoned Single Family Residential (RS-15). (Project Planner: Joel Aguilera) Joel Aguilera presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Chair Young inquired if the section of the west facing portion of the property would be screened. Matt Taylor with SEC, Inc., of 850 Middle Tennessee Boulevard, Murfreesboro, TN 37129 came forward to address questions from the Board. MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 22, 2022 Page 3 Mr. Taylor stated staff requested a covered porch be added, along with an architectural treatment, and SEC, Inc. proposed additional landscaping between the modular building and Veterans parkway. Mr. Taylor further clarified a late change regarding trash, stating it is a trash cart enclosure. A new dumpster will not be proposed right now but will come with a future phase of the church itself, as the enclosure is the least impactful and easiest to screen. Ms. King inquired if there’s screening on the west side of property towards the neighbors to the rear. Mr. Taylor responded that there’s already an existing landscape buffer installed with the original church construction and there are substantial trees and forested areas to the south. Ms. King asked if the church will be accessible in case of an emergency, such as severe weather. Mr. Taylor responded yes and further expounded on the temporary existing school/church relationship and the future construction plans for the school’s own building on it’s own property. Chair Young opened the public hearing. Monty Waldron, Associate Pastor of Fellowship Bible Church, of 4236 Veterans Parkway, Murfreesboro, TN 37128 came forward to voice support of the project. Ben Nolan, Headmaster of Redeemer Classical Academy, of 1623 Shelley Street, Murfreesboro, TN 37129 came forward to voice support of the project. There being no one else to speak for or against the request, Chair Young closed the public hearing. There being no further discussion, Julie King moved to approve the special use permit application subject to all staff recommendations; The motion was seconded by Tim Tipps and carried by the following vote: Aye: Julie King Tim Tipps Chair Davis Young Nay: None 5. Staff Reports and Other Business: None. 6. Adjourn. MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 22, 2022 Page 4 There being no further business, Chair Young adjourned the meeting at 1:26 p.m. CHAIRMAN SECRETARY  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2022 Application: 22Z010 Location: 1103 East Rye Ct. Applicant: Christal Lucas Adcock Owner: Mike Bickford Zoning: RS-15 (Single-Family Residential) Requests: A special use permit to conduct a home-based business (hair salon) 1 Special Use Permit Request Overview The applicant, Mrs. Cristal Lucas Adcock, requests approval to operate a one chair hair salon inside of her home. The location of the property is 1103 E. Rye Court, which is in a Single Family Residential (RS-15) zoning district. Because her business will generate customer traffic, a special use permit is required. The applicant has expressed that there will be no more than one customer at a time, there would be no employees besides herself at the business and the customers would park in the driveway. The hours of operation would be from 10:00am until 6:00pm Tuesday through Saturday by appointment only. Relevant Zoning Ordinance Section City of Murfreesboro Zoning Ordinance Section 9(D)(2)(rr) sets forth Standards for Home Occupations in addition to the Standards of General Applicability Section 9(C). The applicant has affirmed in her special use permit application letter that the home-based business will be operated in compliance with all zoning requirements. Staff Comments After reviewing the criteria for the special use permit requirements for home occupations, this project appears to meet the criteria. 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: Staff has reviewed the application and associated documents and believe that this standard has been met because no adverse impact on the above-mentioned list will be associated with the proposed use in Staff’s opinion. The salon is located within the existing structure and all parking will be on site and located behind the home. (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: Staff has reviewed the application and associated documents and believe that this standard has been met because the applicant has expressed that there will be no more than one customer at a time, there would be no employees besides herself at the business and the customers would park in the driveway. Customers will both park and enter the salon at the rear of the home. (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 has reviewed the application and associated documents and believe that this standard has been met because in staff’s opinion, traffic generated by the proposed business will not put undue stress on 2  public facilities as only one customer at a time will visit the property and that visit will be by appointment only. (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: Staff has reviewed the application and associated documents and believe that this standard has been met because no features of significant natural, scenic, or historic importance have been identified on the subject property or in this general area. (5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: Staff has reviewed the application and associated documents and believe that this standard has been met because all Additional Standards for Home Occupations below have been satisfied. Additional Standards for Home Occupations with Staff Analysis. (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; a. Staff has reviewed the application and associated documents and believe that this standard has been met because the applicant has stated in the application that she will be the only hairdresser and will not employ anyone. (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; a. Staff has reviewed the application and associated documents and believe that this standard has been met because the applicant has indicated that she understands the standard. If the applicant wants to post a sign, it shall require with all standards. (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; a. Staff has reviewed the application and associated documents and believe that this standard has been met because no modifications will be visible from the public right of way. She will install a door located at the rear of the property. (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; a. Staff has reviewed the application and associated documents and believe that this standard has been met because the structure is 1320 square feet in area according to the Rutherford County Property Assessors Office. The salon itself is only 150 square feet according to the applicant, or approximately 11% of the floor area. 3 (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; a. Staff has reviewed the application and associated documents and believe that this standard has been met because the applicant has indicated that she understands the requirement and hair salons do not use nor require large equipment. (6) There shall be no storage outside a principal building or accessory structure of equipment or materials used in connection with the home occupation; a. Staff has reviewed the application and associated documents and believe that this standard has been met because the applicant will not store any items outside of the principal building or accessory structure that are related to this business. (7) There shall be adequate provision for any traffic generated by such home occupation including off-street parking if required by the BZA; a. Staff has reviewed the application and associated documents and believe that this standard has been met because there will be adequate parking on site for the 1 car per appointment to park on site at the rear of the property. (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. a. Staff has reviewed the application and associated documents and believe that this standard has been met because no group instruction is included as a part of this application. (9) The following activities and land uses shall not be permitted as home occupations: automotive repair (body or mechanical), upholstery or painting; kennels; taxi service; gun dealers; or, charter bus service; a. Staff has reviewed the application and associated documents and believe that this standard has been met because none of these activities or land uses are a part of this application. (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. a. Staff included with this report recommended conditions of approval. As requested or conditioned, the residential character of the neighborhood will be maintained. 4 Recommended Conditions of Approval: 1) Customer visits shall be by appointment only. 2) No more than one customer at a time shall visit the home-based business. 3) Any proposed signage shall comply with the Zoning and Sign Ordinances, shall not exceed 3 square-feet, shall be attached to the principal structure only, and shall be subject to any applicable permitting requirements. 4) The business shall open no earlier than 10:00 AM and shall close no later than 6:00 PM and shall not operate on Sundays or Mondays. The applicant will be in attendance to respond to any questions the Board may have. Attached Exhibits A. Site aerial and photos B. Letter of explanation from applicant C. Application 5 Attachment A (Aerial photograph of the subject property) (Photograph of House from E. Rye Court) 6 (Photograph of shop entrance) 7 Attachment B: Applicant Letter Date: June 08, 2022 To: Murfreesboro Board of Zoning Appeals From: Christal Lucas Adcock, Master Cosmetologist Subject: Request for Special Zoning Permit Home Based Business Christal Lucas Adcock, is requesting approval for a Special Use Permit for a home-based business to be issued to Christal Lucas Adcock, a Master Cosmetologist. The information below is presented to the Murfreesboro Board of Zoning Appeals for their review and consideration. The Business will be located at my address 1103 E. Rye Ct. Murfreesboro TN. 37129. My husband and I, have rented the property for two years and I have permission to modify this rental property for a home-based business from my landlord, Mike Bickford. Prior to construction I signed an addendum to my lease. (Provided) I provided my landlord with My Business liability insurance covering the portion of the home being used for business. (Provided) Along with additional insurance coverage he required, for myself and professional contractors (Provided) we used to conduct the construction. We converted a master bathroom in the home to a salon. We added an Exterior door and steps to the back of the home. This door enters into one of the two closets in the master bathroom. We added a new vanity counter top and shampoo bowl to existing plumbing were a normal use sink was originally. We added new flooring and will only be using this portion of the home that is less the 25%, for a single chair salon that only I will be conducting business from. My husband and I, use the second bathroom in the home and made a spare bedroom into a closet. Standards Of General Applicability 1.The purposed 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 the public heath, safety and general welfare. Parking for the Beauty Shop will be around back of the home . No customers will be parking on the street. The property in on a cul-de-sac and will not block the flow threw of traffic. My single chair hair salon will have no adverse effect on any adjacent property or my neighborhood. I had a single chair salon inside of an Assisted living for seven years and I had to close do to Covid 19. I look forward to offering my hair services to my community and this wonderful town of Murfreesboro. 2.The purposed 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/HOA regulations. I have obtained permits from the city to remodel a potion of the home. We have converted a Master bathroom to a salon. The what was walk in closet is now the entrance to the salon. This entrance is on the back side of the home in the rear of the property. Parking is also at the rear of the property. I have been approved by my landlord and the Community HAO to operate a single chair salon in this home and Community. 3.The proposed buildings or use will be served adequately by essential public facilities and service such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewers, or that the persons agencies responsible for establishment of the purposed use will provide adequately for such services. Access to this property and neighboring properties will not be blocked or obstructed at anytime. Public services would remain consistent with current access and no obstruction of essential public services. 8 4.The purposed building or use will not result in the destruction, loss or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance; and The location of the business or the business itself will not result in the destruction, loss or damage to the natural, scenic, or known historic importance. 5.The proposed building or use will comply with all additional standards imposed on it by the particular provision of this section authorizing such use. Working with officials from the City of Murfreesboro, we have met all their current building codes and standards on the remodeling. We have approval from the HOA to operate under the city guidelines rules and regulations. APPENDIX A ZONING No person other then me myself will be working in the Beauty shop at any time. 1. My hours of operation will be 10:00am.- 6:00pm. Closed Sunday & Monday By Appointment only with me myself Christal Adcock and 1 Client at a time. No business sign on property will exceed 3 square feet 2. I will plan to use a small sign under 3 ft. In the rear of home or to the right of my driveway. I will get approval from BZA prior. 3. There shall be no alteration to the residential building that will change the character as a dwelling. I will not display any products visible from street. No more than 25% of the home will be used for business. 4. The business square footage is around 150 feet and significantly under 25% of the home. 5.Regarding mechanical or electrical equipment, in addition to a computer, a television, and styling tools. No other electrical or mechanical equipment will be used. No noise or radio interference or television reception. No outside storage building or structure is to be used for storage pertaining to the business, 6.There will be no storage of anything outside of the salon area. No blocking traffic or driveways of neighbors or flow through traffic. 7.There will be adequate provision for any traffic. Clients will have parking in the rear of property and will not be parking on the street, grass or blocking traffic. No school or instructional group classes will be performed. 8. The business is a single chair salon, there will be no instructional classes nor group activities performed. No such activities will be permitted. Automotive repair, kennels, taxi service, gun dealers or charter bus. 9. This is a hair salon, and will not be involved with automotive repair, kennels’ taxi service, gun dealership, nor charter bus service. I will comply with the additional standard set forth by the board of zoning. The BZA may require additional standards in order to assure the compatibility to the home and community. 10. I will abide by and additional standards required by the BZA. *(Provided) Documents are provided to the board for review. 9 Attachment C: Application 10  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT JULY 27, 2022 PROJECT PLANNER: JOEL AGUILERA Application: Z-22-021 Location: 100 E MTCS ROAD Applicant: Middle Tennessee Christian School, represented by Matt Taylor of SEC. Zoning: RS-15 (Residential Single-Family - 15,000 square feet minimum lot size) Request: Special Use Permit for an existing institutional group assembly use to install two 1,904 square-foot temporary portable buildings for use by Middle Tennessee Christian School. 1 Overview Special Use Permit Request The applicant, Middle Tennessee Christian School (MTCS), represented by Matt Taylor of SEC, is requesting a Special Use Permit (SUP) to place two, temporary, 1,904 square foot portable buildings at an existing institutional group assembly use zoned RS-15. The subject property is located at 100 E MTCS Road. The surrounding land uses are single- family to the south, residential duplex to the east, and commercial to the west and north. The two portable buildings would be installed on the southern portion of the subject property, directly north of the existing baseball field, and east of the approved high school expansion. The two portables will be placed away from Dover Street, with existing vegetation providing adequate screening from neighboring residential properties along Dover Street. The school will use the existing parking lot and on-site circulation during school operating hours. The site is required to have 123 parking spaces, without consideration of the high school addition, and has a total of 215 (plus 9 handicap) parking spaces, which meets the parking requirements per Chart 4 of the Zoning Ordinance. As stated in the applicant’s letter, the purpose for the two portable buildings is to use them for the upcoming 2022 school year to house teachers and students, while the school undertakes the construction of the new expansion. That expansion was previously approved by the Board of Zoning Appeals on March 23rd, 2022 (file ref: Z-22-003). The applicant has confirmed with this request that these portables will be temporary and will remain on- site for a period of 24 months or until the completion of the new addition, whichever occurs first. The construction for the new school building addition is anticipated to be completed in the 2023 fall school year. Relevant Zoning Ordinance Section Chart 2 of the City of Murfreesboro Zoning Ordinance allows institutional group assembly uses, such as churches and expansions thereto, as a special use in the RS-15 district. City of Murfreesboro Zoning Ordinance Section 9(D)(2)(zz) sets forth standards for institutional group assembly uses in addition to the Standards of General Applicability in Section 9(D). The applicable standards are listed below with information from Staff on how the applicant intends to address them. After reviewing the criteria for the special use requirements for institutional group assembly uses, this project appears to meet the criteria. Staff’s analysis is provided for each one and based on this analysis, the standards will be met for the requested Special Use Permit as proposed and with the recommended conditions of approval. 2 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: Staff Analysis: The proposed portable buildings would have minimal impact on the surrounding area and that the existing parking lot will be adequate for the school operations. The existing landscaping on the southeastern portion of the property, will provide screening from the residential properties fronting Dover Street. The applicant has confirmed the portables to be on site for no more than 24 months, or until the completion of the high school expansion. For these reasons, the proposed temporary portables will not impact to the adjacent public rights-of-way or neighboring properties. (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: Staff Analysis: Staff has confirmed that the two portables will be compatible with the MTCS campus and will not impact the traffic flow and generation on-site or off-site. The location of the portables will maintain safe pedestrian ways for students and staff that are expected to use it daily. Existing on-site landscaping will help screen it from residential properties along Dover Street and no new lighting has been proposed with this request. (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 Analysis: The applicant has confirmed that the two portables will be served adequately by essential public facilities. No additional street connections or improvements for public facilities have been proposed with this request. Parking, as shown on the site plan, complies with Chart 4 of the Zoning Ordinance. There will be no impacts to drainage, fire protection, water and sewer services. Any additional work for these portables will be subject to review and approval of a site plan as well as other permits prior to installation and occupancy. (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: 3  Staff Analysis: Staff is not aware of any such features on-site that will be impacted by this use. (5) The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: Staff Analysis: Additional standards for institutional group assembly uses are listed below. Additional Standards for Institutional Group Assembly Uses: a) Parking areas shall be designed and arranged so that backing from the site onto a public right-of-way will not be necessary and adequate space will be available for vehicles to turn around on site. An onsite off-street area shall be provided for vehicles to load and unload passengers. Parking areas shall not be permitted in the required front yard; Staff Analysis: As mentioned previously, on-site parking will comply with the parking requirements per Chart 4 of the Zoning Ordinance. The applicant has confirmed that an existing passenger loading and unloading exists on the north side of the buildings but new passenger loading or unloading zone has been proposed with this request. b) In all residential districts an institutional group assembly use shall have a lot size not less than three times the minimum lot size permitted in the zoning district where the institutional group assembly use is proposed to be located. In the event the institutional group assembly use is proposed to be located on land that has two or more different zoning classifications, the minimum lot size shall be calculated by applying the larger required minimum lot size; Staff Analysis: The minimum lot size of the RS-15 zone requires a minimum of 15,000 ft lots thus the minimum size is 45,000 ft or 1.033 acres. The proposed site is approximately 25 acres in size which exceeds the required minimum. c) On-site lighting for parking areas, fields for athletics, scoreboards, and grounds shall be arranged in such a manner as to minimize intrusion of lighting into areas zoned or used for residential or medical purposes. To this end, a plan depicting the proposed location of on-site exterior lighting fixtures shall be submitted for review by staff and the BZA. Such plan shall depict the arrangement of the lighting fixtures, their height, their specifications, and the direction in which lighting will be oriented. Additional information may be required by the staff or the BZA in 4  order to verify whether the lighting will be intrusive into areas zoned or used for residential or medical purposes; Staff Analysis: As mentioned previously, no new on-site permanent lighting has been proposed with this request. d) Applications for an institutional group assembly use shall indicate the proposed locations of garbage dumpsters or receptacles. These shall be located in such a manner as to minimize adverse effects upon neighboring properties and aesthetics from the public right-of-way. The use of dumpsters may be prohibited in the event the BZA determines that such would have a detrimental effect upon the adjacent property; Staff Analysis: Solid waste disposal will be handled via trash carts located on the western portion of the property. The dumpster is not expected to be moved or modified with this project. e) Areas for outdoor recreational use or outdoor group activities shall be screened or fenced in such a manner as to provide an effective buffer for adjacent uses. Screening shall be required pursuant to Section 27 of this article or as required by the BZA; Staff Analysis: No new recreational areas are proposed with this SUP application, and the existing recreational areas will continue to operate in ordinance with the previously approved SUP and site plans. The existing tree vegetation will continue to be used as buffers from properties along Dover Street. f) The number of required parking spaces provided on-site shall be in accordance with Chart 4 of this article provided, however, if the applicant can present evidence satisfactory to the BZA that a substantial portion of the expected users will arrive at the institutional group assembly use by bus, bicycle, walking, or by carpooling or that off-street parking areas on adjacent or nearby properties will be available on a long term basis, the BZA shall have authority to determine the number of required parking spaces to be provided on-site. The BZA may require that a reserve area be retained on-site for future expansions of the parking area; Staff Analysis: The total number of required parking spaces on-site, without the proposed addition, is a total of 123 parking spaces. Per the Zoning Ordinance Chart 4, the site currently has 215 existing parking spaces (plus 9 handicap spaces) which exceeds the required minimum number of spaces. g) An application for a special use permit for an institutional group assembly use shall be accompanied by a description of uses or activities proposed for the facility which may be subject to separate regulation, or which may result in unusual traffic patterns, traffic volumes, or other detrimental impacts upon adjacent properties, 5  including but not necessarily limited to those uses which would require a special permit if not a part of the institutional group assembly use: Staff Analysis: The proposed use is two temporary portables to be used by MTCS for the purpose of housing students and teachers while the addition is constructed. The attached letter describes the use and assures the removal of the portables within 24 months or upon the completion of the school addition, whichever occurs first. h) The BZA shall have authority to approve an on-site location with water, sewer, and electric utility connections for accommodations for travel trailers or R.V.s (recreational vehicles) for use by visiting or traveling speakers or guests associated with the institutional group assembly use. Provided, however, such location for travel trailers or R.V.s shall not be permitted for use as a permanent residential dwelling unit; Staff Analysis: No such uses are being requested with this special use permit application. i) The BZA shall have the authority to grant variances to the standards imposed by this subsection for temporary or short-term uses of property for the institutional group assembly use purposes. In such cases, the BZA may impose conditions of approval to assure the compatibility of the short-term land use with other property in the vicinity of the proposed use; Staff Analysis: No temporary or short-term uses are being proposed at this time; therefore, the applicant is not requesting any variances associated with any such uses. j) The application for a special use permit for an institutional group assembly use shall indicate any intentions for the use of systems for the external broadcast of speech, music, or other sounds. If such are proposed, the applicant shall indicate the times of day and duration of their proposed use. The BZA shall have the authority to place restrictions upon their use in order to minimize excessive noise from intruding upon neighboring properties especially those zoned or used for residential purposes. In no event shall the BZA approve the use of such which would be in violation of the City Code or ordinances regulating noise. BZA approval does not constitute a waiver of any City Code or ordinances regulating noise; Staff Analysis: The applicant does not intend to have a speaker or any outdoor amplification. 6 Staff Comments: Staff analysis demonstrates that the requested use meets the standards of general applicability and the standards for establishing a new institutional group assembly use on a property zoned RS-15. Staff recommends approval of the SUP to allow the two temporary portables to be used to teach 6th and 12th graders while the high school addition undergoes construction. Recommended Conditions of Approval: 1. The special use permit shall be for the placement of two 1,904 square foot, temporary modulars, to be used by MTCS for the upcoming 2022 school year as 8 additional classrooms, for 8 teachers and approximately 66 sixth graders, and 74 twelfth graders. 2. Each modular building shall not exceed 1,904 feet and shall be installed at location that is depicted on the site plan. 3. The two temporary portables shall be removed in 24 months (July 27th, 2024) or prior to the issuance of the certificate of occupancy for the MTCS building addition, whichever occurs first. 4. The applicant shall install skirting for the two portable buildings. 5. Parking shall be managed on-site (or off-site pursuant to the requirements regarding off-site parking agreements in Section 26 of the Zoning Ordinance), so that there shall be no negative impact to the adjacent public rights-of-way or neighboring properties. If it is determined that such negative impacts are occurring as determined by the Planning Director, the special use permit shall be subject to review by the BZA, at which time the BZA may require additional parking on-site (or off-site, pursuant to the requirements regarding off-site parking agreements in Section 26). 6. A site plan application shall be submitted for review and approval, subject to the municipal code and the Murfreesboro Design Guidelines. Attached Exhibits A. Site plan and elevations B. Correspondence C. Application 7 Notes: 1) Engineering Department Point of Contact is Katie Noel, 615-893-6441; knoel@MurfreesboroTN.gov 2) Planning Department Point of Contact is Marina Rush, 615-893-6441; mrush@MurfreesboroTN.gov Owner/Developer: Rutherford County Bible School 100 E. MTCS RD Murfreesboro, Tn 37130 Deed Reference: Tax Map 80 Parcel 51.00 BK 138 Pg. 211 Yard Requirements: Front: 40' Side: 12.5' Rear: 30' Intended Use: School, Public or Private, Grades K-12 Land Use Data: Zoned: RS-15 2-Story Building Building Ht.: 38'-0" Total Floor Area: 121,875 Sq.Ft. (Existing) + 3,808 Sq.Ft. (Proposed) Existing Classrooms = 32 Proposed Portables = 2 - 1904 Sq.Ft. Portables (4 Classroom Total) 1 Lot on: 25.00± Acres Required Parking W/ Portables Kindergarten = 1 for each 5 children x 45 = 9 Grades 1 though 9 = 2 for each classroom x 25 = 50 Grades 10 through 12 = 8 for each classroom x 8 = 64 2 Temporary Portables Will Contain 4 Classrooms Total To Include 4 Teachers And 66 Sixth Graders And 74 Seniors Throughout The Day. All Of These Students Are Included In The Total Student Count On-Site. Total Required = 123 Spaces SITE ENGINEERING CONSULTANTS 215 Ex. Spaces + 9 Ex. HC Spaces = 224 Total Spaces ENGINEERING SURVEYING LAND PLANNING LANDSCAPE ARCHITECTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 Flood Map No.: PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 This site lies within Zone X, not in the NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. 100 Year Floodplain, per Community Panel COPYRIGHT SEC, INC. 2021 47149-C0260H dated January 5, 2007.  SWPPP Narrative: Construction Sequence: General Contractor Shall Install All Initial EPSC Measures Prior To Any Earthwork Beginning. 1 Outfall EPSC Phasing EPSC Notes: R Know what's below. Call before you dig. SITE ENGINEERING CONSULTANTS ENGINEERING SURVEYING LAND PLANNING LANDSCAPE ARCHITECTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. COPYRIGHT S.E.C. INC., 2021 The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that the site is constructed in accordance with the construction plans.  SITE ENGINEERING CONSULTANTS ENGINEERING SURVEYING LAND PLANNING LANDSCAPE ARCHITECTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. COPYRIGHT S.E.C. INC., 2021 The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that the site is constructed in accordance with the construction plans.  Required Parking W/ Addition Kindergarten = 1 for each 5 children x 45 = 9 Grades 1 though 9 = 2 for each classroom x 25 = 50 R Know what's below. Grades 10 through 12 = 8 for each classroom x 8 = 64 Call before you dig. Total Required = 123 Spaces Provided Parking 215 Existing Spaces 9 Existing HC Spaces 224 Total Spaces SITE ENGINEERING CONSULTANTS ENGINEERING SURVEYING LAND PLANNING LANDSCAPE ARCHITECTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. COPYRIGHT S.E.C. INC., 2021 The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that the site is constructed in accordance with the construction plans.  68' x 28' CLASSROOM In addition to your classroom solution, we can provide additional products and services that complete your space- creating a more productive, comfortable, and safe work environment. CUSTOMIZATION Steps & Ramps Furniture & Appliances Technology Site Services Loss Protection Dimensions Exterior Finish Interior Finish Electric 68′ Long (including hitch) EPDM Rubber Roof Acoustic or finished gypsum Fluorescent lighting ceiling 28′ Wide Smart panel wood exterior siding Vinyl covered gypsum walls Commercial grade tile or carpet with base cove molding Heating/Cooling Windows/Doors Other Central HVAC with Low-E double-insulated glass J-boxes & data closet programmable thermostats windows ADA restrooms (optional) Steel exterior doors with deadbolts & 10” x 10” vision window Commercial interior doors with steel jambs * Photos are representational; actual products vary. Additional floor plans and specifications may vary from 800.782.1500 | WILLSCOT.COM those shown and are subject to in-stock availability July 7, 2022 Updated July 22, 2022 Mr. Joel Aguilera City of Murfreesboro 111 W Vine St Murfreesboro, Tennessee 37130 RE: Middle Tennessee Christian School Temporary Portables BZA Special Use Permit Murfreesboro, Tennessee SEC Project No. 94202 Dear Joel: Pursuant to Section 8 – Procedure for Uses Requiring Special Permits and Section 9 – Standards for Special Permit Uses of the City of Murfreesboro Tennessee 2022 Zoning Ordinance in regard to the existing Middle Tennessee Christian School (MTCS) (on a 25- acre Parcel 51.00 of Tax Map 80 at 100 E MTCS Rd), please accept the following information as our submittal package for the official Board of Zoning Appeals – Hearing Request Application. If the special use permit is granted, the applicants intend to install 2 temporary portables during the construction of the previously approved addition to the Gymnasium for additional High School classrooms, additional parking, and a pedestrian plaza between the addition and the existing school. Section 8 – Procedure for Uses Requiring Special Permits (A) Name, address, and telephone number of the applicant SEC, Inc on behalf of MTCS c/o Matt Taylor 850 Middle TN Blvd Murfreesboro, TN 37129 (B) Nature and extent of applicant’s ownership interest in subject property MTCS currently owns the property. (C) Site plan to be submitted for review by City Staff and the Board of Zoning Appeals A concept plan has been submitted with this application for review. (D) Address of the site of the proposed special use South of East MTCS Rd 100 E MTCS Road Murfreesboro, TN 37129  (E) Vicinity Map showing the property of the proposed special use and all parcels within a five-hundred foot radius A vicinity map has been submitted with this application for review. (F) Zoning Classification of property of the proposed special use The property is currently zoned RS-15 and previously been granted a special use permit. (G) The property of the proposed special use shall have the following characteristics: 1.) Hours and days of operation School Bell Times = 7:45 AM and 3:00 PM After School Events = upto 11:00 PM for athletic events Early Arrival of Students = 7:00 AM 2.) Duration of the proposed special use Temporary (installation prior to Fall 2022 school year and removal once High School addition is completed (anticipated Fall 2023 school year) but no more than 24 months 3.) Number of expected patrons that will be expected to utilize the property of the proposed special use The current school has a capacity for 750 students based on size of classrooms. The proposed expansion would allow for up to 1100 students. The portables would house up to 4 classrooms with 4 teachers, 66 sixth graders and 74 seniors over the course of the school day. 4.) Projected traffic that will be expected to be generated by the proposed special use No change in traffic generation is projected with the portables addition. (H) Potentially harmful characteristics of the propsed special use for the zoning district in which it is proposed and the manner in which the applicant proposes to eliminate or minimize them No new lighting is proposed with the portables so no photometric plan is included. Existing lighting will remain. The existing natural landscaping along the southeaster property lines will remain in place so no new landscaping is proposed. The trash enclosures are existing on the western side of the elementary school and will remain. This location is located away from the residences. Section 9 – Standards for Special Permit Uses (C) Standards of general applicability. An applicant for a special use permit shall present evidence at the public hearing on such special permit, which evidence must establish: 1) that 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. The portables will be located on the property to have minimal impacts on the surrounding neighborhoods. All the parking needs for the school will be contained on the site itself and will not have any new connectivity with the surrounding residential neighborhoods. There are no utility revisions that would negatively impact surrounding neighborhoods. Water: MWRD has a waterline north of the portables and will be used to connect these portables to water service. A water service has previously been extended into the site from E MTCS Rd. Sanitary Sewer: MWRD has sanitary sewer located to the west of the portable locations that will be utilized for sewer service. Electric: MTEMC has electrical service along E MTCS Rd via overhead lines and on-site as underground primary. Electric service will be extended from existing service. 2) that 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 portables are located south of the existing buildings and north of the softball field and does not encroach any closer to the existing residential than the existing facilities. The site will be accessed solely from the existing access drives that will provide for full turning movements. The proposed building will have exterior materials as shown on the architectural elevations. The portables are not proposing new lighting on-site. Existing lighting will remain. The existing natural landscaping along the property lines will remain. The trash enclosures are existing and are located away from the residences and that location will remain unchanged. 3) that the proposed building or use will be served adequately by the 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 The subjected property is located along public streets of E MTCS Rd and Dover Rd. Both access points provide access to major arterial roadways, Memorial Blvd and East Northfield Blvd. All of the parking needs for the school are contained on the site itself and will not have any new connectivity with the surrounding residential neighborhoods. The total projected parking spaces for the site prior to High School Addition being completed is shown as 224 (215 regular plus 9 handicap spaces) which exceeds the ordinance requirements. The drainage for the site will follow existing drainage patterns.  Solid waste disposal will be handled via an existing dumpster located on the western portion of the property. That location will remain unchanged. Fire protection currently exists for the site. Sanitary sewer service will be extended for the proposed portables. 4) that the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance Existing trees adjacent to the site’s perimeter will remain to aid in the establishment and effectiveness of the landscape buffers. No other structures or features are known to be of significant importance to remain at this time, however if the BZA identifies any such features the applicant will work to preserve those as well. 5) that the proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use Institutional p assembly uses, including recreational fields, public buildings, public or private schools grades K-12, lodges, country clubs, churches, and other places of worship, shall be subject to the following additional standards 1.) Parking areas shall be designed and arranged so that backing from the site onto a public right-of-way will not be necessary and adequate space will be available for vehicles to turn around on site. An onsite off-street area shall be provided for vehicles to load and unload passengers. Parking areas shall not be permitted in the required front yard. As represented on the site plan, all parking is contained onsite and no parking is proposed to back onto the public street. A passenger loading & unloading zone exists on the north side of the buildings. 2.) In all residential districts, an institutional use group assembly use shall have a lot size not less than three times the minimum lot size permitted in the zoning district where the institutional group assembly is proposed to be located The minimum lot size of the RS-15 zone requires a minimum of 15,000 s.f. lots thus the minimum size is 45,000 s.f. or 1.03 acres. The proposed site is approximately 25 acres in size which is 24.2 times larger than the required minimum. 3.) Onsite lighting for parking areas, fields for athletics, scoreboards and grounds shall be arranged in such a manner as to minimize intrusion of the lighting into areas zoned or used for residential or medical purposes The photometric plan will show the onsite proposed lighting in the parking lots and No new lighting is proposed with the portables so no photometric plan is included. Existing lighting will remain. 4.) Applications for an institutional group assembly use shall indicate the proposed locations of garbage dumpsters or receptacles. These  facilities shall be located in such a manner as to minimize the adverse effects upon neighboring properties and aesthetics from the public right-of-way. Solid waste disposal will be handled via an existing dumpster located on the western portion of the property on the west side of the elementary school. The dumpster will not be modified or moved during this project. 5.) Areas for outdoor recreational use or outdoor group activities shall be screened or fenced in such a manner as to provide an effective buffer for adjacent uses The existing recreational areas are proposed to continue in accordance with their previous special use permits and site plans. The existing vegetation along property lines will remain to be used as buffers. 6.) The number of required parking spaces provided onsite shall be in accordance with Chart 4 of this article The total projected parking spaces for the site prior to the High School Addition being completed is shown as 215 regular and 9 HC spaces which exceeds the ordinance requirements. 7.) An application for a special use permit for an institutional group assembly shall be accompanied by a description of uses or activities proposed for the facility which may be subject to separate regulation or which may result in unusual traffic patterns, traffic volumes, or other detrimental impacts upon adjacent properties, including but not necessarily limited to those uses which would require a special permit if not a part of the institutional group assembly use; The portables will house sixth graders and seniors. The school already has both such classrooms so no traffic patterns are anticipated to change with this plan except we are eliminating one of the access points to the cul de sac at the end of Dover Road. The impact of such programming is already existing with the current use of the site. 8.) The BZA shall have the authority to approve an onsite location with water, sewer, and electric utility connections for accommodations for travel trailers or recreational vehicles (RV’s) No such uses are being requested at this time. 9.) The BZA shall have the authority to grant variances to the standards imposed by this subsection for temporary or short term uses of the property for the institutional group assembly use purposes The portables will be temporary however no variances are sought for the uses.  10.) The application for special use permit for an institutional group assembly use shall indicate an intentions for the use of systems for external broadcast of speech, music, or other sounds The applicant does not intend to have any outdoor speakers associated with this addition. However such uses that have previous special use permit approvals (other on-site athletic facilities) will remain in use in accordance with those prior approvals. Your thorough consideration of the requested special use permit is much appreciated. Please contact me if any additional information is required. I can be contacted at 615-890- 7901 or via email at mtaylor@sec-civil.com. Sincerely, Matt Taylor, P.E. Vice President SEC, Inc.