City Council

July 19, 2018 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 7:00 p.m. on Thursday, July 19, 2018, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade The following representatives of the City were also present: Craig Tindall, City Manager James Crumley, Assistant City Manager Jennifer Moody, Assistant City Manager Melissa Wright, City Recorder/Finance Director Adam Tucker, Interim City Attorney David Ives, Deputy City Attorney Matthew Blomeley, Acting Planning Director Margaret Ann Green, Principal Planner Chris Lilly, Information Technology Director Gary Whitaker, Economic Development/ Assistant City Manager Sam Huddleston, Executive Director/ Development Services Georgia A. Meshotto, Administrative Assistant City Council/City Recorder Council Member Kirt Wade commenced the meeting with a prayer. Boy Scout Houston Sproles, led those present with the Pledge of Allegiance. Boy Scout Houston Sproles from St. Mark’s Troop 398 was present to complete requirements for Eagle Scout. Mayor McFarland extended condolences to Council Member Kirt Wade and his family on the recent passing of his father. Mr. Greg Tucker, Rutherford County Historian, presented historical facts about Bradley Academy and Bradley School. The Consent Agenda was presented to the Council for approval: 1) Chief of Police: A. School Patrol Service Contract for St. Rose of Lima School. B. School Patrol Service Contract for MTCS (Police). C. School Patrol Service Contract for PCA (Police). 2) Human Resources: Replace HRIS Analyst position with Training Manager position. 3) Engineering: Annual Concrete & Storm Drainage Contract. 4) St. Clair Street Senior Center: A. United Way of Rutherford & Cannon Counties Agreement. B. CDBG FY2018-2019 Adult Day Services. C. GNRC Contract. D. GNRC Options Contract 2019-02. 5) Renewal of Certificate of Compliance for Wine in Retail Stores: Jules Smith at Kroger #565, 4432 Veterans Parkway. (Insert letters from the Chief of Police, Human Resources, Engineering, St. Clair Street Senior Center and City Recorder/Finance Director here.)  July 19, 2018 Page 2 Mr. LaLance made a motion to approve the Consent Agenda in its entirety. Mr. Wade seconded the motion and all members of the Council voted “Aye”. Mr. LaLance made a motion to approve the minutes as written and presented for the special meeting held on July 12, 2018 and the regular meeting held on July 12, 2018. Mr. Smotherman seconded the motion and all members of the Council voted “Aye”. An ordinance, entitled “ORDINANCE 18-OZ-17 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 17.96 acres along Twin Oak Drive as Single-Family Residential Six (RS-6) District, simultaneous with annexation; Rutherford County Habitat for Humanity, applicant [2018-433],” which passed first reading on May 3, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-OZ-17 here.) An ordinance, entitled “ORDINANCE 18-O-40 amending Murfreesboro City Code, Chapter 29-Subdivisions, Maps and Plats, Section 29-5 and Sections 29-9 through 29-18 by (1) providing that application review fees be set by resolution; (2) changing references to the Murfreesboro Water and Sewer Department (MWSD) and Water and Sewer Board, respectively, to the Murfreesboro Water Resources Department (MWRD) and Water Resources Board; and (3) changing certain references to the City Engineer to the Development Services Division or Development Services Director,” which passed first reading on July 12, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Said ordinance so passed on second and final reading is as follows:  July 19, 2018 Page 3 (Insert ORDINANCE 18-O-40 here.) An ordinance, entitled “ORDINANCE 18-O-42 amending the Murfreesboro City Code, Chapter 4, Alcoholic Beverages, including liquor, wine, and beer,” which passed first reading on July 12, 2018, was read to the Council and offered for passage on second and final reading upon motion made by Mr. Wade, seconded by LaLance. Upon roll call said ordinance was passed on second and final reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Eddie Smotherman Kirt Wade Shane McFarland Nay: Bill Shacklett Said ordinance so passed on second and final reading is as follows: (Insert ORDINANCE 18-O-42 here.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-35 adopted by the City Council on June 14, 2018, to amend 19.6 acres in Westlawn PUD along Veterans Parkway [2018-4114]; Parks- Harney Investments, applicant. Notice of said public hearing was published in the July 3, 2018 issue of a local newspaper as follows: (Insert notice here.) Ms. Margaret Ann Green, Principal Planner, gave a presentation on the request to amend 19.6 acres in the Westlawn PUD located along Veterans Parkway and Shores Road. Subject area is to be divided into Areas C-4 and C-5. Area C-4 (10.5 acres) is located along Veterans Parkway and proposed for commercial and institutional uses. Area C-5 (6.3 acres) is located along Shores Road and proposed for commercial, institutional and residential uses. Development in either of these areas will be required to meet the GDO Design Standards. Most of the adjacent properties are zoned PUD except for properties to the south which are in the unincorporated area of Rutherford County. During the public hearing, Planning Commission discussed the proposed uses and were uncomfortable with the use of a hotel located in Area C-5. The applicants were asked to remove that use from the Program Book. The Future Land Use Map recommends that the area develop as multi-family residential district, largely taking into consideration that the current zoning allows apartments. She also indicated that Shores Road will be relocated and constructed as a 3- lane commercial street. The developer will be responsible for constructing a portion of the road on their side of the property. It is anticipated that there will be two signalized intersections, one at Westlawn Boulevard and the other at Blackman Road and Shores Road where they will connect. Six members of the Planning Commission voted to approve with  July 19, 2018 Page 4 one abstention. This approval was contingent on the hotel use being removed from the Program Book. Mr. Randy Caldwell, Ragan-Smith & Associates, gave a presentation on the details of the proposed development. Mr. John Harney, Parks-Harney Investments, was also present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed amendments to the Westlawn PUD come forward to the lectern. Mr. Larry Tipton, 3371 Shores Road, was opposed to commercial zoning. It concerned him that a specific plan is not in place, and the backside of the buildings would not be aesthetically pleasing. He requested to keep the “townhome” status and that Shores Road not be renamed. Mr. Kenneth Hawkins, 3341 Shores Road, had concerns with the planning process and what they were told initially. He requested that documentation be a part of the plans that address the height of the berm and trees; Shores Road not be dead-ended; and a list of permitted uses be submitted. Mr. Mike Tanner, 3431 Shores Road, opposed commercial zoning and pointed out that this area was slated to be a transitional area between residential and commercial. There are scores of acres already slated between Shores Road and I-840 to be commercial. He requested that no retail business be allowed on either tract and questioned how the access road would be funded. It was noted that there were no notification signs for either the planning public hearing or this public hearing. Mr. Travis Hoslate, 3281 Shores Road, was opposed to commercial and tractor trailer trucks traveling up and down the road. Mr. Ray Mathis, 3521 Shores Road, opposed commercial zoning for these tracts at the end of Shores Road and wanted the present zoning to remain in place. Mr. James Lovett, 3683 Shores Road, opposed commercial zoning and development of more malls. Ms. Beth Spivey, 5083 Veterans Parkway, opposed any commercial zoning that would compromise their functional and aesthetic county neighborhood and could potentially affect their property values in a negative way. There were no others present who wished to speak for or against the proposed rezoning along Veterans Parkway and Shores Road and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Caldwell addressed how the Design Guidelines would specifically address service areas which provides a level of protection as well as this development being a PUD. The C-4  July 19, 2018 Page 5 tract is a natural low point of the property which abuts up to Shores Road and will be a significant detention area that will provide additional physical separation from any of the intense C-4 uses. The proposed uses in Area C-5 do not typically have long service areas but rather loading docks and smaller service areas which are easier to screen. There are specific uses identified, and the C-5 area has less intense uses. The berm will have a 6’ width, and the developer is committed to planting 8-12’ evergreen trees on top of the berm. Mr. Blomeley stated that the name of the road would be reviewed at the time the realignment occurs. Ms. Green addressed the aesthetics of the backs of retail type uses and confirmed that Area C-5 does allow any type of retail uses. There is a 40’ wide buffer located adjacent to Shores Road which is larger than any buffer required in the City between a commercial and residential use. A 15’ wide landscaped yard is required. Area C-4 has frontage and access to Veterans Parkway and the new road; however, it does not have any frontage or access to any of the existing single-family residential areas. Ms. Green clarified that Area C-5 is located closest to those who spoke, and the uses proposed are age restricted residential, assisted living, hospital, independent living, medical offices and offices. These uses typically do not have loading docks and large dumpsters. Area C-4 would allow a wider range of uses. She confirmed that they did meet the legal requirements for notices by advertising the public hearings in the newspaper as well as notices were sent to the residents who live within 250’ of the proposed area. Signs were also placed on the property. Gateway Design Overlay reviews architecture, and this would be a high-quality product such as brick, stone, etc. The use for soap was for manufacturing and distribution of soap. Liquor store, soap and hotel uses were eliminated from Area C-5. An ordinance, entitled “ORDINANCE 18-OZ-35 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to amend the conditions applicable to approximately 19.6 acres in the Planned Unit Development (PUD) District (Westlawn PUD) located along Veterans Parkway as indicated on the attached map; Parks-Harney Investments, applicant [2018-414],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following voted: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None  July 19, 2018 Page 6 Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-36 adopted by the City Council on June 14, 2018, to consider rezoning approximately 5.1 acres along Manchester Pike & Maples Farm Drive from Commercial Highway (CH) District to Single-Family Attached Type-2 (RS-A Type- 2) District [2018-416]; The Maples Family General Partnership, applicant. Notice of said public hearing was published in the July 3, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, presented the applicant’s request to rezone the northeast corner of Manchester Pike and Maples Farm Drive to Single-Family Attached Type 2 (RS-A Type 2). At the time Ms. Maples Taylor had the property annexed and zoned, she left the corners at Manchester Pike zoned Commercial Highway in hopes of selling those parcels in the future for development of some type of neighborhood services at the entrance of her subdivision. Due to no interest being shown in these commercial lots during development of the subdivision, she decided to come up with an alternative plan and requested RS-A Type-2 which is single-family attached district suburban townhouse for a transition of townhouses to the single-family subdivision as opposed to the existing transition of commercial zoning to her subdivision. Both corners of the entrance to the subdivision are zoned Commercial Highway; however, she is only requesting rezoning of the five acres at the northeast corner of that intersection. The Murfreesboro 2035 Plan recommends that this property develop as General Commercial which staff believes that the recommendation in the 2035 Plan was because of the existing commercial zoning at that location. The applicants feel that the townhouse use is more appropriate as a transition back to the Maples Subdivision. Surrounding zonings consist of Single-Family Residential Fifteen (RS-15) District to the north; Single-Family Residential Eight (RS-8), Single Family Residential Ten (RS-10) and Single-Family Residential Twelve (RS-12) Districts to the east; and single-family residential parcels in the unincorporated County to the west. The Planning Commission held a public hearing on June 6, 2018 after which they voted unanimously to approve with one abstention. Ms. Maples Taylor, applicant, Mr. Rob Molchan and Mr. Matt Taylor, both of SEC, Inc., were present to represent Ms. Taylor. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 5.1 acres along Manchester Pike & Maples Farm Drive to Single-Family Attached Type-2 (RS-A Type-2) District come forward to the lectern. There was no one present who wished to speak for or  July 19, 2018 Page 7 against the proposed rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-36 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 5.1 acres along Manchester Pike and Maples Farm Drive from Commercial Highway (CH) District to Single-Family Attached Type-2 (RS-A Type-2) District; The Maples Family General Partnership, applicant [2018-416],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-37 adopted by the City Council on June 14, 2018, to consider a Plan of Services and annexation for 34.8 acres and 2) zoning of approximately 28.5 acres along Saint Andrews Drive and Veterans Parkway to Commercial Fringe (CF) District [2018-504 & 2018-415]; St. Andrews, LLC and City of Murfreesboro, applicants. Notice of said public hearing was published in the July 3, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, presented the request for annexation and Plan of Services for two parcels along the east side of Saint Andrews Drive and the north side of Veterans Parkway. The property was initially owned by two separate ownership groups (Smith Bros. Properties and St. Andrews LLC). Since this map was prepared, the City has purchased both parcels. A revised map was provided which illustrated 0.18 acres that the Smith Bros. did not wish to retain, and this acreage is included in the annexation request for a total of 34.98 acres. It also includes 800 linear feet of Saint Andrews Drive right-of-way (approximately 1.3 acres) and 2,100 linear feet of Veterans Parkway right-of-way (approximately 4.9 acres). Mr. Blomeley requested approval of the Plan of Services subject to it being revised to include the additional 0.18 acres and the revised annexation study area. The Plan of Services does indicate that City services can be provided to subject property. The study area is located within the City’s Urban Growth  July 19, 2018 Page 8 Boundary, and it is contiguous with the existing City Limits on multiple sides. The Engineering Department has determined that the annualized cost for the operation and maintenance of this segment of Saint Andrews Drive that is proposed to be annexed will cost $2,000.00. The City already maintains the segment of Veterans Parkway that is proposed to be annexed. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation for approximately 34.98 acres along Saint Andrews Drive and Veterans Parkway come forward to the lectern. There was no one present who wished to speak for or against the Plan of Serves and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-37 was read to the Council and offered for adoption, to include the revised map, upon motion made by Mr. LaLance, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-37 here to adopt a Plan of Services for approximately 34.98 acres along Saint Andrews Drive and Veterans Parkway [2018-504]; St. Andrews, LLC, applicant.) The following RESOLUTION 18-R-A-37 was read to the Council and offered for adoption, to include the revised map, upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-37 here to annex approximately 34.98 acres along Saint Andrews Drive and Veterans Parkway, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-504]; St. Andrews, LLC, applicant.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing to consider zoning approximately 28.5 acres along Saint Andrews Drive & Veterans Parkway to Commercial Fringe (CF) District, simultaneous with annexation.  July 19, 2018 Page 9 Mr. Matthew Blomeley, Acting Planning Director, said this zoning request for Commercial Fringe (CF) District is for the same property just considered for annexation, simultaneous with annexation. This zoning classification permits public and private schools, grades K-12 by right. The Commercial Fringe Zone is consistent with what the 2035 Murfreesboro Comprehensive Plan recommends for this property. It is sensitive to the surrounding residential uses and does not require a special use permit for an elementary school. The revised acreage for the zoning is 28.68 acres. The Planning Commission held a public hearing on this matter on June 6, 2018 and unanimously recommended its approval. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of Commercial Fringe (CF) District for approximately 28.68 acres along Saint Andrews Drive and Veterans Parkway, simultaneous with annexation, come forward to the lectern. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-37 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 28.68 acres along Saint Andrews Drive and Veterans Parkway as Commercial Fringe (CF) District, simultaneous with annexation; City of Murfreesboro, applicant [2018-415],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-38 adopted by the City Council on June 14, 2018, to consider 1) adoption of a Plan of Services for and annexation of 85.9 acres (including ROW) along Florence Road, 2) zoning of approximately 84.34 acres (excluding ROW) along Florence Road to Commercial Fringe (CF) District, Single-Family Attached Type 2 (RS-A2) District, Commercial Highway (CH) District, Single-Family Residential Six (RS-6) District, and Planned Residential Development (PRD) District (Windwoods PRD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and 3) rezoning of approximately 114 acres along Florence Road from Planned Unit Development (PUD) District  July 19, 2018 Page 10 to Single-Family Attached Type 2 (RS-A2) District, Single-Family Residential Six (RS-6) District, and Commercial Fringe (CF) District; from Single-Family Residential Ten (RS-10) District to Commercial Fringe (CF) District and Single-Family Attached Type 2 (RS-A2) District; and from Single-Family Residential Twelve (RS-12) District to Commercial Fringe (CF) District [2018-505 & 2018-417]; Roy L. Waldron Family Ltd. Partnership, applicant. Notice of said public hearing was published in the July 3, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, presented the request for Annexation Plan of Services and annexation petition for an area located along the west side of Florence Road. It is the back portion of a parcel that was annexed in 2006 and zoned as a PUD for the Homeplace. The Waldrons had a PUD approved but never developed on that property. Now, with the impending construction of the Cherry Lane extension, they have requested the annexation and zoning of their entire tract. The balance of the tract that was never annexed is 83.7 acres as well as a segment of Florence Road right-of-way currently in the unincorporated County but includes some of the frontage of this property and, because any development on the property would access Florence Road at that location, staff would want it to be in the City’s jurisdiction. When the Windwoods tract was annexed, a 10’ strip along the eastern and northern boundaries was left. Since that time, the Legal Department has opined that the 10’ strip is no longer required so it has been included in the Plan of Services and the annexation study area. The Plan of Services indicates how the City will be able to provide services to subject property. The property is within MED’s Service Boundary with MTEMC; however, both the staff of MED and MTEMC agree that it would be more feasible for MTEMC to serve subject property, and they indicated in their responses to staff that they are going to seek to amend the Service Boundary so that MTEMC can serve that property. There were no questions from the Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Annexation Plan of Services and annexation petition for approximately 85.9 acres located along Florence Road come forward to the lectern. There was no one present who wished to speak for or against the proposed Plan of Services and annexation request and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-38 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote:  July 19, 2018 Page 11 Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-38 here to adopt a Plan of Services for approximately 85.9 acres along Florence Road [2018-505]; Roy L. Waldron Family Ltd. Partnership, applicant.) The following RESOLUTION 18-R-A-38 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-38 here to annex approximately 85.9 acres along Florence Road, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-505]; Roy L. Waldron Family Ltd. Partnership, applicant.) Mr. Matthew Blomeley, Acting Planning Director, then presented the applicant’s zoning request which is located along the west side of Florence Road between I-24 and Old Nashville Highway. The future land use map contained in the Murfreesboro 2035 Comprehensive Plan recommends that the property develop as General Residential which is a classification with a density range of 3.54 to 8.64 units per acre. The RS-6 zone is compatible with the General Residential uses in the plan. The RS-A Type 2 allows a density of up to 12 dwelling units per acre; however, he was not certain if the 2035 Plan contemplated the impact of the proposed Cherry Lane extension on this property. The Planning Commission conducted a public hearing on June 6, 2018 and unanimously recommended its approval. Mr. Matt Taylor and Mr. Rob Molchan with SEC, Inc. were present to represent the Waldron Family. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zonings for subject property located along Florence Road come forward to the lectern. Mr. Brad Hornsby, Rutherford County Bar, was present on behalf of Ms. Jenny Justice who owns property to the east of subject property. The Sazerac property is located to the south. Her position is that her property will be abutting this property and become an attractive nuisance. She would like some type of impenetrable barrier between her property  July 19, 2018 Page 12 and what is now going to become commercial/residential property. An 8’ fence would be sufficient. There were no others present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Blomeley addressed the matter of the barrier for the Justice property. If her property is zoned RM (Residential Medium Density) in the County, that would be equivalent to single-family in the City, and the Zoning Ordinance would require a Type D Buffer which is a 15’ wide densely planted strip of evergreens. A Type D buffer is the second most stringent buffer required in the Zoning Ordinance where Commercial Highway (CH) District or Commercial Fringe (CF) District abuts single-family residential zoning. There is nothing in the Zoning Ordinance that mandates a fence. It was suggested that Mr. Hornsby might discuss with the Waldrons to put a covenant on the property that would require a fence. When the property develops, the City’s ordinance would require a Type D Buffer under the proposed zoning. The Planning Commission will have the option to place other appropriate conditions on approval of the site plan. Mr. Matt Taylor indicated there is not a definite time frame on the commercial portion of the request. It is their opinion that it will be largely driven by the construction of Cherry Lane and much more likely with the construction of the future interchange anticipated to the southwest. The applicants want to get the appropriate zoning for the area in place. It is unlikely that anything will develop until Cherry Lane extension and the interchange are in place. The residential aspect of the development will happen more quickly, but the commercial areas will remain undeveloped for many years. Mayor McFarland suggested that the applicant work with Ms. Justice at the time of site plan approval to make sure the appropriate buffering would be acceptable to her. An ordinance, entitled “ORDINANCE 18-OZ-38 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 84.34 acres (excluding ROW) along Florence Road to Commercial Fringe (CF) District, Single-Family Attached Type 2 (RS-A2) District, Commercial Highway (CH) District, Single-Family Residential Six (RS-6) District, and Planned Residential Development (PRD) District (Windwoods PRD) which have been proposed to be annexed to the City of Murfreesboro, Tennessee, and to rezone approximately 114 acres along Florence Road from Planned Unit Development (PUD) District to Single-Family Attached Type 2 (RS-A2) District, Single-Family Residential Six (RS-6) District, and Commercial (CF) District; from Single-Family Residential Ten (RS-10) District to Commercial Fringe (CF) District and Single-Family Attached Type 2 (RS-A2) District; and  July 19, 2018 Page 13 from Single-Family Residential Twelve (RS-12) District to Commercial Fringe (CF) District; Roy L. Waldron Family Ltd. Partnership, applicant [2018-417],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-39 adopted by the City Council on June 14, 2018, to consider 1) Annexation Plan of Services and annexation petition for approximately 146.6 acres and 2) zoning for approximately 134 acres along Florence Road to be zoned from Planned Residential Development (PRD) District, simultaneous with annexation and zone approximately 0.1 acre to Single-Family Residential Ten (RS-10) District, simultaneous with annexation; Sourceland, LLC, applicant [2018-501 & 2018-404]. Notice of said public hearing was published in the July 3, 2018 issue of a local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Acting Planning Director, said this annexation was considered under a different study area at the May 3, 2018 public hearing at which time Council deferred action on annexation because of concerns with the substantial amount of right-of- way of Veals Road that was included in the study area and the maintenance that would come with annexing that segment. The study area has since been revised, and the subject property is connected to the City Limits by means of annexing a 9,200-linear foot segment of Bradyville Pike which is a State right-of-way. The advantage of annexing the right-of-way of Bradyville Pike versus the right-of-way of Veals Road is that the State reimburses the City for maintenance of State highways. The Plan of Services has changed only in that the rights-of-way has been revised that is proposed to be annexed. The subject property itself is the 134-acre tract on the north side of Bradyville Pike and the south side of Veals Road. A step system is proposed for the development as sewer is not presently available to the property. All other services will be easy to implement. It was noted that, because of an existing house on the property, the Fire Marshal initially required that an additional fire hydrant be installed before the effective date of annexation; however, Mr. Taylor has indicated that conversations with the Fire Marshal’s Office no longer require the additional fire hydrant. Mr. Blomeley recommended that approval of the Plan of Services be  July 19, 2018 Page 14 conditioned on a revision to the language stating that a fire hydrant be installed if required by the Fire & Rescue Department. He would confirm this prior to second reading if this request is approved on first reading. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Service and Annexation of 146.6 acres along Bradyville Pike come forward to the lectern. There was no one present who wished to speak for or against the proposed request and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 18-R-PS-39 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, subject to staff comments, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-PS-39 here to adopt a Plan of Services for approximately 146.6 acres along Bradyville Pike [2018-501]; Kenneth S. Carter, applicant.) The following RESOLUTION 18-R-A-39 was read to the Council and offered for adoption upon motion made by Mr. Shacklett, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 18-R-A-39 here to annex approximately 146.6 acres along Bradyville Pike, and to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee [2018-501]; Kenneth S. Carter, applicant.) Mr. Blomeley presented a companion zoning request to the annexation just approved. It consists of 134 acres which is requested to be zoned Planned Residential Development (PRD) District, simultaneous with the annexation. There is also a 10’ strip that is proposed to be zoned Single-Family Residential Ten (RS-10) District, simultaneous with annexation. The proposed development, called Carter’s Retreat, has a proposed density of 1.57 dwelling units per acre. It is a proposed single-family residential development, and the 2035 Comprehensive Plan recommends that the property develop as Suburban Residential which is a density of 2 to 3.54 dwelling units per acre with recommended City zoning  July 19, 2018 Page 15 classifications of Single-Family Residential Ten (RS-10) District, Single-Family Residential Twelve (RS-12) District and Single-Family Residential Fifteen (RS-15) District. Even though the lot sizes are smaller at a minimum of 6,500 square feet than the RS-10, RS-12, and RS- 15 zoning district, the 2035 Plan also allows in the Suburban Residential Classification smaller lots clustered around open space. Because of the terrain of the property and because of the fact there will be a step system, there is a generous amount of open space in this proposed development and a robust amenity package. Staff feels that the request is consistent with the Murfreesboro 2035 Plan. Surrounding land uses are all in the unincorporated County and, for the most part, they are all single-family residential in nature. The Planning Commission held a public hearing on March 7, 2018 and voted unanimously to recommend approval of this request. Mr. Rob Molchan, SEC, Inc. gave a presentation on the details of the development. Mr. Taze Lundy and Mr. Laws Bouldin with SourceLand, LLC were also present. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 134 acres along Bradyville Pike as Planned Residential Development (PRD) District (Carter’s Retreat PRD), simultaneous with annexation, and approximately 0.1 acre to be zoned Single-Family Residential Ten (RS-10 District, simultaneous with annexation, come forward to the lectern. There was no one present who wished to speak for or against the proposed zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 18-OZ-39 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 134 acres along Bradyville Pike as Planned Residential Development (PRD) District (Carter’s Retreat PRD) and approximately 0.1 acre to be zoned Single-Family Residential Ten (RS-10) District, simultaneous with annexation; SourceLand, LLC, applicant [2018-404],” was read to the Council and offered for passage on first reading upon motion made by Mr. Wade, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Parks & Recreation Director was presented to the Council:  July 19, 2018 Page 16 (Insert letter dated July 19, 2018 here with regards to PSA for Restroom/Pavilion Building at Siegel Park Fields 16-22.) Mr. Shacklett made a motion to approve a Professional Services Agreement with Griggs and Maloney, Inc. in the amount of $49,850.00 for Phase II Restroom/Pavilion Building at Richard Siegel Soccer Park, Fields 16-22. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. The following letter from the Planning Commission was presented to the Council: (Insert letter dated July 19, 2018 here with regards to scheduling public hearings to consider zoning along North Church St and Olive St (PRD); Annexation Plan of Services & Annexation Petition along Blaze Dr; Zoning along Blaze Dr (RS-A (Type 2), simultaneous with annexation; and Amendment to Sunset Ridge PRD along Warmingfield Drive.) Mayor McFarland stated he would abstain from the vote due to personal interests in one of the recommendations. The following RESOLUTION 18-R-PH-44 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Abstain: Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-44 here to schedule a public hearing for August 23, 2018 to consider a proposed amendment to rezone approximately 0.17 acres along North Church Street and Olive Street from Residential Multi-Family Twelve (RM-12) District to Planned Residential Development (PRD) District (The Flats at Olive Street) [2018-418]; Shane McFarland Construction, LLC, applicant.) The following RESOLUTION 18-R-PH-45 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Abstain: Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-45 here to schedule a public hearing for August 23, 2018 to consider 1) adoption of a Plan of Services for and annexation of 2.29 acres and 2) Zoning of approximately 2.29 acres along Blaze Drive to Single-Family Attached, Type 2 (RS-A2) District [2018-506 & 2018-422]; Hope & Bo O’Brien and Catalyst Design Group, applicants.)  July 19, 2018 Page 17 The following RESOLUTION 18-R-PH-46 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Vice-Mayor Scales Harris. Upon roll call said resolution was adopted by the following vote: Aye: Madelyn Scales Harris Rick LaLance Bill Shacklett Eddie Smotherman Kirt Wade Abstain: Shane McFarland Nay: None (Insert RESOLUTION 18-R-PH-46 here to schedule a public hearing for August 23, 2018 to consider a proposed amendment to approximately 5.02 acres in the Planned Residential Development (PRD) District (Sunset Ridge PRD) located along Warmingfield Drive [2018-419]; O’Brien Loyd, LLC, applicant.) The following letter from the Information Technology Director was presented to the Council: (Insert letter dated July 19, 2018 here with regards to Fiber Design Services.) Mr. LaLance made a motion to approve a Contract for Fiber Design Construction and Splicing Planning Services from FCS in the amount of $190,663.20, funded from FY 2018 Bond Premiums. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented a new Certificate of Compliance for Wine in Retail Food Stores for Thomas Poplawski at Mapco, 2010 NW Broad Street. This is a new location, and the applicant has met the City’s requirements. Mr. LaLance made a motion to approve a Certificate of Compliance for Thomas Poplawski at Mapco, NW Broad Street. Vice-Mayor Scales Harris seconded the motion and all members of the Council voted “Aye”. The City Recorder/Finance Director presented Beer Applications for Metro Diner, 711 A-l North Thompson Lane (new location) and Broad St. Mixed Cuisine (ownership/name change), 219 NW Broad Street. Both applications are pending completion of all required building and codes inspections. A Special Event Beer Application was presented for Main Street Murfreesboro/Rutherford, 225 West College Street, for a fundraiser event to be held at 746 East Main Street on July 28, 2018. This application has met all requirements. Mr. Wade made a motion to approve Beer Permits for Metro Diner and Broad St. Mixed Cuisine upon successful completion of all building and codes requirements and approve a Special Event Beer Permit for Main Street Murfreesboro/Rutherford. Mr. LaLance seconded the motion and all members of the Council voted “Aye”. Mayor McFarland indicated he did not have any board or commission appointments.  July 19, 2018 Page 18 The City Recorder/Finance Director did not have any statements to be approved for payment. There being no other business, Mayor McFarland adjourned this meeting at 9:08 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER