Planning Commission

CITY OF MURFREESBORO PLANNING COMMISSION AGENDA City Hall, 111 W. Vine Street, Council Chambers September 3, 2014 Bob Lamb 7:00 PM Chairman 1. Call to order. 2. Determination of a quorum. 3. Consent Agenda: a. Mandatory Referral [2014-717] for a commercial lease agreement and to allow UPS to construct improvements upon City owned property located along Industrial Drive, UPS & City of Murfreesboro applicant. 4. Public Hearings: a. PRD Amendment [2014-425] for approximately 1.56 acres along Middle Tennessee Blvd. at Vine Street, Mr. Dave McGowan on behalf of Regent Development applicant. b. PRD Amendment [2006-403] for approximately 56.13 acres south of Salem Hwy. and west of Cason Lane, Mr. Rob Haney on behalf of AR Nashville LLC/ Terranova applicant. c. PUD Amendment [2013-446] for approximately 19.53 acres along Fortress Blvd. at Puckett Creek Crossing, Mr. Matt Taylor on behalf of D.R. Horton Inc. applicant. d. Moskovitz Court [2014-715] right of way abandonment request for 0.23 acres of right of way located south of Middle Tennessee Boulevard, Jim Jones & John Manning applicants. 5. Staff Reports and Other Business: 6. Adjourn. MURFREESBORO PLANNING COMMISSION STAFF COMMENTS SEPTEMBER 3, 2014 3.a. Mandatory Referral [2014-717] for a commercial lease agreement and to allow UPS to construct or install improvements upon City owned property located along Industrial Drive, UPS & City of Murfreesboro applicant. Attached is a memo from the Assistant City Attorney regarding a mandatory referral item to consider a commercial lease agreement and the construction of improvements upon City owned property. The City Police Department is now utilizing a City-owned building at 902 Industrial Drive (formerly occupied by fleet Maintenance). A substantial portion of the Lot on which that building sets is under an existing TVA easement and is not being utilized by the City for any purpose. UPS has a freight facility across the street from this Lot. UPS has asked to lease a portion of the land under the TVA easement to construct a parking lot for employee parking. Staff has negotiated lease terms and has approved a Site Plan for construction of the parking lot, at the sole expense of UPS, covering the area shown on the attached overhead photo, subject to the approval of the Planning Commission and City Council. Staff recommends your approval of the City leasing this presently unused City-owned property to UPS. The Planning Commission’s recommendation will be forwarded to the City Council. MURFREESBORO PLANNING COMMISSION STAFF COMMENTS SEPTEMBER 3, 2014 4.a. PRD Amendment [2014-425] for approximately 1.56 acres along Middle Tennessee Blvd. at Vine Street, Mr. Dave McGowan on behalf of Regent Development applicant. The subject property is located along the east side of Middle Tennessee Blvd. south of E. Main Street. It consists of the parcels fronting on Middle Tennessee Blvd. south of the Boulevard Restaurant that were zoned for residential use as townhomes. The property was zoned as PRD in mid-2008 for the development of townhome dwellings. The zoning program was a companion of the PCD zoning for the E. Main Village that includes the Boulevard Restaurant. The applicants desire to make some changes to the approved PRD zoning. The number of units does not propose to change. However, the applicant does propose the units to be three stories instead of 2. The proposed height would be consistent with what is permitted in the RM-16 zoning district. The applicant also proposes to make the footprint of the units slightly smaller but the overall size of the units greater because of the additional story. Included with the agenda materials is a detailed explanation of the proposed amendments prepared by the applicant’s engineers and planners. The Planning Commission will need to conduct a public hearing regarding the proposed amendments after which it will need to formulate a recommendation for the City Council.  RS-10 PARK C MIDDLE RS-15 IR TENNESS OLD MAIN C EE MTSU University IR BLVD CU E MA I N ST PCD FIRST A VE RS-8 RM-16 SECOND E VIN E ST AVE DONNE PRD FOUR LL ST TH AV PRD E Amendment FRISC RICH RS-10 O ST LAND PL RS-15 E STATE ST E AV RS-8 TYN E Ê PRD Amendment for Property Along Middle Tennessee Blvd. GIS Department City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 100 200 400 600 www.murfreesborotn.gov Path: G:\planning\rezon\MiddleTennBlvdPRDAmend.mxd Feet MURFREESBORO PLANNING COMMISSION STAFF COMMENTS SEPTEMBER 3, 2014 4.b. PRD Amendment [2006-403] for approximately 56.13 acres south of Salem Hwy. and west of Cason Lane, Mr. Rob Haney on behalf of AR Nashville LLC/ Terranova applicant. The subject property is located south of Hwy. 99/Salem Hwy. and west of the Three Rivers development. The property is accessed through the Three Rivers Subdivision at the first roundabout. The property was approved as PRD zoning in 2006 for the development of a community geared towards a lifestyle for “active adults”. The building plans that were included with the program were a copyrighted design. The original developers of the property are no longer involved and the new owner of the remaining land desires to make some changes to the approved zoning plan. The changes do not include a change in the number of dwelling units or the basic layout of the development. Rather, the changes will be primarily to the design of the buildings. Part of the changes will include rearranging the location of the front doors to the side rather than the front along the street. There will also be changes to the architecture of the buildings. The Planning Staff spent considerable time evaluating the proposed changes and in many respects considered them to be minor. However, the totality of the proposed changes and the very strong commitments of the original developer to the approved program caused staff to believe that the plan requires amendment. Included with the agenda materials is an email from the Planning Director to the applicant regarding why the PRD amendment is required. Included with the agenda materials are the proposed amendments to the PRD zoning. The applicant will be available at the meeting to discuss the proposed changes with the Planning Commission. The Planning Commission will need to conduct a public hearing regarding the proposed amendments after which it will need to formulate a recommendation for the City Council. RM- 16 CH £ ¤ 99 CF CH PCD DR SO CA OG-R SALEM CREE N LN OG K PUD PR RS-12 ES LE PRD Y BRIDGEWAY ST JA EV DR Amendment NE TR DR LL R O TR TR L L SS R DR AF RA E AT SL RS-15 S ROBINW SA OOD DR GENOA D GLEN DR R IVY RS- PRD CASON LN 12 RS-10 PRD RS-12 RS-10 Ê PRD Amendment for Property West of Cason Lane GIS Department City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 300 600 1,200 1,800 www.murfreesborotn.gov Path: G:\planning\rezon\casonlnPRDAmend.mxd Feet MURFREESBORO PLANNING COMMISSION STAFF COMMENTS SEPTEMBER 3, 2014 4.c. PUD Amendment [2013-446] for approximately 19.53 acres along Fortress Blvd. at Puckett Creek Crossing, Mr. Matt Taylor on behalf of D.R. Horton Inc. applicant. The subject property is located along Puckett Creek Crossing and Manson Crossing Drive west of Fortress Blvd. The property was approved as for a PUD amendment earlier this year that included changing from a 373 unit townhome/condominium development to a development with 70 townhome units, 38 sixty foot wide single family detached lots and 44 fifty-one foot wide single family detached lots. The applicant desires to amend the currently approved plan to replace the approved sixty foot wide lots with fifty-one foot wide lots. This change will increase the number of lots to a total of 84 fifty-one foot lots. There is no change proposed for the number of townhomes. Included with the agenda materials is a package of the proposed amendments to the approved zoning plan. The Planning Commission will need to conduct a public hearing regarding the proposed amendments after which it will need to formulate a recommendation for the City Council.  RS-15 O NS MA RM-16 N K U P CK PI ET E T CR HN R E JO ING D EK CH R RI S PRET C S E O ORIA CR RU N BLVD S BL VD PUCK ETT C MA NS FOR REEK XING ON MAXIMIL LIO TRE S N CIR CONTESSA PUD DR PRD PUD L Amendment PRD SPIKE T R RS-15 MAYA DR Ê PUD Amendment for Property Along Puckett Creek Crossing GIS Department City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 100 200 400 600 800 1,000 1,200 www.murfreesborotn.gov Path: G:\planning\rezon\PuckettCreekXingPUDAmend.mxd Feet MURFREESBORO PLANNING COMMISSION STAFF COMMENTS SEPTEMBER 3, 2014 4.d. Moskovitz Court [2014-715] right of way abandonment request for 0.23 acres of right of way located south of Middle Tennessee Boulevard, Jim Jones & John Manning applicants. The request is to abandon the existing Moskovitz Court right of way. Moskovitz Court is located south of Middle Tennessee Boulevard. Moskovitz Court is 50- feet wide and approximately 181 linear feet. The total study area is approximately 0.23, 10,133 square feet. This right of way was dedicated to the City of Murfreesboro with the Samsonite Boulevard Office Park Lot 11 in 1999. The developer planned to develop a commercial/industrial subdivision along this right of way. Lot 11 has a multi- tenant industrial building. The City of Murfreesboro acquired a 5.14 acre parcel along Moskovitz Court which changed the development potential in this area. Orgain Ready mix submitted a site plan last month to develop the remaining property. Staff suggested Orgain make an application to abandon the right of way or, if that wasn’t an option, then extend the right of way so that it terminates into a proper cul-de-sac. Attached is a report prepared by planning staff from the correspondance with various departments. Staff recommends maintaining an easement for the existing utilities which are currently located within the right of way. If the Planning Commission decided to approve this request, staff will recommend as a condition of approval that the applicant provides a legal description for the area, a re- subdivision plat, and field locate the utilities to property locate the easement. The Planning Commission will need to conduct a public hearing to consider abandoning Moskovitz Court right of way.  . . . creating a better quality of life. Memorandum To: Joseph Aydelott, Planning Director From: Joe Ornelas Date: August 25, 2014 Re: Right of way abandonment- Moskovitz Court Please find attached with this memorandum a copy of the responses received regarding the captioned right of way abandonment. In summary: BellSouth Officials from BellSouth indicated that the company has guy wires located in the 20’ foot public utility easement at the entrance to Moskovitz Court from Middle Tennessee Boulevard. As this is already located in the existing public utility easement, Jamal Abed has indicated that no new easements will be needed. Murfreesboro Electric Department (MED) An e-mail received from Mr. Chris Barns has indicated that MED only has facilities located at the intersection of Moskovitz Court and Middle Tennessee Boulevard. There will need to be an electrical easement for the future underground electric lines. Murfreesboro Water and Sewer Department MWSD has an existing 8-inch water line along Moskovitz Court. The department does not mind abandoning the ROW but requests that a twenty (20) foot minimum water line easement be reserved around the existing water main as well as the water service that extends to the edge of the current ROW serving the business located at 464 Middle Tennessee Boulevard (John Deere). Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov  Page |2 Consolidated Utility District CUD does not have waterlines in this location. This is outside of CUD’s service territory. Engineering Department The Engineering Department and Street Division does not have an objection to the request to abandon the ROW. The following comments were provided: 1. The abandonment should reserve utility easements for existing public utilities included in the ROW. 2. The abandonment should also reserve access easements to both the City parcel to the west and the Samsonite Business Park parcel to the east. 3. The applicant should provide legal descriptions and exhibits for the easements to be reserved and ROW to be abandoned for preparation of the documents necessary to accomplishment the abandonment. 4. The applicant should prepare a resubdivision plat necessary to combine the abandoned ROW with the base parcel to be used for Orgain Ready Mix plant. Atmos Energy Mr. Jerry Burke states that there are no gas lines along Moskovitz Court. Traffic Department Mr. Dana Richardson does not have any concerns with closing this portion right of way Police Department The right of way abandonment will not affect the Murfreesboro Police Department. Fire Department The right of way abandonment will not affect the Murfreesboro Fire Department. Solid Waste Department The Solid Waste Department will not be affected by the closure of this right of way. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov From: Carl Peas To: Joe Ornelas Subject: RE: ROW Abandonment for Moskovitz Court Date: Wednesday, August 20, 2014 12:49:57 PM Joe, The ROW abandonment at Moskovitz Court will not effect MFRD. From: Joe Ornelas Sent: Monday, August 18, 2014 3:52 PM Subject: ROW Abandonment for Moskovitz Court Good afternoon, The City is considering abandoning the ROW at Moskovitz Court. I have attached the memo for your reference. Please let me know if your department has any comments by tomorrow, August 19, 2014. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441  Police Department W. GLENN CHRISMAN Chief of Police (615) 849-2673 gchrisman@murfreesborotn.gov MEMORANDUM TO: Joe Ornelas, Staff Planner FROM: Chief Glenn Chrisman DATE: August 11, 2014 SUBJECT: Right-of-Way Abandonment of Moskovitz Court The right-of-way abandonment of Moskovitz Court will not affect this Department at the present time. Please keep me informed as this change becomes effective. If you have any questions, please contact my office. This property is located in Police Zone # 7. WGC:sw Cc: Deputy Chief Mike Bowen Assistant Chief Roy Fields Gerald Lee - GIS Police Department 302 South Church Street  Murfreesboro, Tennessee 37130-3732  Fax 615-217-3012 www.murfreesborotn.gov From: Lee Upton To: Joe Ornelas Cc: Bonnie Stem Subject: RE: ROW Abandonment Study for Moskovitz Court Date: Tuesday, August 12, 2014 2:55:29 PM Hello Joe I went by and inspected Moskovitz Court ROW abandonment. There is nothing that would effect the Building and Codes department at this time. Property maintenance of the area would have to be maintained in the future. If you have any questions let me know. Thanks Lee Upton, Codes Inspector City of Murfreesboro Building and Codes 111 West Vine Street, 2nd Floor Murfreesboro, TN 37133-1139 (615) 893-3750 From: Bonnie Stem Sent: Friday, August 08, 2014 9:41 AM To: Lee Upton Subject: FW: ROW Abandonment Study for Moskovitz Court Please check this out. Thanks Bonnie From: Gary Whitaker Sent: Friday, August 08, 2014 8:35 AM To: Bonnie Stem Subject: Fwd: ROW Abandonment Study for Moskovitz Court Sent from my iPhone Begin forwarded message: From: "Joe Ornelas" <jornelas@murfreesborotn.gov> To: "Brandon Horne" <bhorne@medtn.com>, "Bruce Harvey" <bharvey@medtn.com>, "Bryant Bradley" <bbradley@cudrc.com>, "Carolyn Jaco" <cjaco@murfreesborotn.gov>, "Chris Barns" <cbarns@medtn.com>, "Chris Griffith" <cgriffith@murfreesborotn.gov>, "Cumbey Gaines"  . . . creating a better quality of life MEMORANDUM DATE: August 15, 2014 TO: Joe Ornelas FROM: Valerie H. Smith, PE RE: Right-of-Way Abandonment Moskovitz Court Pursuant to your request of August 8, 2014, we submit the following information on the location of existing water and sanitary sewer in the vicinity of the subject abandonment: WATER LINES There is an existing eight (8) inch water line along Moskovitz Court. The Department doesn’t mind to abandon the right of way, but a twenty (20) foot minimum water line easement must be reserved around the existing water main as well as the water service, extending to the edge of the current right of way, serving the business located at 464 Middle Tennessee Boulevard (John Deere). SEWER LINES Our Department does not have any existing sewer mains within this portion of the right-of-way to be abandoned and do not request easement to be reserved at this time. pc: Darren Gore Greg Harvey Keith Carpenter C:\Users\jornelas\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B81AR9I9\Moskovitz Court - ROW Abandonment Request.doc Water and Sewer Department 300 NW Broad Street * P.O. Box 1477 * Murfreesboro, TN 37133-1477 * Office: 615 890 0862 * Fax: 615 896 4259 TTY 615 848 3214 * www.murfreesborotn.gov  10' PUBLIC UTILITY ! 5 ) K 4³ 1 $ 441 041B0070 273 1 $ K ! ( 4³ MIDDLE TENNESSEE BLVD 4³ & . R ! CT MOSKOVIT & . R ! ± Z ± 20' PUBLIC UTILITY 2457 ; ." &î Ð "" 5 K 033F001B ! ( 1 $ 20' SEWER 230 30' SEWER µ 1"= 50' MURFREESBORO WATER AND SEWER DEPARTMENT Moskovitz Court - Existing Water & Sewer Mains From: Sam Huddleston To: Joe Ornelas Cc: Chris Griffith; Raymond Hillis; Margaret Ann Ely; Joseph Aydelott Subject: Moskovitz Court ROW abandonment Date: Monday, August 18, 2014 10:11:44 AM Attachments: image002.png Joe, I have reviewed the request to abandon the ROW of Moskovitz Court and offer the following: 1. The Engineering Department and Street Division does not have an objection to the request to abandon the ROW. 2. The abandonment should reserve utility easements for existing public utilities included in the ROW. 3. The abandonment should also reserve access easements to both the City parcel to the west and the Samsonite Business Park parcel to the east. 4. The applicant should provide legal descriptions and exhibits for the easements to be reserved and ROW to be abandoned for preparation of the documents necessary to accomplishment the abandonment. 5. The applicant should prepare a resubdivision plat necessary to combine the abandoned ROW with the base parcel to be used for Orgain Ready Mix plant. Let me know if you have questions. Sam A. Huddleston, PE Environmental Engineer City of Murfreesboro Engineering Department From: Dana Richardson To: Joe Ornelas Subject: RE: ROW Abandonment Study for Moskovitz Court Date: Friday, August 08, 2014 10:01:37 AM No negative issue identified. I’m OK with abandonment (subject of course to the appropriate access and utility easements being created). From: Joe Ornelas Sent: Thursday, August 07, 2014 4:48 PM To: Brandon Horne; Bruce Harvey; Bryant Bradley; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); Joey Smith; Joseph Aydelott; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Kendra Reasoner; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: ROW Abandonment Study for Moskovitz Court Good afternoon, The City of Murfreesboro is considering abandoning a portion of Moskovitz Court ROW. I have attached the memo and maps of the location for your reference. Please study the area and respond with your department’s comments no later than August 15, 2014. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441