Planning Commission

CITY OF MURFREESBORO PLANNING COMMISSION AGENDA City Hall, 111 W. Vine Street, Council Chambers March 4, 2015 Bob Lamb 7:00 PM Chairman 1. Call to order. 2. Determination of a quorum. 3. Approve minutes of the February 18, 2015 Planning Commission meeting 4. Public Hearings: a. Rezoning application [2015-403] for approximately 15 acres located west of Memorial Boulevard to be rezoned from RS-15 to CH, James B. Haynes Family Real Estate Partnership applicant. b. Rezoning application [2015-404] for approximately 3.20 acres to be rezoned from RS-10 to RS-12, 0.28 acres to be rezoned from RS-10 to RS-15, 6.75 acres to be rezoned from RS-12 to RS-10, 3.04 acres to be rezoned from RS-12 to RS-115, and 1.06 acres to be rezoned from RS-15 to RS-12 located in the Salem Creek Subdivision south of New Salem Highway, Salem Creek Partnership applicant. c. Agripark Drive [2015-702] right of way abandonment request for 0.05 acres of right-of-way located south of John R Rice Boulevard, TDK Construction applicant. d. Proposed Amendment [2015-802] to Zoning Ordinance regarding minimum space required between buildings and parking and/or access drives in the Gateway Design Overlay District, required base of building landscaping, and other related sections, Planning Staff applicant. 5. Staff Reports and Other Business: 6. Adjourn.  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 1:00 PM City Hall Members Present Staff Present Doug Young, Vice Chairman Matthew Blomeley, Principal Planner Kirt Wade Joe Ornelas, Planner Ken Halliburton Carolyn Jaco, Recording Assistant Eddie Smotherman David Ives, Assistant City Attorney Kathy Jones Ram Balachandran, Traffic Engineer Sam Huddleston, Environmental Eng. Katie Kline, Project Engineer Cey Chase, Interim Engineer Amelia Kerr, Sign Administrator Carl Peas, Assistant Fire Marshall Greg Harvey, Project Coordinator Vice Chairman Doug Young called the meeting to order after determining there was a quorum. The minutes of the February 4, 2015, Planning Commission meeting were approved as submitted. Consent Agenda Muhamed Faour Subdivision [2015-1003] preliminary plat for 2 lots on 2.28 acres zoned RS-15 located along Warrior Drive, Dr. Muhamed Faour developer. Muirwood, Section 4 [2015-1004] preliminary plat for 20 lots on 5.5 acres served as an outside the City sewer customer and located along Oak Drive, TN Contractors, Inc. developer. Puckett Station, Section 9 [2015-1005] preliminary plat for 62 lots on 14.65 acres zoned PRD located along Tiberius Way, Puckett Station Partnership. Hillwood, Section 4 [2015-1006] preliminary plat for 15 lots on 4.22 acres zoned PRD located along Almar Knot Drive, Murfreesboro Land Co., LLC developer. 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Puckett Station, Section 6 [2015-2006] final plat for 24 lots on 6.42 acres zoned PRD located along Tiberius Way, Puckett Station Partnership developer. Three Rivers, Section 4 [2015-2007] final plat for 36 lots on 10.61 acres zoned PRD located along Goose Creek Lane, Star Land Co., LLC developer. Three Rivers, Section 5 [2015-2008] final plat for 36 lots on 10.88 acres zoned PRD located along Goose Creek Lane, Star Land Co., LLC developer. Ascend Federal Credit Union [2015-2011] final plat for 1 lot on 2.04 acres zoned CL located along East Main Street and Dill Lane, Ascend Federal Credit Union developer. Muhamed Faour Subdivision [2015-2012] final plat for 2 lots on 2.28 acres zoned PRD located along Warrior Drive, Dr. Muhamed Faour developer. Florence Point Commercial [2015-2009] final plat for 4 lots on 4.14 acres zoned PUD located along Florence Road, Rajesh Aggarwal developer. The Villas at Evergreen Farms, Phase 4 [2015-3020] site plan for 28 dwelling units on 3.68 acres zoned PRD located west of Saint Andrews Drive, Ole South Properties, Inc. developer. Southgate, Lot 5, Phase 3 [2015-3022] site plan review for 4,200 square-foot building addition on 3.14 acres zoned L-I located at 424 Golden Bear Court, Mr. Kenneth Ricks, Jr. developer. Mandatory Referral [2015-703] to vacate a drainage easement on Lot 74 of the Wynthrope Hall Subdivision at 2710 Battleground Drive, Wynthrope Hall Development, LLC applicant. Mandatory Referral [2015-704] to vacate a drainage easement on Lot 77 of the Wynthrope Hall Subdivision at 2722 Battleground Drive, Wynthrope Hall Development, LLC applicant. Ms. Kathy Jones made a motion to approve the consent agenda, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Gateway Design Overlay McDonalds [2014-3150 & 2014-6017] final design review and site plan review for 4,789 ft2 building on 1.5 acres zoned MU & GDO-1 located along Medical Center Parkway & Greshampark Drive, McDonald’s Corp. developer. Mr. Matthew Blomeley began by describing the final design review for a new 4,789 square foot fast food restaurant with a drive- thru located north of Medical Center Parkway and east of Greshampark Drive. The proposed use is permitted by right within the MU and GDO-1 districts. The proposed building is a one-story structure (approx. 22’). The Planning Commission approved initial design review for this development at its December 17, 2014 meeting. At its January 28, 2015 meeting, the Board of Zoning Appeals approved a variance to the minimum separation requirement for the side of the building with the drive-thru. Mr. Blomeley made known that the building architecture has not changed. However, prior to permits the applicant will need to submit revisions to their site plan regarding their landscape plans to address Gateway Comment # 12. A 5 foot minimum width landscape strip shall be provided along the front and sides adacent to the base of the buildings or separated from buildings by a sidewalk. Such strip shall be planted with shrubs, trees, or other landscape material. Mr. Blomeley made known there were private access drives along the north and east side of the building. Staff has requested that sidewalks be constructed along the private access drives by either the subdivision developer or by McDonalds prior to issuing the applicant their certificate of occupancy. This would assist in promoting pedestrian connectivity within the Gateway. Mr. Ken Crowder was present to represent the applicant. Mr. Crowder thanked city staff and stated how McDonald’s wanted to be a good neighbor and asked for this site plan to be approved. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. La-Z-Boy [2015-3010 & 2015-6002] final design review and site plan review for 12,855 ft2 building on 1.26 acres zoned CH & GDO-1 located along Medical Center Parkway, Mr. John Nickerson developer. Mr. Matthew Blomeley began by describing the final design review and site plan review for a new 12,855 square foot furniture store located south of Medical Center Parkway and west of Greshampark Drive. The proposed use is permitted by right within the CH and GDO-1 districts. The proposed building is a one-story structure (approx. 32’ in height). The Planning Commission approved initial design review for this project at its January 21, 2015 regular meeting. Mr. Blomeley made known the applicant is coming back to request approval in modifying their architecture on this plan. They are requesting to change the front elevation tower feature regarding the stone base legs. The applicant is requesting to only change the materials of the stone base legs that are approximately 4 to 4.5 feet in height to EFUS material. Mr. Matt Taylor was present to represent the applicant. He commented on the reason for this change as being the following:  Due to the legs being further out from the proposed building the applicant has concerns with this area being prone to water damage.  Ease of construction on the ledge.  The change to EIFS material would still be exceed the masonry building material that is over 50 percent. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 The Planning Commissioners discussed the applicant’s request and all agreed how they prefer the original plan being all stone which had been approved at the initial design review instead of replacing the legs with EIFS. Mr. Eddie Smotherman made a motion to approve subject to  Keeping the original plan and materials that had been approved during the initial design review  Subject to all staff comments The motion was seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. UTB – Fortress Boulevard [2015-3021 & 2015-6005] initial design review, final design review, and site plan review for drainage improvements on 31.51 acres zoned CH & GDO- 1 located along Fortress Boulevard and Manson Pike, Puckett Creek Station developer. Mr. Matthew Blomeley began by describing the initial design review, final design review, and site plan review for the off-site drainage and detention improvements that are being constructed in conjunction with the development of the Wal-Mart Neighborhood Market. Because there are no buildings proposed and consequently no architectural review, initial and final design review are being combined. These improvements would be constructed by Wal-Mart and the subdivision developer. Also, two drainage ponds would be constructed. One detention pond is being proposed to be constructed along Manson Pike and the second detention pond is proposed to be constructed along future expansion of Manson Crossing Drive. The applicant will be buffering both detention ponds. Mr. Manley Thweat was present to represent the applicant. Mr. Kirt Wade made a motion to approve subject to all staff comments, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 The Fountains at Gateway [2015-3002 & 2015-6004] master plan review and Phase 1 initial design review for multiple buildings totaling 122,800 ft2 on 12.32 acres zoned MU & GDO- 3 located along Medical Center Parkway, Hearthstone Group, LLC developer. Mr. Matthew Blomeley began by describing the master plan review and initial design review for Phase 1 of a new multi-building office and retail development. The proposed uses are permitted by right within the MU and GDO-3 districts. Mr. Blomeley explained how this site plan would be developed in multiple phases. He stated how there are two parts that needed to be discussed and voted on regarding this submittal. The applicant has submitted a master plan for the entire development for phase one, phase two and phase three. Also, the applicant has provided a site plan for phase one. Therefore, this plan requires to be discussed requiring two motions for master plan review and phase one initial design review. Mr. Blomeley described the master plan as being the following:  This is a mixed use development for office, retail and restaurant use.  There will be three phases.  Phase one and phase two will be very similar with two smaller retail/restaurant buildings in the front along Medical Center Parkway.  There will be two four story office buildings that will include retail and restaurant on the bottom floor.  Phase three will consist of a seven story office building at the rear of this site.  There will be a center boulevard going through this site between phase one and phase two leading back to the seven story office building.  The main entry into this site will be a formal office space in the form of a plaza, a fountain and a stage area. The stage area will be used for the public and community events. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015  There are two proposed entrances into this site. One entrance would be at the center of the site and the other entrance would be located at the southeastern corner of the property. Mr. Blomeley presented the second item for discussion as phase one, office building one, being the following:  The architecture materials for this building would be predominately stone and brick with glass windows. The amount of glass that is being proposed is the same as the amount of stone/brick material being 46-47 percent. The applicant has stated how this would be in keeping with the traditional class-a office building. The Planning Commissioners discussed the amount of glass being presented and agreed that it was consistent with other office buildings within the Gateway. Mr. Michael Hindman, Mr. Clyde Rountree, Mr. Jeremy Richardson and Mr. Tyler Fair were all present to represent the applicant. Mr. Hindman came forward presenting the project as being the following:  This master plan is over 31 acres.  Three office buildings, four retail/restaurant buildings. A total of seven buildings.  Phase one is 12 acres, 100,000 square foot office building. This building will be four stories, approximately 25,000 square foot per floor.  For phase one office building the applicant proposes the first floor being retail. This would be a glass front area.  The propose building is geared towards large corporate users. The building has multiple design elements with several different window types on all four sides of the building.  The building materials include two different colors of brick and natural color limestone.  The proposed L shape retail/restaurant building being 11,000 square feet with the same materials as the office building. 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015  Seventy five percent of this site is formal open space. The applicant would like to use this space for community and night time events.  The applicant will be requesting approval for one variance regarding foundation plantings against the building. A letter has been submitted for this request to the Board of Zoning Appeals. Mr. Blomeley began explaining how there would be offsite improvements with this development. The applicant will be required to provide a traffic study for review and approval by our city traffic department before or simultaneous with final design review. This will provide information needed regarding what type of improvements that would be needed for Medical Center Parkway. This could be for turn lane improvements, median modifications along Medical Center Parkway, etc. Continuing, Mr. Blomeley made known the applicant would need to meet the requirement for sub parking lots. Some areas on this site exceed the 200 parking spaces which requires modifications. The parking lot will need to be in compliance in the Gateway District Overlay. Last, the Urban Environment Department will have to review and approve the landscaping plans before final approval. Ms. Kathy Jones wanted to know how, with phase one, would all three buildings be built and when would the boulevard be constructed between phase one and phase two? Mr. Hindman answered the intention is to start with the office building and small L shape retail/restaurant building roughly at the same time. The third retail building that is labeled 1B is a pad that may be another retail building or free standing restaurant. Mr. Blomeley made known the third building would have to come back before the Planning Commission for initial and final design review. Mr. Hindman explained the entire boulevard would be constructed with phase one and the driveway between building two and building three with related parking is included with phase one. Also, both of the two access drives onto Medical Center Parkway would be constructed with phase one. There will be a third access drive along Carl Adams Drive. Mr. Jeremy Richardson came forward 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 explaining how the two detention areas would be constructed with phase one. This includes a large water feature that will become a focal point for this area. Mr. Blomeley made known where there would be a service corridor for this plan that includes the dumpsters for the entire development. This area will be properly screened. The users in the office buildings and the small retail/restaurant buildings would all utilize the service corridor. Mr. Eddie Smotherman commented how he loves this proposal which includes the presentation, the front of the development, the appearance of the buildings and he does like the glass. He agrees and understands the variance request for the retail area so that merchandise can be seen. The excitement with the food courts and an outdoor area he likes and feels this is exactly the direction for the Gateway. Mr. Ken Halliburton agreed and commented how this is unlike anything we have in Murfreesboro and it is definitely needed. 1. Mr. Kirt Wade made a motion to approve the master plan subject to staff comments, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. 2. Ms. Kathy Jones made a motion to approve Phase 1, the initial design review subject to staff comments, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. M-TEK, Inc. Corporate Office Building [2015-3018 & 2015-6001] initial design review for 67,600 ft2 building on 10 acres zoned MU & GDO-3 located along Garrison Drive, M-TEK, Inc. developer. Mr. Matthew Blomeley began by describing the initial design review for a new 67,600 square foot corporate office building located along the west side of Garrison Drive. The proposed use is permitted by right within the MU and GDO-3 districts. This site has the potential for a second phase in the future. 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Mr. Blomeley made known this had been city owned property and is being transferred to M-TEK Company. The project has gone before the Design Review Committee which they had approved the architecture of the building during their initial design review. Mr. Blomeley provided the following information with this site plan:  The primary material for this building is pre-cast concrete approximately 55 to 60 percent. This material is permitted by the Zoning Ordinance within the Gateway Design Overlay District.  Glass material will be used for the store front and curtain wall. The glass total will be approximately 38 percent.  There is not a material board provided with this plan.  No variances are needed with this plan. Mr. Ray Crosslin and Mr. Troy Bucy were present to represent the applicant. Mr. Blomeley presented the elevations of the building that displays how the building would be viewed from Thompson Lane and Garrison Drive. He made known there would be an open courtyard for employees to use. The plan is showing a large area that would be the pad for a future expansion as phase 2. Vice Chairman Young commented how this looks like a campus and that he likes this look. Mr. Ray Crosslin commented how this building would be owner occupied. It would have a dense population inside the building than normal. There will be more parking than what is required in the Gateway Design Overlay. Mr. Blomeley made known that staff has made the applicant aware how our sign ordinance allows only three flag signs on a property which the applicant has agreed to reduce the number of flag signs down to three. Mr. Eddie Smotherman commented how this is a beautiful building, this is great for our city and great for our community. 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Mr. Eddie Smotherman made a motion to approve subject to staff comments, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. The Beauty Lounge [2015-3019 & 2015-6003] initial design review for 2,800 ft2 building on 0.79 acres zoned H-I & GDO-4 located along Medical Center Parkway, Mr. Mark Pirtle developer. Mr. Matthew Blomeley began by describing the initial design review for a new 2,800 square foot hair salon along the south side of Medical Center Parkway adjacent to the Dollar General that is currently under construction. The proposed use is permitted by right within the H- I and GDO-4 districts. The proposed building is a one-story structure (approx. 19’). Mr. Blomeley made known this property is currently on one lot of record with the new Dollar General Store. This applicant would like to move forward subdividing the one lot into one lot of record. The Dollar General Store will be on one lot of record and The Beauty Lounge would be on one lot of record. There would be variances associated with this request. The applicant is proposing red brick and gray stone material. The front door would be at the corner facing Medical Center Parkway and the interior of the parking lot. The four corners of the building would be broken up with an architecture tower feature creating variations with the roofline. There would be a total of nine employees at a time per shift which meets all parking requirements. Mr. Blomeley made known the proposed variances due to the new property lines being created due to the separate lot of record. A letter has been submitted by Mr. Rob Molchan, describing the need for the two variances. Mr. Matt Taylor was present to represent the applicant. He described the building being primary brick, stone and glass with an EIFS cap. This site would be utilizing the access drives that had been approved with the Dollar General Store. Having shared access drives is the reason for the variances amongst two parties. Ms. Jones commented this would be a good building and a good view from the street. 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Mr. Kirt Wade made a motion to approve subject to all staff comments, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. Plats and Plans Villages at McKnight Park, Lot 1 [2015-3013] site plan for 5,600 square-foot building on 0.9 acres zoned CH located along the east side of Memorial Boulevard, Mr. Bobby Kirby developer. Mr. Joe Ornelas began by describing the site plan review for a new multi-tenant commercial development directly to the north of the new Wal-Mart Super Center. The property is zoned CH and the proposed use is permitted. The city owns property towards the north of this property and will be granting an access easement to Memorial Blvd. Also, there will be a shared private drive at the rear of the property that will be constructed by the developer. The proposed building will be one story divided into three suites for two retail space and a restaurant. The building material will be a variation of brick, CMU and EIFS. The proposed restaurant will be an Arby’s which they would be using their colors on the building. Due to parking restraints, staff has made the applicant aware that the retail suites would be limited use because of the parking spaces required for a restaurant. Mr. Matt Taylor was present to represent the applicant. Mr. Taylor made known that City Council and Planning Commission both had approved a Mandatory Referral for the assessment easement for the proposed drive. Mr. David Ives explained how this is city owned property which has federal grant restrictions that will have to be removed from the McKnight Park property. This process will have to be completed by either the State of Tennessee or by the Federal Government before any construction can begin. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. 12  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Interstate Warehousing, Phase 3 [2015-3015] site plan review for 95,375 square-foot building addition and parking lot modifications on 34.8 acres zoned L-I located at 2125 Joe B Jackson Parkway, Tippman Realty Partners developer. Mr. Joe Ornelas began by describing the site plan review for a 95,375 square foot addition to an existing industrial facility located at 2125 Joe B Jackson Parkway. The site plan also includes access and parking modifications. The property is zoned L-I and the proposed use is permitted. There had been concerns with the entrance into this property and the applicant has agreed to work with the City Transportation Department and Fire Department to improve their plans for staff’s review and approval prior to permits. Mr. Gary Komrska was present to represent the applicant. Mr. Komrska explained how this plan is for the expansion of Phase 3. The master plan had been presented with Phase 1 back in 2005 and Phase 2 was presented in 2010. Phase 3 expansion is to provide freezer warehouse storage for food distributors in the area. He made known how they were adding on the west side of the property additional access for the trucks entering and queuing on this property. He made known they were in agreement with staff comments. Mr. Blomeley stated that the applicant would be required to provide a Type E buffer along the east and northern property lines. There is residential property known as De-Sol-Commons subdivision to the east of this property. The landscaping plans would have to be reviewed and approved by the Urban Environmental Department. Mr. Gary Komrska made known they would be placing the required landscaping for Phase 3 and for future Phase 4 addition with this plan. Mr. Ken Halliburton made a motion to approve subject to all staff comments and for Urban Environmental Department to review and approve the applicant’s landscape plans, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. 13  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 City Auto [2015-3016] site plan for parking lot construction on 7.14 acres zoned CH located along the south side of Bridge Avenue, Mr. Matt Millican and Mr. Freddie Duggin developers. Mr. Joe Ornelas began by describing the site plan review for the construction of a new parking lot for 148 parking spaces on the property directly to the east of the City Auto dealership on Bridge Avenue. Although this sales lot would be on a separate lot of record, it would be used in conjunction with the existing dealership. The property is in the process of being zoned CH and the proposed use is permitted in the CH zone. This addition will also provide an area for semi trucks to unload vehicles on this site. Mr. Orneals made known that staff requests the applicant provide the following for this site:  Address the landscaping plans.  A photometric plan would need to be submitted prior to permits being issued. Mr. Chris Gregory was present to represent the applicant. Mr. Kirt Wade made a motion to approve subject to all staff comments, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. New Business Rezoning application [2015-403] for approximately 15 acres located west of Memorial Boulevard to be rezoned from RS-15 to CH, James B. Haynes Family Real Estate Partnership applicant. Mr. Matthew Blomeley began by describing the subject property located along the west side of Memorial Boulevard just south of Irongate Boulevard. It is currently undeveloped. Its frontage along Memorial Boulevard is zoned CH, but the balance of the tract, including the requested area, is zoned RS-15. The applicant has requested that a 15-acre area of the subject tract be rezoned to CH to allow for the development of a grocery store. 14  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 To the south of the subject property, along Memorial Boulevard, is the Adams Place assisted living facility, which is zoned PUD. To the southwest of the subject property is the Haynes Haven single-family subdivision, which is zoned RS-15. If approved, landscape buffering will be required adjacent to the bordering properties at Adams Place and Haynes Haven. Directly to the west and north of the requested area is the remainder of the subject tract, which is zoned RS-15. Further to the west, approximately 800-900’ away, is the Ravenwood Subdivision, which is also zoned RS-15. To the northeast of the subject property is the post office and the Bojangles restaurant, which are both zoned CH. To the east of the subject property, across Memorial Boulevard, are a number of residential structures which were recently zoned CH in anticipation of redevelopment. Finally, also across Memorial Boulevard is the new Wal-Mart Supercenter, zoned CH, which opened in October 2014. The applicant has scheduled a neighborhood meeting for Monday, February 23rd at 7:00 PM at Northfield Elementary School. Members of the Planning, Engineering, and Transportation Staff will be in attendance to answer questions and to listen to the discussion. Mr. Bricke Murfree was present to represent the applicant. He made known how this property is currently under contract to sale the property to Franklin Land Associates. This is a very strong Nashville base company that develops high end centers all around the country. In this area they have developed the Irongate Shopping Center with Kroger’s on Memorial, Gateway Center with Academy Sports in Smyrna. For this location the user being proposed as grocery use, could be like a Harris Teeters or Peachtree Village for a Target in Brentwood. At this time they cannot disclose the name of the user but it will be an organic grocery store. For the neighborhood meeting they have mailed letters to the joining neighbors and his staff is willing to answer any questions before the neighborhood meeting. Mr. Ken Halliburton made a motion to schedule a public hearing on March 4, 2015, seconded by Ms. Kathy Jones. The motion carried by unanimous vote in favor. 15  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Rezoning application [2015-404] for approximately 3.20 acres to be rezoned from RS-10 to RS-12, 0.28 acres to be rezoned from RS-10 to RS-15, 6.75 acres to be rezoned from RS-12 to RS-10, 3.04 acres to be rezoned from RS- 12 to RS-115, and 1.06 acres to be rezoned from RS-15 to RS-12 located in the Salem Creek Subdivision south of New Salem Highway, Salem Creek Partnership applicant. Mr. Matthew Blomeley began by describing the subject property consists of the Salem Creek Subdivision, which is located south of New Salem Highway and along Salem Creek Drive. The subject development tract was annexed into the City in 2003. Simultaneously with its annexation, a zoning plan was approved for the property. It consisted of areas of RS-15, RS-12, and RS-10 zoning. The developer is in the process of platting a new section. It was determined that the zoning boundary line that was approved in 2003 did not follow the lot lines, both for this proposed section and for some of the existing lots in sections that have already been recorded. This situation was causing problems in determining how to enforce setback requirements, because different zoning districts have different minimum setback requirements. In an attempt to remedy this situation, the developer has filed this application in an attempt to “clean up” the zoning boundary lines for the subdivision so that they follow the existing and proposed lot lines. In addition, he has reviewed the master plan for the development of the remainder of the subdivision and compared it with the existing zoning boundary lines. Modifications are also being requested for the balance of the development tract so that the zoning boundary lines are consistent with the anticipated lot lines in future sections. It should be noted that none of the property is proposed to be rezoned to anything other than the three zoning classifications that currently exist in the subdivision right now, RS-15, RS-12, and RS-10. Mr. Blomeley stated this is a good example as a housekeeping matter. 16  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Vice Chairman Young requested that a map be provided that would show the area before the rezoning request and the area requesting to be rezoned. Mr. Blomeley commented that staff would provide exhibits with this request before the public hearing. Mr. Eddie Smotherman made a motion to schedule a public hearing on March 4, 2015, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. Agripark Drive [2015-702] right of way abandonment request for 0.05 acres of right-of-way located south of John R Rice Boulevard, TDK Construction applicant. Mr. Matthew Blomeley began by describing the subject property located along the west side of Agripark Drive just south of John R Rice Boulevard. Agripark Drive was designed and constructed with the future construction of intersecting streets in mind. The subject right-of-way was dedicated in anticipation of a new intersecting street being constructed as a part of subdivision development on the adjacent tract to the west. Instead of being developed with subdivided lots and a new public street, this tract has been approved for the development of an apartment complex. Because no new public street will be constructed to serve the proposed apartment development, the right-of-way that was dedicated in anticipation of a new public street is no longer needed and is deemed excess. The apartment developer has requested that the City abandon this excess right-of-way. His engineer has submitted an exhibit showing the exact dimensions of what has been requested to be abandoned. Ms. Kathy Jones made a motion to schedule a public hearing on March 4, 2015, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. 17  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 Staff Reports and Other Business Consider clarification of the City’s policy regarding approval of development plans for projects in the Gateway Design Overlay District. Mr. David Ives presented to the Planning Commission a supplement to an adopted Resolution which would constitute approval of development plans for the purpose of establishing vested property rights for development standards. Staff has concluded that the design standards in the Gateway Overlay area should be treated in the same manner as platting, site planning and other zoning standards. This proposal is to supplement the previously adopted Resolution by adding provisions to make clear that the initial design review process does not establish any vested rights, but that approval on final design review by the Planning Commission does establish vested rights on the date that the minutes which document that the Planning Commission adopted a motion to approve on final design review are approved. Mr. Ives stated this matter is time sensitive and has already been presented and adopted by City Council on February 12, 2015. It is now being brought to the Planning Commission for ratification. Ms. Kathy Jones made a motion to approve subject to staff comments, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. Consider amendments to the 2015 Planning Commission calendar. Mr. Matthew Blomeley began by making known due to the increase volume of plans being submitted to the Planning Department for review, the Planning Staff is requesting that the calendar be amended to move up the submittal deadline two business days. This would allow City Staff additional time to process, review, and generate Staff comments for each of the plans that are submitted. If approved, the 18  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 submittal deadline for the March meeting would not be affected. The revised submittal deadline is proposed to begin in late March for the April meeting. Mr. Doug Young commented that this allows staff every opportunity to be successful. Ms. Kathy Jones made a motion to approve the recommended changes to the 2015 Planning Commission calendar, seconded by Mr. Kirt Wade. The motion carried by unanimous vote in favor. Proposed Zoning Ordinance amendments regarding separation of and landscaping between a building and drive-up drive-thru lanes. Mr. Matthew Blomeley provided a handout to the Planning Commissioners information regarding building elements in the Gateway Overlay District. These elements are necessary for the development to function properly. For example, drive-thru restaurant, drive-thru bank etc. Staff is requesting to amend the Zoning Ordinance for this unnecessary step for developers to go before the Board of Zoning Appeals to address for the functionality and landscaping on their site. Mr. David Ives made known a draft has been provided with the amendments to make exceptions and to limit delays with items being submitted in the future. Vice Chairman Young asked if this information would be provided to stakeholders, in which Mr. Blomeley answered that he has spoken with several and they are in supportive with this amendment. Mr. Eddie Smotherman made a motion to schedule a public hearing March 4, 2015, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. 19  MINUTES OF THE MURFREESBORO PLANNING COMMISSION FEBRUARY 18, 2015 There being no further business the meeting adjourned at 3:10 p.m. _____________________________ Chairman ______________________________ Secretary JDA:cj 20 MURFREESBORO PLANNING COMMISSION STAFF COMMENTS MARCH 4, 2015 4.a. Rezoning application [2015-403] for approximately 15 acres located west of Memorial Boulevard to be rezoned from RS-15 to CH, James B. Haynes Family Real Estate Partnership applicant. The subject property is located along the west side of Memorial Boulevard just south of Irongate Boulevard. It is currently undeveloped. Its frontage along Memorial Boulevard is zoned CH, but the balance of the tract, including the requested area, is zoned RS-15. The applicant has requested that a 15-acre area of the subject tract be rezoned to CH to allow for the development of a grocery store. To the south of the subject property, along Memorial Boulevard, is the Adams Place assisted living facility, which is zoned PUD. To the southwest of the subject property is the Haynes Haven single-family subdivision, which is zoned RS-15. If approved, a Type D landscape buffer will be required adjacent to the bordering properties at Adams Place and Haynes Haven. Directly to the west and north of the requested area is the remainder of the subject tract, which is zoned RS-15. Further to the west, approximately 800-900’ away, is the Ravenwood Subdivision, which is also zoned RS-15. To the northeast of the subject property is the post office and the Bojangles restaurant, which are both zoned CH. To the east of the subject property, across Memorial Boulevard, are a number of residential structures which were recently zoned CH in anticipation of redevelopment. Finally, also across Memorial Boulevard is the new Wal-Mart Supercenter, zoned CH, which opened in October 2014. The applicant conducted a neighborhood meeting on Monday, February 23rd at 7:00 PM at Northfield Elementary School. There were approximately forty (40) attendees at the neighborhood meeting, including members of the Planning, Engineering, and Transportation Staffs. The Planning Commission will need to conduct a public hearing, after which it will need to discuss the matter and then formulate a recommendation for City Council. BRANDYWINE DR BERKSHIRE LN LN UPLAND CT WINTHORN INDEPENDE E NCE WAY AREA WINTHO RS-15 P RNE CT FREED OM CT £ ¤ 231 LT PATRICK MCBRIDE DR DUNCAN CT CH KEVIN DR PUD RS-15 Wal-Mart JAME PEACOC K AVE S DR Adams AIRPORT RD Place HAYNES HAVEN L N Ê Zoning Request For Property Along Memorial Blvd. from: GIS Department City Of Murfreesboro RS-15 to CH 111 West Vine Street Murfreesboro, Tennessee 37130 0 200 400 800 1,200 www.murfreesborotn.gov Path: G:\planning\rezon\Irongate_Memorial.mxd Feet MURFREESBORO PLANNING COMMISSION STAFF COMMENTS MARCH 4, 2015 4.b. Rezoning application [2015-404] for approximately 3.20 acres to be rezoned from RS-10 to RS-12, 0.28 acres to be rezoned from RS-10 to RS-15, 6.75 acres to be rezoned from RS-12 to RS-10, 3.04 acres to be rezoned from RS-12 to RS-115, and 1.06 acres to be rezoned from RS-15 to RS-12 located in the Salem Creek Subdivision south of New Salem Highway, Salem Creek Partnership applicant. The subject property consists of the Salem Creek Subdivision, which is located south of New Salem Highway and along Salem Creek Drive. The subject development tract was annexed into the City in 2003. Simultaneously with its annexation, a zoning plan was approved for the property. It consisted of areas of RS-15, RS-12, and RS-10 zoning. The developer is in the process of platting a new section. It was determined that the zoning boundary line that was approved in 2003 did not follow the lot lines, both for this proposed section and for some of the existing lots in sections that have already been recorded. This situation was causing problems in determining how to enforce setback requirements, because different zoning districts have different minimum setback requirements. In an attempt to remedy this situation, the developer has filed this application in an attempt to “clean up” the zoning boundary lines for the subdivision, so that they follow the existing and proposed lot lines. In addition, he has reviewed the master plan for the development of the remainder of the subdivision and compared it with the existing zoning boundary lines. Modifications are also being requested for the balance of the development tract, so that the zoning boundary lines are consistent with the anticipated lot lines in future sections. It should be noted that none of the property is proposed to be rezoned to anything other than the three zoning classifications that currently exist in the subdivision right now, RS-15, RS-12, and RS-10. The Planning Commission will need to conduct a public hearing, after which it will need to discuss the matter and then formulate a recommendation for City Council.  SA CASON CR L E M LN E D EK R BLACKWATER DR PUD PR ES THAD LE CT Y D RS-12 BRIDGEWAY ST R BEAULAH DR TR JA E NE L R L VO TR L TR RS-15 L EWOOD DR ER BEAULAH CT LAT BRANDY KEG S CT CREEK DR CAS RO B INWOOD D R ON PRD LN GENOA D R FROGTOWN LN BANYON GENEVA Legend DR DR RS-10 to RS-12 RS-12 RS-10 to RS-15 DEWDROP C PRD RS-12 to RS-10BUFFA LO T RS-10 RIV E R RS-12 to RS-15 DR DEWINGTON DR SHADY F RS-15 to RS-12 OREST D R Existing Zoning Line Proposed Zoning ELDIN Line PEPPER BRANCH S ON LN DR CA CREEK DR PARKWOOD DR Ê Proposed Zoning Boundary Changes in Salem Creek Subdivision GIS Department City Of Murfreesboro 111 West Vine Street Murfreesboro, Tennessee 37130 0 250 500 1,000 www.murfreesborotn.gov Path: G:\planning\rezon\SalemCove.mxd Feet MURFREESBORO PLANNING COMMISSION STAFF COMMENTS MARCH 4, 2015 4.c. Agripark Drive [2015-702] right of way abandonment request for 0.05 acres of right-of-way located south of John R Rice Boulevard, TDK Construction applicant. The subject property is located along the west side of Agripark Drive just south of John R Rice Boulevard. Agripark Drive was designed and constructed with the future construction of intersecting streets in mind. The subject right-of-way was dedicated in anticipation of a new intersecting street being constructed as a part of subdivision development on the adjacent tract to the west. Instead of being developed with subdivision lots, however, and a new public street, this tract has been approved for the development of an apartment complex. Because no new public street will be constructed to serve the proposed apartment development, the right-of-way that was dedicated in anticipation of a new public street is no longer needed and is deemed excess. The apartment developer has requested that the City abandon this excess right-of-way. His engineer has submitted an exhibit showing the exact dimensions of what has been requested to be abandoned. The Planning Staff has completed a study of the impact of the proposed right-of-way abandonment. It has been included in the agenda packet. If the Planning Commission approves this right-of-way abandonment request, Staff recommends the following conditions of approval: 1) A 30’ water and sewer easement, centered over the existing water and sewer mains, must be retained prior to the abandonment of the right-of-way. 2) The applicant must provide a legal description, an exhibit, and any other documentation necessary for the preparation of the required legal documents. 3) All legal documents are subject to the approval of the City Attorney. The Planning Commission will need to conduct a public hearing, after which it will need to discuss the matter and decide whether or not to abandon this excess right-of-way. If the request is approved, then it will be forwarded on to the City Council for ratification of the Planning Commission’s action.  § ¦ ¨I-24 JO HN R RI CE AREA BL VD AGRIPARK DR Ê Path: G:\planning\ROW Abandonment\AgriParkDr.mxd Right-of-Way Abandonment Along GIS Department City Of Murfreesboro Agripark Drive 111 West Vine Street Murfreesboro, Tennessee 37130 0 100 200 400 600 www.murfreesborotn.gov Feet  . . . creating a better quality of life. Memorandum To: Gary Whitaker, Interim Planning Director From: Joe Ornelas Date: February 19, 2015 Re: Right of way abandonment- Agripark Drive Please find attached with this memorandum a copy of the responses received regarding the captioned right of way abandonment. In summary: AT&T Officials from AT&T indicated that they do not have any cables at this location but do have cables across the street for future development. They will not need an easement for this right of way abandonment Murfreesboro Electric Department (MED) An e-mail received from Chris Barns has stated that they do not have any problems with this abandonment and will not need an easement. Murfreesboro Water and Sewer Department MWSD has an existing 8” water main within the area to be abandoned and existing 8” sewer main. They are requesting a 30’foot water and sanitary sewer easement, centered over these existing mains, which will need to be retained prior to abandoning the 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  Page |2 Consolidated Utility District CUD has stated that they do not service this property and will not require any easements for this ROW abandonment. Engineering Department Sam Huddleston does not have any concerns with closing this portion right of way. 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. 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: ABED, JAMAL Y To: Joe Ornelas Subject: FW: Agripark ROW Abandonment Date: Thursday, February 19, 2015 12:21:59 PM Attachments: February_10_2015_Agripark_Drive_ROW_Abandonment_Department_MEMO.pdf Agripark_Drive_ROW_Abandonment_Map.pdf Joe, AT&T dos not have any cable at this location, but we do have conduit comes from across the street for future service. Thanks, Jamal From: Joe Ornelas [mailto:jornelas@murfreesborotn.gov] Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; ABED, JAMAL Y; James Rambo; Jennifer L. Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441 From: Chris Barns To: Joe Ornelas Subject: RE: Agripark ROW Abandonment Date: Tuesday, February 10, 2015 11:06:54 AM Murfreesboro Electric does not have any problems with the abandonment. Chris Barns, P.E. Distribution Engineer cbarns@medtn.com (615) 494-0428     (Office) (615) 898-6736    (Fax) From: Joe Ornelas [mailto:jornelas@murfreesborotn.gov] Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer L. Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax; Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441  . . . creating a better quality of life MEMORANDUM DATE: February 10, 2015 TO: Joe Ornelas FROM: Valerie H. Smith, PE RE: Right of Way Abandonment Request Along Agripark Drive Pursuant to your request of February 10, 2015, we submit the following information on the locations of the existing water and sanitary sewer in the vicinity of the subject abandonment. Repurified water is not available to this location. WATER LINES There is an existing 8” water main within the area to be abandoned. SEWER LINES There is an existing 8” sewer main within the area to be abandoned. A thirty (30) foot water and sanitary sewer easement, centered over these existing mains, will need to be retained prior to the right of way abandonment. pc: Darren Gore Greg Harvey 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  I 24 ( ! Manhole Gravityline ( ! Waterline JO ROW Abandonment Area HN R ( ! Water and Sewer Easement RI CE VD BL ( ! ( ! ( ! AGRIPARK DR ( ! µ MURFREESBORO WATER AND SEWER DEPARTMENT ROW ABANDONMENT ALONG AGRIPARK DRIVE KMC 2/10/15 ROW ABANDONMENT NTS AGRIPARK DRIVE.MXD From: Bryant Bradley To: Joe Ornelas; Bruce Harvey; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer Wood; Jerry Burke; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: RE: Agripark ROW Abandonment Date: Wednesday, February 11, 2015 10:11:16 AM Joe The Agripark ROW on this parcel is located in the MWSD service area for water and sewer both. CUD does not have any water lines or easements along Agripark Drive. Bryant Bradley Project Manager Consolidated Utility District 709 New Salem Hwy., P.O. Box 249 Murfreesboro, TN 37133-0249 PH: 615-225-3340 Fax: 615-225-3314 Email : bbradley@cudrc.com Visit Our Web at : www.cudrc.com #1 Through Excellence & Innovation This e-mail and any files transmitted with it are CUDRC property, are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. In addition, all maps, flows, elevations, pipe sizes or any other hydraulic information is provided as a courtesy by CUDRC to the recipient and is for information use only. Since it may be inaccurate or incomplete, it should never be relied upon for design purposes or financial commitments without investigation and due diligence by the recipient. From: Joe Ornelas [mailto:jornelas@murfreesborotn.gov] Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. Thank you, Joe Ornelas City Planner From: Sam Huddleston To: Joe Ornelas Cc: Raymond Hillis; Chris Griffith Subject: RE: Agripark ROW Abandonment Date: Tuesday, February 10, 2015 12:35:45 PM Joe, I have reviewed the request and have no objections to abandoning the ROW. We will need legal descriptions and an exhibit for our Legal Department to prepare the quitclaim deed. I also noted that the ROW contains water and sewer lines and we should reserve water and sewer easements within the requested area. The descriptions and exhibit prepared for our Legal Department should include a description of the easement area to be reserved and show it on the exhibit. Sam From: Joe Ornelas Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer L. Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441 From: Dana Richardson To: Joe Ornelas Subject: RE: Agripark ROW Abandonment Date: Wednesday, February 11, 2015 4:38:00 PM Joe: Based on the proposed change in plans for this tract, I have no problem with the abandonment. Dana From: Joe Ornelas Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer L. Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. 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: February 12, 2015 SUBJECT: Right-of-Way Abandonment of a Portion of Agripark Drive The right-of-way abandonment of a portion of Agripark Drive 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 # 4. WGC:sw Cc: Deputy Chief Mike Bowen Gerald Lee - GIS Police Department 302 South Church Street  Murfreesboro, Tennessee 37130-3732  Fax 615-217-3012 www.murfreesborotn.gov From: Joey Smith To: Joe Ornelas Subject: RE: Agripark ROW Abandonment Date: Tuesday, February 10, 2015 12:23:13 PM Joe, the Solid Waste Department has nothing against the proposed Agripark ROW abandonment. Thanks for including the Solid Waste Department. Joey From: Joe Ornelas Sent: Tuesday, February 10, 2015 10:29 AM To: Bruce Harvey; Bryant Bradley; Carl Peas; Carolyn Jaco; Chris Barns; Chris Griffith; Cumbey Gaines; Dan Dement; Dana Richardson; David Ives; Gary Whitaker; Glenn Chrisman; Jamal Abed (ja2030@att.com); James Rambo; Jennifer L. Wood; Jerry Burke; Joe Ornelas; Joey Smith; Keith Thomason (keith.thomason@mtemc.com); Ken Honeycutt; Margaret Ann Ely; Matthew Blomeley; Ram Balachandran; Rob Lyons; Ron Washington; ROSS, CHARLES E; Sam Huddleston; Steve Sax (ssax@medtn.com); Tim Jackson; Valerie Smith Subject: Agripark ROW Abandonment Good morning, The Planning Department has received a request to abandon ROW located along Agripark Drive. I have attached the department memo and illustration to this email. Please review the site and reply with your department’s comments no later than February 17, 2015. Thank you, Joe Ornelas City Planner City of Murfreesboro Planning Department (615) 893-6441 MURFREESBORO PLANNING COMMISSION STAFF COMMENTS MARCH 4, 2015 4.d. Proposed Amendment [2015-802] to Zoning Ordinance regarding minimum space required between buildings and parking and/or access drives in the Gateway Design Overlay District, required base of building landscaping, and other related sections, Planning Staff applicant. In the Gateway Design Overlay District (GDO) zoning regulations, there is a minimum separation requirement of 10’ between buildings and parking and/or access drives on lots of 1.5 acres or more and 7’ on lots of less than 1.5 acres. There have been numerous variance requests to this requirement submitted and approved over the years. Most, if not all, of these requests are because of a necessary building or site element which prevents a development from complying with this requirement. Most of the uses that have applied for such variances have done so because these building elements are essential to the operation of their business. Examples include drive thru pick up windows for restaurants, drive-thru bank teller windows, loading docks, and overhead vehicular access doors. The Zoning Ordinance explicitly indicates that having such a building element for a site in the GDO is justification for the granting of a variance. However, the Planning Staff believes that these exceptions should be allowed by the Ordinance without a variance. Requiring that developers seek a variance to this requirement from the Board of Zoning Appeals adds an extra process that they must navigate and generally an extra month on to the plans review process. Oftentimes, when variances to a specific requirement become the norm, it is prudent to review the requirement to determine if it ought to be amended. The proposed amendment seeks to add specific permitted exceptions to this requirement. As Staff began to review the above amendment, other related sections were also identified as needing to be amended. Both in the GDO requirements and in the general landscape ordinance, there are requirements for landscaping around the base of the building. The Zoning Ordinance already contains exceptions to this requirement. However, Staff proposes amendments to both of these sections of the Zoning Ordinance in order to make it clearer what specific building elements are exempt from this requirement. Finally, Section 26 of the Zoning Ordinance contains the zoning regulations pertaining to off-street parking and loading, including the requirement for landscaping adjacent to drive-up/drive-thru lanes. The proposed amendment seeks to modify the verbiage of Section 26 in order to be consistent with the other ordinance revisions. The proposed ordinance amendment is included in the agenda packet. The Planning Commission will need to conduct a public hearing on this matter, after which it will need to discuss the matter and then formulate a recommendation for City Council.  DRAFT ORDINANCE 15-O-00 amending Murfreesboro City Code Appendix A— Zoning, Sections 24, 26 and 27, regarding separation of and landscaping between a building and drive-up drive-thru lanes. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Appendix A, Section 24, Overlay District Regulations, of the Murfreesboro City Code is hereby amended by at ARTICLE III, GDO, GATEWAY DESIGN OVERLAY DISTRICT, subsection (E), Site planning and design, (4)(b)[3] by deleting the subsection in its entirety and substituting in lieu thereof the following: [3] minimum space between buildings and parking and/or access drives: ten feet on lots of 1.5 acres or more and seven feet on lots of less than 1.5 acres; provided that the required minimum space shall not be required on the side of a building that provides drive-thru pick-up windows, bank teller drive-thru windows, vehicular access doors, loading/unloading areas, and other such facilities. SECTION 2. Appendix A, Section 24, Overlay District Regulations, of the Murfreesboro City Code is hereby amended by at ARTICLE III, GDO, GATEWAY DESIGN OVERLAY DISTRICT, subsection (F), Landscape development, (3)(d) by deleting subsections [7] and [8] in their entirety and substituting in lieu thereof the following: [7] A five (5) foot minimum width landscape strip planted with shrubs, trees, or other landscape materials in accordance with Section 27 of Appendix A – Zoning shall be provided along the front and sides adjacent to the base of the buildings or separated from buildings by a sidewalk. The landscape area may be used for menu boards to the extent otherwise permitted by this article and other regulations of the City. [8] The base of building landscaping requirement in subsection [7] above shall not be required: [aa] on the side of a building that provides drive-thru pick-up windows, bank teller drive-thru windows, vehicular access doors, and loading/unloading areas and other such facilities, or [bb] within five (5) feet of a pedestrian building entrance or in such a manner as to block access to a door or other building element requiring access. SECTION 3. Appendix A, Section 26, Off-Street Parking, Queuing and, Loading, of the Murfreesboro City Code is hereby amended by at subsection (D), Regulations applicable to off-street queuing and drive-up/drive-thru lanes, (5)(d) by deleting it in its entirety and substituting in lieu thereof the following: (d) Drive-up/drive-thru lanes that are accessory to a building with drive-up windows or other such facilities shall be designed with a landscape area between the drive-up/drive-thru lanes and the building to which it is accessory except on the side of the building that contains the drive-up window or other such facilities. This area shall be planted with shrubs and trees in accordance with Section 27 of Appendix A – Zoning. The landscape area may be used for menu boards to the extent otherwise permitted by this article and other regulations of the City. SECTION 4. Appendix A, Section 27, Landscaping and Screening, of the Murfreesboro City Code is hereby amended by at subsection (K), Required landscaping within parking lots and around base of buildings, (3) by deleting subsections (a) and (b) it in their entirety and substituting in lieu thereof the following: mjp c:\users\mblomeley.citymboro\appdata\local\microsoft\windows\temporary internet files\content.outlook\92i1bco9\2015 ordinance re separation landscaping bldg drive thru lanes.doc 2/26/2015 8:12:57 AM #1  DRAFT (a) A three (3) foot minimum width landscape strip planted with shrubs, trees and other landscape materials in accordance with this Section 27 shall be provided along the front and sides adjacent to the base of the buildings or separated from buildings by a sidewalk. The landscape area may be used for menu boards to the extent otherwise permitted by this article and other regulations of the City. (b) The base of building landscaping requirement in subsection (a) above shall not be required: [1] on the side of a building that provides drive-thru pick-up windows, bank teller drive-thru windows, vehicular access doors, loading/unloading areas and other such facilities, or [2] within five (5) feet of a pedestrian building entrance or in such a manner as to block access to a door or other building element requiring access, or [3] within maneuvering areas that are not visible from a public right-of-way, or [4] for land zoned H-I (Heavy Industrial) or L-I (Light Industrial) when such land is developed with a use identified as Industrial in Chart 1 of Appendix A - Zoning. SECTION 5. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp c:\users\mblomeley.citymboro\appdata\local\microsoft\windows\temporary internet files\content.outlook\92i1bco9\2015 ordinance re separation landscaping bldg drive thru lanes.doc 2/26/2015 8:12:57 AM #2