Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 MEMBERS PRESENT STAFF PRESENT Kathy Jones, Chair Donald Anthony, Planning Director Ken Halliburton, Vice Chair Matthew Blomeley, Assistant Director Eddie Smotherman Margaret Ann Green, Principal Planner Warren Russell Amelia Kerr, Planner Ronnie Martin Sam Huddleston, Executive Dir. of Dev. Services Jennifer Garland Carolyn Jaco, Recording Assistant Chase Salas David Ives, Assistant City Attorney Austin Cooper, Planner Jafar Ware, Planner Chair Kathy Jones called the meeting to order after determining there was a quorum. The minutes of the April 3, 2019, May 1, 2019 and May 15, 2019, Planning Commission meetings were approved as submitted. Mr. David Ives began by making known the City Administration has requested for the Planning Commission to consider a Mandatory Referral regarding a Memorandum of Understanding (MOU). He explained, a proposal had been made by Rutherford County to lease City owned property at the intersection of Fortress Boulevard and Blaze Drive. The land being considered would be a 50-year lease with Rutherford County. The property consists of 17.6 acres on which Rutherford County proposes to construct a County Clerk Annex, and sublease space to the State of Tennessee, for a second Driver’s License office. If approved, the lease would require the County’s platting and building process, subject to all City Planning Department, Planning Commission and Codes provisions and approvals. Mayor Bill Ketron was in attendance to represent the applicant. Mr. Ken Halliburton made a motion to approve the Mandatory Referral subject to all staff comments, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Old Business Annexation plan of services and annexation petition [2019-504] for approximately 3.1 acres located along Shelbyville Pike, Douglas Dales applicant. Ms. Amelia Kerr summarized the staff report, which 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 had been made available to the Planning Commission in their agenda packet. Ms. Kerr made known the annexation petition had been deferred during the May 1, 2019, Public Hearing due to concerns from the Murfreesboro Fire Department. Since then, the Fire Department has provided a letter stating they could provide fire protection to this property at the time of annexation. In addition, Ms. Kerr provided a corrected copy of the Taxes and Revenue sheet that would be included in the Plans of Services prior to this item being presented to City Council. Mr. Ronnie Martin made a motion to approve the annexation plan of services and annexation petition, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Zoning application [2019-411] for approximately 3.1 acres located along Shelbyville Pike to be zoned CH simultaneous with annexation, Five Star Joint Venture applicant. Ms. Amelia Kerr summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Kerr made known this item had been deferred during the May 1, 2019, Public Hearing due to concerns from the Murfreesboro Fire Department. Since then, the Fire Department has provided a letter stating they could provide fire protection to this property at the time of annexation. Mr. Chase Salas made a motion to approve the zoning request subject to all staff comments, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. Public Hearings Zoning application [2019-413] for approximately 20.06 acres located east of New Salem Highway and south of Middle Tennessee Boulevard to be rezoned from H-I to L-I, Newton & James Molloy Families applicant. Ms. Amelia Kerr summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Kerr made known this request would be considered as down zoning. The applicant has provided a list of speculative uses for the LI zone request. In addition, this request would be consistent with proposed changes being made to the 2035 Comprehensive Plan future land use map that Staff would be presenting in the coming months. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the public hearing; therefore, Chair Kathy Jones closed the public hearing. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 Mr. Ken Halliburton made a motion to approve the zoning request subject to all staff comments, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Zoning application [2019-412] for approximately 13.04 acres located along New Salem Highway to be rezoned from OG and RM-16 to RS-A (Type 2) and approximately 1.95 acres to be rezoned from RS-15 to RS-6, Tim McClure applicant. Ms. Amelia Kerr summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Kerr explained that rezoning for this property had been passed on second and final reading at City Council on May 16, 2019. The applicant has submitted a new zoning request to address wetlands on the site. The changes being requested would not increase any number of units to be developed. Also, this request would be consistent with the proposed changes being made to the 2035 Comprehensive Plan future land use map that Staff would be presenting in the coming months. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning request; therefore, Chair Kathy Jones closed the public hearing. Mr. Warren Russell made a motion to approve subject to all staff comments, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. Annexation Petition and Plan of Services [2019-505] for approximately 85 acres located along Lee Lane, James & Virginia Jernigan applicants. Ms. Margaret Ann Green summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Currently, this parcel is undeveloped and has been utilized for agricultural purposes. Included in the agenda packet is an Annexation Feasibility Study and Plan of Services for adoption if approved. This property is contiguous with current City limits and is located within the Urban Growth Boundary. Chair Kathy Jones opened the public hearing. 1. Mr. Charles Blevens 1826 Tulip Hill Drive - opposes the request due to the overwhelming concerns with the ongoing traffic conditions along Elam Road and Joe B. Jackson Parkway. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 2. Mr. Bruce White 1819 Lee Lane – opposes the annexation request due to the zoning being considered as HI zone. 3. Mr. Mike Nnowles 359 Pleasant Run Road Smyrna - opposes the annexation request due to the zoning being considered as HI zone. 4. Mr. Eric Plough 2232 Elam Road – opposes the annexation request due to the zoning being considered as HI zone. 5. Ms. Mary Braschler 1830 Lee Lane – opposes the annexation request. Ms. Braschler requested that her neighborhood not be annexed into the City. 6. Ms. Dianne Parker 2101 Wimbledon Drive – opposes the annexation request. She asked the following questions to be answered: a. Why did the Planning Commission go against expert advice from the Planning Department to zone the 233 acres and the joining 85 acres to HI zone instead of a PID zone? b. Why did the applicant not conduct a courtesy community meeting about this proposal that would have a major impact to their neighborhood before this request was presented to the Planning Commission? For example, Sazerac, had conducted a neighborhood meeting before their public hearing. c. Why the rush to annex this property? Ms. Parker came forward and distributed a letter to the Planning Commission from her neighbor Mr. Greg Lyon 2101 Wimbledon Drive, who opposes the annexation due to the zoning being considered as HI zone. 7. Mr. Christopher Brown 2004 Crossfield Drive – opposes the annexation request due to the zoning being considered as HI zone. In addition, he has concerns with traffic, and tractor trailer traffic carrying materials along Lee Lane and Elam Road. If approved, it would allow a gross impact in a negative way to the quality of life for the residents who live in this area. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 8. Mr. James Jernigan 214 2nd Avenue – supports the request. Mr. Jernigan made known he was not the only heir whom owns this property. He has been approached several times to sell the property, and he is ready to sell to benefit the workers in Rutherford County. 9. Ms. Melinda Brown 2004 Crossfield Drive – opposes the annexation request due to the zoning being considered as HI zone. She has concerns with the impact of HI due to the pressures being made to their community with the increase of industrial traffic. 10. Ms. Jo Ann Plough 2232 Elam Road – opposes the annexation request. She made known she was in fear with this annexation due to their homes being annexed in the future. The County residents have no rights with this request and if approved it would only benefit the City. The traffic issues along Elam Road need to be addressed. 11. Ms. Julie Jernigan – made known she was a distant heir to the property that was being considered. She is in favor of the annexation request. Her father is not the sole heir of this property. The family heirs have been approached multiple times over the years to sell the property. They deserve the right to sell this property and to decide what they can do with their land. Chair Kathy Jones closed the public hearing. Ms. Green began to address the questions with the following: • If this property was annexed into the City without a companion zoning application, it would have an interim RS-15 zone. • The City would not annex any neighboring property owners without property owners submitting a petition for annexation. • Public hearing notifications had been placed in the newspaper, and mailouts were sent to residents whom are 250-feet from the property. Also, signs were placed on the property which makes known a request had been made for annexation and zoning requests. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 • The Major Transportation Plan (MTP) plans to improve Elam Road and a future cross connection on Rutherford Boulevard and Manchester Highway. Funding would have to be provided by the City Council before any road improvements. • A community meeting had been conducted for Sazerac due to a specific user for a PID. This annexation request being considered is speculative zoning with an anticipated use. • The proposed application is not being rushed any faster than other application standards. The Planning Department has a formalized submittal process and notification process, and this application has met all requirements for City Council to consider for adoption. In addition, this application would have a second public hearing for the public to speak at City Council. Mr. Sam Huddleston came forward to make known road improvements were needed for this area between Manchester Highway and Rutherford Boulevard and at Elam Road and Joe B Jackson Parkway. The City could benefit from Tennessee Department of Transportation (TDOT) plans to signalize the Joe B. Jackson Parkway and Interstate 40 interchange. Elam Road and Manchester Highway could benefit from improvements along Rutherford Boulevard. At this time, there are no specific dates for road improvements to the area. City Staff is pursing these projects with TDOT. There is a lot of undeveloped land in these areas and any development that would occur on this property would trigger additional needs to address traffic. Mr. Ronnie Martin asked, on the 2040 Major Transportation Plan, was this area being shown as a mid- term road improvement. With a zoning change to HI would this change the mid-term improvements to short-term improvements? Mr. Sam Huddleston explained, the infrastructure should progress with development. The Capital Improvement Plan (CIP) is short term being up to 5 years that would start when a project is recommended by Staff for significant road improvements within an area. Mr. Warren Russell wanted to know if there would be any changes made to Lee Lane with this proposal. Mr. Huddleston made known the MTP addresses only major routes. Any improvements to Lee Lane would be with any future community needs. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 Mr. Ronnie Martin made a motion to approve the Annexation Petition and Plan of Services, seconded by Ms. Jennifer Garland. The motion carried by unanimous vote in favor. Zoning application [2019-411] for approximately 85 acres located along Lee Lane to be zoned H-I simultaneous with annexation, Brian Berryman applicant. Ms. Margaret Ann Green summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Green made known that a chart of uses had been included in the agenda packet to show the types of uses that would be permitted if approved as a HI zone. Mr. Rob Molchan, Mr. John Harney and Mr. Jeff Reid were in attendance to represent the applicant. Mr. Rob Molchan came forward and distributed an addendum map which shows modifications to the property. Mr. Molchan begin a power point presentation from the applicant’s submittal. He explained the property towards the east would remain as an RS-15 zone with a width of 40 feet. Behind the RS-15 zone would be an additional 20-feet, with a Type E landscaping buffer. The changes would be a total of 60-foot barrier buffer between the HI property and the County residential area towards the east. The applicant is proposing a corporate campus for office jobs, and industrial jobs. Continuing, Mr. Molchan made known there would be uses restricted on the plat and uses restricted by covenants. Lastly, he explained the main access point would be onto South Rutherford Boulevard, and the site would have access to a CSX rail spur. Traffic studies would be provided during the applicant’s site plan submittal and master plan submittal. Chair Kathy Jones opened the public hearing. 1. Mr. Don Bolton 2003 Tulip Hill Drive – opposes the zoning request due to the increase in traffic and noise. He requested for a traffic signal be placed at Elam Road. 2. Mr. Robert Peay 4047 Bivens Hill Road – requested for the Planning Commission to accommodate the residents by addressing the noise pollution and traffic problems, and not to allow thru traffic within the residential areas. 3. Ms. Dianne Parker 2101 Wimbledon Drive – opposes the request. If the zoning is approved she requested for the buffer to be increased. Again, why is the HI request being considered when 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 the Planning Department Staff had requested for a PID zone. What type of businesses are going to be allowed behind their homes? She requested no through traffic be permitted in their residential area, and for the road infrastructure with signals be in place before a business is complete. 4. Mr. Bruce White 1819 Lee Lane – came forward and distributed a handout which detailed the applicant’s property line being 10-feet from his driveway, 5-feet from his garage, and 40-feet from his home. He made known he opposes the HI zoning request. However, if approved, he requested for the following to be included: • 100-foot setback between his property and the Jernigan property. • A 10 or 12-foot concrete wall be placed between his property and the Jernigan Property towards the emergency access off of Lee Lane. • A 25-foot evergreen buffer in front of the concrete wall and a five-foot fence between his property and the Jernigan property towards the emergency access off of Lee Lane. 5. Ms. Ms. Melinda Brown 2004 Crossfield Drive – opposes the HI zoning request. She requested no traffic access be permitted from the applicant’s property to Tulip Hill Drive and Lee Lane. In addition, she requested for additional information be provided to address the traffic, noise, light nuisance and what type chemicals the businesses would be using at a nearby natural wetland area. 6. Ms. Jo Ann Plough 2232 Elam Road – opposes the HI zoning request. If approved she requested for the property to be a less invasive zone and the applicant provide a 200-foot buffer between the applicant’s property and the residential neighborhood. She requested for the residents to have a voice in the hours of operation such as the noise and the hours of tractor trailer traffic. The infrastructure should be in place before any businesses is completed. 7. Mr. Christopher Brown 2004 Crossfield Drive – opposes the HI zone. He requested for a less invasive zone such as LI or commercial. In addition, he requested, no thru traffic be permitted onto Lee Lane and Tulip Hill Road. 8. Mr. Bricke Murfree 1011 Glasgow Drive – stated this is a rare opportunity for the applicant and he is in favor of this zone. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 9. Mr. Eric Plough 2232 Elam Road – opposes the HI zoning request. He requested for the property be a less invasive zone. 10. Mr. Mike Nnowles 359 Pleasant Run Road Smyrna – opposes the HI zoning request. The County residents are not being properly represented by the City. 11. Ms. Lisa Holly 1819 Lee Lane – opposes the HI zoning request. She requested for the same request that had been made by Mr. Bruce White being the following: • 100-foot setback between his property and the Jernigan property. • A 10-12-foot concrete wall between his property and the Jernigan Property towards the emergency access off of Lee Lane. • A 25-foot evergreen buffer in front of the concrete wall and a five-foot fence at the property line between his property and the Jernigan property towards the emergency access off of Lee Lane. 12. Mr. John Harney 6748 Gum Road – stated he was representing the applicant and the Jernigan family. He distributed copies to the Planning Commission of an email response from Rutherford County Road Superintendent, Mr. Greg Brooks. The email states that Rutherford County would approve signage at Lee Lane and Elam Road that would state no thru truck traffic or construction traffic permitted at this location. The applicant’s property would not have access to Lee Lane or Tulip Hill Drive. The outlet for traffic would be onto Rutherford Boulevard. The applicant is proposing a corporate campus which would require a traffic study, and the property would have to comply with the City nose and light pollution ordinance. Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green stated the applicant has requested for a HI zone which is a bulk zone. There are no specific conditions being placed on this zone. The Planning Commission can deny this request, approve, or recommend another type of zoning. Mr. Donald Anthony addressed the Restrictive Covenants by making known these are agreements being made by the property owners. The covenants would be enforceable by the property owners; they are not 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 enforceable by the City. However, due to the sensitivity of this site, Staff has made a recommendation for conditional zoning. For this site, it has been warranted for this project by Staff to have a conditional zoning upon the applicant to record a plat which would list out all restricted uses. This would allow the City to be a signatory onto the restrictions with the plat. Chair Ms. Jones wanted to clarify the same conditional zoning would be placed on the recorded plat for the 233 acres. Ms. Anthony answered yes, the staff report has included the restrictive uses to be placed on the recorded plat. Mr. Eddie Smotherman commented, distance is a good buffer and he requested for the applicant to agree to a 6-foot berm with 6-foot evergreens around the Jernigan property. In addition, he requested that an emergency access gate be installed on the property at Lee Lane for emergency access only. Mr. John Harney came forward stating they would agree to the berm request when a site plan was submitted on the Jernigan property and they would install an emergency access gate at Lee Lane. To address wetlands, the applicant would have to comply with all State regulations during site plan approval. Mr. Ronnie Martin commented the City and Rutherford County have an ongoing partnership. The County residents attending this meeting are not City residents, but, this request matters for all County residents as a whole because we all are a community. Continuing, Mr. Martin wanted to know if there were other CSX rail spur sites in Murfreesboro. Mr. Anthony answered that he knew of only one other CSX rail spur, located at the GE property. Mr. Martin said that for this reason, reducing the request to a lesser zone would not work for the applicant. The reason for the HI zone is to allow the applicant to have the ability to work with lumber and steel on the property. Lastly, Mr. Martin asked the Planning Staff if there were any issues with the requested bulk zone. Mr. Donald Anthony stated, Staff had made a recommendation in March 2019. Since then, moving forward, Staff has added things that would work, and they are comfortable adding the restrictions on the plat. Mr. Ronnie Martin made a motion to approve the HI zone subject to excluding the 40-foot wide property along the eastern and northern property line and the 40-foot wide property entering into the City to be zoned as RS-15, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 Staff Reports and Other Business Zoning application [2019-415] for 2,348 lots (approximately 920 acres), as shown on accompanying map, to be rezoned City Core Overlay (CCO), Murfreesboro Planning Department applicant 7. Mr. Donald Anthony summarized the staff report, which had been made available to the Planning Commission in their agenda packet. This request is to schedule a public hearing for a Zoning Map amendment for expansion of the City Core Overlay district. Mr. Eddie Smotherman made a motion to schedule a public hearing on July 10, 2019, seconded by Ms. Jennifer Garland. The motion carried by unanimous vote in favor. Other Business Mr. David Ives made a recommendation to the Planning Commission to consider approving a Mandatory Referral regarding an acquisition being made by the City for an Access Easement across a vacant lot in the Southern Meadows subdivision. The vacant lot is owned by the Southern Meadows HOA, and it cannot be built on due to a TVA easement and power pole. If approved, the City would construct a sidewalk towards a walking path around Salem Elementary School. Mr. Warren Russell made a motion to approve subject to all staff comments, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. There being no further business the meeting adjourned at 8:45 p.m. 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION JUNE 5, 2019 ________________________________ Chairman ________________________________ Secretary DA: cj 12