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Planning Commission

Regular Meeting

Murfreesboro, TN · July 10, 2019

AgendaMinutes

Minutes

MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 6:00 P.M. CITY HALL 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 Dianna Tomlin, Principal Planner Chase Salas Amelia Kerr, Planner Jennifer Garland Austin Cooper, Planner Ronnie Martin Sam Huddleston, Executive Dir. Of Dev. Services Carolyn Jaco, Recording Assistant Adam Tucker, City Attorney Chair Kathy Jones called the meeting to order after determining there was a quorum. The minutes of the June 5, 2019, and June 19, 2019, Planning Commission meetings were approved as submitted. Public Hearings 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. Mr. Donald Anthony began by explaining the City of Murfreesboro has been working on the expansion of the City Core Overlay district over a year. The text for the City Core Overlay district has been reviewed by the Planning Commission a few months back and it is now being reviewed by City Council. The City Core Overlay amendment text follows closely with the Historic District, the approved North Highland Avenue Study, and the Historic Bottoms Study. Between the approved studies and the Zoning Map Amendment there have been seven City Core Overlay meetings with various groups, meetings with downtown business owners, and outreach efforts to discuss the vision for the downtown area. Continuing, Mr. Anthony explained to the public whom were attending the meeting the process for public notices being mailed out for tonight’s public hearing. Information had been provided 1 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 to the public on the local TV Channel 3, our City website, and an advertisement had been placed in the local newspaper. Since the time making the public hearing known, several people have contacted our Department with questions trying to understand the full purpose of the CCO. Also, making known the date for the public hearing, there has been a considerable amount of misinformation spread onto social media. Despite all the public outreach that has been made, Mr. Anthony stated that he is not content to let the City Core Overlay move forward without getting the support from the people whom would be mostly affected by the CCO. Mr. Anthony stated he would continue to do whatever it takes to answer people’s questions and to make changes to whatever is necessary to the text of the CCO and the CCO map. Neither of these items have been passed by City Council. We want the CCO to work for the people would be affected. At this time, Mr. Anthony requested for this item to be deferred indefinitely. Chair Kathy Jones opened the public hearing. 1. Ms. Johnnie Green 637 East Sevier Street –opposes the CCO because she feels this is just the beginning of gentrification moving the elderly out of their homes. 2. Mr. William Richie 811 North Church & 809 North Church – has concerns with properties being torn down and replaced with new four/five story buildings being built in its place. 3. Mr. Jim Frazier pastor of Oaklands Baptist Church 530 North Maney Avenue - has concerns regarding the CCO due to the effects it would have on the church. 4. Ms. Carolyn Lester 602 East Vine – would like to know what would happen to her home regarding adoption of the CCO and zoning standards. 5. Ms. Kathleen Clark 135 Cherry Lane –has concerns with the CCO allowing overbuilding with complexes that do not need to be in the downtown area. 6. John T. Holloway 2523 Middle Tennessee Boulevard – does not understand the 11 pattern districts with 11 different overlay restrictions. 7. Ms. Melbra Simmons 726 Minor Street – wanted to know how the CCO would affect the zoning for her property. 2 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 8. Ms. Lokelani Tangaro 450 East State Street – does not understand the CCO district and wanted to know who would be funding the changes. 9. Ms. Cynthia Richie 809 & 811 North Church Street – wants downtown to be protected from overdevelopment. 10. Ms. Aurelia Holden 115 Gayle Lane – thinks it is too complicated to know which property is covered with which overlay. 11. Mr. Mark Heiland 721 N. Spring Street – wants the neighborhood to stay the way it is. 12. Ms. Karine Knox- came forward to speak for her mother, grandmother and great aunt whom live 415 East Castle, 208 S. Bilbro and 512 Reid Avenue – would like to know what is being proposed for their properties. 13. Ms. Dorothy Knox 309 First Avenue – wanted to know if her property was rezoned how could she upgrade and improve her property. Chair Kathy Jones closed the public hearing. Mr. Donald Anthony began to address the questions and concerns that had been discussed by explaining the following: • The City Core Overlay is a design overlay. • The standards being proposed would apply to new construction only. • Property owners in the CCO would not have to make any changes to their properties or structures. • An important part of the CCO is the allowance of a one-time exception having to meet any of the new standards. For example, if a home is completely destroyed, it could be rebuilt exactly as it had been, even though it does not meet City regulations. No other property in the City of Murfreesboro has this type of guarantee. This would be allowed by address, not by person. • There are no proposed changes to any underlying zoning. 3 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 • The overlay is to protect the area regarding new development fitting into the neighborhood. For example, when a new building is being constructed beside your property, the highest it could be constructed would only be 50 percent over the height of your house. If you have a two- story house, the neighbor’s house could be a three-story house. • Currently, if someone would like to construct a building Downtown, they could construct a six-story structure beside a one-story structure. • The intent of the City Core Overlay is to protect the owner’s property, enhance their property, and to help the property owner. It is not to hurt any property owner or push them out of their homes or gentrify. The CCO is geared toward protecting property. • There is no HOA, and there is no funding needed to enact an overlay district. The CCO is only to regulate the design of new structures within this area. • The City website provides information for the CCO regulations and standards for each property. Ms. Kathy Jones asked, what is the best way for the citizens to know where to find information to find out when future meetings are scheduled. Mr. Anthony answered that meetings would be posted on City TV Channel 3, the City’s website, and the Planning Departments webpage, www. murfreesborotn.gov/planning. He would also send information with future mailouts if another public hearing is scheduled. Mr. Ronnie Martin complimented on Staff working very hard to make known the CCO information for public meetings, downtown public input, and with the Planning Commission. The effort to make known about the City Core Overlay can be frustrating through this process by investing time. However, the good thing about this process is the spirit behind what is being proposed. This is an opportunity to turn and create good will with the people who are attending this meeting. This is a win for us and the people will see the same. Mr. Ronnie Martin made a motion to defer indefinitely, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. 4 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Zoning application [2019-416] to amend the Spring Creek PRD to increase the number of single-family, attached units on approximately 74.5 acres located along Asbury Lane, Beazer Homes 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 this amendment would increase the density by 11 additional units. Therefore, an increase in the density had been a trigger to add a compactor for this development. Chair Kathy Jones opened the public hearing Mr. Matt Williams was in attendance to represent the applicant. Mr. Williams came forward to state, this proposal for Beazer Homes is to provide more diversity than the current plan had provided. The request is to add another townhome product to allow three different options in three different price points for the community. The proposed architecture plan is very similar with the other products in this development. In addition, Mr. Williams made known they had conducted an informal neighborhood meeting with the current residents and the new product was positively received. Chair Kathy Jones opened the public hearing. Mr. Quinton McDonald came forward to make known he was a hydrologist/geologist and was representing the residents Ms. Nancy Wright and Ms. Karen Bauer 3507 Asbury Lane. Mr. Quinton McDonald stated, the residents do not oppose the amendment; however, they are concerned with the stormwater issues. When Beazer Homes began construction for their development, it impacted the residents with flooding onto Ms. Nancy Wright and Ms. Karen Bauer’s property. Ms. Wright and Ms. Bauer are requesting for all parties involved with this applicant, review the stormwater holistically throughout Asbury Lane. He requested, for Beazer Homes, the City of Murfreesboro, and all those involved, to work on an approach that prevents stormwater effecting any one party. The residents he is representing have only seen their property flood once and it had been during the May 2010, flood. Due to the ongoing growth in the area, 5 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 the residents whom he is representing are seeing water being received on their property which had not ever received before. In addition, the increase of water is also due from the widening of the road for this development. Going forward, Mr. McDonald requested, he and the residents continue working with the City and allow them to be in the process to address stormwater. Ms. Sherry Brown 3818 Asbury Road – has concerns with the increase of traffic in this area. She requested that a traffic signal be placed along Asbury Lane and Medical Center Parkway. Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green addressed the concerns that had been mentioned. She made known Staff has been involved with the property owners over the past year and would like to continue working with the property owners. After researching the property, drainage pipes had been cleaned out and maintained, and are properly functioning. To address the traffic concerns, the Major Thoroughfare Plan identifies this area for changes to the traffic network with a signalized intersection. However, at this time, there is no date for road improvements. Mr. Ronnie Martin recommended for Staff to meet with Mr. Quinton McDonald, who came to represent the residents, Ms. Nancy Wright, and Ms. Karen Bauer 3507 Asbury Lane. This would be a courtesy meeting to have a conversation with Mr. McDonald about the resident’s property. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Zoning application [2019-417] for approximately 2.2 acres located along Manson Pike to be rezoned from RM-16 and GDO-1 to CF and GDO-1, Egbert Rebeiro applicant. Ms. Margaret Ann Green summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Kathy Jones closed the public hearing. 6 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Mr. Warren Russell asked what type buffer would be placed between the CF zone and the residential property. Ms. Green answered that it would be a Type D buffer, 12 feet wide. Ms. Jennifer Garland made a motion to approve subject to all staff comments, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. Zoning application [2017-439] for approximately 2.5 acres located along West Northfield Boulevard and Sulphur Springs Road to be rezoned from RS-10 to PCD (Sanders Corner PCD), Henry & Linda Brendle applicants. 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 a neighborhood meeting had been conducted on June 25, 2019, at Kingwood Heights Church of Christ. Ms. Margaret Ann Green explained during the workshop meeting she had asked the Planning Commissioners to review the list of uses to make certain if the uses were appropriate with this request. Since then, the applicant has provided a list of prohibited uses. Mr. Clyde Rountree was in attendance to represent the applicant. Mr. Rountree came forward to begin a power point presentation from the applicant’s program book. Chair Kathy Jones opened the public hearing. 1. Mr. Ted Sutherland 1215 Sulphur Springs Road – does not oppose the PCD zoning application; however, he would like following questions and concerns be addressed: • He would like to know details for the buffer, landscaping, fence, and the distance for a PCD being beside a residential property. • He requested for the prohibited uses include gas station, beer sales, convenience store, car lots, and car repair. 7 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 • He requested for the main entrance drive into this property along Sulphur Spring Road be moved further away from his property and moved further towards Northfield Boulevard. • He is opposed to the applicant requesting a variance for the 20-foot setback to 15 feet. He requested for the setback to be increased. • He would like for the dumpster to be located at a different area. • Solid waste pickup should have scheduled hours. • He has concerns with the existing drainage and wants to make certain his property is not impacted from this development with stormwater drainage. 2. Mr. Randy Johnson 615 Elliott Drive – requested for the proposed restrictions being placed on this property be the same the restrictions that had been placed on the PCD property across the street. The prohibited uses should include convenience stores, gas station, and auto sales. Also, due to this property being developed into phases he requested for the buffer, egress and ingress, be completed during the first phase. 3. Mr. Gary Eakes 819 Trinity Drive – has concerns with the traffic signal at the intersection at Northfield Boulevard and Battleground Drive. Also, he wants to make certain Oakhaven Drive is not impacted with vehicle traffic where the City owns an existing right-of-way. Last, he requested for the zoning request be denied until there is an actual proposal for this property to be developed. Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green began to address the concerns and questions that had been asked. • The PCD request is a tailored made zone with specific elements that are not required with bulk zoning. • The PCD zone is appropriate in regulating any future development. • The applicant has provided a list of permitted and prohibited uses for their property. 8 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 • Prohibited uses requested during the meeting have been gas stations, car lots, car repair, convenience market, packaged beer sales. If the Planning Commission agrees to the prohibited uses, they can be added to the applicant’s pattern book. • The applicant is proposing to add along the north property line and along the western property line an 8-foot tall PVC fence and a Type D buffer. • The driveway along Sulphur Springs Road had been designed further back of the property due to the signalized intersection. In addition, Staff had recommended, the applicant dedicate ROW to the City for the creation of a right turn lane along this property heading south. • The dumpster has been placed at the best location for this property. It would be placed between two buildings so there would not be two dumpsters. • A development could occur in phases on this property so the buffer could be installed during the first phase. • The proposed plan is to shift the driveway connection along Northfield Boulevard farther towards the west for a better sight distance. Our City Traffic Engineer has been involved with the design of the traffic impact with this application and the current development across the street. There would be improvements made to the road in the future. • Oakhaven Drive has been reviewed by Staff, and this zoning change would not affect Oakhaven Drive with this application. The plat shows the area as either right of way or a large sanitary sewer easement, it is unclear. At this time, the City has no interest for a public right of way connection to Oakhaven Drive. The Planning Commission began discussing the application and agreed the buffer, fencing and the egress and ingress should be completed during the first phase. In addition, they expressed their concerns about permitted uses in a PCD zone. Mr. Clyde Rountree came forward stating they had provided a comparison list of allowable uses on page eight in the applicant’s pattern book. They try to make the list as flexible as possible to maximize their opportunities. If the use is not 9 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 permitted in the comparable CF zone, it would not be permitted with their zoning application. However, the applicant would like to keep the convenience market as a permitted use. Ms. Green stated, during a due diligence process the applicant would be made aware what uses were allowed, the applicant would know and the uses would be addressed before site plan review. Mr. Chase Salas made a motion to approve subject to all staff comments including the following: • The developer of the property would be required to add the buffer, fencing, egress and ingress, during the first phase of development. • The developer of the property would be required to add right of way improvements for a right in/right out only along Northfield Boulevard. • No left turn onto Northfield Boulevard would be permitted from this property. • The developer of the property would be required to include a right turn lane along Sulphur Springs Road towards Northfield Boulevard. • No gas stations permitted, no vehicle sales permitted, no vehicle lots permitted, no vehicle repairs permitted. The motion was seconded by Mr. Eddie Smotherman. The motion carried by unanimous vote in favor. Annexation Petition and Plan of Services [2019-506] for approximately 11 acres located along Florence Road, Saraswat Family Trust applicants. Ms. Margaret Ann Green summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Chair Kathy Jones opened the public hearing. Ms. Gloria Shelton 2001 Florence Road – opposes the annexation request because the information provided for this property had been misleading. She suggested this proposal includes two annexation requests for the property and for additional annexation of the right of way along Florence Road. 10 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green made known she had spoken with Ms. Shelton before the meeting. She explained during their conversation there was no deception with this annexation request. All the information had been provided in the staff report and the legal notices. Mr. Smotherman stated, the reason for annexing the right of way was for the roadway is to meet all City standards. In addition, it makes known who has jurisdiction of the area and who would maintain the road. Mr. Eddie Smotherman made a motion to approve, seconded by Ms. Jennifer Garland. The motion carried by unanimous vote in favor. Zoning application [2019-420] for approximately 11 acres located along Florence Road and Pointer Place to be zoned PRD (Shelton Crossing PRD) simultaneous with annexation, Alcorn Properties LLC applicant. Chair Kathy Jones announced she would be abstaining from all discussion and vote regarding this application. 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 the applicant has asked for a specific exception not to include landscaping at the retention/detention pond area that would be fronting Florence Road. Mr. Matt Taylor and Mr. David Alcorn were in attendance for the meeting. Mr. Matt Taylor came forward to begin a power point presentation from the applicant’s program book. Ms. Jennifer Garland requested for more information regarding the setback requests. Mr. Matt Taylor explained the setbacks would pull the units close to the streets which is enforcing and adding setbacks on themselves. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Kathy Jones closed the public hearing. 11 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Ronnie Martin. There was one abstention made by Chair Kathy Jones. The motion passed. Zoning application [2019-404] for approximately 1.2 acres located along Bridge Avenue and Power Avenue to be rezoned from RM-12 to PRD (Bridge Avenue Villages PRD), Mustafa Shaban applicant. Ms. Dianna Tomlin summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Mr. Clyde Rountree and Mr. Mustafa Shaban were in attendance to represent the applicant. Mr. Rountree came forward to begin a power point presentation from the applicant’s program book. He made known the applicant has owned the property for many years, and, there is an existing rental home on the property. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Kathy Jones closed the public hearing. Mr. Eddie Smotherman made known in the applicant’s pattern book on several pages the proposed fenced was going across the sidewalk and the proposed fence would go all the way to the road. Mr. Smotherman asked for the sidewalk and fence to be corrected. Mr. Rountree stated he would make the necessary changes. Mr. Ken Halliburton wanted to know what would happen to the existing rental residence when Phase 1 was completed. Mr. Rountree answered that the applicant would like to keep the rental home as long as possible. Mr. Halliburton asked when the rental for the home would end with this proposed development concept. Mr. Halliburton requested clarification on the rental home for the two different Phases. The Planning Commission began discussing the details of the development making known their concerns with the rental property. Mr. Clyde Rountree stated he had just spoken with the applicant, who agrees to change the proposal to be developed into one complete phase. Mr. Blomeley said the demolition plans should be submitted with the construction plans for any development. 12 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Ms. Jennifer Garland made a motion to approve subject to all staff comments including the following: • This development would occur as one complete phase. • Revise the location of the fence and the sidewalk extension. The motion was seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. Zoning application [2019-418] for approximately 0.4 acres located along North Maple Street and West Lokey Avenue to be rezoned from RD to PRD (Maple Key Townhomes PRD), Buford Powell applicant. Ms. Dianna Tomlin summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Mr. Clyde Rountree was in attendance to represent the applicant. Mr. Rountree came forward to begin a power point presentation from the applicant’s pattern book. He stated this is a good fit in the City Core Overlay and would be developed in two phases. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Kathy Jones closed the public hearing. Mr. Chase Salas commented, this proposal would not fit in the CCO if it had been approved. This development would exceed the height requirements beside the neighboring properties. Mr. Rountree answered the third floor would include a cover area that could be used as outdoor living space with a structure. Mr. Warren Russell continued discussions on what could or could not be developed if the City Core Overlay had passed. He commented, this proposal would not be approved if the CCO had passed even though it is a beautiful structure. He wishes the people who had attended the meeting earlier this evening had stayed so they would understand a little bit more what the CCO is all about. Mr. Donald Anthony stated, what is being proposed at this corner lot would be in a certain 13 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 node and it would not be permitted under the CCO requirements. The applicant could only go 50 percent higher than the adjacent building. However, the applicant is requesting PRD zoning. Even if the CCO were in place, an applicant could seek individualized zoning standards through the planed development process. Mr. Ken Halliburton expressed his concerns about this application due to the conversations that been expressed earlier during this meeting. If the CCO had passed this application would not be accepted. The CCO is to protect the surrounding houses. The proposal is beautiful, but he has concerns, and he is not willing to approve a three-story building that would not be approved in the CCO. Mr. Ronnie Martin made a motion to approve subject to all staff comments, seconded by Ms. Jennifer Garland. There were two no votes made by Mr. Chase Salas and Mr. Ken Halliburton. The motion passed. Zoning application [2019-419] for approximately 13.9 acres located along North Tennessee Boulevard to be rezoned from CF to PRD (Brookwood Point PRD), Ole South Properties, Inc. applicant. Ms. Amelia Kerr summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Kerr stated, the proposed single family residential attached use in this PRD request is not consistent with the commercial uses that are recommended in the 2035 Comprehensive Plan for the commercial land use character. The Planning Commission needs to discuss the zoning request to determine if this is an appropriate use to deviate from the recommendations of the 2035 Comprehensive Plan. Staff is currently updating the 2035 Comprehensive Plan and should be providing the updates to the Planning Commission in the coming months. Mr. Matt Taylor and Mr. Dan Bobo were in attendance to represent the applicant. Mr. Matt Taylor came forward to begin a power point presentation from the applicant’s pattern book. Mr. Taylor addressed the PRD request, stating it was appropriate due the surrounding area on their side of Tennessee Boulevard being a residential zone. On the other side of the street along Tennessee 14 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Boulevard is the CF zone. Continuing, Mr. Taylor explained, due to wetlands being discovered on this property, it will be platted to preserve the wetlands. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Kathy Jones closed the public hearing. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Zoning application [2019-409] for approximately 2.88 acres located at 1126 Rucker Lane to amend the Marymont Springs PUD to add “tavern” use, Jeff and Sherris Brown applicant. Mr. Ronnie Martin announced he would be abstaining from all discussion and vote regarding this zoning application. Ms. Marina Rush summarized the staff report, which had been made available to the Planning Commission in their agenda packet. Ms. Rush made known a neighborhood meeting had been conducted on April 9, 2019. Approximately 40 people had attended the meeting and comments had been made such as the potential for traffic increase and noise. Mr. Clyde Rountree, Mr. Jeff Brown and Ms. Sherris Brown, were in attendance to represent the applicant. Mr. Clyde Rountree came forward to begin a power point presentation from the applicant’s pattern book. Mr. Rountree explained, this request would not be a bar, the applicants are proposing an upscale, quiet, afterhours, wine bar for relaxation. Chair Kathy Jones opened the public hearing. 1. Mr. Robert Frase 1931 Rolling Creek Drive – opposes the zoning request due to traffic, light pollution, and noise beside a residential neighborhood. 2. Ms. Sherris Brown the applicant – came forward to make known this request is not a tavern. All private parties would be held upstairs, inside, the mansion. If approved, it would bring additional revenue to Murfreesboro and the property would remain as an historical value for the community. 15 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 Mr. Ken Halliburton wanted to know if there would be outdoor events with tents. Ms. Sherris Brown explained that if any events were outside, they would be very small. The courtyard area is small and is to be used for outdoor sitting. Mr. Chase Salas asked if there were an opportunity for someone to rent out the entire property for a special event. Ms. Sherris Brown answered no. Chair Kathy Jones closed the public hearing. Ms. Marina Rush made known in the applicant’s pattern book there is not any language to address events and tents. The Planning Commission can recommend whether or not to address control of outdoor tents to the pattern book. Mr. Ken Halliburton said it would be a good idea in case there were new owners in the future. Ms. Jennifer Garland asked whether this facility could be used as an event venue. Mr. Matthew Blomeley answered that with the current zoning, it could be used as an event venue. In addition, restrictions could be placed for future events with reasonable conditions. Ms. Marina Rush made known the applicant’s primary intent is to have an upscale wine bar and would be offering occasional events. Mr. Eddie Smotherman commented that the applicant has an opportunity to restore a deteriorated historical home for a use that hopefully would be successful. Or the structure could be destroyed and replaced with multifamily housing or a basketball court. Mr. Adam Tucker commented, to address the noise ordinance, this property would be subject to the same sound level restrictions that would apply from a sound emanating from one house in the residential subdivision to the adjacent residence. Mr. Warren Russell made a motion to approve subject to all staff comments, seconded by Ms. Jennifer Garland. There was one abstention made by Mr. Ronnie Martin. The motion passed. 16 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 10, 2019 There being no further business the meeting adjourned at 9:45 p.m. ________________________________ Chair _________________________________ Secretary DA: cj 17

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