Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 6:00 p.m. City Hall Members Present Staff Present Kathy Jones, Chair Donald Anthony, Planning Director Ken Halliburton, Vice Chair Matthew Blomeley, Assist. Planning Director Eddie Smotherman Margaret Ann Green, Principal Planner Chase Salas Marina Rush, Principal Planner Warren Russell Amelia Kerr, Planner Ronnie Martin Carolyn Jaco, Recording Assistant David Ives, Assistant City Attorney Sam Huddleston, Executive, Dir. Of Dev. Services Nate Williams, Parks & Recreation Direction Chair Kathy Jones called the meeting to order after determining there was a quorum. Old Business Zoning application [2019-422] for approximately 24.15 acres located along Shelbyville Pike to amend The Marketplace at Savannah Ridge PUD to modify the site and building design, Baker Storey McDonald applicant. Ms. Marina Rush began by explaining this zoning application had been deferred at the August 7, 2019, Planning Commission meeting. The reason for the deferral was to allow the applicants additional time to improve their building elevations and revise their pattern book. Ms. Rush summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. She made known a public hearing had been conducted and closed at the August 7, 2019, meeting; therefore, there would not be another public hearing for this request. Mr. Clyde Rountree and Mr. Steve Maher were in attendance to represent the applicant. Mr. Steve Maher came forward making known the amended request has been better defined with improved details with the architecture. He began a power point presentation from the applicant’s pattern book explaining this being a unified retail development with rich materials of different colors of brick, natural stone, metal panels and hardy board. All of the buildings had been designed from the recent approved City guidelines. The footprint of the large single-story building appears as 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 two-stories; however, it is most likely to be a one-story building. The proposed townhomes would include masonry materials with cementitious panels and variations in roof heights and slopes. Chair Kathy Jones wanted to know if the buffers had addressed for the townhome area. Mr. Clyde Rountree explained they have proposed a Type B buffer at the townhomes, along Wycheck Lane and Titus Circle, behind the retail area. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Eddie Smotherman. The motion carried by unanimous vote in favor. Zoning application [2019-421] for approximately 1.01 acres located at 4431 Veterans Parkway to be zoned CH simultaneous with annexation, Overall Creek Partners, Inc. applicant. Ms. Marina Rush began by explaining this zoning application had been deferred at the August 7, 2019, Planning Commission meeting. The reason for the deferral was to allow the applicants additional time to prepare for a conceptual site plan to help show how the property could be developed commercially. Now, the applicant has added to their pattern book a conceptual site plan which had been provided to the Planning Commission in the agenda packet. Ms. Rush stated the conceptual plan demonstrates the challenges of this type of development on a parcel of this size and shape. However, it does not alleviate staff’s original concerns for this zoning request not being a cohesive development in this area. The Planning Commission began discussing the conceptual site plan and asked if the applicant had approval from the joining property owners to allow access connections on the north and south of their property. Mr. Bill Huddleston representing the applicant came forward stating they are showing the access points on the conceptual plan; however, they do not have approval for access with the joining property owners. These are defined access’s with good separation with the joining property on the south side. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 Mr. Eddie Smotherman made a motion to defer, seconded by Mr. Ronnie Martin. The motion carried by unanimous vote in favor. Public Hearings Zoning Application [2019-430] for approximately 26.2 acres located along Cherry Lane to be rezoned from RS-15 to P, City of Murfreesboro applicant. Ms. Margaret Ann Green summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. 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 [2019-509] for approximately 10.6 acres located along Asbury Lane and Asbury Road, Pretoria Rentals Trust applicant. Chair Kathy Jones announced she would be abstaining from all discussion and vote regarding this application. Ms. Margaret Ann Green summarized the annexation request from the staff report, which had been provided to the Planning Commission in the agenda packet. Chair Kathy Jones opened the public hearing. 1. Ms. Kitti McConnell 3818 Asbury Road – opposes the annexation request. She came forward to make known her concerns as being the following: • The encroachment and building being within a floodplain/floodway. • The existing water mains in this area need to be relocated. • Any existing living trees within one foot of her property fenced area should be protected. • A water well located on her property should be protected. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 • Landmark homes should use light color roof materials to help protect from additional heat in the area. • The increase of traffic should be addressed with this development such as adjusting traffic signal times at other intersections, and other improvements as needed along Old Nashville Highway. 2. Mr. Christopher Bennet 3818 Asbury Road – opposes the annexation request. 3. Mr. Doug Hayes 3858 Asbury Road – opposes the annexation request. He provided information to the Planning Commission making known his concerns of a high-density development in this area and the public safety on Medical Center Parkway and Asbury Lane. 4. Ms. Sonette Myburgh 3790 & 3798 Asbury Lane - owner of the property came forward stating that Medical Center Parkway is the problem for this area. Asbury Lane does not have any traffic issues. She requested for the annexation request be approved. 5. Mr. Richard Silk 1103 Scotland Drive – opposes the annexation request. He wanted to know if FEMA regulations had been addressed due to the amount of water in this area. Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green explained the City of Murfreesboro has adopted FEMA’s regulations in the City’s Zoning Ordinance. There are various types of water that has to be addressed with development such as FEMA’s regulations and the City of Murfreesboro Stormwater Regulations for Quality of Water and Quantity of Water. Regarding improvements for signage and clearing of brush on Asbury Lane and Old Nashville Highway, would be handled by Rutherford County Highway Department. Mr. Sam Huddleston came forward to address the concerns regarding the timing of traffic signals along Medical Center Parkway. He explained the City has requested for a proposal from a traffic firm to conduct a traffic analysis of Asbury Lane and Medical Center Parkway. The study would 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 provide data and recommendations for this area. The study should be available within the next three to six months with implementations from the study to be considered. Once funding is approved for capital improvements it could take several years before road improvements occur. Mr. Ronnie Martin made a motion to approve the annexation petition and plan of services, subject to all staff comments, seconded by Mr. Chase Salas. There was one abstention made by Chair Kathy Jones. The motion passed. Zoning application [2019-427] for approximately 10.6 acres located along Asbury Lane and Asbury Road to be zoned PRD (Pretoria Falls PRD) simultaneous with annexation, Landmark Homes of TN applicant. Chair Kathy Jones announced she would be abstaining from all discussion and vote regarding this application. Ms. Margaret Ann Green summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. She made known a neighborhood meeting had been conducted on August 26, 2019, at Blackman Community Center. The meeting had been well attended. If this zoning application is approved the applicant would be responsible to make road improvements to address their proposed access along Asbury Lane and Asbury Road to accommodate the development. Ms. Green voiced her concerns regarding the size of the proposed garages being too small. The homes would not be fronting Asbury Lane or Asbury Road. Therefore, a landscaping berm with landscaping would be installed to provide a screen for the back of the homes. In addition, the applicant has addressed the City’s future road connectivity in this area from the 2040 Major Transportation Plan. Mr. Rob Molchan, Mr. Brian Dunn and Mr. Gary Wisniewski were in attendance for the meeting. Mr. Brian Dunn came forward to begin a power point presentation from the applicant’s pattern book. Mr. Gary Wisniewski came forward to explain this would be a quality development. The development would include a playground area, seating areas and dog bark. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 Mr. Chase Salas voiced his concerns regarding a comment that had been made about this development would include 50 percent of green space. Mr. Brian Dunn came forward stating this would be a Horizontal Property Regime which there are no lot lines. Everything within the boundary line of the property that would not be developed (5.4 acres) is considered as dedicated open space which is owned by the HOA. Chair Kathy Jones opened the public hearing 1. Mr. Daniel Brunner 3696 Asbury Lane – opposes the zoning request. He wants to make certain the environment and the neighbor’s privacy is preserved. 2. Mr. Doug Hayes 3858 Asbury Road – opposes the zoning request. He requested for the density be reduced to help with the burden of traffic, schools and green space. 3. Mr. Richard Silk 1103 Scottland Drive – opposes the zoning request. He feels this development would become in the future like a Baltimore ghetto. He requested for the density be decreased, to address the impact of traffic, schools, FEMA, etc. 4. Mr. Keith Gamble 3867 Asbury Road - opposes the zoning request. He lives on historic property that once had been a field hospital during the Civil War. He requested for protection of the environment of Overall Creek within this area. 5. Ms. Kitti McConnell 3818 Asbury Road - opposes the zoning request. 6. Mr. Christopher Bennet 3818 Asbury Road – opposes the zoning request. He feels the density increases the risk of safety for the existing residents. 7. Ms. Sherry Brown 3818 Asbury Road – opposes the zoning request. The City does not have immediate plans to improve the traffic concerns at this time. Chair Kathy Jones closed the public hearing. Ms. Margaret Ann Green made known if the zoning application is approved the following would be addressed: 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 • Both the Murfreesboro City Schools and Rutherford County Schools would be able to accommodate school age children. • This proposal would have to provide a grading plan and storm water calculations to address detention ponds and retention ponds for this property. • Meet all stormwater regulations. • After a grading plan has been submitted and reviewed the applicant would provide a tree survey to make known the preservation of healthy trees which would allow credits and different types of incentives to preserving trees with this development. • The applicant would have to meet all regulations protecting the stream banks. • This development would not have any resemblance of row houses in the city of Baltimore. • The applicant could consider reducing the density. • The developer has reviewed the MTP and has made accommodations for the possibility of a future road in this area. Mr. Ryan Loveless, representing the applicant came forward to address the concerns that were made regarding this development and meeting FEMA regulations. He made known if this zoning application is approved, they would have to meet the following: • Submit grading plans for review and approval by City staff and by FEMA. • Provide construction plans for review and approval. • All finish floors would be required to one foot or higher above the floodplain. • Provide a topographic survey making known they are out of the flood plain. • Provide information to make known no additional runoff would occur onto joining properties after raising the elevations of property. Mr. Eddie Smotherman requested for the detention ponds and the hammerhead parking area be above the floodplain. He wanted to make certain these items were addressed. He also voiced his concerns that he does not see fifty percent of green space with this development. Also, he had 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 concerns with a road connection being considered in the middle of the proposed development. In addition to the increase of traffic being proposed on substandard county road, garages and the issues with solid waste pickup. Lastly, this is not a ghetto project; however, he feels this proposal is too dense. Mr. Ronnie Martin stated there are several areas in the City which we have infringed into the floodplain. We have good ordinances in place to address floodplain with development. He feels the density being requested would not create failure to Asbury Lane and Medical Center Parkway. We have long range plans and know this area needs improvements. Currently, there are a few access points in place today that are not favorable. There are certain times of the day when it is difficult to get out onto Medical Center Parkway, just like many other intersections in our City. For these reasons, he would support this proposal. Mr. Ken Halliburton wanted to know if the roadway improvements and turn lanes for this development would occur; before, or after development begins. He feels the roadway improvements should occur sooner not later. Also, there is a hammerhead area and a dog park being proposed but there are no parking spaces available in those areas. He feels the applicant should add parking spaces with the dog park. Mr. Gary Wisniewski came forward stating he would add parking spaces at the dog park and raise the hammerhead above the floodplain. Also, the turn lane improvements would occur before the first house was finished and while they are paving the roads in phase one. Mr. Chase Salas made a motion to approve subject to all staff comments and to include the following: • Add vehicle parking at the dog park. • Raise the hammerhead area and the dog park area to be in the 100-year flood plain. • Road improvements should be completed before the first Certificate of Occupancy is issued. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 • Improve the width of the garages. • Improve the solid waste pick up. The motion was seconded by Mr. Ken Halliburton. There was one opposition made by Mr. Eddie Smotherman. There was one abstention made by Chair Kathy Jones. The motion passed. Zoning application [2019-428] for approximately 8.14 acres located along Shores Road to amend the Westlawn PUD to modify the buffering and screening plan along Shores Road, D.R. Horton, Inc. applicant. Ms. Marina Rush summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Rush made known the applicant had requested for a deferral of this zoning application until October 2, 2019. The applicant would like to conduct a neighborhood meeting with the HOA to provide the residents additional information and clarification regarding this request. Mr. Rob Molchan was in attendance to represent the applicant. Mr. Molchan came forward to begin a power point presentation from the applicant’s pattern book. Chair Kathy Jones opened the public hearing. 1. Mr. Ray Mathes 3521 Shores Road –supports this proposal as long as the existing berm is not disturbed. 2. Mr. Bobby Davis 6327 Hickory Hill Drive – supports this proposal as long as the existing berm is not disturbed. Why are there color stakes out along this property. He requested for the large pile of dirt that had been left on his property to be used with the new proposed berm. Chair Kathy Jones closed the public hearing. Mr. Rob Molchan came forward making known the stakes are showing the actual property lines after the right of way dedication. They were placed for them so they could design this request 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 appropriately in case there is ever a future roadway in this area. At this time there are no plans to expand Shores Road in the near future. Mr. Eddie Smotherman made a motion to defer, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Mandatory Referral/ROW Abandonment [2019-715] to consider the abandonment of existing road rights-of-way adjacent to the Murfreesboro Housing Authority property, including East Lokey Avenue, North Academy Street, Jetton Drive, Christy Court, and Palm Court, Huddleston Steele Engineering, Inc. applicant. Ms. Amelia Kerr summarized the Mandatory Referral/ROW Abandonment request from the staff report, which had been provided to the Planning Commission in the agenda packet. She recommended any approval of the ROW abandonment request be made subject to the following comments: 1) North Academy Street shall remain public. The quitclaim deed abandoning this segment of right-of-way shall not be recorded until a plat dedicating new right-of-way has been recorded. 2) East Lokey Avenue from North Academy Street westward shall remain public. The quitclaim deed abandoning this segment of right-of-way shall not be recorded until a plat dedicating new right-of-way has been recorded. 3) A public-to-private transition/delineation shall be provided at the eastern terminus of the East Lokey Avenue right-of-way. 4) All existing and proposed drainageways shall be placed in drainage easements meeting City standards. In addition, utility easements shall be recorded to accommodate existing utilities as needed, including but not limited to sanitary sewer, electric, Comcast, and AT&T. 5) The applicant shall be required to submit the necessary documents to the Legal Department required to draft the quitclaim deed. 6) The applicant shall be responsible for recording the quitclaim deed. 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 7) The abandoned ROW shall be incorporated into the existing parcel(s) via a subdivision plat recorded at the Register of Deeds Office. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the mandatory referral; therefore, Chair Kathy Jones closed the public hearing. Mr. Ronnie Martin made a motion to approve subject to all staff comments, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Mandatory Referral/ROW Abandonment [2019-717] to consider the abandonment of a segment of East Sevier Street right-of-way east of South Academy Street, SEC, Inc. applicant. Ms. Amelia Kerr summarized the Mandatory Referral/ROW Abandonment request from the staff report, which had been provided to the Planning Commission in the agenda packet. She recommended any approval of the ROW abandonment request be made subject to the following comments: 1) The applicant shall be required to submit the necessary documents to the Legal Department required to draft the quitclaim deed. 2) The applicant shall be responsible for recording the quitclaim deed. 3) The abandoned ROW shall be incorporated into the existing parcel(s) via a subdivision plat recorded at the Register of Deeds Office. 4) Utility and access easements shall be recorded to accommodate the existing residence and utilities, including but not limited to sanitary sewer, electric, Comcast, and AT&T. Chair Kathy Jones opened the public hearing. 1. Mr. Michael Barret – opposes the ROW abandonment. His family owns the joining property and opposes Greenhouse Ministries purchasing the property for their use. 2. Mr. Ben Barrett – opposes the ROW abandonment. His family property in this area has become a campground for the homeless people whom have created a nuisance for their 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION SEPTEMBER 4, 2019 family. They do not want Greenhouse Ministry to expand in this area. However, they would be willing to sell their property to Greenhouse Ministry. 3. Mr. Bill Rawnsley CEO Greenhouse Ministries – came forward making known their ministry helps those at the poverty level. They are trying to change the lives of over 35,000 people whom are at poverty level. Their ministry helps provide hope, practical needs, educate, and to change their lives. Greenhouse Ministries would like to construct a building in this area to provide assistance to those in need. Chair Kathy Jones closed the public hearing. Ms. Kerr came forward to make known this request is for the abandonment of the property. It is not for disposition of the property which would be a different process. Mr. Ken Halliburton stated whatever we do with the application request would not solve the issues that have been mentioned. This is a relationship between Greenhouse Ministries and the Barrett family. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Chase Salas. There was one no vote made by Mr. Eddie Smotherman. The motion passed. Staff Reports and Other Business Mr. Donald Anthony reminded the Planning Commission the fall retreat on September 27, 2019, at Barfield Park Wilderness Station. Mr. Anthony made known there would be key speakers at the retreat to discuss City sewer capacity, City Parks and Recreation Master Plan, etc. There being no further business the meeting adjourned at 9:25 p.m. _____________________________ Chair ______________________________ Secretary DA: cj 12