Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 6:00 P.M. CITY HALL MEMBERS PRESENT STAFF PRESENT Kathy Jones, Chair Matthew Blomeley, Acting Planning Director Ken Halliburton, Vice-Chair Marina Rush, Principal Planner Eddie Smotherman Jafar Ware, Planner Warren Russell Carolyn Jaco, Recording Assistant Ronnie Martin Roman Hankins, Assistant City Attorney Chase Salas Sam Huddleston, Exec. Director Dev. Services Jennifer Garland Adam Tucker, City Attorney David Ives, Deputy City Attorney Darren Gore, Assistant City Manager Chair Kathy Jones called the meeting to order after determining there was a quorum. The minutes of the September 18, 2019 and October 2, 2019 Planning Commission meetings were approved as submitted. Old Business 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. WITHDRAWN New Business Zoning application [2019-433] for approximately 23 acres located along Veterans Parkway to be rezoned from RS-10 to PRD (Veterans Cove PRD), Alcorn Properties, LLC applicant. Ms. Marina Rush summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. The developer had conducted a neighborhood meeting on August 12, 2019, which was well-attended. The concerns that had been made by the neighbors had been drainage and possible flooding. In addition, Ms. Rush explained the proposal is an increase in density from what is recommended in the Suburban Residential land use character from the Murfreesboro 2035 Comprehensive Plan. 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 Mr. David Alcorn and Mr. Nathan Melson were in attendance representing the application. Mr. Nathan Melson came forward to begin a PowerPoint presentation to provide information from the pattern book. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application. Chair Kathy Jones closed the public hearing. Mr. Eddie Smotherman wanted to know the density if the property remained as an RS-10 zone. Mr. Matthew Blomeley stated it was difficult to know how many RS-10 lots could be developed due to the environmental limitations on the property. Mr. Melson came forward stating due to the limitations it could be developed as RS-10 with approximately 55 to 60 lots. Mr. Smotherman commented this proposal would not be a significant increase in lots if the entire property could be developed as RS-10. Mr. Ken Halliburton made a motion to approve the zoning application subject to all staff comments, seconded by Mr. Eddie Smotherman. The motion carried by unanimous vote in favor. Proposed amendment to the Zoning Ordinance regarding Section 24. Overlay District Regulations, Article VI. CCO, City Core Overlay District [2019-807], pertaining to the CCO zoning district, City of Murfreesboro Planning Department applicant. Mr. Matthew Blomeley began by describing the proposed amendment to the Zoning Ordinance regarding the City Core Overlay District from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Blomeley commented that the proposed regulations are to help to spur development and redevelopment. This proposal is not to hinder development or redevelopment. The proposed regulations would be an attempt to grant more flexibility than the existing regulations in respect to setbacks, lot coverage, and other site design for the downtown area. Chair Kathy Jones opened the public hearing. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 Mr. Mark Heiland 721 N. Spring Street – came forward wanting to know what was the necessity of the City Core Overlay, and why is there a list of prohibited uses included with this amendment? Chair Kathy Jones closed the public hearing. Mr. Matthew Blomeley made known the reason for the list of prohibited uses is to establish the vision on how the City wants the City Core to be developed. It is important to protect areas in the City Core Overlay. The Planning Commission began to discuss the list of prohibited uses and agreed it is common practice when a planned development is applied for. A list of prohibited uses is to protect the existing neighborhood. Mr. Blomeley made known “The Bottoms” historic area is an industrial area. The Planning Commission agreed the list of prohibited uses would not be appropriate in the downtown area. Overall, it is good to have this list in place to have protection and to improve the neighborhood. Mr. Eddie Smotherman made a motion to approve as presented, seconded by Mr. Ronnie Martin. The motion carried by unanimous vote in favor. Zoning application [2019-438] for 2,348 lots (approximately 920 acres), as shown on accompanying map, to be zoned City Core Overlay (CCO), City of Murfreesboro Planning Department applicant. Mr. Matthew Blomeley began by describing the zoning application from the staff report, which had been provided to the Planning Commission in the agenda packet. Once the regulations are in place it would allow expanding the boundaries of the CCO to include “The Highland Avenue” study area, “The Bottoms” study area. This proposal would allow some uses to be by right and some structures to be by right instead of going through the zoning process and regulations. The proposed City Core Overlay District map would be consistent with the current development patterns. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 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 complimented the Planning Department Staff and the former Planning Director, Mr. Donald Anthony, for the improvements that have been made to the City Core Overlay. There had been several neighborhood meetings conducted here at City Hall and the language for the CCO has been defined with clarity. Mr. Eddie Smotherman made a motion to approve the zoning application and accompany map, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Annexation plan of services and annexation petition [2019-508] for approximately 65 acres located along Northwest Broad Street, Springboard Landing, Inc. and Mary Hord Haymore Children, LP applicants. Mr. Matthew Blomeley began by describing the annexation petition from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Blomeley made known Murfreesboro Electric Department does not have the capacity to serve the entire property. However, with the additional infrastructure improvements at the expense of the developer, MED would be able to serve the entire property as it develops. Chair Kathy Jones opened the public hearing. 1. Ms. Nicole Barnes 5080 Florence Road – came forward to made known she was representing the property owner from JourneyPure. This is a private medical facility which borders this property. They request to have information regarding a natural buffer being placed beside their property. Chair Kathy Jones closed the public hearing. Mr. Blomeley requested for the buffer to be addressed during the applicant’s zoning request. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 Mr. Ken Halliburton made a motion to approve the annexation plan of services and annexation petition subject to all staff comments, seconded by Mr. Chase Salas. The motion carried by a vote of 6-1 (Mr. Smotherman voted no). Zoning application [2019-424] for approximately 65 acres located along NW Broad Street to be zoned PUD simultaneous with annexation and approximately 13 acres to be rezoned from RS-15 and L-I to PUD, DR Horton applicant. Mr. Matthew Blomeley began by describing the zoning application from the staff report, which had been provided to the Planning Commission in the agenda packet. The uses being proposed would be permissible per the comprehensive plan; however, the form of this development is not in keeping with the vision for the property put forth by the 2035 Comprehensive Land Use Plan. Continuing, Mr. Blomeley commented on how this proposal had been reviewed several times during the Planning Commission day meetings. Therefore, the applicant has addressed the following: • Increased the amount of commercial area along NW Broad Street (page 24). • Changed the uses permitted in the commercial area from those normally permitted in the CH zone to CF instead and eliminated some of the objectionable uses such as taverns, vehicle wash, gas stations, general service and repair, and quick cash/payday loan (page 25). • Flipped the location of the townhomes nearest to NW Broad Street to the other side of the street (concept plan- page 13). • Added a playground, formal and active space in the long, straight road to break up the “sea of monotony” (concept plan- page 13). • Removed monument signage and mail kiosk as an amenity and defined clubhouse, pool, playgrounds, walking trails, and a possible kayak/canoe launch (page 19). • Increased the buffer width between the townhomes and property lines of the incompatible industrial uses to 20-feet wide. This change did not increase the amount of plant material 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 from the smallest amount Type A to a Type C and did not add an undulating berm as requested (page 22 & 23). • Included a stub-road at Overall Creek (concept plan- page 13). • Revised the architectural elevations in an effort to reduce the “snout-house” effect with the addition of porches. Added some detail/fenestrations to the houses in an effort to improve the architectural character (page 16-18). Mr. Blomeley requested that, if this proposal is approved, the following should be addressed before a City Council public hearing is scheduled: • Allow staff to continue working with the applicant on the landscaping, berms, plantings, etc. • Allow staff to continue working with the applicant regarding improvements to be made on the side elevations. • The amenities for each phase should be in place for each completed phase before Certificate of Occupancy is issued. Mr. Matt Taylor, Mr. Rob Molchan, Mr. Matt Dowdle, and Mr. Danny Clawson were in attendance to represent the application. Mr. Taylor came forward to begin a PowerPoint presentation from the applicant’s pattern book by providing the following: • Access points include two primary access points with turn-lane improvements on NW Broad Street and a new signal on NW Broad Street at Singer Road. One stub street and a dedicated right-of-way for future connectivity. There would be interconnectivity within the commercial lots towards the signalized intersection. • They feel they have adequately addressed the buffering and that the buffering complies with the Zoning Ordinance. • The phasing on the amenities would be constructed after a maximum of 60-80 lots before a next phase. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 • To address the side elevations which face the right-of-way they have included a Type C buffer. Mr. Ken Halliburton wanted additional information regarding the parking spaces for the townhomes. Mr. Taylor stated the townhomes would have one car space for the garage and two vehicle spaces in the driveway. In addition, the townhome area would include visitor parking area. Mr. Halliburton asked if on-street parking would be prohibited. Mr. Taylor stated this could be added into the Home Owners Association documents. Chair Kathy Jones expressed her concerns regarding the buffer along the townhome side. Also, she voiced her concerns regarding the pool amenity being added after a certain phase. Mr. Matt Taylor stated they would like to have the pool in operation after 100 to 150 houses were constructed. Mr. Matthew Blomeley requested for each amenity be constructed with the appropriate section such as the playgrounds, pavilion, canoe launches, etc. These should be constructed prior to the plat being recorded for that particular section. Continuing, Mr. Blomeley made known staff was agreeable to the pool amenity being completed after 100 to 150 homes were constructed. Mr. Eddie Smotherman wanted to know if the applicant had any concerns from the discussions of Murfreesboro Electric Department merging with Middle Tennessee Electric. If the merging occurred, would MED be able to provide services for the entire development? Mr. Matt Taylor explained they had met with MTEMC and MED regarding their proposal at the same meeting. Regardless of the merger, this development would have utility services for the entire development. Mr. Eddie Smotherman commented on the applicant’s pattern book being misleading. The pattern book displays front yards for the townhomes. In reality, there would not be any front yards for the townhomes due to the garage in front with a wide driveway. He feels the picture is deceptive by nature and misleading. In addition, his biggest concern is the location of this development being close to Smyrna. The residents would be shopping in Smyrna instead of Murfreesboro. He 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 feels the City services that would have to be provided for the residential area would not have any tax base recovery. He feels this project is in the wrong area. Chair Kathy Jones opened the public hearing. 1. Ms. Nicole Barnes 5080 Florence Road – came forward making known she is the Director of Operations from the adjoining property known as JourneyPure. She made known they have concerns with this proposal due to their private medical facility. She requested for a Type D buffer be placed between the two properties. 2. Mr. Danny Clawson – representing DR Horton came forward requesting for this zoning application be approved. He commented on this being a beautiful piece of property having a river that could be utilized with a residential zone. He feels it would be a waste to use the property for light industrial use or commercial use. If approved he agreed to provide the following: • Fully disclose what is beside this property for potential buyers which would require their signature stating they know what is beside this property. • They would continue to work on the details regarding the buffer. Chair Kathy Jones closed the public hearing. Mr. Ronnie Martin commented on this proposal being mixed-use with greenspace. The applicant has made improvements to this proposal since the original submittal. Also, the property is surrounded with other properties that are in the City limits. He feels that having 380 rooftops in this area would drive more commercial uses. He supports the zoning application. Mr. Darren Gore came forward stating the master plan for the Florence Road area had a density of 3.3 units per acre. However, he would have to revisit the master plan with the current uses in this area. He made known Water Resources could support the 5.3 units per acre with the current sewer capacity. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 Mr. Ken Halliburton stated there are outstanding issues that need to be agreed upon with Staff and the applicant before this proposal moves forward. Also, he would like for the applicant’s pattern book be revised to make known how the townhomes would actually look like. He recommended to defer until all issues were resolved. Mr. Matt Taylor stated he would update the pattern book and would work with Staff on the details for the buffer and the proposed amenities. Ms. Jennifer Garland stated she is in favor of the proposal due to the commercial and residential being brought into the City within this area. She recommended for the applicant to continue working with Staff. Mr. Warren Russell commented that Lots 40-56 appear to be right on JourneyPure’s property line. Mr. Taylor made known there is approximately 300-400 feet from the applicant’s property line to one of JourneyPure’s buildings. Mr. Blomeley suggested for Mr. Taylor have conversations with Ms. Barnes to address the concerns regarding landscaping such as aesthetics, prohibiting access onto their property, and what type of a buffer with a berm would work best. Ms. Jennifer Garland commented on how the end units could be improved. Mr. Taylor made known there would windows on the first and second floor of the end units. Mr. Blomeley asked for improvements to be made for the facades that faces the rights-of-way with a brick or stone water table, etc. Mr. Taylor asked for a deferral at this time. Mr. Ronnie Martin made a motion for an indefinite deferral, seconded by Mr. Ken Halliburton. The motion carried by a vote of 6-1 (Mr. Smotherman voted no). Staff Reports and Other Business Consideration of Sewer Allocation Ordinance [2019-S101], City Administration Department. Mr. Darren Gore came forward to explain the Sewer Allocation Ordinance which had been discussed during two different City Council workshops, during a Planning Commission meeting 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 and during a Stakeholder meeting. He began a PowerPoint presentation to provide information from the ordinance which included basin studies from 1999 and 2005 regarding the use and size of their sewer collection system (pipes and pumps). • Overall Creek includes a pipe size to handle 41,844 single-family units, 2.73 units per acre. • Buchanan includes a pipe size to handle 8,465 single-family units, 3.55 units per acre. • Salem includes a pipe size to handle 6,782 single-family units, 3.79 units per acre. • Rockvale includes a pipe size to handle 3,852 single-family units, 2.72 units per acre. • Lytle Creek includes a pipe size to handle 31,501 single-family units, 3.33 units per acre. Currently, the Water Resource Department plant can handle 27,000 single-family units in the future. To date, the issue that is occurring is the size of the pipes that have been made to handle a certain density in these watersheds. The Water Resource Department is seeing higher densities than what the pipes and pumps had been designed for. Continuing, Mr. Gore stated the purpose of the draft ordinance affects density of development based on limitations regarding sewer collections system capacity. He requested for the Planning Commission to recommend to City Council for the future annexations, zoning, and rezoning requests be coordinated with single-family unit densities that the sanitary sewer system can serve. He explained the percentages of the residential permitting trends from 2000 to 2018 show a 38 percent decrease in detached single-family units, 26 percent in multi-family units, and 12 percent increase in single-family attached units. There is a 12 percent increase in densities across the City over the last 19 years which is more than what the sewer systems were designed for. Based on the population projections for 2029, we will be reaching our average daily flow of 24 million gallons a day in ten years. Mr. Gore stated the goal for this Ordinance is to take future land use and maintain 3.4 single- family units per acre. In addition, he provided a sanitary sewer allocation recommendation table with a flux rate to address future land uses such as commercial, industrial, park, low-density 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 residential, medium-density residential, and high-density residential. There would be a future land use map to refer to and to target the sewer allocation with all future land uses. This proposal would address the 12 percent capacity level for the next 10 years. Mr. Gore complemented Mr. Gerald Lee, from the City IT Department, for his assistance in providing the mapping details which provides the details of acreage of parcels in the Urban Growth Boundary. Mr. Gore stated the Sewer Allocation Ordinance would include the following: • A process to petition the City Council for additional allowance above pre-set allocation limits. • At the time of application and “will serve” request, a 10% fee of the overall sewer connection fees and special sewer assessment fees are due for vesting of sewer rights for a 30-month period. • Additional 10% will retain vesting rights every 30-months up to 10-years. • Vested rights are not transferrable. • All fees will be credited to the total fees associated with the project. • Fees are not refundable in the event the project is not constructed. The transition or phase-in of Implementation & Draft or Grandfathering or Exempting would include the following: 1. Projects that have received a will-serve letter from the City less than 365 days before this Resolution’s effective date; 2. Projects where the developer has undertaken a capacity study and has demonstrated adequate capacity for the proposed development density; 3. Projects whose site plan receives Planning Commission or Administrative approval within 90 days of this Resolution’s effective date; 4. Projects whose preliminary plat receives Planning Commission or Administrative approval within 90 days of this Resolution’s effective date; 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 5. Projects subject to current bulk zoning requirements, provided the site plan or preliminary plat for such projects receives Planning Commission or Administrative approval within 90 days of this Resolution’s effective date; and applicant may request a higher sewer allocation per the proposed ordinance prior to or simultaneous with the submittal of a site plan or preliminary plat. 6. Planned development projects whose development plan has been approved by the Planning Commission and City Council prior to the effective date of this Resolution. 7. Planned development projects for which a current rezoning application has been received by the City and whose approval by the Planning Commission and/or City Council is pending as of the effective date of this Resolution. In closing, Mr. Gore explained once the Sewer Capacity Allocation Ordinance is approved, they would have to determine the inventory of “committed” single-family units that are currently approved. Next, start accounting City commitments for single-family units and audit remaining Water Resource Recovery Facility capacity. This may need to be reviewed every year or 6 months for updates and recommendations. The Planning Commission began discussions on the use of sewer capacity for future opportunities. Mr. Martin commented that the 3.39 density does not mean that every development being proposed has to be a 3.39, because there are specific allocations for low-density, medium-density and high-density. There has to be an average for parks, mixed-use, etc. However, we do have capacity issues and we do have to act appropriately. It is hard to talk about Economic Development when so many people have invested in our community and developed a lot of infrastructure that has been donated to the City of Murfreesboro. This has allowed us to grow in rooftops and commercial, towards economic opportunities. Mr. Eddie Smotherman commented that annexations brought into the City should not be for high-density. High-density brings high volume of traffic, police and fire services, overcrowding in schools, parks, etc. Mr. Gore 12  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 commented with this Sewer Ordinance there would be a land use map. When decisions are being made there are consequences for higher densities. This proposal would be equitable and properly address sewer so there are not pockets of land that cannot be served by sewer. Mr. Warren Russell wanted to know when development is brought to the Planning Commission how would the Commissioners know how the water and sewer would be calculated and accountable for the proposed development. Mr. Gore explained they would provide the information with coordination provided by Mr. Gerald Lee. Mr. Gore commented how they were moving into a new paradigm regarding the coordination level of effort that has not been done before. The proposed land use map would identify the priorities of areas to be viewed for a certain future land use in an area and where growth would occur. Mr. Blomeley stated the land use map would be used by Staff and as a tool for the Planning Commission to have at their disposal. Chair Jones complimented Mr. Darren Gore for the meetings he had conducted and where she has learned valuable information. There is more the Planning Commission could be doing and they need the tools to make good decisions. Mr. Adam Tucker came forward making known earlier today revisions had been made to the Sewer Ordinance and Resolution and the updated versions were handed out to the Planning Commission members. He was available if there were any questions and if they are comfortable, he requested to move forward with recommendation to City Council. Mr. Ronnie Martin made a recommendation to approve the draft Ordinance as presented with revisions and approve the insert for the change regarding Section 33-75 D from biannual to annual review, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Mr. Eddie Smotherman made a motion to approve the draft Resolution as presented with revisions, seconded by Mr. Ronnie Martin. The motion carried by unanimous vote in favor. 13  MINUTES OF THE MURFREESBORO PLANNING COMMISSION NOVEMBER 6, 2019 Mr. Matthew Blomeley reminded the Planning Commission there would be scheduled webinars for continuing education hours on Fridays in the Planning Department Conference Room. The webinars would be available for those who need to obtain their four hours of continuing education hours for the year. There being no further business the meeting adjourned at 9:00 p.m. _____________________________________ Chair ________________________________ Secretary MB: cj 14