Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 6:00 P.M. CITY HALL Members Present Staff Present Kathy Jones, Chair Matthew Blomeley, Acting Planning Director Ken Halliburton, Vice-Chair Margaret Ann Green, Principal Planner Eddie Smotherman Marina Rush, Principal Planner Ronnie Martin Amelia Kerr, Planner Warren Russell Austin Cooper, Planner Chase Salas Carolyn Jaco, Recording Assistant Jennifer Garland David Ives, Deputy City Attorney Roman Hankins, Assistant City Attorney Sam Huddleston, Executive Dir. Of Dev. Services Jim Luebbering, Project Engineer Chair Kathy Jones called the meeting to order after determining there was a quorum. New Business Mandatory Referral/Right-of-way abandonment [2019-726] to consider the abandonment of a small portion of Williams Drive right-of-way, Volunteer Behavior Health applicant. Ms. Margaret Ann Green summarized the mandatory referral/right-of-way abandonment from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Green made known before final approval the applicant would be required to address the following:  The applicant must provide the City Legal Department any necessary documentation to prepare the quitclaim deed and for recording the quitclaim deed.  A plat depicting the abandonment and relocation of the subject property must be recorded.  Utility easements must be dedicated, as needed, to accommodate any existing utilities, including water and sewer mains. Mr. Matt Taylor was in attendance to represent the applicant. 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the mandatory referral/right-of-way abandonment; therefore, Chair Kathy Jones closed the public hearing. Vice-Chairman 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 [2019-443] for approximately 2.41 acres located along Franklin Road west of Rucker Lane to be rezoned from CF to PCD (Tire World PCD), Tire World, Inc. applicant. Ms. Marina Rush summarized the zoning application from the staff report, which had been provided to the Planning Commission in the agenda packet. She made known this request complies with the 2035 Comprehensive Plan. Mr. Matt Taylor and Mr. Randy Lopez, the applicant, were in attendance for the meeting. Mr. Matt Taylor came forward to begin a PowerPoint presentation from the applicant’s pattern book. He made known this site would include two different buildings. One building would be for tire service and maintenance and the second building would be the applicant’s corporate headquarters for administrative services. This site would have two formal open space areas with pedestrian connectivity. He made known this proposal meets and exceeds the Design Guideline requirements. Lastly, he explained the allowable uses from the applicant’s pattern book that would be convenient and accessible to the area residents. 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. Vice-Chairman 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. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Zoning application [2019-439] for approximately 0.3 acres located along East Vine Street and Kerr Avenue to be rezoned from RS-8 to RS-4, Will Crunk applicant. Ms. Amelia Kerr summarized the zoning application from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Will Crunk, the applicant, was in attendance for the meeting. 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. Ronnie Martin made a motion to approve subject to all staff comments, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Annexation plan of services and annexation petition [2019-515] for approximately 1.6 acres located along Yearwood Avenue, Greenland Partners, LLC applicant. Ms. Amelia Kerr summarized the annexation petition from the staff report, which had been provided to the Planning Commission in the agenda packet. The Planning Commission requested additional information from the meeting with Rutherford County Road Board regarding right-of-way for Yearwood Avenue. Why was the annexation request for the right-of-way of Yearwood Avenue denied? Mr. Blomeley made known the Rutherford County Road Board had conducted a meeting on December 2, 2019. They had denied the annexation access onto Yearwood Avenue due to it being a substandard County road. Chair Kathy Jones opened the public hearing. 1. Mr. Mike Hughes - Rutherford County Engineer – came forward making known the County Road Board had concerns with this proposal due to mixing commercial traffic into an established residential neighborhood. The County Road Board had denied the annexation of Yearwood Avenue and denied any driveway connection onto Yearwood 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Avenue as well. Currently, this road does not meet Rutherford County standards and it is not scheduled to be upgraded at this time. 2. Mr. Robert Peay, 4047 Bivens Hill Road/Rutherford County Commissioner – came forward making known Yearwood Avenue is a very narrow road. He and the residents in the neighborhood are requesting that any access onto Yearwood Avenue be denied. 3. Mr. Richard Graham, 2403 Central Boulevard – made known he had a petition to submit from the property owners who oppose the annexation request. The residents do not want additional commercial traffic onto Yearwood Avenue. He would like to know what are the plans for a Planned Commercial Development? He has concerns having to view the back of a commercial development. 4. Mr. Robert Womack, 2410 Central Boulevard - opposes this request due to his concerns with additional traffic in his neighborhood. Chair Kathy Jones closed the public hearing. Mr. Matthew Blomeley explained that a Planned Commercial Development is plan-specific zoning. If approved and adopted by City Council, the plan would be the zoning of the property. The development and the future use of the property would have to comply with the zoning plan that the applicant has submitted for this property. Continuing, Mr. Blomeley addressed the issue regarding connectivity that would allow multiple ways in and out of this development. Connectivity is for safety issues and general traffic distribution. For this request, City Staff feels it is important for traffic to have access from Yearwood Avenue to a signalized intersection at East Main Street. The proposed access drive is for a secondary access to disperse traffic from this site. The developer would be responsible to construct road improvements from his site onto Yearwood Avenue. However, at this time the right-of-way cannot be annexed. The private property can be annexed, though, and the City can provide services to it. The annexation would not go into effect until zoning goes into effect. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Mr. Ronnie Martin made known that, due to the limited sewer access, the plan of services calls for each individual tenant to be required to have “will-serve letters” from the Water Resources Department. Vice-Chairman Ken Halliburton asked if the applicant was aware of this requirement. Mr. Rob Molchan and Mr. Michael Hazlett were in attendance for the meeting and made known that they were aware of the will-serve letters. Mr. Molchan explained they had been in meetings with Water Resources over the past year and studies had been completed to make known the current capacity levels in this area. The applicant is proposing a small retail center which would only allow low sewer capacity to the potential users. Mr. Eddie Smotherman made a motion to approve the annexation request, seconded by Vice-Chairman Ken Halliburton. The motion carried by a vote of 6-1 (Mr. Chase Salas voted no). Zoning application [2019-442] for approximately 0.68 acres located along Yearwood Avenue and North Rutherford Boulevard to be rezoned from RS-15 to PCD (East Side Village PCD) and approximately 1.15 acres to be zoned PCD simultaneous with annexation, Greenland Partners, LLC applicant. Ms. Amelia Kerr summarized the zoning request from the staff report, which had been provided to the Planning Commission in the agenda packet. She made known the Murfreesboro 2035 Comprehensive Plan recommends the best use for the property be Public/Institutional. However, MTSU does not have ownership or control of the property, therefore, it may not be feasible to develop in the manner recommended by the comprehensive plan. Ms. Kerr stated that the Planning Commission would need to determine whether this is an appropriate instance to deviate from the recommendations of the future land use map. Mr. Rob Molchan and Mr. Michael Hazlett were in attendance for the meeting. Mr. Molchan came forward to begin a PowerPoint presentation from the applicant’s pattern book. He also provided the following:  The zoning change would allow commercial services which would benefit the area residents, MTSU students, faculty, and staff. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019  The north end of the building would include a drive-thru window.  The tenants would be low-sewer capacity users.  This site would provide an access point along North Rutherford Boulevard at an existing 3-way intersection.  They would provide a left-turn lane off of Rutherford Boulevard into this site.  They are proposing access at the back of property onto Yearwood Avenue.  Due to Rutherford County Road Board denying access onto Yearwood Avenue their intent is to formally petition Rutherford County for a driveway onto Yearwood Avenue.  Included with this proposal would be outdoor patio areas with tables and chairs for the patrons to enjoy. In addition, they would provide brick pavers for the formal open space. Vice-Chairman Ken Halliburton wanted information regarding an ordering kiosk for the proposed drive-thru. Mr. Molchan explained the tenant for the drive-thru would make arrangements for the ordering kiosk to be located at the back of the building. Chair Jones requested for the applicant’s pattern book to be revised to make known the elevation and colors that had been presented in the PowerPoint presentation. Mr. Molchan stated he would update and provide the revisions. Mr. Warren Russell made known his concerns regarding the back of the building being viewed by the residents along Yearwood Avenue. Mr. Molchan explained the landscaping would grow and eventually screen the backside of the building. Chair Kathy Jones opened the public hearing. 1. Ms. Susan Woolsey, 1602 N. Highland Avenue – opposes the zoning request. She made known 218 Yearwood Avenue is her family home and her dad currently lives there. She has concerns with the proposed buffer not being adequate for the existing older neighborhood. She requested for a high fence be placed with no access onto Yearwood Avenue. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 2. Mr. Kenneth Haynes, 214 Yearwood Ave. – opposes the zoning request. He made known the proposed buffer would not be adequate. He requested for a structural wall be provided to block headlights, sound, traffic, etc. 3. Ms. Judy Hughes, 2416 Central Boulevard – opposes the zoning request. This proposal takes away their lifestyle, security, and serenity of their neighborhood. 4. Mr. Mike Hughes, Rutherford County Engineer – opposes the zoning request. He made known Yearwood Avenue is a County road containing only forty feet of right-of-way. He requested for the following:  A solid wall with landscaping be added onto this site to prevent any headlights spilling over onto the residents.  The order kiosks would have a “squawk box” with speakers. He requested for the squawk box to be relocated or a wall be added to block any noise.  Rutherford County Road Board feels it is a bad idea to have access points onto Yearwood Avenue. They do not want to impact the County subdivision with additional commercial traffic.  Rutherford County Road Board had denied annexation to Yearwood Avenue and denied driveway access connection onto Yearwood. 5. Ms. Melanie Haynes, 214 Yearwood Avenue – opposes the zoning request. She requested for a structural wall be added to contain sound, headlights, etc. 6. Mr. Robert Womack, 2410 Central Boulevard – opposes the zoning request. This is an older, quiet neighborhood. He requested no access from this site be permitted onto Yearwood Avenue. 7. Mr. Robert Peay, Rutherford County Commissioner – opposes the zoning request. He has concerns regarding the light pollution, noise pollution, etc. He wanted to know if the applicant had any discussions with M.T.S.U. regarding this property. Chair Kathy Jones closed the public hearing. 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Mr. Rob Molchan came forward making known they would make a commitment to a 6-foot-tall decorative PVC fence with a Type D landscape buffer along Yearwood Avenue side. However, along the north and south side would be only a buffer. Mr. Blomeley explained that it would be at the discretion of the Planning Commission to allow the applicant to use a standard option for a Type D buffer from the Zoning Ordinance, to allow the alternative cross-section from the Zoning Ordinance that allows a fence to substitute for some of the required plantings, or to require the fence in addition to the standard Type D buffer. Vice-Chairman Ken Halliburton commented on the access to Yearwood Avenue being denied by Rutherford County Road Board. The applicant would like to have the access on their plans for future access where the fence and landscaping would be installed. Mr. Blomeley stated the Road Board has denied access; however, it was not in response to a formal application for access. The applicant is preparing to submit a formal request to the Rutherford County Highway Department for access to Yearwood Avenue as part of this plan. If that request is denied, it would become clear. City staff feels it is important for this site to have access and connectivity to Yearwood Avenue. In the future, Rutherford County may agree for this site to have access onto Yearwood Avenue. Staff has requested for a stub street be added to the property line and not to the roadway. Barricades can be placed at a stub street until a connection can be made. This could be used as a pedestrian connection for area residents who may want to visit the commercial property. The Planning Commission began discussing the property with the current conditions and the possibility regarding future growth and connectivity from the north and south properties. Mr. Eddie Smotherman requested for a vinyl=coated chain link fence be added to the north and south property lines. The area residents have made known they do not want this development in their neighborhood and the County making known they do not want traffic on a County road due to safety concerns. Ms. Jennifer Garland stated she did not want a chain link fence. Mr. Ronnie Martin commented on how there were several streets in this area that have been annexed into the 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 City limits. In addition, there are several properties along Yearwood Avenue which are more rental properties than owner-occupied properties. There is the possibility for investors who may want to redevelop these properties over time. What is being discussed today is not a big issue; however, with the possibility of the redevelopment of the property to the south there then is a bigger issue for access and connectivity toward the existing street networks. There are many connection points outside of Yearwood Avenue. Lastly, Mr. Molchan explained that, due to the sewer allocation, any redevelopment in this area would have to be a low-end user to utilize the sewer capacity. M.T.S.U. had looked at a large project in this area but it had failed due to there not being enough sewer capacity for properties that face Rutherford Boulevard. Regarding the chain link fence, his client agrees to place a fence on the north and south properties until development occurs on these properties. And, his client agrees to placing a 6-foot PVC fence with one row of landscaping outside of the fence for this proposal. The Planning Commission agreed the landscaping buffer should be part of the request not a condition. Ms. Jennifer Garland stated she is not in favor of a chain link fence being placed on the north and south properties. Mr. Rob Molchan stated his client agrees to add a PVC fence along the north property and a chain link fence on the south property line. For this property, they would place a fence and landscape buffer along their property line at Yearwood Avenue and would remove these items if ever an access drive/stub street is approved for Yearwood Avenue. Mr. Chase Salas asked if an access drive could be added to the applicant’s property to the south. Mr. Molchan explained they did not have any plans for development at this time for the property to the south; however, if development occurs on this property, their intent is to include connections to the adjoining properties. Mr. Ronnie Martin expressed his concerns with fencing being placed that would prohibit residents being able to walk to a nearby commercial location. Mr. Molchan commented this proposal is an opportunity for a pedestrian connection for the area residents to utilize a commercial site in their neighborhood. 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MEETING DECEMBER 4, 2019 Mr. Ronnie Martin made a motion to approve subject to the following:  This proposed site should include a Type D buffer, including a six-foot-tall PVC fence, along Yearwood Avenue.  This proposal should include a Type D buffer with a double row of evergreens along the northern and southern portion Yearwood Avenue.  Provide a driveway stub for a possible future connectivity onto Yearwood Avenue.  The PVC fence and landscape buffer would be placed across the stub connection. The fence and landscaping can be removed at the stub street for future access onto Yearwood Avenue if access is permitted. The motion was seconded by Ms. Jennifer Garland. The motion carried by a vote of 5-2 (Mr. Eddie Smotherman and Mr. Chase Salas voted no.) Staff Reports and Other Business Mr. Matthew Blomeley reminded the Planning Commission that there would be a webinar on Friday, December 6, 2019. The webinar would be an hour and half long which would go towards the continuing education hours for those who need to complete their yearly hours. There being no further business the meeting adjourned at 8:20 p.m. ______________________________ Chairman _______________________________ Secretary MB: cj 10