Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 1:00 p.m. CITY HALL MEMBERS PRESENT STAFF PRESENT Kathy Jones, Chair Greg McKnight, Planning Director Ken Halliburton, Vice Chair Matthew Blomeley, Assist. Planning Dir. Eddie Smotherman Margaret Ann Green, Principal Planner Ronnie Martin Marina Rush, Principal Planner Warren Russell Amelia Kerr, Planner Jennifer Garland Carolyn Jaco, Recording Assistant Chase Salas Jafar Ware, Planner Teresa Stevens, Sign Administration David Ives, Deputy City Attorney Sam Huddleston, Executive, Dir. Of Dev. Services Chair Kathy Jones called the meeting to order after determining there was a quorum. Mr. Warren Russell made a motion to approve the minutes of the February 5, 2020, Planning Commission meeting, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Consent Agenda Chair Kathy Jones announced there were revised staff comments for Marymont Springs, Section 3, had been provided to the Planning Commission for their review. Continuing, Chair Jones read the following items to be considered for approval. The Crossings of Three Rivers, Section 1, Phase 2 [2020-2012] final plat for 25 lots on 7.88 acres zoned PRD located along Hospitality Lane, Three Rivers Rutherford, LLC developer. Marymont Springs, Section 3 [2020-2018] final plat for 49 lots on 13.57 acres zoned PUD located along Attleboro Drive and Rucker Lane, Alcorn Properties, Inc. developer. Chestnut Hill, Resubdivision of Lot 63 [2020-2008] final plat for 1 lot on 1.44 acres zoned RS- 15 located along County Farm Road, Believers Tabernacle, Inc. developer. 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Don Hall Subdivision [2020-2009] final plat for 2 lots on 6.52 acres zoned RS-15 located along Compton Road, Don and Sara Hall developer. The Patterson Point Land Subdivision, Resubdivision of Lots 71-82 [2020-2013] final plat for 1 lot on 1.43 acres zoned RM-16 located along Southeast Broad Street, Elite Development Associates, LLC developer. Mankin Pointe, Section 2, Phase 1 [2020-2017] final plat for 39 lots on 8.07 acres zoned PRD located along Hollis Drive, Mankin Pointe, LLC developer. Lytle Industrial Addition to Murfreesboro, 2nd Resubdivision of Section 8 [2020-2010] final plat for 2 lots on 2.43 acres zoned H-I located along West College Street, Scott Street, and Ridgely Road, Johns Enterprises, LLC developer. Spring Creek Townhomes, Lot 1 [2020-2019] final plat for 1 lot on 66.9 acres zoned PRD located along Asbury Lane and Portwood Drive, Beazer Homes developer. General's Landing, Section 2 [2020-2014] final plat for 6 lots on 1.85 acres zoned PRD located along McChrystal Drive, Blue Sky Construction, Inc. developer. General's Landing Townhomes, Phase 2A [2020-2015] horizontal property regime plat for 13 residential units and final plat for 2 lots on 2.2 acres zoned PRD located along McChrystal Drive and Magruder Drive, Blue Sky Construction, Inc. developer. Shelton Square, Section 3, Phases 1 & 2 [2020-1005] preliminary plat for 37 lots on 14.67 acres zoned PRD located along Blackman Road and Hopetown Way, Shelton Square, LLC developer. Shelton Square, Section 4, Phases 1 & 2 [2020-1006] preliminary plat for 62 lots on 12.75 acres zoned PRD located along Hopetown Way and Bridgemore Boulevard, Shelton Square, LLC developer. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Wash and Roll Auto Wash [2020-3020] site plan for 2,504 ft2 vehicle wash on approximately 1-acre zoned CH located along the northeast corner of New Salem Highway and West Main Street, WNRI, Holdings, LLC developer. Chair Kathy Jones made known the site plan Wash and Roll had been removed from the consent agenda because it had qualified to be Administrative Approved. Mr. Ronnie Martin made a motion to approve the consent agenda as presented, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. Staff and Other Business Mandatory Referral 2020-705 to consider proposed sale of assets of Murfreesboro Electric Department to Middle Tennessee Electric Membership Corporation, Murfreesboro Legal Department. City Attorney Adam Tucker came forward making known this statue is required by State Law, whenever a Mandatory Referral is brought to the Planning Commission for the sale of assess includes the sale and transfer of certain real property and easements would need to be approved by the Planning Commission. A contract for the sale of Murfreesboro Electric Department to MTCMC had been approved on January 9, 2020, an Asset Purchase Agreement establishing the terms and conditions of this transaction. Continuing, Mr. Tucker explained this sale would include 10 parcels if fee as well as some substation easements, and some electric utility easements. There would not be any change to the use of the properties. Therefore, Mr. Tucker requested for this sale be considered for approval. Mr. Eddie Smotherman made a motion to approve, seconded by Ms. Jennifer Garland. There was one abstention made by Mr. Ronnie Martin. The motion passed. Mr. Matthew Blomeley began by stating in light of the recent events to our current health situation limiting public gatherings due to COVID-19. Therefore, changes should be made to the current Planning Commission calendar. He requested for the April 2020, Planning Commission meetings be rescheduled towards the later part of the month. He requested for the April 9, 2020 night 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 meeting be rescheduled to April 22,2020. The April 15,2020 day meeting be rescheduled to April 29,2020. Continuing, Mr. Blomeley made known the April 15, 2020, date for the sewer allocation ordinance can be suspended by City Mayor can be delayed in times of emergency. Mr. Ken Halliburton wanted to confirm the sewer allocation delay could be until April 29, 2020, not indefinitely, in which Mr. Matthew Blomeley answered, that is correct. Mr. Eddie Smotherman made a motion to approve the draft of the changes to the Planning Commission calendar, seconded by Ms. Jennifer Garland. The motion carried by unanimous vote in favor. Plats and Plans RaceTrac [2020-3023] site plan for 16,371 ft2 gas station/convenience market on 2.8 acres zoned CH located along NW Broad Street and N Thompson Lane, RaceTrac Petroleum Inc developer. Ms. Margaret Ann Green summarized the site plan request from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Green explained the applicant had purchased additional property for this project which would allow the following services: • Allow the sale of diesel fuel. • The C-store on Northfield has been shifted to include an area that would allow small box diesel trucks. The area has been designed not to be used by larger transfer trucks. • The applicant has a new design for access onto Broad Street and Thompson Lane. This design would have to meet the Tennessee Department of Transportation requirements. • The new diesel canopy would be the a same as the C-store canopy. • The C-store property would include an outdoor seating area on the eastside of the building. • The applicant has incorporated a connection to the City pedestrian greenway system. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Mr. Matt Taylor and the applicant’s design team were in attendance for the meeting. Mr. Matt Taylor came forward to explain the design for this site would include a clockwise truck pattern. This allows trucks to enter this site from Thompson Lane and exit onto Broad Street. For this site there would be no left turns for trucks from onto Thompson Lane or Broad Street. Continuing, Mr. Taylor made known they had performed an in dept study on traffic for this site which included different types of trucks entering and exiting from this property. The site does not prohibit large trucks; however, due to the difficulty to maneuver on this site they feel larger trucks would not be purchasing fuel at this location. The Planning Commission began discussing the proposal making known this was a challenging site; therefore, they requested for the following items be considered: • Signage should be added to discourage large trucks into this site. • Right turn only from this site onto Thompson Lane due to the intersection being so close on Broad Street. • Make certain there be enough land to provide future right of way for the possibility of a bridge to be constructed in this area. Mr. Allen Bell representing the applicant came forward stating the design for this property was to allow traffic to turn left from their site onto Thompson Lane when it was not peak hour traffic. They feel this is a safe outlet for those who want to head towards Broad Street. Mr. Chase Salas asked for additional information regarding the gas station across the street which had been allowed to have right in/right out onto Thompson Lane. He made known his concerns with a left turn onto Thompson Lane from this site. Ms. Katie Noel came forward to explain the design of the property across the street from this site would have left lanes access that are different from the design of this project. She would meet with City’s Traffic Department for additional information. Also, the access points onto Thompson Lane and Broad Street which are both state routes would be required to have TDOT’s approval. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Mr. Matt Taylor came forward to explain their original site plan had been approved in 2019. Now, the additional property which had been purchased the design for full access onto Thompson Lane is identical. They had to address TDOT’s comments from the original plan and address the access from Broad Street to be increased approximately 75-100 feet away. Mr. Eddie Smotherman commented this is a good project; however, there are issues with a large intersection being close to this property. In addition, the property across the street has right in/right out but the access leaving that site on Thompson Lane is further away from Broad Street. At this time, he is not in favor for a left turn lane to be provided onto Thompson Lane. Mr. Matt Taylor stated, TDOT had approved the access points from their original design. However, they have not seen this new site plan. Mr. Taylor requested for a deferral so they can meet with the City’s Transportation Engineer for further information on peak hours of the day and the other 22 hours of the day that would make this an acceptable left turn land onto Thompson Lane. He would have the additional information at the April 29,2020, day meeting. Mr. Warren Russell made a motion to defer, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. Salem Landing, Section 2 [2020-1004] master plan amendment and preliminary plat for 245 lots on 63.19 acres zoned RS-6 located along New Salem Highway, Salem Land Company, LLC developer. Mr. Jafar Ware summarized the master plan amendment and preliminary plat request from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Eddie Smotherman wanted to know if there were any density change. Mr. Blomeley answered there may be a difference of 2-3 lots. Overall, there would be different locations for the street stubs, changes in the street network and a shift to the amenity area. Staff is comfortable with these changes. 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. 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 717 & 719 Crestland Avenue [2020-3030] site plan for 10 single-family attached dwellings units (townhomes) on 0.70 acres zoned RM-16 located along the west side of Crestland Avenue south of Division Street, Eric Blum developer. Ms. Amelia Kerr summarized the site plan request from the staff report, which had been provided to the Planning Commission in the agenda packet. This project would include all brick materials and rear patios. Mr. Matt Taylor was in attendance to represent the applicant. 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. Tommy Car Wash [2019-3114] site plan for a 5,200 ft2 vehicle wash on 0.99 acres zoned CH located along Memorial Boulevard, Tommy Car Wash Systems developer. Ms. Margaret Ann Green summarized the site plan request from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Green explained the applicant has not meet minimum standards from the design guidelines. The applicant has requested to be exempt from the minimum standards from the design guidelines. Ms. Green made known Staff could not exempt the applicant’s request. She provided images of an approved site the applicant had constructed along Franklin Road. The applicant’s car wash had been approved several years ago. Since then, the City of Murfreesboro has placed descriptions in the design guidelines to address car washes. Ms. Green provided several images of car washes that had been approved since the changes have been made in the design guidelines. Continuing, Ms. Green made known the design guidelines descriptive requirements include the following: • A 24-inch brick stone base • Prohibit corrugated metal • Primary brick, cast stone materials and colors, etc. • Break up long walls • Void area calculations 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 • Define cap with cornice or molding • Screen back of the parapet Mr. Steve Steele, Mr. Robert Finley and Mr. Robert Freeze were in attendance for the meeting. Mr. Steve Steele came forward to make known their intentions were not to skirt the City’s design guidelines. Their intentions are to try to revise Tommy’s Car Wash corporate image that blends with other car washes in Murfreesboro. What is being proposed is the exact buildings as the existing car wash located off of Franklin Road, that was approved over a year ago. Mr. Steele provided photos from the approved Tommy’s Car Wash off of Franklin Road. Mr. Eddie Smotherman wanted to know if the exceptions being considered are the same as the Franklin Road project. Ms. Green answered the Franklin Road project had been approved before the City Design Guidelines had gone into effect. She stated this information had been provided to the applicant during their application process. Chair Kathy Jones made known other projects have been denied recently that have had been approved before the design guidelines had gone into effect. She remembers the site plan being approved for Tommy’s Car Wash on Franklin Road had addressed staff’s concerns with the corporate image. The applicant had modified their design that had been different from the corporate image before the design guidelines. Mr. Scott Finley came forward describing the prefabricated building cannot be symmetrical. The corporate colors had been dressed down to comply with the City. He and his wife feel they have done what has been requested with their previous project and requested this identical project be approved. They have invested in the community and the service of their business is first class. Their intentions for the future are to build other car wash businesses here on Memorial and another on Church Street. He requested for this proposal be approved. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Mr. Eddie Smotherman commented that he likes the look of the building and feels like this family own business would be good for the area and it would work well on the property. His only concern would be how this would affect the city sewer capacity. Also, could this be a project where the Planning Commission could deviate from the design guidelines. He is in favor to support a small business owner. Ms. Jennifer Garland compliment the applicant for working with City Staff on the original project on Franklin Road before the design guidelines went into effect. Buying into a corporation knowing that the design guidelines are in affect had been considered. Ms. Garland compared the original corporate image with the approved project on Franklin Road and wanted to know why this proposal did not meet the design guidelines. Ms. Garland stated this project needs to be reviewed at another level of expectations. The previous project had been approved well beyond the approval of the design guidelines. Now is the time to make known what is not right with the building so the applicant can come back with their ideas that would meet the minimum standards. Ms. Margaret Ann Green stated the applicant’s response had been they wanted to be exempt from the design guidelines. The information she had requested was not provided. The response that have been provided to her had been the applicant wanted to be exempt from the design guidelines. Therefore, the request is for this project and possible all other future buildings in the City. There was no solution identified for this project. Ms. Green read the requirements for this project which would meet the minimum standards from the design guidelines. The Planning Commission began discussing the proposal the and encouraged the applicant to provide response to Staffs comments and possibly provide percentages which would give information for the prefabricated building. Ken Halliburton suggested for the items that do not meet the minimum design guidelines should be make known how far off the proposal is from the guidelines. The guidelines had been put into place for a reason and to make a compromise he would need to know how far off it is to know the difference and the facts so he would be 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 comfortable with a compromise. Mr. Ronnie Martin made known he was not in opposition to the project, but the Planning Commission may feel different. Mr. Warren Russel complimented the project; they cannot set an unprecedented were someone can ask for wholesale approval and bypass the process. The Planning Commission has to go through the process and the applicant needs to continue working on they way this project would work. Mr. Chase Salsa agree, he would need to know what is and what is not approved would help this project. Chair Kathy Jones encouraged the applicant to continue working with the Planning Staff to work on the items that had been discussed. There can be responses made to make known the differences to address staff comments so this project can move forward. Mr. Ken Halliburton made a motion to defer, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. New Business Zoning application [2019-435] for approximately 1.44 acres located at the northeast corner of Gold Valley Drive and North Rutherford Boulevard to be rezoned from PCD to PRD (Rutherford Corner PRD), Masterson Homes, Inc. applicant. Ms. Amelia Kerr summarized the zoning application request from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Matt Taylor was in attendance to represent the applicant. Mr. Taylor explained they had attempt to mimic the architecture of Stratford Hall which is across the street. This would be a nice niche to this the neighborhood. Mr. Eddie Smotherman made a motion to schedule a public hearing on April 22, 2020, seconded by Mr. Warren Russell. The motion carried by unanimous vote in favor. 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Mandatory Referral and Right-of-way abandonment [2020-702] to consider abandonment of a portion of Titans Circle right-of-way and the abandonment of drainage, detention, and utility easements, Huddleston-Steele Engineering, Inc. applicant. Ms. Marina Rush summarized the mandatory referral and right of way abandonment request from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Bill Huddleston was in attendance to represent the applicant. Ms. Jennifer Garland made a motion to schedule a public hearing on April 22, 2020, seconded by Mr. Chase Salas. The motion carried by unanimous vote in favor. Zoning Request [2020-403] for PS (Planned Signage) Overlay District program book for New Vision Baptist Church for approximately 30 acres along North Thompson Lane, West College Street and West Northfield Boulevard, New Vision Baptist Church applicant. Ms. Teresa Stevens summarized the request from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Regina Thompson and design team were in attendance to represent the applicant. Ms. Regina Thompson came forward to begin a power point presentation from the applicant’s pattern book. Mr. Eddie Smotherman made a motion to schedule a public hearing on April 22, 2020, seconded by Mr. Ken Halliburton. The motion carried by unanimous vote in favor. 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 Staff Reports and Other Business Mandatory Referral [2020-705] to consider proposed sale of assets of Murfreesboro Electric Department to Middle Tennessee Electric Membership Corporation, Murfreesboro Legal Department applicant. summarized the master plan amendment and preliminary plat request from the staff report, which had been provided to the Planning Commission in the agenda packet. There being no further business the meeting adjourned at 2:50 p.m. _____________________________________ Chair _____________________________________ Secretary GW: cj 12 MINUTES OF THE MURFREESBORO PLANNING COMMISSION MARCH 18, 2020 13