Planning Commission

Minutes of the Murfreesboro Planning Commission May 6, 2020 6:00 p.m. Members Present Staff Present Kathy Jones, Chair Greg McKnight, Planning Director Ken Halliburton, Vice Chairman Matthew Blomeley, Assistant Planning Director Jennifer Garland Margaret Ann Green, Principal Planner Ronnie Martin Marina Rush, Principal Planner Warren Russell Amelia Kerr, Planner Chase Salas Carolyn Jaco, Recording Assistant Eddie Smotherman David Ives, Deputy City Attorney Sam Huddleston, Dev. Services Exec. Services Chair Kathy Jones called the meeting to order. She stated that in accordance with Executive Order No. 16 issued by Governor Bill Lee, the Murfreesboro Planning Commission May 6, 2020, meeting would be conducted electronically and there would not be physical public access to the meeting as necessary to protect public health, safety and welfare in light of the coronavirus. The public may view the meetings electronically through Murfreesboro CityTV which is broadcast on Comcast Xfinity Channel 3 and 1094 and on AT&T U-verse Channel 99. The meeting can also be streamed on Roku, YouTube, Facebook, and the City’s website. Continuing, Chair Kathy Jones stated this information had been properly advertised to the public and the instructions were given in the advertisement on how the public could telephone to participate in this meeting. Chair Kathy Jones called the meeting to order and requested for a roll call vote for the determination of a quorum. Based on the roll call, it was determined that a quorum was present. Present: Jennifer Garland Ken Halliburton Ronnie Martin Warren Russell Chase Salas Eddie Smotherman Kathy Jones 1  Minutes of the Murfreesboro Planning Commission May 6, 2020 Absent: None Chair Kathy Jones requested for a roll call vote in order to conduct the meeting electronically because it is necessary to protect the health, safety, and welfare of Tennesseans and Murfreesboro citizens in light of the COVID-19 outbreak. Mr. Chase Salas made a motion for the meeting to be conducted electronically because it is necessary to protect the health, safety, and welfare of Tennesseans and Murfreesboro citizens in light of the COVID-19 outbreak, seconded by Mr. Ken Halliburton. Upon roll call the motion was passed by the following vote: Aye: Jennifer Garland Ken Halliburton Ronnie Martin (no audible sound) Warren Russell Chase Salas Eddie Smotherman Kathy Jones Nay: None Chair Kathy Jones asked for a motion to be made to approve the minutes of the of April 22, 2020, Planning Commission meeting. Mr. Eddie Smotherman made a motion to approve the April 22, 2020, minutes, seconded by Mr. Warren Russell. Upon roll call the motion was passed by the following vote: Aye: Jennifer Garland Ken Halliburton Ronnie Martin (no sound) Warren Russell Chase Salas Eddie Smotherman Kathy Jones Nay: None 2  Minutes of the Murfreesboro Planning Commission May 6, 2020 Public Hearings Zoning application [2020-404] to amend the Westlawn PUD to allow “hospital” as a permitted use within the area identified as C-4 within the program book on approximately 10.5 acres located along Veterans Parkway, Saint Thomas Rutherford applicant. Ms. Jennifer Garland made known she would be abstaining from all discussion and vote. Ms. Margaret Ann Green summarized the zoning application amendment from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Green made known the amendment request would allow the following: • For a hospital to be a permitted use for the property identified as C-4 District. • The change of ownership from Parks & Harney, to Southeast Ministry. • Hospital would be added to the permitted uses. • C-5 District would allow bulk regulations and permitted uses. Mr. John Harney, Mr. Jeff Reed, Mr. David Hendrickson, Mr. Gordon Ferguson was in attendance for the applicant. Mr. David Hendrickson began a power point presentation to provide information from the applicant’s pattern book. He stated that the existing approved/proposed buffer/screening along the south side of this property would remain the same. Mr. Gordon Ferguson explained how there is a need for care for areas around I-840, Blackman and Westlawn communities. This proposal is to build a neighborhood hospital. It would the first of this type of hospital in the state of Tennessee and it would require a certificate of need from the state. Mr. Ferguson stated the facility would be 32,000 square feet with two levels. It would include eight in-patient beds, eight emergency treatment rooms, imaging, CT-scan and lab services. The cost for the hospital would be around 24.6 million dollars. Also, adjacent to this property there are proposed projects that they would be partnered with which includes Tennessee Orthopedic 3  Minutes of the Murfreesboro Planning Commission May 6, 2020 Alliance surgery center and Murfreesboro Medical Center. This area would become a destination medical location for resident’s in this area. Chair Kathy Jones opened the public. 1. Mr. John Harney commented on how this medical campus will be a great development and addition for the area. He is in favor of the zoning request. This proposal would be a great asset to Murfreesboro with easy access from other surrounding counties being close to I-840 and Veterans Parkway. 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. There was one abstention made by Ms. Jennifer Garland. Upon roll call the motion was passed by the following vote: Aye: Ken Halliburton Ronnie Martin Warren Russell Chase Salas Eddie Smotherman Kathy Jones Nay: None Abstained: Jennifer Garland Zoning Ordinance amendment [2020-803] for Section 26. Off-Street Parking, Queuing, and Loading as regards off-site parking agreements, joint parking agreements, and other miscellaneous items, City of Murfreesboro Planning Department applicant. WITHDRAWN BY STAFF. 4  Minutes of the Murfreesboro Planning Commission May 6, 2020 Mandatory Referrals Mandatory Referral [2020-709] for installation of irrigation lines in public right-of- way in the Legacy Pointe development, Mr. Matt Taylor (on behalf of Rutherford County Area Habitat for Humanity) applicant. Mr. Matthew Blomeley summarized the mandatory referral application from the staff report, which had been provided to the Planning Commission in the agenda packet. Mr. Blomeley explained that the request is for an approval of an irrigation line to be placed within a common landscaping area by the developer of Legacy Point Subdivision on Twin Oak Drive. The developer has requested a License from the City for installation of a sleeve in the right of way, under Opportunity Lane at its intersection with Twin Oak Drive, in the development. The developer has agreed to enter into a License/Agreement containing substantially the same terms and conditions as other License Agreements allowing irrigation and other such facilities in the ROW. Mr. Blomeley stated the Planning Commission would need to discuss this mandatory referral and formulate a recommendation to City Council. Mr. Matt Taylor was in attendance to represent the applicant. Mr. Chase Salas made a motion to approve subject to all staff comments, seconded by Mr. Ronnie Martin. Upon roll call the motion was passed by the following vote: Aye: Jennifer Garland Ken Halliburton Ronnie Martin Warren Russell Chase Salas Eddie Smotherman Kathy Jones Nay: None 5  Minutes of the Murfreesboro Planning Commission May 6, 2020 Mandatory Referral [2020-708] to consider the dedication of a CUD water line easement and a temporary construction easement on City-owned property located along the south side Burnt Knob Road, Mr. Matt Taylor (on behalf of North Boulevard Church of Christ) applicant. Ms. Marina Rush summarized the mandatory referral application from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Rush stated the purpose of the request is because North Boulevard Church of Christ is constructing a new campus north side of Burnt Knob Road in the unincorporated County and needs a waterline extension to provide adequate fire protection to its building. The easements are proposed and would be recorded through a document with a description and exhibit that would dedicate these easements to CUDRC. The additional right-of-way dedication would be recorded in a separate document and is not a part of this mandatory referral request. Staff had forwarded the request for easements to City department staff and outside agencies and received a comment from Middle Tennessee Electric Membership Corporation. They stated that there is one utility pole located on the property that may be in conflict with the requested easements and that CUDRC should coordinate with MTEMC to arrange to have the pole relocated. Ms. Rush stated the Planning Commission would need to discuss this mandatory referral and formulate a recommendation to City Council. Mr. Matt Taylor was in attendance to represent the applicant. Mr. Ken Halliburton made a motion to approve subject to all staff comments, seconded by Mr. Warren Russell. Upon roll call the motion was passed by the following vote: Aye: Jennifer Garland Ken Halliburton Ronnie Martin Warren Russell Chase Salas Eddie Smotherman 6  Minutes of the Murfreesboro Planning Commission May 6, 2020 Kathy Jones Nay: None Mandatory Referral [2020-710] to consider the abandonment of an existing MWRD sanitary sewer easement located within the Westlawn subdivision along Veterans Parkway, Mr. Christopher Mabery (on behalf of MAB Murfreesboro LLC) applicant. Ms. Margaret Ann Green summarized the mandatory referral application from the staff report, which had been provided to the Planning Commission in the agenda packet. Ms. Margaret Ann Green explained that this easement abandonment request had been presented and approved by Murfreesboro Water and Sewer Board at its April 28, 2020, meeting. Continuing, Ms. Green stated if this mandatory referral is approved, it should be made subject to the applicant providing all the necessary documentation required to prepare and record the instrument to City Staff. This includes legal descriptions and an illustration of the property. If approved by City Council, then the Mayor would be authorized to sign the necessary documents to covey the City’s interest back to the owner. The Planning Commission would need to discuss this mandatory referral and formulate a recommendation to City Council. Mr. Chris Mabery was in attendance to represent the applicant. Mr. Eddie Smotherman made a motion to approve subject to all staff comments, seconded by Mr. Ken Halliburton. Upon roll call the motion was passed by the following vote: Aye: Jennifer Garland Ken Halliburton Ronnie Martin Warren Russell Chase Salas Eddie Smotherman Kathy Jones 7  Minutes of the Murfreesboro Planning Commission May 6, 2020 Nay: None Staff Reports and Other Business There being no further business the meeting adjourned at 6:35 p.m. _____________________________ Chairman ______________________________ Secretary GM: cj 8