Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 6: 00 P.M. CITY HALL MEMBERS PRSENT STAFF PRESENT Kathy Jones, Chair Greg McKnight, Planning Director Ken Halliburton, Vice-Chair Matthew Blomeley, Assistant Planning Director Jennifer Garland Margaret Ann Green, Principal Planner Rick LaLance Holly Smyth, Principal Planner Warren Russell Joel Aguilera, Planner Chase Salas Abraham Farias, EIT Shawn Wright Sam Huddleston, Dev’t Services Executive Dir. Nate Williams, Parks & Recreation Director David Ives, Deputy City Attorney Roman Hankins, Assistant City Attorney Carolyn Jaco, Recording Assistant 1. Call to order Chair Kathy Jones called the meeting to order at 6:00 pm. 2. Determination of a quorum. Chair Jones determined that a quorum was present. Continuing, Chair Jones announced to the Planning Commission this would be the last meeting for Planning Commissioner Jennifer Garland. Chair Jones recognized that Ms. Garland has been a valuable member of the Planning Commission for over 6 years. 3. Approve minutes of the July 14, 2021 Planning Commission meeting. Mr. Warren Russell moved to approve the Minutes of the July 14, 2021, meeting; the motion was seconded by Mr. Rick LaLance; there being no further discussion the motion carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Warren Russell Chase Salas Shawn Wright Nay: None 4. Public Hearings: Mandatory Referral and Right-of-way Abandonment [2021-712] to consider abandonment of the right-of-way of Florence Road, Terry Smith applicant. Ms. Margaret Ann Green presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. Ms. Green read for the record that any approvals are subject to the applicant providing 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. Also, utility easements must be dedicated, as needed, to accommodate any existing utilities, including water and sewer mains. Mr. Terry Smith (applicant) and Mr. Bill Huddleston (engineer) were in attendance representing the application. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the request; therefore, Chair Jones closed the public hearing. There being no further discussion, Vice-Chairman Ken Halliburton made a motion to approve the Mandatory Referral and Right-of-way Abandonment of Florence Road subject to all staff comments; the motion was seconded by Mr. Chase Salas and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Annexation petition and plan of services [2021-505] for approximately 262.5 acres located along the west side of Lebanon Pike and including 4.5 acres of Lebanon Pike right-of-way, City of Murfreesboro (for the US Army Corps of Engineers and TDOT) applicant. Ms. Margaret Ann Green presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. In addition, the Tennessee Department of Transportation has provided documentation making known they are not opposed to the annexation of its right-of-way. However, the Planning Department has not received any documentation of no objection from the United States Army Corps of Engineers. Continuing, Ms. Green explained Staff has revised exhibits for the annexation request which would only include the river and the portion of the Corps property south of the river. This request would be updated before it is moved forward to be presented to City Council on August 19, 2021. Staff feels this request would be a benefit to the City for clarification on jurisdiction and authority for emergency service providers who respond in this area. Mr. Nate Williams, Director of City Parks and Recreation, was in attendance to address any questions. Chair Jones opened the public hearing. 1. Mr. Gary Batey, 5745 Lebanon Pike, stated he opposes the annexation request; and he does not want his property to be in the City limits. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 There being no one else to speak for or against the request, Chair Jones closed the public hearing. After discussion, Mr. Rick LaLance moved to approve the annexation and plan of services subject to all staff comments and to amending the study area to only include the river and the area south and west of river; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Annexation petition and plan of services [2021-506] for approximately 15.5 acres located along the east side of Lebanon Pike, City of Murfreesboro applicant. Ms. Margaret Ann Green presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. Ms. Green stated Staff feels this request would be a benefit to clarify the City’s jurisdiction and authority for emergency service providers who respond in this area. Chair Kathy Jones opened the public hearing. There being no one to speak for or against the annexation petition, Chair Kathy Jones closed the public hearing. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 There being no further discussion, Mr. Rick LaLance moved to approve the annexation and plan of services subject to all staff comments, the motion was seconded by Vice-Chairman Ken Halliburton and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Zoning application [2021-414] for approximately 17.48 acres located north of Mercury Boulevard, south of East Castle Street, east of South Highland Avenue, and west of First Avenue to be rezoned from RM-16, RD, RS-8, and CCO to PUD and CCO, Murfreesboro Housing Authority applicant. Ms. Holly Smyth presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. For the record, Ms. Smyth stated the applicant would need to continue working with Staff to include a fourth exception to the standard zoning regulations. Staff needs to study further the building setbacks for the area west of South Hancock Street. Mr. Thomas Rowe, Executive Director of the Murfreesboro Housing Authority, and Ms. Margaret Butler (architect) were in attendance representing the application. Ms. Butler gave a PowerPoint presentation from the applicant’s Pattern Book, which Pattern Book is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Mr. Shawn Wright asked if the applicant had considered renaming their project to coincide with the new street name Doctor Martin Luther King Jr Boulevard. Mr. Rowe stated that when they had begun making plans for this project the street name change had not taken place; and they have not discussed a different name moving forward. Ms. Jennifer Garland had questions regarding the required parking spaces and the requested setbacks. Ms. Butler explained this proposal is consistent with another MHA development known as Oakland Court. During the Oakland Court zoning process, the data had been presented which showed the parking demand at their developments are much less than City ordinance requires. The reduction of parking spaces had been approved for the Oakland Court development due to large number of residents that do not have vehicles. To address the setbacks, Ms. Butler stated she would continue to work with Staff on setback details. Chair Kathy Jones opened the public hearing 1. Mr. Michael Nelson, 601 South Highland Avenue, asked a number of questions about the proposed development. There being no one else to speak for or against the zoning request, Chair Kathy Jones closed the public hearing The Planning Commission, Staff, Mr. David Ives, and Mr. Bill Huddleston addressed Mr. Nelson’s questions. There being no further discussion Vice-Chairman Ken Halliburton made a motion to approve subject to all staff comments including working out details on the setbacks around South Hancock Street. The motion was seconded by Mr. Rick LaLance and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Proposed amendment the Zoning Ordinance [2021-801] pertaining to Section 13: Planned Development Regulations and Section 24: Overlay District Regulations, Article VI. CCO, City Core Overlay District, City of Murfreesboro Planning Department applicant. Ms. Holly Smyth presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. The Planning Commission began discussing the proposal and brought up several questions that would need to be studied further such as formal open space, open space, roof tops as formal open space, parking, etc. Chair Kathy Jones opened the public hearing. There being no one to speak for or against the proposed amendment; Chair Jones closed the public hearing. Mr. Greg McKnight recommended to review this item at a workshop meeting in the near future to address the proposed amendments in further detail. There being no further discussion Mr. Shawn Wright made a motion to defer the proposed amendments for a future workshop meeting; the motion was seconded by Vice-Chairman Ken Halliburton and carried by the following vote. Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Warren Russell Chase Salas Shawn Wright Nay: None 5. Staff Reports and Other Business: Mandatory Referral [2021-717] to consider acquiring easements and right-of-way for the Bradyville Pike reconstruction project, City Legal Department applicant. Mr. David Ives presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. There being no further discussion Mr. Chase Salas made a motion to approve the Mandatory Referral; the motion was seconded by Mr. Warren Russell and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Mandatory Referral [2021-716] to consider granting easements to MTEMC across the Doug Young Public Safety Training Center and Old Fort Park properties, City Legal Department applicant. Mr. David Ives presented the Staff Comments regarding this item, a copy which is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 Mr. Rick LaLance made a motion to approve the Mandatory Referral across a portion of the Doug Young Public Safety Training Center; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None There being no further discussion Mr. Rick LaLance made a motion to approve the Mandatory Referral for Golf Lane at Old Fort Park; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None Mandatory Referral [2021-720] to consider an anchor easement along SR 96 that is being studied for a regional park, City Legal Department applicant. Mr. David Ives distributed copies of the request to explain that Middle Tennessee Electric has need for an anchor easement on City property along SR 96 that is being studied for a regional park. A 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION AUGUST 4, 2021 copy of an Exhibit had been provided. Park and Rec staff is aware of this request and do not believe it will adversely impact any future plans. Staff requests that Planning Commission recommend to City Council granting this easement to MTEMC. There being no further discussion Vice-Chairman Ken Halliburton made a motion to approve the Mandatory Referral; the motion was seconded by Mr. Chase Salas and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jennifer Garland Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None 6. Adjourn. There being no further business Chair Jones adjourned the meeting at 8:00 p.m. _____________________________________ Chair ______________________________________ Secretary GM: cj 10