Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 6:00 P.M. CITY HALL MEMBERS PRESENT STAFF PRESENT Kathy Jones, Chair Greg McKnight, Planning Director Ken Halliburton, Vice-Chair Matthew Blomeley, Assistant Planning Director Jami Averwater Margaret Ann Green, Principal Planner Rick LaLance Marina Rush, Principal Planner Chase Salas Holly Smyth, Principal Planner Warren Russell Carolyn Jaco, Recording Assistant Shawn Wright David Ives, Deputy City Attorney Roman Hankins, Assistant City Attorney Michele Emerson, City Engineer Sam Huddleston, Executive Dir. Dev. Services 1. Call to order. Chair Kathy Jones called the meeting to order at 6:00 p.m. 2. Determination of a quorum. Chair Jones determined that a quorum was present. 3. Old Business: On Motion Revisions to Murfreesboro Street Design Specifications [2021-802], City of Murfreesboro Public Infrastructure Department applicant. Ms. Michele Emerson 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. Ms. Emerson provided the Planning Commission with an updated table. There being no further discussion, Mr. Rick LaLance moved to adopt the revisions to Murfreesboro Street Design Specifications to go into effect January 1, 2022, including incorporating the updated information which had been distributed before the meeting. The motion was seconded by Mr. Shawn Wright and carried by the following vote: 1  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. 4. Public Hearings and Recommendations to City Council: Annexation petition and plan of services [2021-513] for approximately 6.4 acres located along Majesty Drive and Cicero Drive, Xaiyavong Saenphansiri applicant. Mr. Xaiyavong Saenphansiri (applicant) came forward to announce he had decided to withdraw his application; therefore, no further action was needed. Zoning application [2021-432] to amend the Westlawn PUD to allow additional uses within the area identified as C-3 within the program book on approximately 23.3 acres located along Veterans Parkway and Blackman Road, Oscar Properties, LLC applicant. Mr. Matthew Blomeley 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. Mr. Matt Taylor (design engineer) and Mr. John Harney (applicant’s representative) were in attendance to represent the application. Mr. Taylor gave a PowerPoint presentation of the Pattern Book, which Pattern Book is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Jones closed the public hearing. 2  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 There being no further discussion, Vice-Chairman Ken Halliburton moved to approve the zoning application subject to all staff comments; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Mandatory Referral [2021-724] for the abandonment of right-of-way of a segment of an alley approximately 220 linear feet in length located north of Bridge Avenue between Kings Highway and Battle Avenue, Jon Troutt 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, Mr. Blomeley stated that Staff recommends the following conditions be applicable to the alley right-of-way abandonment: 1. The applicant shall prepare and submit legal descriptions and exhibits necessary for the City Legal Department to draft any necessary legal instruments. 2. The applicant shall be responsible for the recording of the legal instrument(s), including payment of the recording fee. 3. The abandoned right-of-way shall be combined with contiguous property via a duly approved subdivision plat. 3  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Chair Kathy Jones opened the public hearing. 1. Ms. Shirley Wilson, 316 Bridge Avenue – wanted information on how this abandonment would affect her property. There being no one else to speak, Chair Kathy Jones closed the public hearing. Mr. David Ives addressed Ms. Wilson’s questions and concerns. There being no further discussion, Mr. Chase Salas moved to approve the mandatory referral subject to all staff comments; the motion was seconded by Mr. Rick LaLance and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Zoning application [2021-428] for approximately 0.53 acres located along Bridge Avenue and Kings Highway to be rezoned from RS-8 to RS-6, Jon Troutt 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. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Jones closed the public hearing. 4  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 There being no further discussion, Mr. Chase Salas moved to approve the zoning request subject to all staff comments; the motion was seconded by Mr. Rick LaLance and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Zoning application [2021-429] to amend the PRD zoning (The Arbors PRD) for approximately 78.25 acres located along Compton Road and to rezone approximately 0.5 acres along Compton Road from PRD to RS-15, Middle TN Developers, LLC 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. Mr. Matt Taylor (design engineer) and Mr. Steve Pierce (developer) were in attendance to represent the application. Mr. Taylor gave a PowerPoint presentation of the Pattern Book, which Pattern Book is maintained in the permanent files of the Planning Department and is incorporated into these Minutes by reference. Mr. Taylor also stated they had hosted a neighborhood meeting with very good participation. Since the neighborhood meeting, the following changes have been made to the plan: 5  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021  A traffic study had been completed with the results stating a signal was not warranted.  Increased the home square footage for the two-story homes from 1,700 ft2 to 2,000 ft2  Added a 10-foot common area to preserve the trees around the perimeter of the property.  Added more 12,000 ft2 lots around the perimeter of the property. Chair Kathy Jones opened the public hearing. 1. Mr. Melvin Cunningham, 1148 Lakes Edge Drive – has concerns opening the stub streets, increase in traffic, decrease in property value, not enough brick material on the homes, what happens if this developer sells this property, increase in crime, and drainage. 2. Mr. Keith Kline, 3431 Lakebrook Drive – has concerns opening the stub streets and an increase in traffic. 3. Mr. Hugh Dixon, 1379 Compton Road – how would property owners be compensated if any damages occur from flooding from this development. 4. Ms. Penny Reed, 3432 Lakebrook Drive – has concerns with opening the stub streets due to the increase in traffic on narrow roads, and drainage. 5. Mr. Lee Brannon, 3427 Lakebrook Drive – requested for the stub streets not to be opened because the roads are too narrow, and has concerns with drainage. 6. Ms. Caron Peck, 1136 Lakehill Circle – has safety concerns if the stub streets are opened. She does not support the connection of streets. Who would be responsible if flooding occurs due to this development? 6  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 7. Ms. Judy Alexander, 3617 Lakebrook Drive – has concerns with drainage, how would the detention ponds be managed, and safety concerns due to the increase in traffic. 8. Ms. Kristi Miller, 3501 Sanford Drive – questioned whether there should be a stub street to the east and stated concerns about the proposed lot sizes and the possibility of the homes becoming used as rental properties. 9. Mr. Chris Wells, 1171 Bushnell Drive – requested that the stub streets not to be opened. 10. Ms. Terry Cunningham, 1148 Lakes Edge Drive – opposes the stub streets being opened with this development and the proposed higher density. 11. Mr. Gene Mooney, 3579 Sandford Drive (also representing the owners of 3840 Lakebrook Drive) - stated concerns regarding water, drainage, and the proposed STEP system. 12. Ms. Cathey Lee Evans, 3624 Lakebrook Drive – she feels that this development should have larger lots. 13. Ms. Felisa Griner, 3401 Lakebrook Drive – stated concerns related to blasting. 14. Mr. Marti Gundt, 3431 Dutton Court – he has concerns with the drainage and wants to make certain no additional water is placed on his property. 15. Mr. Al Miller, 3501 Sanford Drive – stated concerns regarding traffic. He recommended the developer use the approved 2006 zoning plan instead. 16. Mr. David Puckett, 1411 Compton Road – stated concerns regarding traffic, drainage, and school overcrowding. There being no one else to speak, Chair Kathy Jones closed the public hearing. 7  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Mr. Matt Taylor came forward to address the concerns of the speakers, including those related to drainage, traffic, the STEP system, blasting, and construction traffic. He also stated that before presenting at City Council, he would work on the language in the pattern book to prevent large amounts of homes to be purchased for use as rental homes. The Planning Commissioners agreed on the connection of the stub streets in the plan as presented. Mr. LaLance requested for the architecture of the rear and sides of the homes to be improved before this application is presented to the City Council. There being no further discussion, Mr. Rick LaLance moved to approve the zoning application 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 Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Annexation petition and plan of services [2021-514] for approximately 3.3 acres located along Joe B Jackson Parkway and Elam Road, Sherri Elam Yokley, et al applicant. Ms. Marina Rush 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. Kelley Frank (design engineer) was in attendance to represent the application. 8  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the annexation petition; therefore, Chair Jones closed the public hearing. There being no further discussion, Mr. Chase Salas moved to approve the annexation petition subject to all staff comments; the motion was seconded by Mr. Rick LaLance and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Zoning application [2021-426] for approximately 3.3 acres located along Joe B Jackson Parkway and Elam Road to be zoned G-I simultaneous with annexation, Kimley-Horn applicant. Ms. Marina Rush 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. Kelley Frank (design engineer) was in attendance to represent the application. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Jones closed the public hearing. There being no further discussion, Vice-Chairman Ken Halliburton moved to approve the zoning application subject to all staff comments; the motion was seconded by Mr. Warren Russell and carried by the following vote: 9  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Annexation petition and plan of services [2021-515] for approximately 1.7 acres located along New Salem Highway, Estate of William Ognio applicant. Ms. Marina Rush 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. Mr. Matt Taylor (design engineer) and Mr. Chris Bratcher (owner’s representative) were in attendance to represent the application. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the annexation petition; therefore, Chair Jones closed the public hearing. There being no further discussion, Mr. Warren Russell moved to approve the annexation petition 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 Jami Averwater Rick LaLance Warren Russell 10  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Chase Salas Shawn Wright Nay: None. Zoning application [2021-430] for approximately 1.7 acres located along New Salem Highway to be zoned to CF simultaneous with annexation, approximately 2.8 acres to be rezoned from OG and CF to PCD (The Ognios at Foxcroft PCD), and approximately 2.2 acres to be rezoned from OG to CF, Melissa Ognio Barnett applicant. Ms. Marina Rush 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. Mr. Matt Taylor (design engineer) and Mr. Chris Bratcher (owner’s representative) were in attendance to represent the application. Mr. Taylor gave a PowerPoint presentation of the Pattern Book, which Pattern Book is maintained in the permanent files of the Planning Department and incorporated into these Minutes by reference. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the zoning application; therefore, Chair Jones closed the public hearing. There being no further discussion, Ms. Jami Averwater moved to approve the zoning application subject to all staff comments; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas 11  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 Shawn Wright Nay: None. 5. Staff Reports and Other Business: Mandatory Referral [2021-731] for the City to receive donation of a 60-ft strip of ProLogis’ land that extends to Elam Rd, and the future swap with the owner of property to the South of this 60-ft strip with another 60-ft strip some 150 ft South of this strip, for the future construction of Distribution Drive from Elam Road to Elam Farms Parkway, City of Murfreesboro 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. There being no further discussion, Mr. Rick LaLance moved to approve the mandatory referral subject to all staff comments; the motion was seconded Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Warren Russell Chase Salas Shawn Wright Nay: None. Mr. Matthew Blomeley reminded the Planning Commissioners if anyone has not completed the Tennessee state mandated continuing education requirements they have until December 31, 2021 to do so. 12  MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 1, 2021 6. Adjourn. There being no further business the meeting adjourned at 8:30 p.m. _________________________________ Chair __________________________________ Secretary GM: cj 13