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Planning Commission

Regular Meeting

Murfreesboro, TN · January 12, 2022

AgendaMinutes

Minutes

MINUTES OF THE MURFREESBORO PLANNING COMMISSION JANUARY 12, 2022 CITY HALL 6:00 P.M. MEMBERS PRESENT STAFF PRESENT Ken Halliburton, Vice-Chair Greg McKnight, Planning Director Jami Averwater Matthew Blomeley, Assistant Planning Director Rick LaLance Marina Rush, Principal Planner Chase Salas Amelia Kerr, Planner Shawn Wright Carolyn Jaco, Recording Assistant Roman Hankins, Assistant City Attorney Sam Huddleston, Executive Dir. Dev. Services 1. Call to order. Vice-Chairman Ken Halliburton called the meeting to order. 2. Determination of a quorum. Vice-Chairman Ken Halliburton determined that a quorum was present. 3. Approve minutes of the December 15, 2021 Planning Commission meeting. Mr. Rick LaLance moved to approve the Minutes of the December 15, 2021 Planning Commission meeting; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Ken Halliburton Jami Averwater Rick LaLance Chase Salas Shawn Wright Nay: None 1 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JANUARY 12, 2022 4. Public Hearings and Recommendations to City Council: Mandatory Referral/ROW Abandonment [2021-732] to consider the abandonment of a segment of Elam Road Right-of-Way, Kelley Frank of Kimley-Horn on behalf of Bucee’s,LTD 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. Vice-Chairman Ken Halliburton opened the public hearing. No one came forward to speak for or against the request; therefore, Vice-Chairman Ken Halliburton closed the public hearing. There being no further discussion, Mr. Rick LaLance moved to approve the Mandatory Referral/ROW Abandonment subject to the recommended conditions of approval listed in the staff report; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Ken Halliburton Jami Averwater Rick LaLance Chase Salas Shawn Wright Nay: None 5. Staff Reports and Other Business: Mandatory Referral [2021-733] to consider the abandonment of a portion of a drainage easement located on property along John Lee Lane, Matt Taylor of SEC, Inc. applicant. Ms. Amelia Kerr 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. 2 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JANUARY 12, 2022 There being no further discussion, Mr. Shawn Wright moved to approve the request subject to the recommended conditions of approval listed in the staff report; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Ken Halliburton Jami Averwater Rick LaLance Chase Salas Shawn Wright Nay: None Mandatory Referral [2027-735] to consider the abandonment and relocation of a drainage easement located on property along Blue Heron Drive, Rivers Edge Investments, LLC on behalf of Davidson Homes applicant. Ms. Amelia Kerr 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 request subject to the recommended conditions of approval listed in the staff report; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Ken Halliburton Jami Averwater Rick LaLance Chase Salas Shawn Wright Nay: None 3 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JANUARY 12, 2022 6. Adjourn. There being no further business the meeting adjourned at 6:09 PM. _____________________________ Chair ______________________________ Secretary GM: cj 4

Agenda

CITY OF MURFREESBORO PLANNING COMMISSION AGENDA City Hall, 111 W. Vine Street, Council Chambers JANUARY 12, 2022 Kathy Jones 6:00 PM Chair 1. Call to order 2. Determination of a quorum. 3. Approve minutes of the December 15, 2021 Planning Commission meetings 4. Public Hearings and Recommendations to City Council: a. Mandatory Referral/ROW Abandonment [2021-732] to consider the abandonment of a segment of Elam Road Right-of-Way, Kelley Frank of Kimley-Horn on behalf of Buc- ee’s, LTD applicant. (Project Planner: Marina Rush) 5. Staff Reports and Other Business: a. Mandatory Referral [2021-733] to consider the abandonment of a portion of a drainage easement located on property along John Lee Lane, Matt Taylor of SEC, Inc. applicant. (Project Planner: Amelia Kerr) b. Mandatory Referral [2027-735] to consider the abandonment and relocation of a drainage easement located on property along Blue Heron Drive, Rivers Edge Investments, LLC on behalf of Davidson Homes applicant. (Project Planner: Amelia Kerr) 6. Adjourn. MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 JANUARY 12, 2022 PROJECT PLANNER: MARINA RUSH 4.a Mandatory Referral/ROW Abandonment [2021-732] to consider the abandonment of a segment of Elam Road Right-of-Way, Kelley Frank of Kimley-Horn on behalf of Buc-ee’s, LTD applicant. In this mandatory referral, the Planning Commission is being asked to consider approving the abandonment an approximately 1,250 linear foot segment of Elam Road City right-of-way (ROW) and to abandon the City’s interest in an approximately 1,100 linear foot segment of Elam Road right-of-way owned by the Tennessee Department of Transportation, as shown on the attached maps. The proposed City ROW abandonment is 1.44 acres and the City’s interest in the TDOT ROW is 7.12 acres, for a total of 8.56 acres. Both segments are located south of Joe B Jackson Parkway west of Interstate 24. The purpose of the abandonment is to allow for the relocation of Elam Road consistent with the City’s 2040 MTP plans and the development plan for an approximately 76,000 sf2 Buc-ee’s commercial travel center with fueling stations, associated parking, utilities, and stormwater facilities on the adjacent parcels. The relocated Elam Road will be constructed as a 5-lane collector road as detailed in the Buc-ee’s Murfreesboro Preliminary Plat (Project 2021-1034). This report includes an attached map depicting the location of the portion of Elam Road ROW to be abandoned. The red line represents the segment of the City ROW of Elam Road to be abandoned and the green area represents the portion of Elam Road ROW that is the City’s interest owned by TDOT. In addition, an attachment to this staff report is a preliminary plat map depicting the specific details of the proposed abandonment segments of Elam Road. Staff obtained comments from other City departments and utility providers regarding the impact of the proposed abandonment. The responses from the City Departments and utility provides are included in the attached memorandum from Planning staff. Based on the responses received, staff recommends the following conditions of approval: Recommended Conditions of Approval 1. The applicant has applied for and obtained approval of a preliminary plat, which includes the relocation of Elam Road consistent with the Murfreesboro 2040 MTP. The applicant shall submit an application and obtain approval of a final plat. 2. The applicant shall record the subdivision plat, which shall include any existing or proposed utilities either as ROW or as separate easements to accommodate utilities outside the proposed ROW. Easements may be dedicated with the quitclaim deed, as determined by the City Attorney. 3. The applicant shall be responsible for preparing and submitting the legal descriptions and exhibits necessary for the City Legal Department to draft the necessary legal instruments. 4. The quitclaim deed(s) transferring the subject ROW and recording the required easement(s) shall be executed and recorded prior to the recording of the final plat(s). 5. All recording fees shall be paid by the applicant. Action Needed The Planning Commission will need to conduct a public hearing on this request and then formulate a recommendation to the City Council. Page|1 Memorandum To: Greg McKnight, Planning Director From: Marina Rush, Principal Planner Date: December 21, 2021 Re: Elam Road Right-of-Way (ROW) abandonment (portion) Following is a summary of the City department staff and utility provider comments regarding the requested abandonment of an approximately 1,250 linear foot segment of Elam Road City right-of-way (ROW) and to abandon the City’s interest in an approximately 1,100 linear foot segment of Elam Road right-of-way owned by the Tennessee Department of Transportation: Engineering Department The request to abandon ROW should be subject to submission and recording of a subdivision plat that relocates Elam Road, as proposed by the applicant. The revised and relocated Elam Road plat should additionally include any existing or proposed utilities either as ROW or as separate easements if needed to accommodate utilities outside the proposed ROW. In order to facilitate the abandonment process, the applicant should be prepared to provide legal descriptions and exhibits necessary for the City to draft the necessary legal documents as well as any recording fees. In addition, the ROW abandonment should be subject to the final approval of the legal documents by the City Attorney. Fire and Rescue Department The ROW abandonment will not affect the Murfreesboro Fire and Rescue Department. Police Department The ROW abandonment will not affect the Murfreesboro Police Department. Solid Waste Department The ROW abandonment will not affect the Murfreesboro Solid Waste Department. Murfreesboro Water Resources Department (MWRD) The ROW abandonment will not affect the Murfreesboro Water Resources Department. The Department has no water and sewer infrastructure facilities within the segments of Elam Road Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov Page|2 ROW proposed for abandonment. Consolidated Utility District (CUD) The ROW abandonment will not affect CUD. Middle Tennessee Electric Membership Corporation (MTEMC) MTEMC has overhead electric facilities within the Elam Road ROW. Electric poles are located on the east side of Elam Road and wires cross over to the west side of Elam Road, as depicted on the attached ElectriMap exhibit. The ROW abandonment will require new utility easements to be recorded on the affected properties. AT&T AT&T has existing lines in the Elam Road ROW, extending over Joe B Jackson Parkway to Butler Drive. The ROW abandonment will require new utility easements to be recorded on the affected properties. Atmos Energy The ROW abandonment will not affect Atmos Energy. Atmos Energy does not have any assets in the subject area. Comcast The ROW abandonment will not affect Comcast. Comcast does not have any facilities within the Elam Road ROW. Planning & Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov . BU ER DR N PKW Y MA YO RA L C T O KS TL A C B .J CITY'S INTEREST IN TDOT E JO RIGHT OF WAY TO BE ABANDONED CITY LIMITS § I-24 ¦ ¨ N PK W Y ELAM RD B JA C K SO CITY LIMITS CITY RIGHT OF WAY TO BE ABANDONED OE J Planning Department Request to Abandon Right of Way of Elam Road City of Murfreesboro 111 W. Vine St. 0 215 430 860 1,290 1,720 Murfreesboro, TN 37130 Feet www.murfreesborotn.gov . BU ER DR N PKW Y MA YO RA L C T O KS TL A C B .J CITY'S INTEREST IN TDOT E JO RIGHT OF WAY TO BE ABANDONED CITY LIMITS § I-24 ¦ ¨ N PK W Y ELAM RD B JA C K SO CITY LIMITS CITY RIGHT OF WAY TO BE ABANDONED OE J Planning Department Request to Abandon Right of Way of Elam Road City of Murfreesboro 111 W. Vine St. 0 215 430 860 1,290 1,720 Murfreesboro, TN 37130 Feet www.murfreesborotn.gov MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 JANUARY 12, 2022 PROJECT PLANNER: AMELIA KERR 5.a. Mandatory Referral [2021-733] to consider the abandonment of a portion of a drainage easement located on property along John Lee Lane, Matt Taylor of SEC, Inc. applicant. This easement abandonment request is from Matt Taylor with SEC, Inc. The subject property is located in Blackman Meadows subdivision along the east side John Lee Lane south of Manson Pike. In this mandatory referral, the Planning Commission is being asked to consider abandoning an existing drainage easement on property developed by Blackman Meadows Venture, LLC. The request is to abandon a portion of an existing drainage easement as shown in red on the attached plat exhibit. This drainage easement was recorded with Blackman Meadows Section 1 in plat book 37 page 131, Lot #15 and with Oakton Section 1 in plat book 34 page 22, Lot #17. Matt Taylor with SEC, Inc. has reviewed the original subdivision construction plans and has determined this easement is in excess and has no facilities located within the easement. The Murfreesboro Public Infrastructure Department recommends approval of this abandonment. A copy of the correspondence from Public Infrastructure has been included in the agenda materials. Staff recommends that approval of this request be made subject to the following conditions: 1) The applicant must provide to the City Legal Department all the necessary documentation (including any needed legal descriptions and exhibits) required to prepare and record the legal instrument. 2) The drainage easement abandonment should be subject to the final approval of the legal documents by the City Attorney. 3) The applicant will be responsible for paying any recording fees. The Planning Commission will need to discuss this application and make a recommendation to the City Council. If approved by the City Council, then the Mayor will be authorized to sign the necessary documents to convey the City’s interest back to the owner. . . . creating a better quality of life. MEMORANDUM DATE: December 13, 2021 TO: Matthew Blomeley FROM: Michele Emerson RE: Drainage Easement Abandonment 1604 & 1608 John Lee Lane In response to your December 8, 2021 request, we have reviewed the drainage easement abandonment request for 1604 and 1608 John Lee Lane and offer the following comments on behalf of the Engineering Department. This drainage easement was recorded with Blackman Meadows Section 1 in plat book 37 page 131. Matt Taylor with SEC, Inc. has reviewed the original subdivision construction plans and has determined this easement is in excess and has no facilities located within the easement. In order to facilitate the abandonment process, the applicant should be prepared to provide legal descriptions and exhibits necessary for the City to draft the necessary legal documents as well as any recording fees. In addition, the drainage easement abandonment should be subject to the final approval of the legal documents by the City Attorney. C: Chris Griffith David Ives Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov City of Murfreesboro Mandatory Referral Application 111 W Vine Street • Murfreesboro, TN 37130 • 615-893-6441 Mandatory Referral Fees: Mandatory Referral, INCLUDING abandonment of right-of-way……………………………………………………………….. $350.00 Mandatory Referral, NOT INCLUDING abandonment of right-of-way……………………………………………………….. $150.00 Property Information: 78K Group A Parcel 17.00 1604 & 1608 John Lee Lane Tax Map/Group/Parcel: 78N Group C Parcel 15.00 Address (if applicable): Street Name (if abandonment of ROW): n/a Type of Mandatory Referral: Drainage Easement Abandonment Applicant Information: Matt Taylor Name of Applicant: SEC, Inc Company Name (if applicable): Street Address or PO Box: 850 Middle TN Blvd City: Murfreesboro TN 37129 State: Zip Code: Email Address: mtaylor@sec-civil.com Phone Number: 615-890-7901 Required Attachments: x Letter from applicant detailing the request ☐ x Exhibit of requested area, drawn to scale ☐ ☐ Legal description (if applicable) after approval Matthew Taylor 12/8/2021 ___________________________________________________ ______________________________ Applicant Signature Date December 8, 2021 Mr. Matthew Blomeley Murfreesboro Planning & Engineering Dept 111 W. Vine St Murfreesboro, Tennessee 37130 RE: 1604 & 1608 John Lee Lane Drainage Easement Abandonment Request Murfreesboro, Tennessee Dear Mr. Blomeley: Please accept this as our formal request for the City of Murfreesboro to abandon a portion of Drainage Easement that is shown between these lots. Furthermore, the attached exhibit highlights this area. This segment of drainage easement appears to be excess with no facilities located within the easement nor do other properties drain to this location therefore it appears to not be needed. If you should have any questions concerning this letter, please feel free to call me at (615) 890-7901 or via email at mtaylor@sec-civil.com Sincerely, Matt Taylor, P.E. Vice-President SEC, Inc Drainage Easement Proposed to be Abandoned 15’ DRAIN. EASEMENT TO BE DISSOLVED LOT 15, SECTION 1 BLACKMAN MEADOWS SUBDIVISION P.BK. 37, PG. 131 (R.O.R.C., TN) 1,298 ± SQ.FT. A 15' WIDE DRAINAGE EASEMENT TO BE DISSOLVED ACROSS LOT 15 SECTION 1, BLACKMAN MEADOWS SUBDIVISION (MAP 78N, GROUP C, PARCEL 15.00 - P.BK. 37, PG. 131) LOCATED IN THE CITY OF MURFREESBORO, 7th CIVIL DISTRICT RUTHERFORD COUNTY, TENNESSEE. BEING BOUND IN GENERAL ON THE NORTH BY LOT 17 SECTION 1, OAKTON SUBDIVISION (MAP 78K, GROUP A, PARCEL 17.00 - P.BK. 34, PG. 22), ON THE EAST, SOUTH, AND WEST BY THE REMAINING LANDS OF LOT 15. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN IN THE EAST RIGHT OF WAY OF JOHN LEE LANE. SAID PIN BEING THE COMMON PROPERTY CORNER FOR LOT 15 BLACKMAN MEADOWS SUBDIVISION AND LOT 17 OAKTON SUBDIVISION; THENCE, LEAVING SAID RIGHT OF WAY AND WITH THE COMMON LINE OF SAID LOTS S 69°59'42" E FOR A DISTANCE OF 35.01' TO THE POINT OF BEGINNING; THENCE, CONTINUING WITH SAID LINE S 69°59'42" E FOR A DISTANCE OF 85.85' TO A POINT; THENCE, LEAVING LOT 17 AND WITH A LINE ACROSS LOT 15 FOR THE NEXT (5) CALLS: 1) S 19°58'17" W FOR A DISTANCE OF 9.94' TO A POINT; 2) THENCE, S 68°48'12" E FOR A DISTANCE OF 2.99' TO A POINT; 3) THENCE, S 20°36'03" W FOR A DISTANCE OF 5.00' TO A POINT; 4) THENCE, N 69°53'14" W FOR A DISTANCE OF 89.18' TO A POINT; 5) THENCE, N 21°27'22" E FOR A DISTANCE OF 14.84' TO THE POINT OF BEGINNING, HAVING AN AREA OF 1,298 SQUARE FEET. THIS EASEMENT IS A PORTION OF LOT 15 APPEARING ON A FINAL PLAT ENTITLED "SECTION 1, BLACKMAN MEADOWS SUBDIVISION" OF RECORD IN PLAT BOOK 37, PAGE 131 IN THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. 15’ DRAIN. EASEMENT TO BE DISSOLVED LOT 17, SECTION 1 OAKTON SUBDIVISION P.BK. 34, PG. 22 (R.O.R.C., TN) 1,291 ± SQ.FT. A 15' WIDE DRAINAGE EASEMENT TO BE DISSOLVED ACROSS LOT 17 SECTION 1, OAKTON SUBDIVISION (MAP 78K, GROUP A, PARCEL 17.00 - P.BK. 34, PG. 22) LOCATED IN THE CITY OF MURFREESBORO, 7th CIVIL DISTRICT RUTHERFORD COUNTY, TENNESSEE. BEING BOUND IN GENERAL ON THE SOUTH BY LOT 15 SECTION 1, BLACKMAN MEADOWS SUBDIVISION (MAP 78N, GROUP C, PARCEL 15.00 - P.BK. 37, PG. 131), ON THE WEST, NORTH, AND EAST BY THE REMAINING LANDS OF LOT 17. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN IN THE EAST RIGHT OF WAY OF JOHN LEE LANE. SAID PIN BEING THE COMMON PROPERTY CORNER FOR LOT 15 BLACKMAN MEADOWS SUBDIVISION AND LOT 17 OAKTON SUBDIVISION; THENCE, LEAVING SAID RIGHT OF WAY AND WITH THE COMMON LINE OF SAID LOTS S 69°59'42" E FOR A DISTANCE OF 35.01' TO THE POINT OF BEGINNING; THENCE, LEAVING LOT 15 AND WITH A LINE ACROSS LOT 17 FOR THE NEXT (3) CALLS: 1) N 21°27'22" E FOR A DISTANCE OF 15.15' TO A POINT; 2) THENCE, S 69°53'43" E FOR A DISTANCE OF 85.46' TO A POINT; 3) THENCE, S 19°58'17" W FOR A DISTANCE OF 15.00' TO A POINT IN THE NORTH LINE OF LOT 15; THENCE, WITH SAID NORTH LINE N 69°59'42" W FOR A DISTANCE OF 85.85' TO THE POINT OF BEGINNING, HAVING AN AREA OF 1,291 SQUARE FEET. THIS EASEMENT IS A PORTION OF LOT 17 APPEARING ON A FINAL PLAT ENTITLED "SECTION 1, OAKTON SUBDIVISION" OF RECORD IN PLAT BOOK 34, PAGE 22 IN THE REGISTER'S OFFICE OF RUTHERFORD COUNTY, TENNESSEE. MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 JANUARY 12, 2022 PROJECT PLANNER: AMELIA KERR 5.b. Mandatory Referral [2027-735] to consider the abandonment and relocation of a drainage easement located on property along Blue Heron Drive, Rivers Edge Investments, LLC on behalf of Davidson Homes applicant. This easement relocation request is from Jeremy Moody with Moody, LLC on behalf of Rivers Edge Investments, LLC for property located along the south side of Blue Heron Drive in Section III, Phase II of Rivers Edge Subdivision. In this mandatory referral, the Planning Commission is being asked to consider the abandonment and relocation of an existing 20’ drainage easement on property developed by Rivers Edge Subdivision. The request is to relocate a portion of an existing drainage easement as shown as the hatched area on the attached exhibit. This drainage easement was recorded with Rivers Edge Section 3, Phase 2 in plat book 45, page 58. A copy of the Public Infrastructure memo has been included in the agenda materials. Staff recommends the approval of the request subject to the following conditions: 1) The applicant must provide to the City Legal Department all the necessary documentation (including any needed legal descriptions and exhibits) required to prepare and record the quitclaim deed. 2) An easement plat must be submitted for review and approval of the Planning Department depicting the abandoned drainage easement as well as the replacement drainage easement. 3) The quitclaim deed and the easement plat must be recorded simultaneously. 4) The drainage easement abandonment should be subject to the final approval of the legal documents by the City Attorney. 5) The applicant will be responsible for paying any recording fees. The Planning Commission will need to discuss this application and make a recommendation to the City Council. If approved by the City Council, then the Mayor will be authorized to sign the necessary documents to convey the City’s interest back to the owner. . . . creating a better quality of life. MEMORANDUM DATE: December 13, 2021 TO: Matthew Blomeley FROM: Michele Emerson RE: Drainage Easement Abandonment Rivers Edge Section 3 Phase 2 In response to your December 9, 2021 request, we have reviewed the drainage easement abandonment request for Rivers Edge Section3 Phase 2 and offer the following comments on behalf of the Engineering Department. This drainage easement was recorded with Rivers Edge Section 3 Phase 2 in plat book 45 page 58. The request to abandon the drainage easement should be subject to submission and recording of a subdivision plat that relocates the easement as proposed by the applicant. The drainage easement abandonment and final plat recording should be done simultaneously. In order to facilitate the abandonment process, the applicant should be prepared to provide legal descriptions and exhibits necessary for the City to draft the necessary legal documents as well as any recording fees. In addition, the drainage easement abandonment should be subject to the final approval of the legal documents by the City Attorney. C: Chris Griffith David Ives Engineering Department 111 West Vine Street * Post Office Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 893 6441 * Fax 615 849 2606 TDD 615 849 2689 www.murfreesborotn.gov Rivers Edge Investments, LLC. 111 Forbus Drive Christiana, TN 37037 December 9, 2021 To whom it may concern, This letter is to respectfully request the relocation of the 20’ drainage ditch at the rear of the property on lot 158 of Rivers Edge Section 3-2. Currently the ditch and drainage easement are in the building envelope and we would like to shift this easement and ditch to the rear of the property line per the original construction drawings. Thank you for your consideration. Respectfully, Jeremy Moody Jeremy.Moody@moody-llc.com (615) 542-0491 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 1:00 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 Amelia Kerr, Planner Warren Russell Brad Barbee, Planner Shawn Wright Joel Aguilera, Planner Katie Noel, Project Engineer Carolyn Jaco, Recording Assistant Roman Hankins, Assistant City Attorney Sam Huddleston, Executive Dir. Dev. Services Darren Gore, Assistant City Manager Valerie Smith, Water Resources Asst. Director Marshall Fall, Water Resources Engineer 1. Call to order. Chair Kathy Jones called the meeting to order at 1:00 p.m. 2. Determination of a quorum. Chair Jones determined that a quorum was present. 3. Approve minutes of the November 17, 2021 and December 1, 2021 Planning Commission meetings. Mr. Chase Salas moved to approve the Minutes of the November 17, 2021 and December 1, 2021 Planning Commission meetings; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance 1 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Chase Salas Warren Russell Shawn Wright Nay: None. 4. Consent Agenda: The Maples, Section 8 [2021-1038] preliminary plat for 31 lots on 16.42 acres zoned RS- 10 located along Sinclair Street east of Manchester Pike, The Maples, Inc. developer. Capital Business Park, 4th Resubdivision of Lot 2 [2021-2110] final plat for 2 lots on 11.75 acres served as an outside the City sewer customer and zoned EAC (Rutherford County) located along Capital Way, Rhodes Development Co. developer. The Gardens of Three Rivers, Section 2, Phase 1 [2021-2112] final plat for 8 lots on 4.05 acres zoned PRD located along Elmcroft Avenue and Eldin Creek Drive, G3R Partners, LLC developer. The Gardens of Three Rivers, Section 2, Phase 2 [2021-2113] final plat for 11 lots on 5.08 acres zoned PRD located along Audubon Lane and Barringer Lane, G3R Partners, LLC developer. Mankin Point, Section 2, Phase 3 [2021-2114] final plat for 59 lots on 13.7 acres zoned PRD located along Plum Leaf Place and Pear Blossom Way, Mankin Pointe, LLC developer. Rivers Edge, Section 5 [2021-2109] final plat for 59 lots on 19.06 acres zoned RS-10 located along Parkwood Drive, Rivers Edge Investments, LLC developer. Victory Station South, Lot 4 [2021-2111] final plat for 1 lot on 2.25 acres zoned PUD 2 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 located along Franklin Road and Victory Station Way, Swanson Irrevocable Family Trust developer. The Crossings of Three Rivers, Resubdivision of Lots 33-34 & 44-45 [2021-2115] final plat for 8 lots on 0.73 acres zoned PRD located along Hospitality Lane, Lennar Homes of Tennessee, LLC developer. River Landing, Section 1 [2021-2116] final plat for 18 lots and common area on 34.56 acres zoned PUD located along Northwest Broad Street, Forestar (USA) Real Estate Group, Inc. developer. North Maple Street and North Public Square [2021-2118] final plat for 1 lot on 0.23 acres zoned CBD & CCO located along North Maple Street and North Public Square, 124 North Maple Street, LLC developer. Legacy Pointe, Section 1, Phase 2 [2021-2119] final plat for 20 lots on 5.9 acres zoned RS-6 located along Humanity Trail and Twin Oak Drive, Rutherford County Area Habitat for Humanity, Inc. developer. Mandatory Referral [2027-728] to consider the abandonment of a portion of a sanitary sewer easement located on property along Butler Drive, Josh Hutcheson of Fulmer Lucas on behalf of Mahle applicant. Mandatory Referral [2021-729] to consider the abandonment of a water line easement located on property along the south side of Industrial Drive, MTE applicant. Mandatory Referral [2021-730] to consider the abandonment of a sanitary sewer easement located on property along Robert Rose Drive and Medical Center Parkway, Matt Taylor applicant. 3 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 There being no further discussion, Mr. Rick LaLance moved to approve the Consent Agenda 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 Chase Salas Warren Russell Shawn Wright Nay: None. 5. Plats and Plans: On Motion Singer Park [2021-1036] master plan and preliminary plat for 4 lots on 5.1 acres zoned L-I located along Northwest Broad Street and Singer Road, Michael Hazlett developer. 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. Mr. Matt Taylor (design engineer) was in attendance to represent the application. There being no further discussion, Mr. Rick LaLance moved to approve the master plan and preliminary plat subject to all staff comments; the motion was seconded by Mr. Shawn Wright and carried by the following vote: Aye: Kathy Jones Ken Halliburton 4 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Jami Averwater Rick LaLance Chase Salas Warren Russell Shawn Wright Nay: None. Singer Park, Lot 1 (Northwest Broad Street Convenience Market) [2021-3159] site plan review for 4,500 ft2 gas station/convenience store on 1-acre zoned L-I located along Northwest Broad Street and Singer Road, Prasant Maheta developer. 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. Mr. Matt Taylor (design engineer) was in attendance to represent the application. There being no further discussion, Vice-Chairman Ken Halliburton moved to approve the site plan 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 Chase Salas Warren Russell Shawn Wright Nay: None. 5 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Sanders Corner Phase 1 & 2 [2021-3164] site plan review for 10,708 ft2 commercial center and 5,238 ft2 gas station on 2.8 acres zoned PCD located along West Northfield Boulevard and Sulphur Springs Road, P & H Joint Venture developer. 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. She requested to continue working with the design team on outstanding issues, including formal open space and landscaping around the stormwater ponds, prior to the issuance of building permits for this proposal. Mr. Matt Taylor (design engineer) said that the stormwater ponds would be screened with a berm that will be higher than the roadway. He stated that he would continue to work with Ms. Green on this issue. Mr. Rick LaLance requested for additional landscaping to screen the stormwater ponds. Mr. Taylor agreed to provide a double row of landscaping for the stormwater ponds. There being no further discussion, Mr. Warren Russell moved to approve the site plan 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 Chase Salas Warren Russell Shawn Wright Nay: None. 6 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Sanders Corner [2021-1035] integrated preliminary plat for 3 lots on 4.6 acres zoned PCD located along West Northfield Boulevard and Sulphur Springs Road, P & H Venture developer. 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. Mr. Matt Taylor (design engineer) was in attendance to represent the application. There being no further discussion, Vice-Chairman Ken Halliburton moved to approve the integrated preliminary plat subject to all staff comments; the motion was seconded by Mr. Chase Salas and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Chase Salas Warren Russell Shawn Wright Nay: None. Parkside MHA [2021-3158] site plan for 46 multi-family residential dwelling units on 2.78 acres zoned PUD located along East Castle Street and South Highland Avenue, Murfreesboro Housing Authority developer. 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. Ms. Margaret Butler (architect) was in attendance to represent the application. Ms. Butler stated she would continue working with Staff to address all outstanding staff comments. 7 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 There being no further discussion, Mr. Warren Russell moved to approve the site plan 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 Chase Salas Warren Russell Shawn Wright Nay: None. Buc-ee’s [2021-1034] preliminary plat for 2 lots on 52.81 acres zoned G-I located along Elam Road and Joe B Jackson Parkway, Buc-ee’s, LTD developer. 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. Matthew Blomeley added that any approval should be subject to final approval by City Council of the associated annexation, zoning, and right-of-way abandonment requests. Ms. Kelley Frank (design engineer) was in attendance to represent the application. There being no further discussion, Mr. Chase Salas moved to approve the preliminary plat 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 8 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Rick LaLance Chase Salas Warren Russell Shawn Wright Nay: None. 6. Public Hearings and Recommendations to City Council: Mandatory Referral/ROW Abandonment [2021-732] to consider the abandonment of a segment of Elam Road Right-of-Way, Kelley Frank of Kimley-Horn on behalf of Bucee’s, LTD 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. There being no further discussion, Mr. Rick LaLance moved to schedule a public hearing on January 12, 2022; seconded by Mr. Shawn Wright, the motion carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Chase Salas Warren Russell Shawn Wright Nay: None. Mandatory Referral to consider the purchase of land and buildings at 750 S. Church Street from AEDC Federal Credit Union. Mr. Roman Hankins presented the Staff 9 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 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, Ms. Jami Averwater moved to approve the Mandatory Referral; the motion was seconded by Vice-Chairman Ken Halliburton and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Chase Salas Warren Russell Shawn Wright Nay: None. 7. Staff Reports and Other Business: Hear report from Assistant City Manager/Utility Enterprises Executive Director, Darren Gore, regarding Salem Highway Sanitary Sewer Basin Study (MF11). Mr. Darren Gore gave a PowerPoint presentation to the Commission members, explaining the Salem Highway Sanitary Sewer Basin Study (MF11). He said that, based on capacity limitations and overflow concerns, MWRD staff cannot support any increased rezoning requests (or new projects) that results in an increase in sewer connections until improvements are made. MWRD hopes to start improvements in fall of 2022 and recommence issuing “will serve’ letters for sanitary sewer service to new projects and support increased density (should PC deem it appropriate). At the conclusion of the presentation, the Planning Commission had the opportunity to ask questions of Mr. Gore. 10 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 Mandatory Referral [2021-736] easement to MTEMC for Rutherford County One Stop Facility on Blaze Drive, City of Murfreesboro applicant. Mr. Roman Hankins presented the need for an MTEMC electric easement across a portion of City-owned property at Blaze and Fortress that has been leased to Rutherford County for construction of a “One Stop” facility. There being no further discussion, Vice-Chairman Ken Halliburton moved to approve the request; the motion was seconded by Mr. Rick LaLance and carried by the following vote: Aye: Kathy Jones Ken Halliburton Jami Averwater Rick LaLance Chase Salas Warren Russell 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. Mr. Matthew Blomeley provided an update on this abandonment that will be presented to City Council December 16, 2021. After consultation with the Legal Department, Staff is recommending to Council that its action also include any interest that the City may have in the portion of the alley right-of-way that is already shown to be incorporated into the adjacent parcel just north of Bridge Avenue. Staff is bringing this to the Planning Commission for information only and no action is needed. 11 MINUTES OF THE MURFREESBORO PLANNING COMMISSION DECEMBER 15, 2021 8. Adjourn. There being no further business the meeting adjourned at 2:30 p.m. ___________________________ Chair ____________________________ Secretary GM: cj 12

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