Planning Commission

MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 6:00 PM CITY HALL MEMBERS PRESENT STAFF PRESENT Kathy Jones, Chair Greg McKnight, Planning Director Jami Averwater Matthew Blomeley, Assistant Planning Director Warren Russell Margaret Ann Green, Principal Planner Chase Salas Holly Smyth, Principal Planner Shawn Wright Amelia Kerr, Planner Katie Noel, Project Engineer Carolyn Jaco, Recording Assistant Roman Hankins, Assistant City Attorney Sam Huddleston, Executive Dir. Dev’t Services 1. Call to order and 2. Determination of a Quorum Mr. Greg McKnight, acting as Chair Pro-Tem, called the meeting to order at 6:00 PM and requested for Item 4 a. the Election of Chair and Vice-Chair for 2022-2023, to be moved as the first item on the Agenda. A quorum was present. Mr. Shawn Wright made a motion for Election of Chair and Vice Chair 2022-2023 to be moved to the first item on the agenda; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None Mr. Greg McKnight opened the floor for the nomination of the 2022-2023 Planning Commission Chair. 1 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Mr. Warren Russell made a motion to elect Kathy Jones as Chair of the Planning Commission for 2022-2023; the motion was seconded by Mr. Jami Averwater and carried by the following vote: Aye: Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None Abstain: Kathy Jones Mr. Greg McKnight opened the floor for the nomination of the 2022-2023 Planning Commission Vice-Chair. Mr. Chase Salas made a motion to elect Ken Halliburton as Vice-Chair of the Planning Commission for the 2022-2023 year; the motion was seconded by Mr. Warren Russell and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None 3. Approve minutes of the June 1, 2022, and June 15, 2022, Planning Commission meetings. Ms. Jami Averwater moved to approve the minutes of the June 1, 2022 and June 15, 2022 Planning Commission meetings; the motion was seconded by Mr. Chase Salas and carried by the following vote: 2 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None. 4. Staff Reports Other Business: Mandatory Referral [2022-718] to consider the abandonment of a portion of a raw water line easement located on property along Dejarnette Lane and Osborne Lane, Huddleston-Steele Engineering, Inc. applicant. Ms. Amelia Kerr 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. Amelia Kerr stated Staff recommends approval with 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 (s). The legal instrument(s) will be subject to the final review and approval of the City Legal Department. 2. The applicant will be responsible for recording the legal instrument(s), including paying any recording fees. There being no further discussion, Mr. Chase Salas moved to approve the mandatory referral subject to all staff comments; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell 3 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Chase Salas Shawn Wright Nay: None. Mandatory Referral [2022-719] to consider the dedication of electric easements on City-owned property located along Joe B Jackson Parkway and Vapor Trail, City of Murfreesboro Legal Department applicant. Mr. Roman Hankins 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. Warren Russell moved to approve the mandatory referral subject to all staff comments; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None. 5. Public Hearings and Recommendations to City Council: Annexation petition and plan of services [2022-506] or request for service as an outside the City sewer customer for approximately 1.0 acre located at 3905 Ashley Drive, Kasie Nunley owner. Mr. Matthew Blomeley 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. Staff recommends approving the property for outside the City sewer customer service and not for annexation. The applicant, Ms. Kasie Nunley, was in attendance. 4 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 The Planning Commission began discussing the proposal and wanted to know who would be responsible for the cost to connect to City sanitary sewer for this property. Mr. Blomeley explained the property owner would be responsible for the expense and for working with the developer of Magnolia Grove to extend sewer. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the matter; therefore, Chair Kathy Jones closed the public hearing. There being no further discussion, Mr. Warren Russell moved to recommend approval of the property as an outside the City sewer customer service and; the motion was seconded by Mr. Chase Salas and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Abstain: Shawn Wright Zoning application [2022-410] for approximately 19.5 acres to be rezoned from RS- 15 to RS-8 and approximately 6.0 acres to be rezoned from RS-15 to CF located along Franklin Road, Beazer Homes applicant. Mr. Matthew Blomeley 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. Mr. Brian Grover of SEC was in attendance, representing the applicant. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the request; therefore, Chair Kathy Jones closed the public hearing. 5 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 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. Chase Salas and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None Zoning application [2022-413] for approximately 10.8 acres located at 2655 Wilkinson Pike to be rezoned from RS-15, MU, GDO-1, & GDO-2 to PRD, GDO-1, & GDO-2 (Toll Brothers at Gateway PRD), Toll Brothers applicant. Ms. Margaret Ann Green 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. Mr. Brian Grover of SEC, Mr. Michael Burton, Mr. Jordan Hartigan, and Mr. Rob Molchan were in attendance for the meeting. Mr. Brian Grover 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 Jones requested that all high visibility units should include enhanced elevations. In addition, the side elevations should be included in the pattern book. The Planning Commission continued with questions regarding the exceptions, and the private solid waste carts being stored in garages with vehicles only. Chair Kathy Jones opened the public hearing. No one came forward to speak for or against the request; therefore, Chair Kathy Jones closed the public hearing 6 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 There being no further discussion, Ms. Jami Averwater moved to approve the zoning application subject to all staff comments including consistency in the pattern book regarding the enhanced elevations in high visible areas; the motion was seconded by Mr. Warren Russell and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None Annexation petition and plan of services [2021-505] for approximately 0.7 acres located along Elam Road as well as approximately 3,700 linear feet of Elam Road right-of-way and the right-of-way of the Elam Road/I-24 frontage road, Swanson Developments, LP applicant. Ms. Holly Smyth 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. Mr. Brian Grover of SEC and Mr. Joe Swanson Jr. (developer) were in attendance representing the application. Chair Kathy Jones opened the public hearing. 1. Mr. Wallace Maples, 5550 Elam Road – expressed concerns regarding traffic on Elam Road, including construction traffic. He is not in favor of the annexation request. 2. Mr. Mark Green, 5302 Elam Road – expressed concerns regarding traffic on Elam Road. He is not in favor of the annexation request. 7 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 3. Ms. Peggy Maples, 5506 Elam Road – expressed concerns regarding traffic and drainage. She opposes the annexation request. 4. Mr. & Ms. Lopez, 5602 Elam Road –They have concerns with traffic and the proposed widening of Elam Road. They oppose the annexation request. 5. Mr. Bob Hoggatt, 5623 Elam Road – voiced his concerns with the increase in crime and traffic. He opposes the annexation request. 6. Ms. Angie McFarland Kleinau, 5942 West Gum Road – voiced her concerns with safety and crime in her area. She opposes the annexation request. 7. Mr. Joe Swanson, Jr., 3614 Manchester Pike- came forward and apologized to the community about the construction traffic of the last 45 days but that it would be ending in 7 days. He has been in contact with Greg Brooks with Rutherford County Highway Department to make repairs to Elam Road where needed. Ms. Kathy Jones closed the public hearing. Ms. Holly Smyth addressed concerns regarding emergency response. Mr. Brian Grover of SEC addressed drainage and roadway improvements. There being no further discussion, Mr. Warren Russell moved to approve the Annexation petition and plan of services subject to all staff comments; the motion was seconded by Ms. Jami Averwater and carried by the following vote: Aye: Kathy Jones Jami Averwater Warren Russell Chase Salas Shawn Wright Nay: None 8 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Zoning application [2022-412] to amend the Parkway Place PID on approximately 151 acres located along Joe B Jackson Parkway and Richard Reeves Drive and to zone approximately 0.9 acres located along Elam Road to PID simultaneous with annexation, Swanson Developments, LP applicant. Ms. Holly Smyth 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. Katie Noel, Project Engineer, came forward stating the City had asked for this connection to Elam Road due to the continued development within this area. This road provides an important link in Rutherford County and the improvements would disburse traffic. Lastly, a traffic study would be provided at the same time as site plans are submitted for development. Ms. Holly Smyth explained a neighborhood meeting had been conducted on July 11, 2022, which approximately 30 people had attended. Mr. Brian Grover of SEC and Mr. Joe Swanson, Jr. (developer) were in attendance representing the application. Mr. Brian Grover 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. 1) Mr. Marty Perkins, 3795 Mt Tabor Road – opposes the development and the entrance request off Elam Road. 2) Mr. Jonathan Beverly, 401 Davenport Drive – opposes the allowable use for a lumber yard and opposes large tractor trailers using the new connector road. 3) Mr. Randall Patterson, 5807 Elam Road – opposes large tractor trailers using the proposed connector road. In addition, he requested for the cemetery be considered with 9 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Elam Road improvements due to services and those visiting the cemetery have been parking on Elam Road. 4) Mr. Allan Cook, 2915 Mt Tabor Road – has concerns with the new connector road allowing an increase in traffic. 5) Mr. Randall Upchurch, 5838 Elam Road – opposes the proposal due to safety and the increase in traffic. 6) Mr. Dale Bonfiant, 5317 Elam Road – opposes the proposal due to Elam Road being dangerous. 7) Ms. Angie McFarland Kleinau, 5942 West Gum Road – expressed traffic concerns and opposes this proposal. 8) Mr. George and Penny Nelson, 5704 Elam Road – oppose this proposal and wanted to know who would pay for road improvements. 9) Ms. Peggy Maples, 5506 Elam Road – opposes this request and voiced her concerns regarding communication between Rutherford County and the City of Murfreesboro. 10) Mr. Mark Green, 5802 Elam Road – opposes this request and wanted to know what is the advantage for emergency traffic using a connector road off of Elam Road versus using Joe B Jackson Parkway? 11) Mr. Matthew Hicks, 5605 Elam Road – stated Tennessee Department of Transportation 2040 plan has an interchange proposal for Elam Road. This would allow additional traffic to the proposed connector road. Chair Kathy Jones closed the public hearing. Mr. Sam Huddleston addressed questions regarding traffic conditions and the proposed private roadway connection to Elam Road. 10 MINUTES OF THE MURFREESBORO PLANNING COMMISSION JULY 13, 2022 Mr. Holly Smyth came forward to summarize the updated allowable uses for all regions which would be provided in the applicant’s revised pattern book. Ms. Katie Noel came forward to make known the 2040 Transportation Plan had incorporated Tennessee Department of Transportation road projects. Currently, she is not aware of any plans from TDOT for an Elam Road interchange project and it is not incorporated in the 2040 Transportation Plan. There being no further discussion, Mr. Shawn Wright 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: Aye: Kathy Jones Warren Russell Shawn Wright Nay: Jami Averwater Chase Salas 6. Staff Reports and Other Business There being no further business the meeting adjourned at 9:40 p.m. _____________________________________ Chair ______________________________________ Secretary GM: cj 11