Planning Commission

CITY OF MURFREESBORO PLANNING COMMISSION AGENDA City Hall, 111 W. Vine Street, Council Chambers DECEMBER 4, 2024 Kathy Jones 6:00 PM Chair 1. Call to order. 2. Determination of a quorum. 3. Public Comments. 4. Public Hearings and Recommendations to Council: a. Zoning application [2024-418] for approximately 8.17 acres located along Joe B Jackson Parkway to be rezoned from H-I to CH, Athena Hospitality Group applicant. (Project Planner: Holly Smyth) b. Mandatory Referral [2024-725] to consider the abandonment of two segments of East Northfield Boulevard right-of-way, Haury & Smith Contractors, Inc. applicant. (Project Planner: Holly Smyth) 5. Staff Reports and Other Business: a. Robert Rose Drive Commercial, 3rd Resubdivision of Lot 3 & 2nd Resubdivision of Lot 2 [2024-2093] final plat for 2 lots on 5.7 acres zoned CH, L-I, & GDO-1 located along Robert Rose Drive, City of Murfreesboro developer. (Project Planner: Matthew Blomeley) 6. Adjourn. considered ripe for application of the transitional policy to a commercial designation. However, Guiding Principle 11 on page 6 of the Addendum, encourages development patterns that “provide appropriate transitions and/or buffering between differing land use intensities”. If the rezoning request is approved, 10’-wide Type A landscape buffers would be required to be installed with the development of the CH parcel where it abuts an H-I parcel, as well as with the development of the H-I parcel where it abuts a CH parcel. However, when two adjacent parcels have the same zone designation, as is the case now, no landscape buffer would be required with new construction; only the standard perimeter planting yards would be required. As to uses, the CH zone district allows convenience stores, gasoline sales, restaurants, drive-thrus, and extended stay hotel in existence or envisioned, but some of the uses that it would not allow include automotive/motor Vehicle repair, automobile body shop, motor vehicle sales, rental (other than automobiles) or (medium & heavy duty commercial vehicles), crematory, gun sales, livestock auction, and most “Industrial” classified uses (see Chart 1 attached). Several of the existing owners have provided written support of the zone change for the primary parcel as well as their own parcel per the attached supporting correspondence that were captured in the above summary table. If additional written information is obtained between now and the meeting, that correspondence will be shared with the Planning Commission The Planning Commission will need to determine whether or not the request for rezoning a single parcel or multiple parcels is consistent with the transition intent of the comprehensive plan. If not, the Planning Commission will need to decide whether or not this is an appropriate deviation from the recommendations of the Comprehensive Plan. Department Recommendation Staff would be supportive of a zone change to all 6 parcels to CH given the above background and the following reasons: 1) The uses of the existing developed parcels in the study area are more commercial in nature and the undeveloped parcels in the study area are expected to develop with commercial uses as well, rather than potentially intense uses of the H-I district, creating a more contiguous transitional area between the more commercial area near the interchange to the more industrial area further away from the interchange. 2) A Type A buffer will be required to be installed on both sides of the lot lines where CH zoning is adjacent to H-I zoning, which will assist in mitigating negative impacts from potentially incompatible uses. Page 4 of 5 Joe B Jackson Parkway rezoning CH to HI_2024-418 PC PH 12-4-24_final 12/4/2024 Action Needed The applicant will be present at the Planning Commission to provide further information on the proposed zoning request. The Planning Commission should conduct a public hearing, after which it will need to formulate a recommendation to City Council. Attachments: Ortho Zone Map No-ortho Zone Map Zoning Ordinance Chart 1 Correspondence of Support for Zone Change Page 5 of 5 Joe B Jackson Parkway rezoning CH to HI_2024-418 PC PH 12-4-24_final 12/4/2024 From: John Harney To: Holly Smyth Subject: [EXTERNAL]- FW: {EXTERNAL}FW: Joe B Jackson Pkwy - Proposed Woodsprings Suites Rezoning Date: Tuesday, November 26, 2024 9:08:42 AM Importance: High You don't often get email from john@parktrust.com. Learn why this is important Holly,      See the Taco Bell site owners approval email response below to my ask that they agree to be rezoned to CH. Thanks, John From: Homayoun Aminmadan > Sent: Tuesday, November 26, 2024 8:45 AM To: John Harney Cc: Homayoun Aminmadani > Subject: RE: {EXTERNAL}FW: Joe B Jackson Pkwy - Proposed Woodsprings Suites Rezoning We are in agreement with this, Homey From: John Harney Sent: Tuesday, November 26, 2024 8:29 AM To: Homayoun Aminmadani > Subject: RE: {EXTERNAL}FW: Joe B Jackson Pkwy - Proposed Woodsprings Suites Rezoning Importance: High Homey,       Would you mind responding back to this email that you would not be opposed to your parcel being rezoned to CH commercial highway? This zoning by right allows your present use and most all other commercial retail uses. The City is saying they want to rezone all four front parcels to CH so as not be just spot zoning the one for the hotel. Most everyone I’ve talked with in the Joe B Jackson Pkwy area is happy with the prospect of a nice hotel coming to the area. Thanks, John John Harney Park Trust Commercial, LLC Park Trust Development/CEO 1225 Garrison Drive, Suite 202 Murfreesboro TN 37129 C: (615) 542-0715 O: (615) 234-5020 From: Homayoun Aminmadani > Sent: Monday, November 18, 2024 1:07 PM To: John Harney >; John Miljanich >; Imaan Ferdowsi >; Shareef Aminmadani >; Joanna Ross > Subject: Fwd: {EXTERNAL}FW: Joe B Jackson Pkwy - Proposed Woodsprings Suites Rezoning John. Taco Bell is in agreement with the reasoning of your property on Joe B Jackson pkwy so long as it doesn’t affect the operation of a Taco Bell. Thank you. Homey Aminmadani. Sent from my iPhone From: John Harney To: Holly Smyth Subject: [EXTERNAL]- FW: Rezoning of Joe B Jackson Pkwy land for Hotel Date: Tuesday, November 26, 2024 11:59:50 AM Importance: High Holly,       See the email below from the owner of the two lots approving the rezoning to commercial highway CH . Thanks, John John Harney Park Trust Commercial, LLC Park Trust Development/CEO 1225 Garrison Drive, Suite 202 Murfreesboro TN 37129 C: (615) 542-0715 O: (615) 234-5020 From: Ken Harrison > Sent: Tuesday, November 26, 2024 11:54 AM To: John Harney > Subject: RE: Rezoning of Joe B Jackson Pkwy land for Hotel I am agreeable to the rezoning for both properties as you have provided. I appreciate your help. KH From: John Harney > Sent: Tuesday, November 26, 2024 11:49 AM To: Ken Harrison > Subject: Rezoning of Joe B Jackson Pkwy land for Hotel Importance: High Ken,      The City has me asking all the owners of the lots fronting Joe B Jackson Pkwy close to the proposed hotel site and your lot on Elam Farms Pkwy to affirm they are willing to be rezoned Commercial Hwy CH from the present Heavy Industrial zoning. They want to do this so the rezone of the 2.34 ac lot for the hotel won’t appear to be spot zoning.      Can you respond back to this email that as owners you agree top rezone both of these lots, Tax Parcels 50.36 & 50? Thanks, John John Harney Park Trust Commercial, LLC Park Trust Development/CEO 1225 Garrison Drive, Suite 202 Murfreesboro TN 37129 C: (615) 542-0715 O: (615) 234-5020 MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 DECEMBER 4, 2024 PROJECT PLANNER: HOLLY SMYTH 4.b. Mandatory Referral [2024-725] to consider the abandonment of two segments of East Northfield Boulevard right-of-way, Haury & Smith Contractors, Inc. applicant. In this mandatory referral, the Planning Commission is being asked to consider abandoning two small portions of right-of-way (ROW) of East Northfield Boulevard containing approximately 1,779 square-feet in area. In 2001 these rights-of-way were recorded through Record Book 85, page 1070 as acquired right-of-way. Two asphalt driveways were constructed within these two areas but development to the north has not yet occurred. The Northfield Acres PUD project has approved new access points into the new development area at different locations than these two driveways. Therefore, these existing asphalted areas will not be needed as they will not be providing access into the development. Staff has obtained comments from other City departments and utility providers regarding the impact of the proposed ROW abandonment. Their responses are included in the attached memorandum from Planning staff. The report attachments include the map depicting the location of the ROW in question. Based on feedback received from utilities, there are MWRD sanitary sewer, Comcast, and AT&T facilities either underground or in the aerial lines above. Therefore, if the ROW areas are abandoned, then public utility easements will need to be retained to accommodate the existing utility infrastructure. Based on the responses received, staff recommends the following conditions of approval be applicable to the ROW abandonment: 1. The applicant shall prepare and submit legal descriptions and exhibits necessary for the City Legal Department to draft any necessary legal instruments. Such instrument(s) shall be subject to the final approval of the City Legal Department. 2. The applicant shall be responsible for the recording of the legal instrument(s), including payment of the recording fee. 3. The 2 right-of-way abandonment areas shall retain public utility easements over the entire abandonment areas. The easements shall be recorded by deed simultaneously with the recording of the quitclaim deed abandoning the right-of-way and shall subsequently be depicted on the recorded plat for the subject property. Action Needed The Planning Commission should conduct a public hearing and then discuss this matter and formulate a recommendation to the City Council regarding the abandonment. Staff recommends that any approval be made subject to the above conditions. Page 1 of 2 2024-725_ROW Abandonment for portions of East Northfield for PC PH_Final 12/4/2024 Attachments: -Memorandum from Planning Staff regarding responses -Non-Ortho and Ortho maps depicting the abandonment area -Applicants request to abandon ROW letter, legal descriptions, and engineer map Page 2 of 2 2024-725_ROW Abandonment for portions of East Northfield for PC PH_Final 12/4/2024  Page|1 Memorandum To: Ben Newman, Planning Director Matthew Blomeley, Assistant Planning Director From: Holly Smyth, AICP Principal Planner Date: November 25, 2024 Re: Mandatory Referral 2024-725: Abandonment of driveway portion of East Northfield Boulevard Right-of-way (ROW) east of North Tennessee Boulevard Following is a summary of the City department staff and utility provider comments regarding the requested right- of-way (ROW) abandonment. Engineering & Streets Departments The request to abandon ROW should be subject to submission and recording of a deed transferring the abandoned ROW. In order to facilitate the abandonment process, the applicant should provide a legal description and exhibits necessary for the City to draft the 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. Planning Department In order to facilitate the abandonment process, the applicant should provide a legal description and exhibits necessary for the City to draft the legal documents as well as pay any recording fees. In place of the ROW, the two areas should become public utility easements to retain access to existing utilities within the areas. In addition, the ROW abandonment should be subject to the final approval of the legal documents by the City Attorney. Fire and Rescue Department MFRD does not have any comments on the abandonment. Police Department The Murfreesboro Police Department has no issues with the ROW abandonment request. Solid Waste Department The abandonment will pose no problems for the Solid Waste Department. Murfreesboro Water Resources Department (MWRD) MWRD is not affected by the abandonment other than the need to retain sanitary sewer easements. Consolidated Utility District (CUD) Not within CUD’s service area. 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 Middle Tennessee Electric Members Cooperative (MTE) No MTE comments for this abandonment. MTE will take care of any easements with the development. AT&T AT&T has buried and aerial facilities across these two driveways that need to remain accessible. Atmos Energy Atmos Energy has no issue with the abandonment of the ROW in this area. Comcast Comcast has aerial facilities along this route that need to remain accessible. 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 November 27, 2024 Ms. Holly Smyth City of Murfreesboro Planning Dept. 111 West Vine Street Murfreesboro, TN 37133-1139 RE: Northfield Acres ROW Abandonment Mandatory Referral SEC Project No. 18116 Dear Holly, Please find the attached supplemental documents to support the mandatory referral request to abandon portions of the Right-Of-Way at the property located along E. Northfield Blvd. Should you need any clarification concerning the request, please feel free to contact me at 615-890-7901. Sincerely, Matt Taylor, P.E. SEC, Inc.  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: Tax Map/Group/Parcel: 81 Parcel 115.02 Address (if applicable): Street Name (if abandonment of ROW): NW intersection of N. Tennessee Blvd and E. Northfield Blvd. Type of Mandatory Referral: ROW abandonment Applicant Information: Name of Applicant: Matt Taylor Company Name (if applicable): SEC, Inc. Street Address or PO Box: 850 Middle Tennessee Blvd City: Murfreesboro State: TN Zip Code: 37129 Email Address: Phone Number: (615) 890-7901 Required Attachments: ☐ Letter from applicant detailing the request ■ ☐ Exhibit of requested area, drawn to scale ■ ☐ Legal description (if applicable) ___________________________________________________ ______________________________ Applicant Signature Date MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 DECEMBER 4, 2024 PROJECT PLANNER: MATTHEW BLOMELEY 5.a. Robert Rose Drive Commercial, 3rd Resubdivision of Lot 3 & 2nd Resubdivision of Lot 2 [2024-2093] final plat for 2 lots on 5.7 acres zoned CH, L-I, & GDO-1 located along Robert Rose Drive, City of Murfreesboro developer. This is a final plat review of Robert Rose Drive Commercial, Lots 2 & 3. The property is zoned L-I, CH, & GDO-1. The purpose of this plat is to reconfigure two existing lots, dedicate easements, and dedicate the right-of-way of the Gateway Boulevard extension. Lot 3 depicted on the plat contains the new Murfreesboro Water Resources Department office. Staff recommends that any approval of this final plat be made subject to all staff comments. Staff Comments Development Services – Planning Matthew Blomeley, 615.893.6441, mblomeley@murfreesborotn.gov 1. In the void and vacate note, please include the following sentence at the end of this note: "All other information on said plats shall remain the same." 2. In order to abandon a portion of the drainage easement, a mandatory referral must be submitted to the Planning Department and approved by the Planning Commission and City Council. It can’t simply be abandoned by the recording of this plat. 3. There's a drainage easement on lot 3 on 25/290 that I do not see depicted on this plat. 36/123 calls it out as to be abandoned. Was it ever actually abandoned or does it still exist? If there is any doubt as to whether it was ever formally abandoned and it currently serves no purpose, then it could potentially be included in the mandatory referral request referenced in comment #2 above. 4. The way that the easements are depicted is very confusing. Please make clearer. 5. In General Note 8, please include the appropriate endnote from Chart 2 of the Zoning Ordinance (Endnote #6) for the side setbacks in the CH zone. Also, please remove the L-I minimum lot width from this note. 6. Please add several additional labels for the 10’ PUE. 7. Remove the word “proposed” from the MTE easement. The lack of a book/page reference in the label is sufficient to indicate that it is proposed with this plat. 8. The MTE easement referenced in the comment above appears to extend over on to Lot 1 to the east. No portion of the easement can be recorded on an off-site parcel without the owners of that parcel being a signatory to the plat. Please remove any portion shown off-site. 9. Provide a label with the ownership and property information for the property to the north. 1  10. Please contact City Traffic Engineer Ram Balachandran for the correct roadway classification of Gateway Boulevard, as its extension likely modified its classification. 11. It appears that the new 10’ PUE crosses the western boundary of Lot 2 onto the Oaks parcel both to the north and south of this lot. No portion of the easement can be recorded on an off-site parcel without the owners of that parcel being a signatory to the plat. Please remove any portion shown off-site. 12. For the lot lines being abandoned, please revise the label as follows: “Existing lot line to be abandoned with the recording of this plat.” 13. It is difficult to tell which side of the floodplain line is in and out. Please improve labeling. Development Services – Engineering Jennifer Knauf, 615.893.6441, jknauf@murfreesborotn.gov 1. Please clarify the Base Flood Elevation shown on the plat in the Possible Flooding Note. It’s shown as 574.5 ft but 574.7 ft on the LOMR-FW, Case No. 09-04-7356A. Also, the flood protection elevation for both residential and non-residential structures is 1 ft above the base flood elevation. 2. The Minimum Finished Floor Elevation (MFE) (shown top left of the page) should be 1 ft above the base flood elevation, for new construction and significant redevelopment. Development Services – Landscaping Brad Barbee, 615.893.6441, bbarbee@murfreesborotn.gov 1. Contact Brad Barbee directly for landscaping comments. Building and Codes Department Brian Hardison, 615.893.3750, bhardison@murfreesborotn.gov 1. Contact Building and Codes directly for codes comments. Signage (Building and Codes) Teresa Stevens, 615.893.3750 tstevens@murfreesborotn.gov 1. Contact Building and Codes directly for signage comments. Consolidated Utility District Will Steele, 615.225.3313, wsteele@cudrc.com 1. Not in CUD’s service area. Middle Tennessee Electric Membership Corporation Chris Barns, 615.494.0428, ChrisBarns@mte.com 1. Show easements for existing and proposed MTE electric facilities. Murfreesboro Fire and Rescue Department Brian Lowe, 615.893.1422, blowe@murfreesborotn.gov 1. Contact MFRD directly for fire comments. 2 Murfreesboro Water Resources Department Anita Heck, 615.890.0862, aheck@murfreesborotn.gov 1. Per MWRD, revise the labeling for the additional water and sewer easement being recorded. The existing easement boundary line should remain. Label the existing easement with the book and page numbers and then provide a separate label for the new easement being dedicated with this plat. Informational and Procedural Comments Development Services – Planning Matthew Blomeley, 615.893.6441, mblomeley@murfreesborotn.gov 1. Per the engineer’s certification on this plan, this property lies partially in Zone AE, inside areas designated as floodway and/or 100-year floodplain per the latest FIRM maps (5/9/23) for the City of Murfreesboro. 2. This site plan is affected by the City’s Major Transportation Plan, as Gateway Boulevard has been extended southward through this property to intersect with Robert Rose Drive. 3. In accordance with TCA Section 7-59-310(b)(1), Competitive Cable and Video Services Act, in case or new construction of property development where utilities are to be placed underground, the developer or property owner shall give all providers of cable or video serving the City of Murfreesboro dates on which open trenching will be available for the providers’ installation of conduit, pedestals or vaults, and laterals referred to as “equipment” to be provided at such providers’ expense. Development Services – Engineering Jennifer Knauf, 615.893.6441, jknauf@murfreesborotn.gov 1. Prior to submitting the final plat to the Planning and Engineering Department for signatures, submit an Engineer’s Certification of the construction of the public infrastructure and stormwater management facilities in accordance with the Subdivision Regulations and Stormwater Management Ordinance. Development Services – Landscaping Brad Barbee, 615.893.6441, bbarbee@murfreesborotn.gov 1. No Comments Building and Codes Department Brian Hardison, 615.893.3750, bhardison@murfreesborotn.gov 1. No Comments Signage (Building and Codes) Teresa Stevens, 615.893.3750, tstevens@murfreesborotn.gov 1. No Comments 3 Consolidated Utility District Will Steele, 615.225.3313, wsteele@cudrc.com 1. No Comments Middle Tennessee Electric Membership Corporation Chris Barns, 615.494.0428, murfreesborocity.engineering@mtemc.com 1. No Comments Murfreesboro Fire and Rescue Department Brian Lowe, 615.893.1422, blowe@murfreesborotn.gov 1. No Comments Murfreesboro Water Resources Department Anita Heck, 615.890.0862, aheck@murfreesborotn.gov 1. No Comments 4