CITY OF MURFREESBORO PLANNING COMMISSION

AGENDA

City Hall, 111 W. Vine Street, Council Chambers

November 2, 2011 Bob Lamb 7:00 PM Chairman

1. Call to order.

2. Determination of a quorum.

3. Consent Agenda:

a. Mandatory Referral [2011-710] for easement abandonment along West Molloy Lane, Johnson Control applicant.

4. Public Hearings:

a. Rezoning request for approximately 19.11 acres along S.E. Broad Street [2011- 415] from PCD to CH including approx. 12.97 acres south of Joe B. Jackson Parkway and approx. 6.14 acres north of Joe B. Jackson Parkway, Ashley Hastings FLP and Shane Hastings FLP applicants.

b. Rezoning request for property at 503 N. Maney Avenue [2011- 414] consisting of approx. 0.42 acres from RS-8 to PCD, Mr. Peter Demos applicant.

c. Proposed Amendments to Major Thoroughfare Plan to include Bradyville Pike as MTI #30 [2011-902], Planning and Transportation Staff applicants.

5. Staff Reports and Other Business:

6. Adjourn

MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 NOVEMBER 2, 2011 3.a. Mandatory Referral [2011-710] for easement abandonment along West Molloy Lane, Johnson Control applicant. The subject property is located 1501 West Molloy Drive and is a part of the Johnson Controls property. Recently, the applicant has submitted a site plan for a 2,300 square foot building addition and a small parking lot addition. This site plan was reviewed and approved administratively. These improves will require abandonment of a Murfreesboro Water and Sewer easement. The water and sewer department sees no need to retain this easement for future use. The abandonment of any public utility easement in the City of Murfreesboro requires the review and approval of the Planning Commission and the City Council. Included with the agenda materials is a letter from Mr. Seth Sparkman, the developer’s representative, as well as an exhibit showing the area requested for abandonment. The Planning Commission should discuss this item and determine if there is a need to retain this easement. Staff will be available to answer questions if they arise.

MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 NOVEMBER 2, 2011 4.a. Rezoning request for approximately 19.11 acres along S.E. Broad Street [2011-

415] from PCD to CH including approx. 12.97 acres south of Joe B. Jackson Pkwy. and approx. 6.14 acres north of Joe B. Jackson Pkwy., Ashley Hastings FLP and Shane Hastings FLP applicants. In the summer of 2006 the Murfreesboro City Council approved a zoning plan for PCD zoning for the above captioned property located on both the north and south sides of Joe B. Jackson Parkway along S.E. Broad Street. The approved zoning plan included approximately 52 acres to be zoned as PCD for the Magnolia Village Planned Commercial District. There were co-applicants for that zoning plan and it was anticipated that the future development of the property would be done as one development. However, with the economic recession of the last several years the development never moved forward as envisioned and one of the co-applicants is no longer involved. Two of the parcels that he represented have been acquired by a bank (totaling 28.53 acres) and the former owner of one of the parcels. The other co-applicant, the applicant for this request, has made application to rezone their portion of the property to CH and remove it from the PCD zoning. Subsequent to the application being received by the Planning Department and prior to the Planning Commission meeting on October 19, 2011 the Planning Staff received a letter from the bank that currently owns the bulk of the property requesting their property be included with the application. Staff has endeavored to contact the remaining property owner (approx. 3.28 acres) but as of the time these comments were prepared had been unable to contact them. The 12.97 acres located south of Joe B. Jackson Pkwy. can easily stand independent of the property north of Joe B. Jackson Pkwy. and rezoning this portion of the property does not necessarily affect the PCD zoning for the remainder of the property. However, the PCD zoning plan for the land located north of Joe B. Jackson Pkwy. is dependent upon all four parcels for ultimate implementation and removal of any one of the parcels compromises the zoning plan. The PCD zoning approved for the property in 2006 intended to allow essentially the same type development as permitted in the CH district. It did include requirements buffers and design elements many of which have since become incorporated into the City’s zoning ordinance as required for all development city-wide and have become common place in our community. Included with the agenda materials is an illustration from the PCD program book labeled as the PRELIMINARY MASTER PLAN that shows the original development plan as well as the various parcels within it. The Planning Commission needs to conduct a public hearing after which it will need to prepare a recommendation for the City Council. Staff expects to have additional comments at the meeting.

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µCity Of Murfreesboro

111 W. Vine StreetMurfreesboro, Tennessee 37130

(615) 893-6441www.murfreesborotn.gov

Rezoning Request Along Joe B. Jackson Parkway from:PCD to CH

0 600 1,200300 Feet

Area Requested to be Zoned CH

Additional Area tobe Consideredto be Zoned CH

Map Document: (G:\planning\rezon\joebjacksonPCD_CH.mxd)10/7/2011 -- 10:35:50 AM

MINIMUM 50' BUFFERWITH EVERGREENTREES

SITE DATA

SITE:Total Sile Area:Open Space Required:Open Space Provided:Map & Parcel Numbers:

City.County:State:

Existing Zoning:

Proposed Zoning:Total Retail:Total Parking Retail:Retail Parking Ratio:

Total Required:Total Provided:

Buffers Provided:North Property LineWest Property LineManchester HighwaySouth Property Line

FAR. (Floor Area Ratio)O.S.R (Open Space Ratio)

NORTH PORTION / LOT ASite Area:Open Space:Building Sq. Ft.Parking Spaces Required:Parking Spaces Provided.

52.36 Acres (Approximately)10.47 Acres (20%)

11.36 Acres (21.7%)Map 126-ParceIs50.02. 50.03. 50.05Map 135C- Parcels 23.00, 26.00, 26 01MurfrecsboroRutherfordTennessee24.S Acres RS-15 (Residential Single-Famil})27.56 Acres Currently Non-AnnexedPCD (Planned Commercial Development)413,175 sq.ft.1,445 spaces1 space/300 sq.ft. retail

1,377 spaces1,434 spaces

26.72 Acres (Approximately)5.34 Acres (20%)311,693 Sq. Ft.1 space/300 Sq. Ft (1039 required)1,051 spaces

NORTH PORTION / OUT PARCELSSite Area: 11 87 Acres (Approximately)Out Parcels. 6(Out Parcel Data to be determinedon per lot basis)

SOUTH PORTION / LOT HSite Area:Open Space:Building Sq. Ft.:Parking Spaces RequiredParking Spaces Provided:

13.78 Acres (Approximately)6.10Acres(44.3%)101,482 Sq Ft.1 space / 300 Sq. Ft. (33S required)383 spaces

LANDSCAPE ARCHITECT / REPRESENTATIVE:Mr Alan ThompsonRagan Smith Associates315 Woodland StreetNashville, Tennessee 37206{615)244-8591

DEVELOPER /APPLICATION:Mr. ClairVanderschaafISlKGeorgetownCtMurfrcesboro, TN 37129(901)355-8873

Mr Denny HastingsHastings Family Limited Partnership100 Prince StreetShelbyville, TN 37160(615)494-5361

PRELIMINARY MASTER PLAN

Permitted Uses Chart:Assisted livingAdult Dav Care HomeChurchDay-Care CenterNursery SchoolPhilanthropic InstitutionAntique Shop <3,000sqflBakery-RetailBank, Branch OfficeBank, Drive-Up Electronic TellerBank, Mam OfficeBarber or Beau*} ShopBook or Card ShopBusinesses & Communications

ServicesDelicatessenDoughnut ShopDry Cleaning

Dry Cleaning Pick UpStation

Financial ServicesHealth ClubIce Cream ShopInterior DecoratorLaboratories, MedicalVeterinary ClinicFreight, Service FacilityMedical OfficesMedical Related ProfessionsOfficesPharmaciesRestaurant & Carry Out Rest.

(Alcohol Served on Premises)Video RentalBakery Goods

JewelryOffice/Art SuppliesPharmaceuticalsSilverware & CutlerySoapSpotting GoodsTobacco ProductsPost Office or Postal FacilityTelephone Service CenterCrafts StoreHome Improvement CenterGrocer;1

Department Store

iv mm

Magnolia Village Pattern Book

MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 NOVEMBER 2, 2011 4.b. Rezoning request for property at 503 N. Maney Avenue [2011-414] consisting

of approx. .42 acres from RS-8 to PCD, Mr. Peter Demos applicant.

The subject property is located at the northwest corner of the intersection of E. Bell St. and N. Maney Avenue. The applicant and his family desire to redevelop and renovate the existing residential property into offices to support their restaurant business. The property is currently zoned as RS-8 and has been zoned in this manner since adoption of the current zoning ordinance in 1984. The contemplated redevelopment requires rezoning to a zoning classification that would allow the property to be used for offices. During its September 21, 2011 meeting the Planning Commission heard discussion regarding the pending application and encouraged the applicant to make application as PCD rather than OG or OG-R. The applicant has prepared an application for PCD zoning and a copy of the proposed program book is included with the agenda materials for your review. The property at 503 N. Maney Avenue is approximately .42 acres (approx. 18,300 sq.ft.) and is improved with one principal residential structure that dates back to the late 1890s and early 1900s. The land use inventory prepared by the Planning Staff in 1984 indicates that at that time there were three dwelling units on the property. The house is currently vacant. Mr. Demos has indicated that the inside and outside of the structure has been altered in such a manner that it will require considerable effort to convert the structure to a single family dwelling. There is a detached accessory structure in the northwest corner of the lot accessed via a driveway shared with the adjoining residential lot to the north. The properties fronting along N. Maney Avenue are predominantly zoned RS-8 which permits by right one single family dwelling on a lot with a minimum size of 8,000 sq.ft. As with the RS-15, RS-12, and RS-10 zoning classifications the RS-8 classification also allows by special use permit subject to approval by the Board of Zoning Appeals such uses as Bed and Breakfast Inns and Homestays, Homes for the Aged, Adult Day Care Centers, Churches and other Institutional Group Assembly uses, Schools, and Clubs. The RS-8 classification requires at a minimum a 30 foot front setback, a 20 foot rear setback, and a 5 foot side setback. Corner lots used for single family purposes have 2 front and 2 side lines and no rear property line; properties used for purposes other than single family have 2 front lines, 1 side line and one rear lot line. The existing structure encroaches into both front yards and is considered to be a nonconforming structure. The use of the structure as a triplex was a nonconforming use.

Although most of the property along the street is zoned RS-8, the property on the east side of Maney Avenue directly across and diagonally across from 503 N. Maney Avenue is zoned OG-R (General Office District – Residential). This area was previously zoned CM-R (Medical District -Residential) but was rezoned to OG-R in 2010 as part of an effort to allow a wider range of office type uses in the area zoned CM-R and to address leasing issues for the existing commercial structures resulting from the relocation of the MTMC to Medical Center Parkway. Also, south of E. Bell Street and north of E. Burton Street are two parcels fronting on the west side of N. Maney that are zoned PUD which were approved for use as a Bed and Breakfast Inn and wedding business. These parcels were zoned RS-8 before they were rezoned to PUD in part to legitimize the owner’s use of the property that had grown from what had previously been approved as a Bed and Breakfast Homestay by the BZA. In an effort to anticipate questions about historic zoning staff has included with the agenda materials an illustration entitled “E. Main Street Historic Areas”. This illustration depicts the E. Main Street Historic Zone (H-1) with a heavy black line. This zoning district is under the jurisdiction of the City’s Historic Zoning Commission. 503 N. Maney is not located in the E. Main Street Historic Zone. The illustration also depicts two National Register Districts: the E. Main Street National Register District depicted in purple and the N. Maney National Register District depicted in blue. 503 N. Maney Avenue is located in the N. Maney National Register District. These National Register Districts are largely symbolic; they are not part of the City’s zoning and they do not regulate land use. The City’s historic zoning regulations do not regulate land use but rather exterior improvements and in any event, 503 N. Maney Avenue is not within a City historic zoning district. The property at 503 N. Maney Avenue is included in the area that was studied in the Maney Avenue Comprehensive Community Plan. The plan was adopted by the Planning Commission in July of 2004 although the plan was never adopted by the City Council. As a land use plan the document does not have the force of law but it does have considerable merit for guiding zoning decisions. The plan places 503 N. Maney Avenue in what it referred to as the North Maney Garden District and provides the following description for the general character and anticipated uses for the area:

“The unique residential character of this district, combined with its location on the heavily traveled Maney Avenue, promotes the expansion of uses in the district beyond the current uses permitted in the base zone. New permitted uses could include bed and breakfast establishments, dining (no more than 20 seats), home occupations (no more than 4 employees), multifamily housing (no more than one structure per lot and no more than 4 units per structure), and other

personal and professional service establishments that can be accommodated without a significant impact on the surrounding residential neighborhood character”.

The plan promotes a residential character for the streetscape of Maney Avenue north of E. Vine Street. However, it does not preclude the possibility for non-residential land uses that are compatible with the other residential uses in the area. It does promote that uses should respect the integrity of the existing residential neighborhood. The PCD zoning allows property owners flexibility in developing a plan that fits the property and achieves development goals. A property owner would not be bound by the buffering requirements that may otherwise be applicable and is able to pursue a design that may be different from the standard requirements applicable to the other zoning districts. Such variations from the minimum requirements could be approved as part of the PCD approval process and need not involve the BZA. All PCD plans are subject to approval by the Planning Commission and City Council and reasonable conditions of approval may be placed to assure compatibility with the neighborhood. Of course, some zoning standards can not be varied because they are necessary for functionality such as the width or length of parking spaces and the width of access drives. The applicant has scheduled a neighborhood meeting for 7:00 PM on October 11, 2011 to be held at the Carrige Lane Inn reception house. Staff will be in attendance and will be prepared to answer questions from the public regarding the application. The Planning Commission will need to discuss the application and program book. Should it find the application in good order to proceed, the matter will need to be scheduled for a public hearing after which the Planning Commission will be charged with preparing a recommendation for the City Council. Staff expects to have additional comments at the meeting.

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µCity Of Murfreesboro

111 W. Vine StreetMurfreesboro, Tennessee 37130

(615) 893-6441www.murfreesborotn.gov

Rezoning Request for 503 N. Maney Ave. from:RS-8 to PCD

0 200 400100 Feet

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Map Document: (G:\planning\rezon\503NManeyAve.mxd)10/7/2011 -- 10:46:27 AM

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μCity Of Murfreesboro

111 W. Vine StreetMurfreesboro, Tennessee 37130

(615) 893-6441www.murfreesborotn.gov

E. Main Street Historic Areas0 600 1,200 1,800300 Feet

G:\planning\HistoricZoning\AllDistricts_Zonesportrait.mxd - 1/20/2010 @ 3:23:26 PM

LegendE. Main Street Historic Zone

N. Maney National Register District

E. Main Street National Register District

MURFREESBORO PLANNING COMMISSION STAFF COMMENTS, PAGE 1 NOVEMBER 2, 2011 4.c. Proposed Amendments to Major Thoroughfare Plan to include Bradyville Pike

as MTI #30 [2011-902], Planning and Transportation Staff applicants.

Included with the agenda material is a memorandum from the City’s Transportation Director requesting that the Planning Commission consider amending the Major Thoroughfare Plan to include Bradyville Pike as a listed improvement in the document. Bradyville Pike is a state route and it is designated as SR99. The portion of the street proposed for inclusion is located between S.E. Broad Street (US 41) and S. Rutherford Blvd. The street is proposed to have three lanes, bike lanes, and transit shelters and is proposed to be listed as Mid-Term Improvement number 30. The Planning Commission will need to conduct a public hearing and then take action on the matter. After the Planning Commission takes action, the matter will be forwarded to the City Council for it to take action to adopt also. No public hearing is required by the City Council.

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µCity Of Murfreesboro

111 W. Vine StreetMurfreesboro, Tennessee 37130

(615) 893-6441www.murfreesborotn.gov

2025 Major Thoroughfare Plan AmendmentBradyville Pike Widening

0 1,000 2,000 3,000500 Feet

REQUEST

G:\traffic\MajorThoroughfareFiles\amendBradyvillePk.mxd - 9/30/2011 @ 2:48:01 PM

BRADYVILLE PK