CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, July 31, 2013, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1 st Floor 1. Call to order A G E N D A 2. Consideration of minutes for the regular meeting on June 26, New Business Variance Request a. Application Z by Mr. Ken Knuckles of Development Management Group, LLC, for Retail Partners Development and CF Murfreesboro Associates (Cousins Properties, LLC), is making the following requests for property located along the south side of Medical Center Parkway (more specifically, Tax Map 092, Parcel 09401) in the Commercial Highway (CH) and Gateway Design Overlay District (GDO-1) zones: Regarding 2711 Medical Center Parkway, a 6 variance from Section 24, Article III (E)(4)(b)[3] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between buildings and parking shall be 7 on lots of less than 1.5 acres; Regarding 2711 Medical Center Parkway, a 3 variance from Section 24, Article III (E)(4)(b)[3] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between buildings and parking shall be 7 on lots of less than 1.5 acres; and Regarding 2741 Medical Center Parkway, a 10 variance from Section 24, Article III (E)(4)(b)[4] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between parking and adjacent property shall be 15 on lots of 1.5 acres or more.

2 Special Use Permit Amendment/Height Variance Request b. Application Z by Mr. Dave Smith of Telecad Wireless, is making the following requests for property located in a General Office District Residential (OG-R) zone at 515 North Walnut Street: An amendment to a previously approved special use permit allowing the establishment of a telephone facility via the placement of cellular equipment on top of the principal structure. The applicant wishes to amend the special use permit in order to modify the antennae configuration.; and A 44 variance from the 35 maximum permitted building height, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance. Special Use Permit/Variance Requests c. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc., is making the following requests for property located in a Commercial Highway (CH) zone at 710 Memorial Boulevard: A special use permit in order to operate a temporary mobile recycling center; and An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length. d. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc., is making the following requests for property located in a Commercial Highway (CH) zone at 1825 Old Fort Parkway: A special use permit in order to operate a temporary mobile recycling center; and An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length.

3 e. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc., is making the following requests for property located in a Commercial Highway (CH) zone at 3060 South Church Street: A special use permit in order to operate a temporary mobile recycling center; An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length; and A 250 variance from Section 31(C)(6) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall be located closer than 300 from residentially-zoned property. f. Application Z by Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc., is making the following requests for property located in a Commercial Highway (CH) zone at 1114 Mercury Boulevard: A special use permit in order to operate a temporary mobile recycling center; An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length; and A 175 variance from Section 31(C)(6) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall be located closer than 300 from residentially-zoned property. Special Use Permit Requests g. Application Z by Mr. Mike Cullen, is requesting a special use permit in order to conduct a home occupation at his residence located at 1207 Azure Way. The property is located in a Residential Single-Family (RS-12) zone. The home occupation consists of group instruction for people convicted of driving under the influence or reckless endangerment. h. Application Z by Mr. Jeff Hooper of Barge Cauthen & Associates, Inc., for the Rutherford County Board of Education, is requesting a special use permit in order to expand an existing institutional group assembly use (a public school) in a Residential Single-Family (RS-15) zone for property located at 3945 Blaze Drive. The applicant is seeking approval to construct a 64,000 square-foot building addition as well as other site improvements.

4 i. (1) Request by Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., and Dr. Michael Hein, for Redeemer Classical Academy for a waiver by the BZA, in accordance with Section 8(H) of the City of Murfreesboro Zoning Ordinance, of the requirement that, if an application for a special use permit is denied by the BZA, a reapplication pertaining to the same property and requesting the same special use permit may not be filed within 18 months of the date final action was taken on the previous application. (2) Application Z by Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., and Dr. Michael Hein, for Redeemer Classical Academy, are requesting a special use permit in order to establish an institutional group assembly use (a private school) in a Residential Single-Family (RS-10) zone for property located at 1503 Sulphur Springs Road. As a component of their application, the applicants are requesting that the three (3) existing portable classroom buildings located on the subject property be allowed to remain on-site for an additional two (2) years. 4. Staff Reports and Other Business 5. Adjourn

5 Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals June 26, :00 P.M. City Hall, Council Chambers MEMBERS PRESENT John Rodgers, Chair Davis Young, Vice-Chair Julie R.P. King Ken Halliburton Frances Mosby MEMBERS ABSENT STAFF PRESENT Matthew Blomeley, Principal Planner Amelia Kerr, Sign Administrator Susan McGannon, City Attorney Brenda Davis, Recording Assistant Chairman Rodgers called the meeting to order at 1:00 p.m. The revised minutes for the May 22, 2013 regular meeting, which were distributed to the Board members prior to the meeting, were approved as submitted. New Business Sign Variance Request Application Z by Mr. Trevor Sledge, for Sledgecraft, Inc., is requesting a variance from Section 25 ¼ -24 (A)(22) of the City of Murfreesboro Sign Ordinance that prohibits a sign placed in or over a public utility or drainage easement on property located at 1133 Samsonite Boulevard. Ms. Kerr reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Ed Quaintance, representing Mr. Sledge, was present to answer any questions. Chairman Rodgers opened the public hearing. There being no one to speak for or against the request, Chairman Rodgers closed the public hearing.

6 BZA Minutes Regular Meeting June 26, 2013 Ms. King had a concern with the reason given for the encroachment. She said that the only reason justifying the variance is that allowing the encroachment into the easement will create more visibility. She did not see this as a hardship. Chairman Rodgers asked Ms. Kerr or Mr. Quaintance to give a little more detail about the need for the sign, where it is going to be located, and why. Mr. Quaintance said they have no other place to put the sign because the sewer line runs all the way across the front of the property. He said the other side of the property is where all the other utilities come in. This location is a good distance from the road. Chairman Rodgers asked Mr. Quaintance if the business has moved. Mr. Quaintance said no, they just haven t had a sign up for the last 5 years. Chairman Rodgers asked if Sledgecraft had been in this location for 5 years. Mr. Quaintance said Sledgecraft has been at this location for about 16 or 17 years. Chairman Rodgers asked if the road was reconstructed. Mr. Quaintance said when the Exit 80 interchange was constructed, the whole Samsonite Boulevard area was affected. Mr. Blomeley reviewed the location of the property on an aerial photo. Chairman Rodgers verified the sign location is between the parking lot and the road. Mr. Quaintance said it is actually to the left side of the parking lot, between the parking lot and the trees. Ms. Kerr said the 20-foot easement runs all the way across the front of that property and it is 37-feet back from the edge of pavement to get to the backside of that easement. Chairman Rodgers said it looks like the entire front of the property, including some of the parking lot, is the easement. Ms. Kerr and Mr. Quaintance agreed. Ms. Kerr said the proposed location was the only place the sign could be located. Ms. King said the hardship is that there would be no visibility if the sign was not in the easement. 2

7 BZA Minutes Regular Meeting June 26, 2013 Mr. Quaintance agreed. Mr. Blomeley asked Ms. Kerr if there were no easement along the front property line, how close would the sign be allowed to be constructed in relation to the front property line? Ms. Kerr said it is 46-feet from the edge of the shoulder to the front of the easement. She said the right-of-way looks to be about 30-feet from the edge of pavement. Mr. Blomeley asked what the setback would be from the front property line were there no easement. Ms. Kerr said 5-feet. Chairman Rodgers said that is probably why they have never had a sign before. Mr. Quaintance said these plans have been on the drawing board for a while and they finally decided to do something about it. Vice-Chairman Young made a motion to approve the request. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Variance Request Application Z by Ms. Margot Damiano, is requesting a 7.5 variance from the minimum required 20 rear building setback for principal structures, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance, for property located in a Residential Single-Family (RS-8) zone at 3323 Wycheck Lane. Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. Ms. Damiano was present to answer any questions. Chairman Rodgers opened the public hearing. There being no one to speak for or against the request, Chairman Rodgers closed the public hearing. Chairman Rodgers asked how the connection to the roof would be made and what the roofline would look like. Mr. Blomeley said he has not discussed that with Ms. Damiano. 3

8 BZA Minutes Regular Meeting June 26, 2013 Ms. Damiano said the contractor is going to keep it just like the back of the house or the roof will come down like the back of the house over the fireplace. Chairman Rodgers asked if the house is currently in the setback. Mr. Blomeley said no, the back of the house is in compliance by about 1-2. Ms. King asked if the concrete patio was within the setback. Mr. Blomeley said yes, and that the addition would stop 2-3 short of the edge of the concrete patio. Ms. Damiano said she cut 3 off the rear of the addition. Ms. King verified the addition is 3 shorter than the patio. Ms. Damiano said yes. Ms. Mosby made a motion to approve the request. The motion was seconded by Vice-Chairman Young and carried unanimously in favor. Special Use Permit Request Application Z by Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., is requesting the extension of a special use permit that was granted on August 12, 1998 for property located in a Residential Single-Family (RS-10) zone at 1503 Sulphur Springs Road. The 1998 special use permit allowed for the expansion of an institutional group assembly use (a church) by the placement of four (4) portable classroom buildings on the subject property. The applicant is requesting that the three (3) existing portable classroom buildings located on the subject property be allowed to remain on-site for an additional three (3) years. Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. If the Board approves the special use permit application, Staff recommends the following condition: 1) All portable classroom buildings must be removed from the property no later than June 30, Mr. Swanson was present to answer questions. Vice-Chairman Young referred to the condition and asked if Staff was recommending they be removed by 2016, even if another church wishes to use them past this date. 4

9 BZA Minutes Regular Meeting June 26, 2013 Mr. Blomeley said the condition could be modified to state that: All portable classrooms must be removed from the property no later than June 30, 2016 or an additional extension granted to the portable classroom buildings. Mr. Blomeley said absent an extension, with this being a request for three years, it would be good to get a date in writing that action would need to be taken. It was a little bit less specific in the 1998 request, so having a deadline for any prospective buyer to comply with would be helpful. Mr. Joe Swanson, Jr. said he concurs with everything Mr. Blomeley expressed. The Assemblies of God actually transferred the property to Family Worship Center (FWC). FWC had plans in 2010 to build an addition to the building at 1503 Sulphur Springs Road. Instead of expanding, however, it acquired the old Carpenter s House property on Memorial Boulevard. The facility at 1503 requires a congregation at a minimum of 250. Mr. Swanson said that he has shown this property to 31 prospective buyers or lessees in the last six months. Many of them have been below the 200 mark, however. He said at 12:20 today he got a letter of intent from another company, which he has not been able to review, and theirs is a lease with an option to purchase. Their programs would need the portables until they got the improvements done in the main building. He said that the portables are ADA accessible, they are drain labeled which means they can have classes and students in there, they have met the State Fire Marshall s requirements, they have the ramps, and the entrances and exists are covered. So the quality of the construction is good for portables. Mr. Swanson said he really feels earnestly that given a little more time they could facilitate someone in that building that would contribute to the worship center of Murfreesboro. He said they were hoping they could get the property occupied and this issue resolved prior to the extension that the City gave them for the 6 or 7 months but they have just not been able to put it together. He feels that this property is prime for the continued use of worshipping and he humbly and respectfully requests a vote in favor of extending this special use permit so that they can find a qualified lessee or buyer that appreciates the value of the facility, that can use the facility, that can grow its congregation in Murfreesboro, and that can have some time (being the 3 years) to build its congregation up so it can come up with a building plan. Mr. Halliburton asked for verification that the request is for three portable classrooms even though the original special use permit allowed for four. He also asked if three portables were the number there now. Mr. Swanson said yes, it is only for the extension of the three existing portable classrooms. Mr. Swanson added he would be more than willing to let any prospective tenants or buyers know that the portables must be removed or extended by the BZA by a certain date. Ms. King asked if this type of language could be added to a lease. Mr. Swanson said they could write that into the lease. 5

10 BZA Minutes Regular Meeting June 26, 2013 Chairman Rodgers asked if the portables weren t there what would prevent a church from instituting a capital campaign to try to raise money to expand the facilities for permanent structures. Mr. Swanson said that the use of the portables will allow a church to have a greater membership, and the greater membership will help the church raise funds more quickly in order to be able to build a permanent addition. Chairman Rodgers did not think that was the only way it could happen. He thinks it could happen without portables there. Chairman Rodgers said he was struggling with this application. He said this was supposed to be, in 1998, a truly temporary use. He said portables are supposed to be temporary and this has been 15 years. Chairman Rodgers said this seems like the perfect opportunity to create those expectations to prospective buyers that this is not a permanent use. Now seems like the greatest time in 15 years to remove the portables. Mr. Swanson said Swanson Development probably has anywhere from 6-12 start-up churches in its buildings scattered throughout Murfreesboro. He said this 7 acres warrants the need for those portables in order to accommodate the additional giving units. He said that churches use the portables until they are ready to build the buildings. He understands about the 15 years but from a developer s and property owner s perspective his buyers are going to be able to see their dream come to pass quicker with the portables in place. Chairman Rodgers agreed that with more people there it would probably come to fruition a little more quickly, but he doesn t necessarily think it is true to say that having portables are the only way the church will grow. Mr. Swanson said three years goes by quick. Chairman Rodgers said so does 15 years. Chairman Rodgers opened the public hearing. There being no one to speak for or against the request, Chairman Rodgers closed the public hearing. Vice-Chairman Young said he wants to try to be reasonable with properties like this but he agrees with Chairman Rodgers thoughts. This temporary use has gone on a long time and he is having a hard time granting the request. He said he does not support it. Mr. Halliburton asked Mr. Blomeley about the history of the portables and whether they had ever been brought back to the BZA for an extension 6

11 BZA Minutes Regular Meeting June 26, 2013 Mr. Blomeley said he got involved in 2006 when he was asked to look into it. He said there were two churches in Murfreesboro that had portables that were overdue, one of which has since built an expansion and removed its portables. Mr. Blomeley said when he made contact with the former pastor of FWC, the church indicated that it was looking to move forward on constructing the new facility on Veterans Parkway. Mr. Blomeley said a year or two after he made contact with him, he went to the BZA, and a special use permit was granted for the new facility. Almost immediately thereafter, he went to the Planning Commission where the church s site plan was approved and then they didn t move forward with that plan. Mr. Blomeley said FWC was then considering an addition. When Mr. Blomeley found out FWC was moving to Memorial Boulevard and would no longer be occupying this facility, he thought that this would be the ideal time to bring this issue back up and to address it one way or the other -- either by removal of the portables or by an extension of the special use permit. Mr. Halliburton asked whether or not the portables were discussed when FWC appeared before the Board for its request on Veterans Parkway. Mr. Blomeley said he does not recall if the portables on this property were discussed by the BZA when FWC was before the BZA for its special use permit on Veterans Parkway. Mr. Blomeley discussed it with the church at a Staff level but doesn t know if it was brought up at the BZA meeting since the church s actual request was on an entirely different piece of property. Mr. Blomeley said that he does not think this particular issue has been before the Board since the original 1998 special use permit for the portables. Mr. Halliburton agreed with Chairman Rodgers and Vice-Chairman Young with respect to not wanting portables for any length of time. He would like to try and work with the applicant by dictating in the lease agreement or purchase agreement that everyone understands that this is going to be reviewed at three years or at the time of sale and that they have an understanding in all likelihood this extension is not going to happen. Chairman Rodgers said this is a tough one but having dealt with this for 15 years no one can accuse the BZA of not working with the owners. Chairman Rodgers said the portables would ultimately have to go because they are portables. What better way to instill that expectation then if they are not there? He said the portables have been there for 15 years. He said that this is an ideal time to move the portables out. Mr. Swanson said that if the portables are removed, he cannot guarantee the BZA that the next congregation is not going to show up in three years and request three more years. He said if we leave them there now, we will get to that point quicker because the facility will already be there, so the giving units that they need to begin their building fund will already be in place. 7

12 BZA Minutes Regular Meeting June 26, 2013 Chairman Rodgers said he does not agree with Mr. Swanson, as he doesn t think churches expand with the use of portables. He thinks the vast majority of churches expand without using portables based on his experience on the BZA. Churches come to the BZA asking for expansions on a regular basis but he cannot recall one asking to use portables other than this one. Mr. Swanson asked the Board to work with him and give him some time. Chairman Rodgers said he sympathizes with Mr. Swanson and is not sure what the Board will do but he is not in favor of it. Chairman Rodgers said he would be in favor of allowing time to remove the portables, if rejected by the Board, but that he would not be in favor of extending the portables any further. Ms. King said that if the Board allows the portables to stay, it would be creating a cost for the potential buyer by removing to remove them in the future. Mr. Swanson agreed but said it is less expensive to remove the portables (than to install portables). Ms. King said that the removal of the portables would be an automatic expense whereas should the potential buyer desire to place new ones there, that is something that they can consider at the time. If we allow this to pass we are creating a burden on the buyer to pay to remove these. There is no burden, as it is their own desire, should they choose to put in new ones in the future. Mr. Swanson said he did a little research about what it would take to remove them, and as an owner it is about a break-even. He said people would take and remove the portables for them. Mr. Swanson said the units themselves were $40,000 three years ago. He feels they have probably gone up and then adding the underground utilities, deck, roofing, it would cost about $70,000 to install each one of these portables today. Vice-Chairman Young said he tries to approach these and find a reasonable solution. If a congregation comes in, who knows what their timeframes are going to be, so he agrees that this is a good time to make a move on the portables. Vice-Chairman Young made a motion to deny the request. The motion was seconded by Ms. King. The motion carried in favor by a vote of 4-1 (Mr. Halliburton voted no.) 8

13 BZA Minutes Regular Meeting June 26, 2013 Staff Reports and Other Business None. The meeting was adjourned at 2:00 p.m. CHAIRMAN SECRETARY 9

14 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Addresses: Applicant: Zoning: Z Medical Center Parkway and 2741 Medical Center Parkway (Tax Map 092, Parcel 09401) Mr. Ken Knuckles of Development Management Group, LLC, for Retail Partners Development and CF Murfreesboro Associates (Cousins Properties, LLC) Commercial Highway (CH) and Gateway Design Overlay District (GDO-1) Requests: Regarding 2711 Medical Center Parkway, a 6 variance from Section 24, Article III (E)(4)(b)[3] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between buildings and parking shall be 7 on lots of less than 1.5 acres; Regarding 2711 Medical Center Parkway, a 3 variance from Section 24, Article III (E)(4)(b)[3] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between buildings and parking shall be 7 on lots of less than 1.5 acres; and Regarding 2741 Medical Center Parkway, a 10 variance from Section 24, Article III (E)(4)(b)[4] of the City of Murfreesboro Zoning Ordinance, which states that the minimum space between parking and adjacent property shall be 15 on lots of 1.5 acres or more.

15 The subject property is located along the south side of Medical Center Parkway and is currently a part of the same lot containing The Avenue shopping center. It is zoned CH (Commercial Highway) and is also located in the Gateway Design Overlay District (GDO-1). It is the proposed site of a new multi-tenant commercial building. Unlike most other outparcels at The Avenue, the subject development will be on its own lot of record. All other outparcels except for Culver s, including Chili s and Jared next door, are located on the same lot of record as the shopping center. The development has received initial design review approval from the Planning Commission. The applicant is seeking several variances in conjunction with the development of this site. Two of the three requests pertain to the requirement that on lots of less than 1.5 acres in the Gateway Design Overlay District that there must be a minimum of 7 of separation in between the building and the parking lot. He is also requesting a variance to the requirement that the minimum space between parking and adjacent property shall be 15 on lots of 1.5 acres or more. At initial design review, the Planning Commission did not express any objection to the proposed variances and recommended that the applicant proceed to the Board of Zoning Appeals. The development will likely be considered for final design review by the Planning Commission in August. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance, a site plan depicting the requests, and a landscape plan. Staff has included photographs of the subject property and the surrounding neighborhood for the Board s reference. The first variance concerning the required distance between the building and parking lot pertains to the area of the parking lot on the east side of the building directly adjacent to the drive-thru of the proposed restaurant use. The applicant has requested a 6 variance

16 of the required 7 separation between the building and the parking lot for the drive-thru area. The primary reason that the applicant offers for the variance is for the functionality of the site in its use as a restaurant with a drive-thru. According to the applicant, the drive-thru is a very important part of the restaurant tenant s operation. If the applicant was required to comply with the 7 separation requirement, the drive-thru would not be functional. While the 6 variance is needed right in front of the drive-thru window, the applicant proposes a separation of 4.82 elsewhere along the side of the building with the drive-thru. This wide area will contain a continuous row of Dwarf Buford Holly shrubs. The second variance concerning the required distance between the building and parking lot pertains to the area of the parking lot directly adjacent to the southwest corner of the building. The applicant has requested a 3 variance of the required 7 separation between the building and the parking lot for this corner of the building. During initial design review, Staff discussed with the applicant the need to modify the radius adjacent to this corner of the building in order to improve maneuverability. The applicant has indicated that the 7 separation at this corner of the building can be achieved but that the increased radius with the design as proposed will make travel easier for service vehicles, such as solid waste trucks. The landscape plan shows a continuous row of plantings around the base of the building in this area, including around the corner in question. The variance concerning the distance between parking and adjacent property actually pertains to the overall Avenue lot, specifically the portion of the lot developed with Chili s next door to the west. The proposed development is proposed to be located on a separate lot of 1.31 acres. The remaining Avenue lot will be much larger than 1.5 acres. Therefore, a minimum separation of 10 is required from the parking lot of the new development to the new property line. In addition, a minimum separation of 15 is required from the existing Chili s parking lot to the new property line. The applicant proposes to comply with the 10 requirement on the smaller lot. However, he is requesting a 10 variance to the 15 requirement on the larger remaining lot, essentially meaning that there will be a 5 planting yard east of the Chili s building, instead of 15. The applicant indicates that this condition is created as a result of subdividing the 1.31 acres off of the larger Avenue tract. Were it not to be subdivided and were the new building to remain on the larger Avenue lot, this requirement would not be applicable, as there would be no property line separating this proposed development from the existing development on the remainder of the lot. Because there is a property line, however, this requirement is applicable. The applicant also indicates that there have been restrictions placed on the property by Best Buy in order to maintain visibility for Best Buy from Medical Center Parkway. More specifically, there is an area on the east side of the site where no buildings can be constructed. The proposed building has been designed as far to the west as possible, because of this restriction. The plan complies with the minimum separation requirement on the east side of the proposed development, both on the proposed parcel as well as adjacent to the existing Jared parking lot. The landscape plan shows a continuous row of trees and shrubs to be planted along the western property line

17 adjacent to the Chili s development. In addition, the plan proposes to replace any existing dead shrubs on the Chili s side of the new property line. Each variance request will require a separate motion. Mr. Knuckles will be in attendance at the meeting to answer any questions that the Board may have.

18 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Z Address: 515 North Walnut Street Applicant: Mr. Dave Smith of Telecad Wireless Zoning: General Office District Residential (OG-R) Requests: An amendment to a previously approved special use permit allowing the establishment of a telephone facility via the placement of cellular equipment on top of the principal structure. The applicant wishes to amend the special use permit in order to modify the antennae configuration.; and A 44 variance from the 35 maximum permitted building height, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance.

19 The subject property is identified as 515 North Walnut Street and is located along the west side of North Walnut, just south of Saint Clair Street. The subject property is currently developed with Westbrooks Towers, which consists of housing for seniors and is owned and operated by the Murfreesboro Housing Authority (MHA). Telephone or telegraph facilities in the General Office District Residential (OG-R) zone require special use permits. In August 2002, the BZA approved a special use permit for the establishment of a telephone or telegraph facility at this site, in order for cellular providers to install equipment and antennae on the roof of the building. It was represented to the Board in 2002 that the antennae would be flush-mounted to the side of the existing penthouse. In addition, the antennae would not exceed the height of the penthouse. Sometime after the approval of the special use permit and the installation of the equipment, however, modifications were made to the antennae configuration so that the site was no longer in compliance. More specifically, a number of the antennae were not flush-mounted and also extended higher than the penthouse. This violation was brought to MHA s attention in the summer of MHA has been in the process of renovating Westbrooks Tower for over a year. MHA has been working with the cellular carriers and their representatives to come up with a solution to bring the site into compliance that will meet the long-term needs of all involved. In the interim, Staff has allowed the carriers to use a temporary mount on the rooftop. The applicant, who represents the cellular carriers, proposes a new antennae configuration. In order to accommodate this new antennae configuration, an amendment to the original special use permit is required. In addition, the proposed improvements exceed the maximum allowable 35 building height in the OG-R zone, so he is also requesting a height variance. He has submitted a letter addressing Sections 8, 9 and 10 of the Zoning Ordinance, as well as construction drawings, photo simulations, and other exhibits. He has also submitted a letter from an engineer stating that the existing building is adequate to support the proposed improvements. Staff has included photographs of the subject property and the surrounding neighborhood for the Board s reference. In addition, Staff expects the applicant to submit a color elevation of the proposed rooftop improvements in advance of the BZA meeting. The applicant proposes to construct a stealth wall around the existing penthouse. Antennae will be mounted on the inside of the stealth wall, hiding them from view. The stealth wall will be constructed of a material that is RF-friendly, allowing the antennae to transmit signals through the wall. According to the applicant, the wall color and appearance will mimic the newly-installed brick on three (3) sides of the penthouse. In addition, mounting the antennae on the inside of the stealth wall will allow the carriers to honor the property owner s request to not mount the antennae on the newly-installed brick on the outside of the penthouse. The applicant believes that this proposed configuration represents an improvement and that it will be less intrusive than what was approved in The existing building exceeds the 35 maximum permitted building height in the OG-R zone. However, it was constructed in 1979, prior to the City s current Zoning Ordinance, which was adopted in The height of the existing structure is considered legally

20 non-conforming. Despite this, any new construction must comply with current zoning regulations. The existing penthouse height is According to the plans submitted and the applicant s letter, the proposed stealth wall will match the height of the existing penthouse. Because of the construction of the new stealth wall will be at approximately 79, a 44 height variance is required. Staff has discussed this height variance request with the City s Airport Manager, and he has indicated that the proposed construction should not pose any problems for aviation, because it will not exceed the height of the existing penthouse. Each item will require a separate motion. Mr. Smith will be present at the meeting to answer any questions that the Board may have.

21 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Z Address: 710 Memorial Boulevard Applicant: Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc. Zoning: Commercial Highway (CH) Requests: A special use permit in order to operate a temporary mobile recycling center; and An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length. The subject property is located along the east side of Memorial Boulevard in the parking lot of the Memorial Village Shopping Center (which houses the Murfreesboro Athletic Club). The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be

22 renewed at the end of the 12-month period. This site has been approved by the Board for this use for the past six (6) years, and now the applicant is seeking the maximum 12- month extension (from 8/1/13 through 7/31/14). In discussing with the applicant the operations of the temporary mobile recycling center, she explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, a donation trailer has been at this location since March 1998, and it averages 64 donors per day. A letter from the leasing manager, representing the property owner, has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. Attached to the Staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit, the applicant is requesting a variance of 8 to standard #1 that no receptacle shall exceed 40 in length. The semi-trailers that Goodwill employs are 48 in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. The trailer is not located within 300 of a residential zoning district. In several visits to the site, Staff has observed that the applicant does indeed keep the site in a clean and sanitary condition. If the special use permit is approved, Staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42 front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

23 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Z Address: 1825 Old Fort Parkway Applicant: Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc. Zoning: Commercial Highway (CH) Requests: A special use permit in order to operate a temporary mobile recycling center; and An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length. The subject property is located along the south side of Old Fort Parkway in the Towne Center Shopping Center (which houses the Lowe s Home Center). The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be renewed at the end of the 12-month period. This site has been approved by the Board for this use for the past six

24 (6) years, and now the applicant is seeking the maximum 12-month extension (from 8/1/13 through 7/31/14). In discussing with the applicant the operations of the temporary mobile recycling center, she explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, a donation trailer has been at this location since July 2005, and it averages 99 donors per day. A letter from the Lowe s store manager, representing Lowe s Home Improvement, has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. In addition, the location of the Goodwill trailer was reviewed by the Planning Staff in 2007 on a site plan submitted by Lowe s to show outdoor storage and display areas. An excerpt of the site plan has been included for the Board s reference. Attached to the Staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit, the applicant is requesting a variance of 8 to standard #1 that no receptacle shall exceed 40 in length. The semi-trailers that Goodwill employs are 48 in length. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. The trailer is not located within 300 of a residential zoning district. In several visits to the site, Staff has observed that the applicant does indeed keep the site in a clean and sanitary condition. If the special use permit is approved, Staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42 front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

25 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Z Address: 3060 South Church Street Applicant: Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc. Zoning: Commercial Highway (CH) Requests: A special use permit in order to operate a temporary mobile recycling center; An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length; and A 250 variance from Section 31(C)(6) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall be located closer than 300 from residentially-zoned property.

26 The subject property is located along the west side of South Church Street south of Veterans Parkway. It is currently developed as a shopping center, anchored by Price Less IGA. The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12-month periods, which may be renewed at the end of the 12-month period. This site has been approved by the Board for this use for the past four (4) years, and now the applicant is seeking the maximum 12- month extension (from 8/1/13 through 7/31/14). In discussing with the applicant the operations of the temporary mobile recycling center, she explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. According to the applicant, this donation trailer averages 28 donors per day. A letter from the property owner has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. Attached to the Staff comments are the standards specific to temporary mobile recycling centers. The applicant is requesting a variance of 8 to standard #1 that no receptacle shall exceed 40 in length. The semi-trailers that Goodwill employs are 48 in length. In 2009, when she first appeared before the BZA for this location, the applicant originally presented two (2) separate options for the placement of the trailer within the parking lot. Her application this year still references both of those locations. Both options were within 300 of residentially-zoned property. Option #1, as referenced by the applicant in her narrative, is the location that has been approved the last four (4) years ( ). It is along the very southern end of the parking lot, adjacent to undeveloped commercial property fronting South Church Street. This location is approximately away from the Barfield Commons residential condominium development, however, which is zoned RM-16 (Residential Multi-Family). Thus, the applicant has once again submitted a variance request to the minimum 300 distance from residentially-zoned property. It should be noted that Staff has not received any complaints about the trailer in the past from Barfield Commons residents. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. In several visits to the site, Staff has observed that the applicant does indeed keep this site in a clean and sanitary condition. If the special use permit is approved, Staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42 front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

27 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Z Address: 1114 Mercury Boulevard Applicant: Ms. Jennifer Kalifa, for Goodwill Industries of Middle Tennessee, Inc. Zoning: Commercial Highway (CH) Requests: A special use permit in order to operate a temporary mobile recycling center; An 8 variance from Section 31(C)(1) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall exceed 40 in length; and A 175 variance from Section 31(C)(6) of the City of Murfreesboro Zoning Ordinance, which states that no receptacle shall be located closer than 300 from residentially-zoned property.

28 The subject property is located along the south side of Mercury Boulevard just west of Middle Tennessee Boulevard. It is currently developed as the Mercury Plaza shopping center, which is anchored by Goody s. The anchor space on the east side of the center is currently occupied by Essex Bargain Hunt. The Zoning Ordinance makes provisions for the Board of Zoning Appeals to approve temporary mobile recycling centers for 12- month periods, which may be renewed at the end of the 12-month period. This site has been approved by the Board for this use for three (3) years ( ), and now the applicant is seeking the maximum 12-month extension (from 8/1/13 through 7/31/14). In discussing with the applicant the operations of the temporary mobile recycling center, she explained that it is manned seven (7) days a week. Clothes, furniture, and other miscellaneous household items are accepted there. Items donated are separated into different bins within the trailer, and when the trailer is full, it is hauled off. An empty trailer replaces the full trailer the following business day. The applicant did not indicate in her application how many donors visit this site on a daily basis. A letter from the property owner s representative has been submitted granting Goodwill use of the parking lot for the temporary mobile recycling center. Attached to the Staff comments are the standards specific to temporary mobile recycling centers. In addition to the special use permit, the applicant is also requesting a variance of 8 to standard #1 that no receptacle shall exceed 40 in length. The semi-trailers that Goodwill employs are 48 in length. The applicant wishes to have as much visibility for the trailer as possible, so she is seeking approval to locate the trailer on the north side of the parking lot along the south side of Mercury Boulevard. This option is within 300 of residentially-zoned property. The proposed location is approximately 125 away from an RS-10 zoning boundary line and 180 away from the nearest residentially-zoned lot. Thus, the applicant has submitted a 175 variance request to the minimum 300 distance from residentially-zoned property. The nearest affected residential lot is directly across Mercury Boulevard from the subject property, as the west side of Second Avenue north of Mercury Boulevard is still zoned and used for residential purposes. Staff has not received any complaints from residents about the trailer in the past three (3) years. The applicant has attempted to address the other standards in her correspondence. She has stated that Goodwill will comply with all requirements of the Sign Ordinance. In several visits to the local Goodwill donation sites, Staff has observed that the applicant does indeed keep the site in a clean and sanitary condition. If the special use permit is approved, Staff recommends the following conditions: 1) The semi-trailer shall not be located within a driveway aisle. 2) All parts of the semi-trailer shall comply with the minimum 42 front setback requirement in the CH zoning district. Ms. Kalifa will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

29 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Address: Applicant: Zoning: Request: Z Azure Way Mr. Mike Cullen Residential Single-Family (RS-12) A special use permit in order to conduct a home occupation, consisting of group instruction for people convicted of driving under the influence or reckless endangerment. The subject property, 1207 Azure Way, is located in the Evergreen Farms Subdivision west of Cason Lane. It is zoned RS-12 (Residential Single-Family) and is developed with a single-family residence. The subject property is surrounded by single-family residential uses on the east, west, and north sides. The Cason Lane Church of Christ is located to the south of the subject property. The applicant wishes to conduct a homebased business, consisting of group instruction for people who have been convicted of

30 driving under the influence or reckless endangerment. Accordingly, he has applied for a special use permit in order to be able to do so. He verbally indicated to Staff that he has been conducting classes at his residence for approximately a year, not realizing that he first needed to obtain a special use permit. He has submitted a letter describing his request and addressing Sections 8 and 9 of the Zoning Ordinance. An aerial photo has also been included to serve as a site plan. Staff has included photographs of the subject property and the surrounding neighborhood for the Board s reference. Mr. Cullen teaches a course called Prime for Life to people convicted of driving under the influence or reckless endangerment. He currently teaches one class every four (4) weeks. However, he has requested approval from the BZA for one class every three (3) weeks in the event that there is greater demand in the future. His letter to the Board indicates that class size will be between one (1) and nine (9) students. Classes will be held on Saturdays only from 10:00 AM until 5:00 PM. According to the Property Assessor s website, the house is 2,428 square-feet (including the attached garage). The applicant proposes to teach the classes entirely from within the existing house; no additions to the house are proposed. More specifically, the classes will be taught in his living room, which is 288 square-feet. The front entrance to the house leads directly into the living room. The Zoning Ordinance dictates that not more than 25% of the residential dwelling unit shall be devoted to the home occupation. The area devoted to the home occupation will be roughly 11.9%. The applicant has indicated to Staff that he will have no employees. In addition, he is not requesting any signage for his home-based business. Most of the students attending the classes do not drive. They will be dropped off at Mr. Cullen s house before the class begins and then will be picked up at the end of the class. The driveway is approximately wide and 45 deep (from the curb). It will accommodate a total of four (4) vehicles. Mr. Cullen indicates in his letter that his household has two (2) vehicles, leaving room for two (2) additional vehicles, should parking be needed. If the Board wishes to approve this request, Staff recommends the following conditions: 1) There shall be no more than one (1) class held at the residence every three (3) weeks. Each class shall have no more than nine (9) students in attendance. Mr. Cullen will be in attendance at the meeting to answer any questions that the Board may have.

31 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Address: Applicant: Zoning: Request: Z Blaze Drive Mr. Jeff Hooper of Barge Cauthen & Associates, Inc., for the Rutherford County Board of Education Residential Single-Family (RS-15) A special use permit in order to expand an existing institutional group assembly use (a public school). The applicant is seeking approval to construct a 64,000 square-foot building addition as well as other site improvements. The subject property is located along the south side of Blaze Drive. It is also bordered on its east side by Fortress Boulevard. It is the site of the existing Blackman Middle School, which is located primarily on the west side of the subject property. The site is surrounded on all four (4) sides by single-family residential zoning. The Blackman Oaks,

32 Blackman Oaks East, Trafalgar Square, and Victory Pointe single-family residential subdivisions are all located adjacent to the subject property on the south side of Blaze Drive. There are a number of existing institutional uses in the immediate vicinity as well, including Blackman Elementary, Blackman High, and the Rutherford County Emergency Communications District office. The applicant is requesting permission to expand the Blackman Middle School facilities with a 64,000 square-foot building expansion, which includes a cafeteria addition as well as the additional of a new classroom wing. Public schools are considered institutional group assembly uses. In order to expand school facilities in an RS-15 zoning district, a special use permit is required. The original special use permit for the school was approved in In 2003, the BZA approved a special use permit for the development of the school s athletic fields. Neither previous special use permit made provisions for this proposed expansion. Attached to the Staff comments is a letter from Mr. Jeff Hooper, the design engineer who is representing Rutherford County Schools, addressing the standards for special use permits as well as the specifics of the proposed expansion. Also included is a site plan of the proposed expansion, a landscape plan, a photometric lighting plan, and color elevations of the new wing Staff has also included photographs of the site and of the surrounding land uses for the Board s reference. The total area of the subject property is approximately fifty-three (53) acres. The existing building size (according to the 2000 special use permit) is 170,000 square-feet. As mentioned previously, the applicant proposes to build a 64,000 square-foot addition, which will bring the total building square-footage to approximately 234,000. The proposed additions are located on the east side of the existing building and will be constructed on an undeveloped portion of the site. The new classroom wing, which will contain 25 new classrooms, will be 2-stories and 34 in height. According to the applicant, the addition will be clad with brick that will be similar to the existing structure. The site has access to both Blaze Drive and Fortress Boulevard. A total of 88 additional parking spaces are included with the proposed expansion. The new parking areas will be both north and south of the proposed classroom wing. The site will continue to exceed minimum parking requirements. No new outdoor athletic fields are proposed with this special use permit. The proposed improvements are located approximately 200 from the residentially-zoned property to the south. There is an existing mature tree line along the southern property line. A survey has not been done in conjunction with this application to determine how much of this vegetation is actually located on the middle school property. Rutherford County Schools was not required by the BZA to plant any additional buffering along the southern property line in conjunction with its 2000 and 2003 special use permits. With the present application, the applicant has committed to not disturbing the existing tree line and allowing it to serve as a natural buffer between the neighborhoods to the south and the middle school site. The lot size meets minimum requirements for the proposed use. There will be no new accommodations for RV hook-ups. The existing solid waste facilities will not be modified as a result of the expansion. There will be new parking lot lighting added as a

33 part of the parking lot construction. The applicant has submitted a photometric lighting plan showing the lighting levels that will be produced as a result of the additional parking lot lighting. Because of the distance of the proposed improvements from the residentially-zoned property to the south, the lighting levels at the south property line are within the maximum 0.5-footcandle level. The school also proposes the installation of outdoor speakers to be used only in conjunction with the fire alarm. If the Board wishes to approve this request, Staff recommends the following condition: 1) The existing tree line along the southern property line must remain undisturbed. Mr. Hooper will be in attendance at the meeting to answer any questions that the Board may have.

34 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JULY 31, 2013 Application: Address: Applicant: Zoning: Request: Z Sulphur Springs Road Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., and Dr. Michael Hein, for Redeemer Classical Academy Residential Single-Family (RS-10) A special use permit in order to establish an institutional group assembly use (a private school). As a component of their application, the applicants are requesting that the three (3) existing portable classroom buildings located on the subject property be allowed to remain on-site for an additional two (2) years.