Munford Municipal-Regional Planning Commission City of Munford, Tennessee 1397 Munford Avenue Munford, TN 38058 City Hall (901) 837-0171 www.munford.com Dwayne Cole, Mayor July 14, 2015 The regular monthly meeting of the Munford Municipal-Regional Planning Commission met on Tuesday, July 14, 2015 at 6:30 P.M. in the Munford Municipal building located at 70 College Street with the following: PRESENT: Chairman Gary Fodor, Vice-Chairman Jerry Trobaugh, Secretary Sue Arthur, Mayor Dwayne Cole, David Keeton, Nancy Adkins and Rick Wilson. ABSENT: Code Enforcement/Building Inspector Glenn Stringfellow ALSO PRESENT: Robert Frank, Jimmy Cleveland, Josh Pittman, Don Cole, Richard Hutcherson, Christina Hutcherson, Matthew William, Planner Will Radford, and Recording Secretary Barbara Younger The meeting was called to order at 6:30 P.M. There was a quorum present. APPROVAL OF MINUTES There was a motion by Jerry Trobaugh, seconded by David Keeton to approve the minutes from the June 9, 2015 Planning Commission meeting as presented. Motion carried. OLD BUSINESS: None NEW BUSINESS: A. Etheridge Minor Subdivision Background A minor subdivision plat has been submitted on behalf of Robert and Pamela Etheridge. The subdivision is located near 201 Walnut Road. The properties can be further identified as Parcels 30.37, 30.35 and 49.00 on Tipton County Tax Map 082. The properties are zoned FAR (Forestry, Agriculture, Residential) and are located within the Munford Regional Zoning District. The properties consist of 3.94 acres and do not appear to be situated in a federally identified flood hazard area according to Tipton County FIRM panel #47167C0305, effective on 12/19/2006. Analysis The plat is showing Locust Avenue / Walnut Road with a current right of way of 40 feet. Additional right of way needs to be dedicated. Munford s Regional Subdivision Regulations
PAGE 2, July 14, 2015 PLANNING COMMISSION MINUTES require a minimum of 50 feet; therefore this subdivision needs at least 25 feet from the centerline of the road. The plat appears to be taking land from Parcel 30.35, which is owned by James and Beverly Etheridge and Parcel 49.00 which is owned by Beverly Etheridge. Currently, only Robert and Pamela Etheridge are listed in the owner s certificate, the owner of Parcels 30.35 and 49.00 need to sign the plat as well. Lot 1 complies with the setback and lot requirements of the regional zoning ordinance, but if this lot is acquiring land from Parcel 30.35, that parcel will be below the minimum 1 acre requirement. Recommendation Staff recommends against the subdivision as presented. Unless all concerns listed in the above analysis are remedied. There was a motion by David Keeton, seconded by Sue Arthur to approve the Etheridge Minor Subdivision since all of the concerns mentioned by staff have been remedied. Motion carried with no dissenting vote noted. B. Glenview Estates Re-subdivision Background A minor subdivision plat has been submitted on behalf of Robert and Brenda Frank for the purposes of combining two lots. The subdivision is located near 83 Littleton Way. The properties can be further identified as Parcels 40.00 and 41.00 on Tipton County Tax Map 095F, Group A. The properties are zoned R-1 (Low Density Residential) and are located within the Munford Municipal Zoning District. The properties consist of 1.11 acres and do not appear to be situated in a federally identified flood hazard area according to Tipton County FIRM panel #47167C0305, effective on 12/19/2006. Analysis There is no need for additional right of way as Littleton Way is not a collector or arterial street on the Munford Municipal/Regional Major Road Plan. The new lot meets the setback and yard requirements of the R-1 district. The plat is missing the E-911 certificate and the Streets and Utilities Certificate Recommendation Staff recommends approval of the plat provided the above mentioned certificates are added. There was a motion by Sue Arthur, seconded by Jerry Trobaugh to approve the Glenview Estates Re-subdivision as presented. Motion carried with no dissenting vote noted C. Harkness Starnes Minor Subdivision Background A minor subdivision plat has been submitted on behalf of James Harkness for the purpose of creating three lots out of a 31.5 Acre (approximate) parent tract. The subdivision is located
PAGE 3, July 14, 2015 PLANNING COMMISSION MINUTES near 2929 Munford-Giltedge Road. The property can be further identified as Parcel 61.00 on Tipton County Tax Map 082. The property is zoned FAR (Forestry, Agriculture, Residential) and is located within the Munford Regional Zoning District. The three proposed lots are one (1) acre each leaving approximately 28.35 acres left of the parent tract. The property does not appear to be situated in a federally identified flood hazard area according to Tipton County FIRM panel #47167C0305, effective on 12/19/2006. Analysis The plat is showing dedication of right of way 40 feet from the centerline at each of the proposed lots. This meets the requirements of the Munford Regional Subdivision Regulations as Munford-Giltedge Road is a Regional Arterial Street on the Munford Municipal/Regional Major Road Plan; however, right-of-way should be dedicated along Parcel 61.00 as well. Staff does not think the E-911 certificate is necessary in this case since all three proposed lots have existing 911 addresses, but will verify this with Tipton County Emergency Management prior to the meeting. The plat does not address septic availability for the proposed lots. If these lots have existing systems in place, then verification of that is needed prior to the approval of this plat. There are 78.93 feet of road frontage in between Lots 1 and 2 on the plat. The minimum lot width requirement is 100 feet at the building line. Staff questions if it is possible for Lot 2 to shift north, so that the area between Lot 1 and 2 could be developed at the same distance from the road. Recommendation Staff recommends approval provided additional right of way is dedicated and septic availability is addressed. There was a motion by David Keeton, seconded by Rick Wilson to approve the Harkness Starnes Minor Subdivision contingent upon the affidavit for the septic system is obtained. Motion carried with no dissenting vote noted D. Text Amendment Shooting Range Regulations Background/Analysis At last month s meeting, The Planning Commission reviewed a proposed text amendment on Shooting Range Regulations. The Planning Commission asked that this issue be brought back to this month s meeting. Staff to draft a proposed text amendment defining shooting ranges and creating clear language as to the appropriate placement of them in the Municipal Zoning Ordinance. The following is the adopted regulations for Shooting Ranges in TCA 39-17-316: 39-17-316. Noise control at sport shooting ranges. (a) As used in this section, unless the context otherwise requires: (1) "Local unit of government" means a county, municipality, metropolitan government, or
PAGE 4, July 14, 2015 PLANNING COMMISSION MINUTES other entity of local government; (2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity; and (3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity. (b) (1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation. (2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation. (3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section. (4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section. (5) Notwithstanding any other law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property. (c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties. Further, with respect to any sport shooting range that is open to the public and was in continuous operation for at least thirty (30) years immediately preceding December 16, 2008, the right to operate as a shooting range shall not be amended, restricted or terminated due to any land use planning or zoning applicable to the shooting range's location if: (1) The shooting positions operate no closer than: (A) One hundred fifty feet (150') from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner; (B) One hundred eighty feet (180') from any adjoining boundary line that extends from
PAGE 5, July 14, 2015 PLANNING COMMISSION MINUTES the southwest corner to the northwest corner; (C) One hundred eighty feet (180') from any adjoining boundary line that extends from the northwest corner to the northeast corner; (D) One hundred eighty feet (180') from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and (E) One hundred eighty feet (180') from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(a)-(d); and (2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed. (d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, the range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation. Staff is proposing the following definitions for Shooting Ranges: Indoor Shooting Range: The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions. Outdoor Shooting Range: The use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as turkey shoots. Excluded from this use type shall be general hunting and unstructured and nonrecurring discharging of firearms on private property with the property owner s permission. Staff is proposing the following regulations for Shooting Ranges to be added to General Provisions. Section 52. Indoor and Outdoor Shooting Range Regulations The purpose of these facilities is to safely train individuals in the handling of firearms in an urban setting with minimal impact to adjacent properties. 52.1 Such facilities shall be located on a tract with a minimum area of 20 acres. 52.2 The property line of the firearm training facility shall be a minimum of one thousand yards from the boundary of any residentially zoned district. 52.3 Such facilities shall have a rear setback minimum of two hundred (200 ) feet from the property line to the exterior base of the berm. 52.4 In addition, such facilities shall have a side setback minimum of one hundred (100 ) feet from the property line to the exterior base of the berm. A berm shall be present at least twenty (20 ) feet in height at the rear of the berm, at least eight (8 ) feet in height at the sides of the berm, and four (4 ) feet wide at the top of the berm. 52.5 Any man-made berm must be designed and certified, by an engineer licensed by the State of Tennessee, as adequate.
PAGE 6, July 14, 2015 PLANNING COMMISSION MINUTES 52.6 The down range area shall be fenced and display with warning signs of the activity within. 52.7 The hours of operation shall be limited to daylight hours. 52.8 Decibel levels measured at the property lines shall be limited during hours of operation to seventy five- (75) db. 52.9 The developer/owner of a firearm training facility shall provide documentation that all State and Local regulations have been met. 52.10 The developer/owner shall provide two (2)-parking spaces per firing point or firing lane, plus one (1) additional space for each employee. 52.11 A site plan shall be required and include but not limited to: Survey of the entire property, drawn to scale by a licensed surveyor Adjacent property owners Topographic contours in 5-ft intervals All drainage structures, areas, water retention areas Existing and proposed utilities All structures and their use Parking areas Firing area layout All fencing and buffering specifications 52.12 In addition to the site plan, the developer/owner shall submit a safety plan and a sound abatement plan. The Board of Zoning Appeals may require additional fencing, buffering, baffles, or may deny the request if the site plan does not or cannot meet the above mentioned purposes, standards and requirements, or if other significant health and safety issues are present. Staff is proposing the below addition to Article IX, ZONING TABLE FOR COMMERCIAL AND INDUSTRIAL DISTRICTS. This would make Outdoor Shooting Ranges a Use Permitted on Appeal in the industrial districts only and Indoor ranges a Use Permitted on Appeal in all commercial and industrial districts. AMUSEMENT & RECREATION SERVICES Sports Activities R-1 R-2 R-3 R-4 R-5 PRD B-1 B-2 B-3 PB M M-1 Indoor Shooting Ranges S S S S S S Outdoor Shooting Ranges S S
PAGE 7, July 14, 2015 PLANNING COMMISSION MINUTES The Planning Commission discussed the Shooting Range text and gave staff some items to change and present at the August 11, 2015 Planning Commission meeting. OTHER BUSINESS: None REPORTS A. Mayoral Comments and Issues The Mayor welcomed the new Planning Commission member, Rick Wilson. Rick Wilson has served on the Municipal Board of Zoning Appeals for several years. The Mayor believes that Rick will be a great addition to the Planning Commission. The Mayor mentioned the article in The Leader regarding C.B. Brown and the ground breaking ceremony for his smart home that is being built by the Gary Sinise foundation. The Village of Green Meadow will be having an open house and ground blessing ceremony on Saturday, July 18, 2015. All Planning Commission members are invited to attend. The Mayor extended a warm and sincere Happy 80 th Birthday to Alderman Sue Arthur. BUILDING INSPECTOR-PERMITTING AND ENFORCEMENT REPORT: None There being no further business, the meeting was adjourned at 8:10 P.M. by Chairman Gary Fodor. Gary Fodor, Chairman Sue Arthur, Secretary Barbara Younger, Recording Secretary