6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN PUBLIC NOTICE - WORKSESSION 5 PM. Sponsor(s): City Manager Kenny Martin

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1 AGENDA April 10, 2017 MT. JULIET BOARD OF COMMISSIONERS 6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN Work session 5:00 PM Transportation Plan. Discussion Item Public Hearing 6:15 PM. Discussion Item PUBLIC NOTICE - WORKSESSION 5 PM Sponsor(s): City Manager Kenny Martin PUBLIC HEARING 6:15 PM Sponsor(s): City Manager Kenny Martin. Amend FY 2016/2017 to accept contributions and approve appropriations for the Solar Eclipse Event. Amend FY 2016/2017 to accept donations from the Exchange Club of West Wilson County 1. Call to Order & Declare a Quorum Present 2. Set Agenda 3. Invocation & Pledge of Allegiance 3.1. Pastor Brian Cowan, Faith is the Victory Church 1

2 4. Approval of Minutes 4.1. Board of Commissioners - Regular Meeting - Mar 27, :30 PM 5. Citizens Comments 6. Commissioner Reports & Comments 7. City Manager's Report 8. Unfinished Business Consent Agenda Items: 9. Unfinished Business Ordinances 2nd Reading 9.1. Ordinance ACCEPT EXCHANGE CLUB CONTRIBUTION FOR CITY OF MT. JULIET BEAUTIFICATION - $ /27/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin 9.2. Ordinance ACCEPT CONTRIBUTIONS AND APPROPRIATE SAME FOR EXPENDITURES TO PROMOTE THE 2017 ECLIPSE EVENT 03/27/17 Board of Commissioners RECOMMENDATION Sponsor(s): Commissioner Brian Abston 10. New Business Consent Agenda Items: 11. New Business Ordinances 1st Reading Ordinance AN ORDINANCE TO REZONE AND ADOPT THE BECKWITH GOLDEN BEAR PRELIMINARY MASTER DEVELOPMENT PLAN PUD, BEING MAP 077, PARCELS , AND /18/16 Planning Commission DEFER, NO VOTE Next: 03/17/16 03/17/16 Planning Commission DEFER, NO VOTE Next: 04/21/16 05/19/16 Planning Commission NEGATIVE RECOMMENDATION 02/16/17 Planning Commission RECOMMENDATION Sponsor(s): Positive Recommendation. Developer has requested deferral Ordinance AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY MODIFYING SECTION 6-103, BULK REGULATIONS 2

3 03/16/17 Planning Commission RECOMMENDATION Sponsor(s): Positive Recommendation Ordinance AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY MODIFYING SECTION , OFF-STREET PARKING SPACE REQUIREMENTS 03/16/17 Planning Commission RECOMMENDATION Sponsor(s): Positive Recommendation Ordinance AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, ARTICLE 11 SIGNS Resolution 12. Adjournment 03/16/17 Planning Commission RECOMMENDATION Sponsor(s): Positive Recommendation Resolution RESOLUTION TO DISTRIBUTE PROCEEDS OF ABANDONED PROPERTY Resolution Sponsor(s): City Manager Kenny Martin A RESOLUTION IN SUPPORT OF THE APPLICATION FOR THE HEALTHY MIDDLE TENNESSEE GRANT TO ASSIST IN THE FUNDING OF THE BICYCLE & PEDESTRIAN ADVISORY COMMITTEE (BPAC) STORYWALK Resolution Sponsor(s): Commissioner - District 3 Art Giles RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MT. JULIET, TENNESSEE AND THE TENNESSEE DEPARTMENT OF TRANSPORTATION FOR THE SAFETY IMPROVEMENT PROJECT ON OLD LEBANON DIRT ROAD AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Sponsor(s): City Manager Kenny Martin 3

4 a PUBLIC NOTICE The Board of Commissioners of the City of Mt. Juliet will have a Work Session on Monday, April 10, 2017 at 5:00 p.m. to discuss the Transportation Plan and other items generally related. The public is invited to attend. Kenny Martin, City Manager City of Mt. Juliet Attachment: Transportation Plan (2837 : Public Notice - Worksession 5 PM) Packet Pg. 4

5 a PUBLIC NOTICE The Board of Commissioners of the City of Mt. Juliet will have a Public Hearing on Monday, April 10, 2017 at 6:15 p.m. to hear comments on the following items to be considered on 2 nd and final reading: An ordinance amending the FY 2016/2017 budget to accept a donation from the Exchange Club of West Wilson County An ordinance amending the FY 2016/2017 budget to accept contributions and appropriate the same for the Solar Eclipse Event 2017 The public is invited to attend and comment Kenny Martin, City Manager City of Mt. Juliet Attachment: (2838 : Public Hearing 6:15 PM) Packet Pg. 5

6 4.1 MINUTES March 27, 2017 MT. JULIET BOARD OF COMMISSIONERS 6:30 PM Commission Chambers 2425 North Mt. Juliet Road Mt. Juliet, TN Work Session 5 PM - Road Improvements. Discussion Item Public Hearing 6:15 PM Citizens Comments: No pros or cons voiced.. Discussion Item PUBLIC NOTICE 5 PM Sponsor(s): City Manager Kenny Martin PUBLIC HEARING 6:15 PM Sponsor(s): City Manager Kenny Martin 1. Amend Zoning Ordinance - LDC concerning Cell Phone Towers 2. Amend FY 16/17 Budget to purchase land for Fire Hall 3. Amend Alcoholic Beverage 4. Amend FY 16/17 Budget to renovate outside of City Hall Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 5. WCBOE - Approve Agreed Order 1. Call to Order & Declare a Quorum Present Attendee Name Title Status Arrived Ed Hagerty Mayor Present James Maness Vice Mayor - District 2 Present Art Giles Commissioner - District 3 Present Ray Justice Commissioner - District 1 Present Brian Abston Commissioner Present 1 Packet Pg. 6

7 2. Set Agenda Item 9. A. 2 will be moved to last item under unfinished business Invocation & Pledge of Allegiance Pastor Eddie Poole 3.1. Mt. Juliet Life Church 4. Approval of Minutes 4.1. Board of Commissioners - Regular Meeting - Feb 27, :30 PM RESULT: MOVER: Correction made by Commissioner Ray Justice: Packet page 13: $308, should be $380, No objections voiced. ACCEPTED [UNANIMOUS] Brian Abston, Commissioner SECONDER: Ray Justice, Commissioner - District 1 AYES: 5. Citizens Comments None Hagerty, Maness, Giles, Justice, Abston 6. Commissioner Reports & Comments Commissioner Ray Justice: Belated Happy Birthday to Katrina Hagerty. Vice-Mayor James Maness: Thanked the Mt. Juliet Police Department for their presence in his district. His neighborhood has had a few incidents in the past week. The Police saturated the neighborhood, sponsored a town hall meeting. The police stayed and answered all questions. Really appreciates this. Willoughby Station Swim Team sent them a nice note and thanked them for the great work. Hickory Hills neighborhood had an organized cleanup at the entrance for about 3/4 mile. Cannot understand why someone would throw their trash out. They filled a pick up truck. Commissioner Art Giles: Thanked Deputy City Manager Sheila Luckett and William Anderson on attending a workshop with him this past week on the Healthy Middle Tennessee grant. Will be applying for a 100% grant to help fight childhood obesity with a mobile display to move from park to park that also encourages literacy. Thanked Eagle Scout John Forth. He was asked to speak at his Eagle Court of Honor. Walked away with a respect for the Boy Scouts he did not have prior to the Court of Honor. The Scouts support each other and the lessons learned and earning lots of badges. They mentioned Jehovah God twice in the Court of Honor. Appreciated the opportunity to attend and the contribution that John and all Eagle Scouts have made to the community. Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) Commissioner Brian Abston: None 2 Packet Pg. 7

8 Mayor Ed Hagerty: Welcomed Boy Scout Troop 263 & Boy Scout Troop 643. Welcomed his American Government Class. Next week they will ride the train to Nashville and meet with State Representative Susan Lynn, Senator Mae Beavers, Governor Haslam and several others City Manager's Report City Manager Kenny Martin thanked everyone for their attendance. He introduced Natalie Hughes with Ascend Credit Union to help recognize: William Andrew Jackson and Nancy Willadeen Jackson. These are two precious people that celebrated their 65th wedding anniversary last September. Mr. Jackson is an ordained minister and an Air Force Veteran. They started Restoration Community Outreach to help educate people to learn to help themselves. Mayor Hagerty presented the Jacksons with a plaque and Ascend presented them with a $25 VISA gift card. Mr. Jackson stated they appreciate City Manager Kenny Martin and how much help he has provided over the past 21 years. There are now hundreds and hundreds of kids making good grades that were failing and they are happy to be a part of that. 8. Unfinished Business Consent Agenda Items: 9. Unfinished Business A. Ordinances 2nd Reading 9.A.1. Ordinance AN ORDINANCE AMENDING , ON THE DESIGN AND CONSTRUCTION OF CELL PHONE TOWERS. 05/15/14 Planning Commission RECOMMENDATION 02/27/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Planner Bo Logan explained the ordinance. He answered a previous question from 1st reading: Do these regulations apply to amateur radio towers? He stated 'No, it does not'. RESULT: TO: MOVER: SECONDER: ADOPTED [UNANIMOUS] Board of Commissioners Brian Abston, Commissioner Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Justice, Abston Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 9.A.2. Ordinance AN ORDINANCE OF THE CITY OF MT. JULIET TO AMEND THE MT. JULIET CITY CODES CHAPTER 4 ALCOHOLIC BEVERAGES 02/27/17 Board of Commissioners RECOMMENDATION Sponsor(s): City Manager Kenny Martin City Attorney Charles Michels stated that the state has changed the definition of beer and we are stating we will follow state law. 3 Packet Pg. 8

9 4.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Brian Abston, Commissioner SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.3. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FOR THE REPAIR OF THE OUTSIDE OF CITY HALL BUILDING LOCATED AT 2425 N. MT. JULIET ROAD NOT TO EXCEED $530, /13/17 Board of Commissioners RECOMMENDATION 02/27/17 Board of Commissioners DEFER Next: 03/27/17 Sponsor(s): City Manager Kenny Martin Motion to defer indefinitely made by Mayor Ed Hagerty, seconded by Commissioner Ray Justice. RESULT: DEFER [UNANIMOUS] Next: 12/31/ :00 PM MOVER: Art Giles, Commissioner - District 3 SECONDER: James Maness, Vice Mayor - District 2 AYES: Hagerty, Maness, Giles, Justice, Abston. Staff recommends deferral until all information/bids are completed 9.A.4. Ordinance AN ORDINANCE TO APPROVE THE AGREED ORDER APPROVED BY THE WILSON COUNTY BOARD OF EDUCATION ON FEBRUARY 6, 2017 TO SETTLE THE SUIT FILED BY THE WILSON COUNTY BOARD OF EDUCAITON AND LEBANON SPECIAL SCHOOL DISTRICT AGAINST THE CITY OF MT. JULIET AND AUTHORIZES CITY ATTORNEY GINO MARCHETTI AND TML APPOINTED ATTORNEY KRISTIN BEREXA TO SIGN THE AGREED ORDER 02/13/17 Board of Commissioners RECOMMENDATION 02/27/17 Board of Commissioners DEFER Next: 03/27/17 Sponsor(s): Commissioner - District 1 Ray Justice Commissioner Ray Justice stated the suit has been postponed for several months and recommends deferral. Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) Motion made by Mayor Ed Hagerty to reduce the amount of waived fees by the appraised value for the three acres, and add a clause that the City of Mt. Juliet will purchase the three acres of land for the appraised value, with the appraisal to be performed by a firm hired by the City of Mt. Juliet. The purchase would be made upon completion of the road, with the counter offer being valid for 60 days. Seconded by Commissioner Brian Abston. 4 Packet Pg. 9

10 City Attorney Charles Michels stated we still will have to wait on the bond counsel to evaluate the purchase and land value. Asking the Attorney General could have a 6 months turn around. 4.1 Commissioner Ray Justice questioned if the Bond Counsel would approve the sale of land below appraised value? Mayor Ed Hagerty stated that was just a round figure, it could be any amount. Mayor Ed Hagerty asked Fire Chief Jamie Luffman what the appraisal was for the three acres. Commissioner Art Giles asked if we could wait 6 months? RESULT: City Attorney Charles Michels stated if purchased at appraised value he doesn't see why the Bond Counsel would not approve. Vote on amendment: Yea: unanimous ADOPTED [UNANIMOUS] MOVER: Ray Justice, Commissioner - District 1 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston 9.A.5. Ordinance AMEND THE FISCAL YEAR 2016/2017 BUDGET ORDINANCE TO APPROPRIATE FUNDS FROM THE EMERGENCY SERVICES FUND FOR EASEMENTS AND LAND - $275, /23/17 Board of Commissioners DEFER Next: 02/13/17 02/13/17 Board of Commissioners DEFER Next: 02/27/17 02/27/17 Board of Commissioners RECOMMENDATION Sponsor(s): Vice Mayor - District 2 James Maness Motion to defer for 60 days made by Commissioner Brian Abston, seconded by Commissioner Art Giles. RESULT: DEFER [UNANIMOUS] Next: 6/12/2017 6:30 PM MOVER: Art Giles, Commissioner - District 3 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston 10. New Business Consent Agenda Items: Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 11. New Business A. Ordinances 1st Reading 11.A.1. Ordinance ACCEPT EXCHANGE CLUB CONTRIBUTION FOR CITY OF MT. JULIET BEAUTIFICATION - $ Sponsor(s): City Manager Kenny Martin 5 Packet Pg. 10

11 4.1 RESULT: RECOMMENDATION [UNANIMOUS] Next: 4/10/2017 6:30 PM TO: Board of Commissioners MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 11.A.2. Ordinance AN ORDINANCE AMENDING ORDINANCE NO (ZONING MAP), ADOPTED JULY 23, 2012, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 68.79_ACRES OF LAND OWNED BY RUFUS PAGE AND LOCATED AT 563 MAIN STREET AND AS DESCRIBED HEREIN FROM RS-10_TO AGRICULTURAL RESIDENTIAL (AR- 40) BEING MAP 073, PARCEL Sponsor(s): Positive Recommendation City Planner Bo Logan explained that they have been working on this project for several months. Mr. Page's use and novelty of his property is probably one of a kind in the City of Mt. Juliet to go to Agricultural Residential. Staff recommended AR-40, not Commercial Town Center (CTC) which was applied for. Mr. Rufus Page addressed the Board stating he is planning an Event Center for weddings, picnics, corporate parties. City Planner Bo Logan stated these are accessory uses. Mr. Page still lives on his property so we have the Agriculture Residential zoning, which allows these types of uses. Mayor Hagerty stated he has built an old time Country Store, which is very cool looking. And you drive thru a covered bridge to get there. RESULT: RECOMMENDATION [UNANIMOUS] Next: 4/24/2017 6:30 PM TO: Board of Commissioners MOVER: Art Giles, Commissioner - District 3 SECONDER: Brian Abston, Commissioner AYES: Hagerty, Maness, Giles, Justice, Abston Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 11.A.3. Ordinance ACCEPT CONTRIBUTIONS AND APPROPRIATE SAME FOR EXPENDITURES TO PROMOTE THE 2017 ECLIPSE EVENT Sponsor(s): Commissioner Brian Abston Commissioner Brian Abston stated this will be a special event at Charlie Daniels Park to view the solar eclipse on August 21st. Two Rivers Ford and Precision Eye Care are the sponsors. T-Shirts with "I survived the Mt. Juliet Eclipse" All leftover funds will go toward the Friends of the Mt. Juliet Parks & Greenways. 6 Packet Pg. 11

12 4.1 RESULT: RECOMMENDATION [UNANIMOUS] Next: 4/10/2017 6:30 PM TO: MOVER: Board of Commissioners Brian Abston, Commissioner SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston B. Resolutions 11.B.1. Resolution RESULT: ADOPT PUBLIC RECORDS POLICY Sponsor(s): City Manager Kenny Martin City Manager Kenny Martin stated this is required by state law. ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Justice, Abston 11.B.2. Resolution RESULT: MOVER: SECONDER: APPROVE 2017 AUDIT CONTRACT WITH YEARY, HOWELL Sponsor(s): City Manager Kenny Martin ADOPT [UNANIMOUS] Brian Abston, Commissioner Ed Hagerty, Mayor AYES: Hagerty, Maness, Giles, Justice, Abston 11.B.3. Resolution A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF MT. JULIET, TENNESSEE TO PRIORITIZE ESSENTIAL TRANSPORTATION PROJECTS Sponsor(s): Commissioner Ray Justice added to the minutes that this list is not set in stone and as funding is available the list will change. Deputy Public Works Director Andy Barlow explained that currently the widening of Golden Bear Gateway has no state or grant funding. However, he is expecting grant monies to become available in the next few months and this project will move up on the list. The Bicycle and Pedestrian projects are listed due to the fact they have funding associated with the project. Deputy Public Works Director Andy Barlow stated that in all future projects we will include sidewalk and Bike/Pedestrian lanes. Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 7 Packet Pg. 12

13 Motion to add sidewalks to #14 made by Commissioner Ray Justice, seconded by Mayor Ed Hagerty. 4.1 Vote on amendment: Yea: Unanimous RESULT: ADOPT [UNANIMOUS] MOVER: James Maness, Vice Mayor - District 2 SECONDER: Ray Justice, Commissioner - District 1 AYES: Hagerty, Maness, Giles, Justice, Abston 12. Adjournment Mayor Ed Hagerty City Recorder Sheila S. Luckett, MMC Minutes Acceptance: Minutes of Mar 27, :30 PM (Approval of Minutes) 8 Packet Pg. 13

14 9.1.a ORDINANCE ACCEPT EXCHANGE CLUB CONTRIBUTION FOR CITY OF MT. JULIET BEAUTIFICATION WHEREAS, the Exchange Club of West Wilson County, TN has provided a five hundred dollar ($500.00) donation to benefit the City of Mt. Juliet s beautification efforts; and WHEREAS, the City Commission has determined that citizens will benefit from the contribution being used in the manner directed by the contributor; and WHEREAS, the City of Mt. Juliet accepts the contribution and expresses its gratitude to Exchange Club of West Wilson County for their generosity and their interest in beautifying the City. NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Mt. Juliet, Tennessee as follows: Section 1. amended as follows: The 2016/2017 Budget Ordinance (Ordinance ) is hereby General Fund Increase the following Revenue: City Beautiful Donation $ Increase the Fund Balance: Fund Balance $ Section 2. The budget ordinance, as amended, is ratified and readopted in all respects and this amendment is incorporated therein. BE IT FURTHER ORDAINED: Section 3. In case of conflict between this ordinance or any part hereof, and the whole or part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. Section 4. If any section, clause, provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this ordinance. Section 5. That this ordinance shall take effect at the earliest date allowed by law, the public welfare requiring it. Attachment: Accept Exchange Club Contribution BdgtAmndmnt (2806 : Accept Exchange Club of West Wilson County Contribution) Packet Pg. 14

15 9.1.a PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: L. Gino Marchetti, Jr. City Attorney Ed Hagerty, Mayor Kenny Martin, City Manager Attachment: Accept Exchange Club Contribution BdgtAmndmnt (2806 : Accept Exchange Club of West Wilson County Contribution) Packet Pg. 15

16 9.2.a ORDINANCE ACCEPT CONTRIBUTIONS AND APPROPRIATE SAME FOR EXPENDITURES TO PROMOTE THE 2017 ECLIPSE EVENT WHEREAS, Two Rivers Ford of Mt. Juliet, TN has contributed seven thousand dollars ($7,000.00) to benefit the City of Mt. Juliet s promotion of the Solar Eclipse event scheduled for August 2017; and WHEREAS, Precision Eye Care of Mt. Juliet, TN has contributed two hundred dollars ($200.00) to benefit the City of Mt. Juliet s promotion of the Solar Eclipse event scheduled for August 2017; and WHEREAS, the City Commission has determined that citizens will benefit from the contributions being used in the manner directed by the contributors; and WHEREAS, the City of Mt. Juliet accepts the contributions and expresses its gratitude to Two Rivers Ford and Precision Eye Care for their generosity and their interest in promoting the event. NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Mt. Juliet, Tennessee as follows: Section 1. amended as follows: The 2016/2017 Budget Ordinance (Ordinance ) is hereby General Fund Increase the following Revenue: Donation-2017 Eclipse Celebration $7, Increase the following Expenditures: Eclipse Promotion $7, Section 2. The budget ordinance, as amended, is ratified and readopted in all respects and this amendment is incorporated therein. BE IT FURTHER ORDAINED: Section 3. In case of conflict between this ordinance or any part hereof, and the whole or part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. Section 4. If any section, clause, provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision or portion of this ordinance. Attachment: Accept Solar Eclipse Contributions BdgtAmndmnt (2828 : ACCEPT CONTRIBUTIONS AND APPROPRIATE SAME FOR Packet Pg. 16

17 9.2.a Section 5. That this ordinance shall take effect at the earliest date allowed by law, the public welfare requiring it. PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: L. Gino Marchetti, Jr. City Attorney Ed Hagerty, Mayor Kenny Martin, City Manager Attachment: Accept Solar Eclipse Contributions BdgtAmndmnt (2828 : ACCEPT CONTRIBUTIONS AND APPROPRIATE SAME FOR Packet Pg. 17

18 11.1.a M E M O R A N D U M Date: February 18, 2016 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Rezoning From OPS to IR-PUD Preliminary Master Development Plan For Beckwith-Golden Bear Map 077 / Parcels 11.00/12.00/13.00 OVERVIEW: On behalf of their client, Civil Site Design Group, PLLC is requesting 1)Rezoning and 2)Approval of the Preliminary Master Development Plan for Beckwith- Golden Bear. The applicant is requesting a rezoning from City of Mt. Juliet OPS (Office and Professional Services) to I-R PUD (Industrial Restrictive Planned Unit Development). The property is approximately acres and is currently shown on the Land Use Map as Business Development Center. The purpose of this PUD is to create a development that will allow for warehouse and distribution type uses and services. ANALYSIS: The south boundary of this site is located adjacent to the previously approved Beckwith North project (Beckwith North was also rezoned to IR-PUD in 2015). From there, the project stretches north all the way to East Division Street where it will have road frontage, but the primary access points will be along the future Eastern Connector (Golden Bear Gateway) that is currently under construction. Also, a new internal road will be built that will tie into Athletes Way. Athletes Way is the new internal road that was built with the new Under Armour facility. If, in the future, Under Armour elects to build a second one million square foot facility, the two roads will likely not be connected. The property is currently vacant. The facilities proposed on this site include two new buildings that will be substantially similar to the existing buildings located in Beckwith Farms, along with associated parking areas, loading docks, access driveways, etc. Two (2) buildings are being proposed on the site. Building A is proposed to be 320,000 square feet. The size of Building B is proposed to be over one million square feet (1,000,000 sq. ft.). Attachment: Staff Report 2/18/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3553 Packet Pg. 18

19 3553, continued Page 2 Minimum Building setbacks meet the standard requirements for property zoned straight I-R. Buffers around the perimeter are indicated and shall be a width of 100 feet along all borders common to residentially zoned areas. These 100 buffers also meet the requirements of the Zoning Ordinance. The applicant is requesting a Land Use Map amendment from Business Development Center to Business Development Center-Impact Zone. This classification is consistent with the neighboring Beckwith West, Beckwith North and Beckwith Farms. A Land Use Map amendment requires a notice to be advertised in the paper 30 days prior to the RPC meeting. This notice requirement has not been met and therefore the requested amendment will be on the March agenda for formal action. As recommended by staff below, the proposed rezoning to IR-PUD will restrict the uses on the site to warehousing goods, transport and storage. As such, staff believes that the proposed rezoning is consistent with the requirements of Section 2, Consistency with the General Plan and Area Development Plans. RECOMMENDATION: Staff recommends approval of the Preliminary PUD and Development Plan with the following conditions. Planning: 1. Use of the site is restricted to warehousing goods, transport and storage as listed in the zoning ordinance. 2. A Land Use Map Amendment changing the site from the current classification to Business Development Center-Impact Zone shall be approved by the Regional Planning Commission prior to second reading by the Board of Commissioners. 3. Building elevations and exteriors shall be composed of materials substantially similar to the adjacent Beckwith Farms and Beckwith West developments. Tilt-up concrete or masonry shall be utilized. No metal panels are to be used. 4. Correct the spelling of Warehouse in Note 1. Remove the extra h. 5. Install bike racks at both facilities according to new City ordinance. Public Works: 1. Further discussion will be needed on whether or not the proposed sanitary pump station will be public or private. 2. Access points to Golden Bear Gateway to be approved at FMDP. Improvements at intersection will be based on review of the Traffic Impact Study. 3. Show separate left and right turn lanes to ramp. 4. ROW dedication will be required along East Division Street. Traffic Study Comments: 5. Signal warrants will be required at the connection of the access drive to Beckwith West/North and at the completion of the larger building. A signal shall be installed by the developer at the time that a signal warrant is met. 6. Review signal warrant analysis at each ramp connection between Division Street and Golden Bear Gateway a Attachment: Staff Report 2/18/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3553 Packet Pg. 19

20 11.1.a 3553, continued Page 3 7. Need warrants on right turn decal lanes at each access point. 8. Also need intersection analysis at Division and the Eastern Connector ramp access. 9. Comments and the revised traffic study to be addressed and submitted with the FMDP. 10. Include deceleration and storage lengths for left and right turn lanes. 11. Payment for any alterations of plans for the Easter Connector project as a result of this project will be the responsibility of the developer. West Wilson Utility District: 12. WWUD will service this development. WWUD, Engineers and Owner/Developer are developing a water plan. Attachment: Staff Report 2/18/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3553 Packet Pg. 20

21 Attachment: Map Beckwith_Golden_Bear_project_warehouse_3_9_16 (2405 : Beckwith Golden Bear 11.1.b Packet Pg. 21

22 11.1.c M E M O R A N D U M Date: March 17, 2016 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Rezoning From OPS to IR-PUD, Preliminary Master Development Plan & Amendment to the Land Use Plan For Beckwith-Golden Bear Map 077 / Parcels 11.00/12.00/13.00 OVERVIEW: On behalf of their client, Civil Site Design Group, PLLC is requesting 1)Rezoning and 2)Approval of the Preliminary Master Development Plan for Beckwith- Golden Bear. The applicant is requesting a rezoning from City of Mt. Juliet OPS (Office and Professional Services) to I-R PUD (Industrial Restrictive Planned Unit Development). The property is approximately acres and is currently shown on the Land Use Map as Business Development Center. The purpose of this PUD is to create a development that will allow for warehouse and distribution type uses and services. ANALYSIS: The south boundary of this site is located adjacent to the previously approved Beckwith North project (Beckwith North was also rezoned to IR-PUD in 2015). From there, the project stretches north all the way to East Division Street where it will have road frontage, but the primary access points will be along the future Eastern Connector (Golden Bear Gateway) that is currently under construction. Also, a new internal road will be built that will tie into Athletes Way. Athletes Way is the new internal road that was built with the new Under Armour facility. If, in the future, Under Armour elects to build a second one million square foot facility, the two roads will likely not be connected. The property is currently vacant. The facilities proposed on this site include two new buildings that will be substantially similar to the existing buildings located in Beckwith Farms, along with associated parking areas, loading docks, access driveways, etc. Two (2) buildings are being proposed on the site. Building A is proposed to be 320,000 square feet. The size of Building B is proposed to be over one million square feet (1,000,000 sq. ft.). Attachment: Staff Report 3/17/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3632 Packet Pg. 22

23 3632, continued Page 2 Minimum Building setbacks meet the standard requirements for property zoned straight I-R. Buffers around the perimeter are indicated and shall be a width of 100 feet along all borders common to residentially zoned areas. These 100 buffers also meet the requirements of the Zoning Ordinance. As recommended by staff below, the proposed rezoning to IR-PUD will restrict the uses on the site to warehousing goods, transport and storage. As such, staff believes that the proposed rezoning is consistent with the requirements of Section 2, Consistency with the General Plan and Area Development Plans. Land Use Plan. The Land Use Map identifies all acres of the site as Business Development Center. The applicant is requesting a Land Use Map amendment from Business Development Center to Business Development Center-Impact Zone. This classification is consistent with the neighboring Beckwith West, Beckwith North and Beckwith Farms. This project requires a land use amendment to survive, and Staff offers a positive recommendation for the proposed land use amendment. RECOMMENDATION: Staff recommends approval of the Preliminary PUD and Development Plan with the following conditions. Planning: 1. Use of the site is restricted to warehousing goods, transport and storage as listed in the zoning ordinance. 2. A Land Use Map Amendment changing the site from the current classification of Business Development Center to Business Development Center-Impact Zone is hereby approved. 3. Building elevations and exteriors shall be composed of materials substantially similar to the adjacent Beckwith Farms and Beckwith West developments. Tilt-up concrete or masonry shall be utilized. No metal panels are to be used. 4. Correct the spelling of Warehouse in Note 1. Remove the extra h. 5. Install bike racks at both facilities according to new City ordinance. 6. The 5.4 acre parcel located in the Southwest corner is to remain as green space for perpetuity. Public Works: 1. Further discussion will be needed on whether or not the proposed sanitary pump station will be public or private. 2. Access points to Golden Bear Gateway to be approved at FMDP. Improvements at intersection will be based on review of the Traffic Impact Study. 3. Show separate left and right turn lanes to ramp. 4. ROW dedication will be required along East Division Street c Attachment: Staff Report 3/17/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3632 Packet Pg. 23

24 3632, continued Page c Traffic Study Comments: 5. Signal warrants will be required at the connection of the access drive to Beckwith West/North and at the completion of the larger building. A signal shall be installed by the developer at the time that a signal warrant is met. 6. Review signal warrant analysis at each ramp connection between Division Street and Golden Bear Gateway. 7. Need warrants on right turn decal lanes at each access point. 8. Also need intersection analysis at Division and the Eastern Connector ramp access. 9. Comments and the revised traffic study to be addressed and submitted with the FMDP. 10. Include deceleration and storage lengths for left and right turn lanes. 11. Payment for any alterations of plans for the Easter Connector project as a result of this project will be the responsibility of the developer. West Wilson Utility District: 12. WWUD will service this development. WWUD, Engineers and Owner/Developer are developing a water plan. Attachment: Staff Report 3/17/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3632 Packet Pg. 24

25 11.1.e M E M O R A N D U M Date: May 19, 2016 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Rezoning From OPS to IR-PUD, Preliminary Master Development Plan & Amendment to the Land Use Plan For Beckwith-Golden Bear Map 077 / Parcels 11.00/12.00/13.00 OVERVIEW: On behalf of their client, Civil Site Design Group, PLLC is requesting 1)Rezoning and 2)Approval of the Preliminary Master Development Plan for Beckwith- Golden Bear. The applicant is requesting a rezoning from City of Mt. Juliet OPS (Office and Professional Services) to I-R PUD (Industrial Restrictive Planned Unit Development). The property is approximately acres and is currently shown on the Land Use Map as Business Development Center. The purpose of this PUD is to create a development that will allow for warehouse and distribution type uses and services. ANALYSIS: The south boundary of this site is located adjacent to the previously approved Beckwith North project (Beckwith North was also rezoned to IR-PUD in 2015). From there, the project stretches north all the way to East Division Street where it will have road frontage, but the primary access points will be along the future Eastern Connector (Golden Bear Gateway) that is currently under construction. Also, a new internal road will be built that will tie into Athletes Way. Athletes Way is the new internal road that was built with the new Under Armour facility. If, in the future, Under Armour elects to build a second one million square foot facility, the two roads will likely not be connected. The property is currently vacant. The facilities proposed on this site include two new buildings that will be substantially similar to the existing buildings located in Beckwith Farms, along with associated parking areas, loading docks, access driveways, etc. Two (2) buildings are being proposed on the site. Building A is proposed to be 320,000 square feet. The size of Building B is proposed to be over one million square feet (1,000,000 sq. ft.). Attachment: Staff Report 5/19/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 25

26 11.1.e Minimum Building setbacks meet the standard requirements for property zoned straight I-R. Buffers around the perimeter are indicated and shall be a width of 100 feet along all borders common to residentially zoned areas. These 100 buffers also meet the requirements of the Zoning Ordinance. As recommended by staff below, the proposed rezoning to IR-PUD will restrict the uses on the site to warehousing goods, transport and storage. As such, staff believes that the proposed rezoning is consistent with the requirements of Section 2, Consistency with the General Plan and Area Development Plans. Land Use Plan. The Land Use Map identifies all acres of the site as Business Development Center. The applicant is requesting a Land Use Map amendment from Business Development Center to Business Development Center-Impact Zone. This classification is consistent with the neighboring Beckwith West, Beckwith North and Beckwith Farms. This project requires a land use amendment to survive, and Staff offers a positive recommendation for the proposed land use amendment. RECOMMENDATION: Staff recommends approval of the Preliminary PUD and Development Plan with the following conditions. Planning: 1. Use of the site is restricted to warehousing goods, transport and storage as listed in the zoning ordinance. 2. A Land Use Map Amendment changing the site from the current classification of Business Development Center to Business Development Center-Impact Zone is hereby approved. 3. Building elevations and exteriors shall be composed of materials substantially similar to the adjacent Beckwith Farms and Beckwith West developments. Tilt-up concrete or masonry shall be utilized. No metal panels are to be used. 4. Correct the spelling of Warehouse in Note 1. Remove the extra h. 5. Install bike racks at both facilities according to new City ordinance. 6. The 5.4 acre parcel located in the Northeast corner is to remain as green space for perpetuity. Public Works: 1. Further discussion will be needed on whether or not the proposed sanitary pump station will be public or private. 2. Access points to Golden Bear Gateway to be approved at FMDP. Improvements at intersection will be based on review of the Traffic Impact Study. 3. Show separate left and right turn lanes to ramp. 4. ROW dedication will be required along East Division Street. Attachment: Staff Report 5/19/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3752 Packet Pg. 26

27 11.1.e Traffic Study Comments: 1. Signal warrants will be required at the connection of the access drive to Beckwith West/North and at the completion of the larger building. A signal shall be installed by the developer at the time that a signal warrant is met. 2. Review signal warrant analysis at each ramp connection between Division Street and Golden Bear Gateway. 3. Need warrants on right turn decal lanes at each access point. 4. Also need intersection analysis at Division and the Eastern Connector ramp access. 5. Comments and the revised traffic study to be addressed and submitted with the FMDP. 6. Include deceleration and storage lengths for left and right turn lanes. 7. Payment for any alterations of plans for the Easter Connector project as a result of this project will be the responsibility of the developer. West Wilson Utility District: 1. WWUD will service this development. WWUD, Engineers and Owner/Developer are developing a water plan. Attachment: Staff Report 5/19/16 PMDP_Beckwith_GoldenBear (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 3752 Packet Pg. 27

28 11.1.g M E M O R A N D U M Date: February 16, 2017 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Rezoning From OPS to IR-PUD, Preliminary Master Development Plan For Beckwith-Golden Bear Map 077 / Parcels 11.00/12.00/13.00 OVERVIEW: On behalf of their client, Civil Site Design Group, PLLC is requesting 1)Rezoning and 2)Approval of the Preliminary Master Development Plan for Beckwith- Golden Bear. The applicant is requesting a rezoning from City of Mt. Juliet OPS (Office and Professional Services) to I-R PUD (Industrial Restrictive Planned Unit Development). The property is approximately acres and is currently shown on the Land Use Map as Business Development Center-Impact Zone. The purpose of this PUD is to create a development that will allow for warehouse and distribution type uses and services. ANALYSIS: The south boundary of this site is located adjacent to the previously approved Beckwith North project (Beckwith North was also rezoned to IR-PUD in 2015). From there, the project stretches north all the way to East Division Street where it will have road frontage, but the primary access points will be along the future Eastern Connector (Golden Bear Gateway) that is currently under construction. Also, a new internal road will be built that will tie into Athletes Way. Athletes Way is the new internal road that was built with the new Under Armour facility that lies to the south. If, in the future, Under Armour elects to build a second one million square foot facility, the two roads will likely not be connected. The property is currently vacant. The facilities proposed on this site include two new buildings that will be substantially similar to the existing buildings located in Beckwith Farms, along with associated parking areas, loading docks, access driveways, etc. Two (2) buildings are being proposed on the site. Building A is proposed to be 316,160 square feet. The size of Building B is proposed to be 992,220 sq. ft. Attachment: PMDP_Beckwith_GoldenBear_17_0210 (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 4163 Packet Pg. 28

29 4163, continued Page 2 Minimum Building setbacks meet the standard requirements for property zoned straight I-R. Buffers around the perimeter are indicated and shall be a width of 100 feet along all borders common to residentially zoned areas. These 100 buffers also meet the requirements of the Zoning Ordinance. As recommended by staff below, the proposed rezoning to IR-PUD will restrict the uses on the site to warehousing goods, transport and storage. As such, staff believes that the proposed rezoning is consistent with the requirements of Section 2, Consistency with the General Plan and Area Development Plans. Land Use Plan. The Land Use Map identifies all acres of the site as Business Development Center-Impact Zone. No Land Use Map amendment is necessary. This classification is consistent with the neighboring Beckwith West (Under Armour), Beckwith North and Beckwith Farms. RECOMMENDATION: Staff recommends approval of the Preliminary PUD and Development Plan with the following conditions. Planning: 1. Use of the site is restricted to warehousing goods, transport and storage as listed in the zoning ordinance. 2. Building elevations and exteriors shall be composed of materials substantially similar to the adjacent Beckwith Farms and Beckwith West developments. Tilt-up concrete, brick or stone shall be utilized. No metal panels are to be used. 3. Correct the spelling of Warehouse in Note 1. Remove the extra h. 4. Install bike racks at both facilities according to new City ordinance. 5. Appropriate trash receptacles shall be provided to comply with new City Ordinance. 6. Landscape berm shall be raised to a minimum height of 6 feet above grade when complete along Golden Bear Gateway and East Division Street. Public Works: 1. Maintain 900 minimum distance between accesses on Golden Bear Gateway. 2. New TDEC guidelines suggest pump station must be public. 3. Provide 6 wide sidewalk along both sides of proposed road. 4. Sidewalk along Division St. to be 6 wide. 5. Provide access easement from proposed road to adjacent eastern Property. 6. Developer to install 10 greenway on northeast side of Golden Bear Gateway. Greenway to extend to the bridge to the north. 7. ROW dedication will be required along East Division Street. 8. Provide drainage report. Traffic Study Comments: 9. Provide revised traffic impact study g Attachment: PMDP_Beckwith_GoldenBear_17_0210 (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 4163 Packet Pg. 29

30 11.1.g 4163, continued Page Improvements at site access with Golden Bear Gateway will be based on review of the revised traffic impact study. 11. Signal warrants will be required at the connection of the proposed road between Beckwith West/North and at the completion each building. A signal shall be installed by the developer at the time that a signal warrant is met. 12. Review signal warrant analysis at each ramp connection between Division Street and Golden Bear Gateway at the completion of each building. Signals shall be installed at the time a signal warrant is met. 13. Also need intersection analysis at Division and the Eastern Connector ramp access in traffic study. West Wilson Utility District: 1. There are no water lines shown. Existing or Proposed. Attachment: PMDP_Beckwith_GoldenBear_17_0210 (2405 : Beckwith Golden Bear Preliminary Master Development Plan) 4163 Packet Pg. 30

31 11.1.h ORDINANCE - AN ORDINANCE TO REZONE AND ADOPT THE BECKWITH GOLDEN BEAR PRELIMINARY MASTER DEVELOPMENT PLAN PUD, BEING MAP 077, PARCELS , AND * * * * * WHEREAS, the Regional Planning Commission considered this request during their meeting of February 16, 2017, and forwarded a positive recommendation to the Board of Commissioners by a vote of 4-3-0, and WHEREAS, the subject rezoning request is consistent with the Findings required in the Zoning Ordinance, and WHEREAS, The City of Mt. Juliet Board of Commissioners desires to rezone the subject property from Office Professional Services (OPS) to Industrial Restrictive (IR)PUD and approve the Preliminary Master Development Plan for Map 077, Parcels , and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MT. JULIET, TENNESSEE, WHILE IN REGULAR SESSION ON, 2017, as follows: SECTION 1. REZONING. Ordinance No (Zoning Map), adopted July 23, 2012, be and is hereby amended and altered by rezoning those certain parcels of real property known as Beckwith Golden Bear, described below and on Exhibit A (attached) from Office Professional Services (OPS) to Industrial Restrictive (IR) PUD and approve the Preliminary Master Development Plan for Map 077, Parcels , and , with conditions: Planning: 1. Use of the site is restricted to warehousing goods, transport and storage as listed in the zoning ordinance. 2. Building elevations and exteriors shall be composed of materials substantially similar to the adjacent Beckwith Farms and Beckwith West developments. Tilt-up concrete, brick or stone shall be utilized. No metal panels are to be used. 3. Correct the spelling of Warehouse in Note 1. Remove the extra h. 4. Install bike racks at both facilities according to new City ordinance. 5. Appropriate trash receptacles shall be provided to comply with new City Ordinance. 6. There shall be a landscape berm of 25 feet in height when complete along Golden Bear Gateway and East Division Street. 7. Include the five acre tract into the PUD Boundary. Attachment: Beckwith Golden Bear_PMDP-RZ Bo (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 31

32 11.1.h 8. Provide a trail head on the 5 acre tract to provide citizen parking and access to the greenway system. Public Works: 1. Maintain 900 minimum distance between accesses on Golden Bear Gateway. 2. New TDEC guidelines suggest pump station must be public. 3. Provide 6 wide sidewalk along both sides of proposed road. 4. Sidewalk along Division St. to be 6 wide. 5. Provide access easement from proposed road to adjacent eastern Property. 6. Developer to install 10 greenway on northeast side of Golden Bear Gateway. Greenway to extend to the bridge to the north. 7. ROW dedication will be required along East Division Street. 8. Provide drainage report. Traffic Study Comments: 9. Provide revised traffic impact study. 10. Improvements at site access with Golden Bear Gateway will be based on review of the revised traffic impact study. 11. Signal warrants will be required at the connection of the proposed road between Beckwith West/North and at the completion each building. A signal shall be installed by the developer at the time that a signal warrant is met. 12. Review signal warrant analysis at each ramp connection between Division Street and Golden Bear Gateway at the completion of each building. Signals shall be installed at the time a signal warrant is met. 13. Also need intersection analysis at Division and the Eastern Connector ramp access in traffic study. Improvements such as turn lanes or acceleration lanes are possible. 14. Repairs to Division are required to the City Engineer s specifications. West Wilson Utility District: 1. There are no water lines shown. Existing or Proposed. In the State of Tennessee, County of Wilson, and City of Mt. Juliet, and being more particularly described as follows: Legal Description: Beckwith Golden Bear; otherwise known as Map 077, Parcels , , and as described in Exhibit B and below. The rezoned land will be subject to the provisions and requirements of Ordinance as amended (Mt. Juliet Zoning Ordinance) and all other applicable ordinances, rules, and regulations of the City of Mt. Juliet, and shall be further conditioned as specified in Section 2 below. Attachment: Beckwith Golden Bear_PMDP-RZ Bo (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 32

33 11.1.h SECTION 2. EXHIBIT. The Preliminary Master Development Plan PUD for Beckwith Golden Bear shall consist of the following Exhibit: Exhibit A: Beckwith Golden Bear PMDP PUD, consisting of approximately one (1) sheet and dated. Except as modified herein and explicitly on the approved Preliminary Master Development Plan PUD, shall comply with the Zoning Ordinance, be in substantial conformance with Exhibit A attached hereto, all other applicable rules, regulations and ordinances of the City of Mt. Juliet, and is further conditioned upon the following: SECTION 3. - PUBLIC HEARING. A public hearing was held on to consider this item. BE IT FURTHER ORDAINED In case of conflict between this ordinance or any part hereof, and the whole part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. If any section, clause, or provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, or provision or portion of this ordinance. This ordinance shall take effect on the earliest date allowed by law. PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: L. Gino Marchetti, Jr. City Attorney Ed Hagerty, Mayor Kenny Martin, City Manager Attachment: Beckwith Golden Bear_PMDP-RZ Bo (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 33

34 11.1.i Attachment: deferral request on Beckwith (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 34

35 11.1.j Attachment: deferral request on Beckwith (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 35

36 11.1.k Attachment: Beckwith Golden Bear Deferral Request (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 36

37 11.1.k Attachment: Beckwith Golden Bear Deferral Request (2405 : Beckwith Golden Bear Preliminary Master Development Plan) Packet Pg. 37

38 11.2.a Date: March 16, 2017 To: M E M O R A N D U M Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Zoning Ordinance Amendment Sec Bulk regulations. Background: This request has been initiated by Planning Department staff following a review of the current requirements for commercial structures that lie within the Town Center or downtown area. The Regional Planning Commission has encountered several site plan requests over recent years that have redirected attention to the restrictive language in the Zoning Ordinance affecting these commercial sites. Additionally, the Regional Planning Commission is soon to encounter more site plan requests that will be adversely affected by the current language. Analysis: Approximately two (2) decades ago, the City put regulations in place that were intended to preserve the character of established residential neighborhoods in certain areas of the City. Primarily these regulations targeted bulk details including the height of new buildings. Back during that time period, Mt. Juliet was a much smaller town and Mt. Juliet Road was merely a two-lane highway. As time has passed, Mt. Juliet has blossomed, and nearly all of the older housing stock that once lined N. Mt. Juliet Road in the downtown area has now converted or will soon convert to commercial uses. In addition, N. MJ Road is now a bustling five-lane thoroughfare with heavy traffic, and many projects such as the Town Center and Town Center Station have developed on what were once vacant lots. Perhaps one of the most important catalysts that will spur growth and development in the future is the Music City Star rail station. There has been much interest generated by this rail station, and the latest inquiry has come from a local college that wishes to have a presence in downtown Mt. Juliet. They see the benefits of locating near a commuter rail line and want to use rail to market their facility. The current limitations of the Zoning Ordinance put a cap of 35 feet on new buildings. Staff is proposing that the new regulations place a cap of 50 feet on new buildings. The college, along with the developer, have proposed a new three-story building downtown that would be 42 feet tall. Under the current ordinance the project would not be possible, or would have to do considerable down-sizing to survive. Staff is also aware of a multifamily project being spearheaded by the RTA. Initial renderings have shown buildings that Attachment: ZoningAmend_Height_17_0309 (2807 : Height Regulations Zoning Ordinance Amendment) 4189 Packet Pg. 38

39 11.2.a 4189, continued Page 2 are 4 or 5 stories tall. Staff agrees that 5 stories is too tall for the area, but the 50-foot height would allow some 4-story buildings if the floors were designed properly. The proposed changes by staff as reflected in the Ordinance are outlined below. Staff agrees these changes are appropriate. Findings of Fact: In reviewing the amendment, staff finds that the proposed action meets the following Findings as required by Section of the Zoning Ordinance. 1. The amendment is in agreement with the general plan for the area. 2. It has been determined that the legal purposes for which zoning exists are not contravened. 3. It has been determined that there will be no adverse effect upon joining property owners, unless such effect can be justified by the overwhelming public good or welfare. 4. It has been determined that no property owner or small group of property owners will benefit materially from the change to the detriment of the general public. Recommendation: Staff recommends that the Regional Planning Commission forward a recommendation for approval of the proposed changes to the Board of Commissioners, as outlined below. 1) Section , Height Regulations, will be amended to read as follows: 1.Basic requirements. The maximum permitted height for buildings shall not, except as provided in [subpart] subsection 2, 3 or 3 4 of this [sub]section exceed the height set forth for the various commercial districts in table 6-103a. 3. Buildings in excess of 35 feet near the interstate. Buildings located within ½-mile of an existing or planned I-40 interchange, and zoned Commercial Interchange (CI) or Commercial Mixed Use (CMU) may exceed the 35 feet height limit as contained in table 6-103A as follows: A. In no case shall any building exceed a height of 70 feet or six stories, whichever is less; and B. This height exemption shall be for office, hotel, and multi-family uses only. 4. Buildings in excess of 35 feet near the Town Center (downtown area). Buildings located within ½-mile of the existing Music City Star rail station, and zoned commercial, may exceed the 35 feet height limit as contained in table 6-103A as follows: Attachment: ZoningAmend_Height_17_0309 (2807 : Height Regulations Zoning Ordinance Amendment) 4189 Packet Pg. 39

40 11.2.a 4189, continued Page 3 A. In no case shall any building exceed a height of 50 feet or four (4) stories, whichever is less; and B. This height exemption shall be for office, retail, educational and multi-family uses only. Attachment: ZoningAmend_Height_17_0309 (2807 : Height Regulations Zoning Ordinance Amendment) 4189 Packet Pg. 40

41 11.2.b ORDINANCE - AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY MODIFYING SECTION 6-103, BULK REGULATIONS WHEREAS, the Board of Commissioners seeks to improve the aesthetic character found throughout the commercial districts in the City, while managing the growth and development; and WHEREAS, the Planning Commission considered this request during their meeting of March 16, 2017 and recommended approval of the zoning amendment. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Mt. Juliet, Wilson County, Tennessee, while in regular session on, 2017 as follows: SECTION 1: Section , Height Regulations, will be amended to read as follows: 1.Basic requirements. The maximum permitted height for buildings shall not, except as provided in [subpart] subsection 2, 3 or 3 4 of this [sub]section exceed the height set forth for the various commercial districts in table 6-103a. 3. Buildings in excess of 35 feet near the interstate. Buildings located within ½-mile of an existing or planned I-40 interchange, and zoned Commercial Interchange (CI) or Commercial Mixed Use (CMU) may exceed the 35 feet height limit as contained in table 6-103A as follows: A. In no case shall any building exceed a height of 70 feet or six stories, whichever is less; and B. This height exemption shall be for office, hotel, and multi-family uses only. 4. Buildings in excess of 35 feet near the Town Center (downtown area). Buildings located within ½-mile of the existing Music City Star rail station, and zoned commercial, may exceed the 35 feet height limit as contained in table 6-103A as follows: Attachment: Amend Zoning Ordinance Bulk Regs Height restrictions (2807 : Height Regulations Zoning Ordinance Amendment) Packet Pg. 41

42 11.2.b A. In no case shall any building exceed a height of 50 feet or four (4) stories, whichever is less; and B. This height exemption shall be for office, retail, educational and multi-family uses only. SECTION 2: If any section, clause, provision, or portion of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, such holdings shall not affect any other section, clause, provision, or portion of this Ordinance. SECTION 3: PUBLIC HEARING - The zoning changes were the subject of a public hearing held on at 6:15 p.m. BE IT FURTHER ORDAINED In case of conflict between this ordinance or any part hereof, and the whole part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. If any section, clause, or provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, or provision or portion of this ordinance. This ordinance shall take effect on the earliest date allowed by law PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: Ed Hagerty, Mayor Kenny Martin, City Manager L. Gino Marchetti, Jr. City Attorney Attachment: Amend Zoning Ordinance Bulk Regs Height restrictions (2807 : Height Regulations Zoning Ordinance Amendment) Packet Pg. 42

43 Executive Summary Zoning Ordinance Amendment Section Bulk Regulations 11.2.c REQUEST: Approve an amendment to the Zoning Ordinance, Section 6-103, Bulk Regulations in regards to the current height restrictions on commercial buildings. WHO: WHAT: City of Mt. Juliet Staff has proposed a change to the Zoning ordinance that will increase the 35 height cap currently placed on commercial buildings and will increase the cap to a height of 50 feet on new commercial buildings. WHEN: First Reading April 10, 2017 Second Reading TBD WHERE: WHY: As permitted throughout the City of Mt. Juliet Zoning Ordinance. The request has been initiated by Staff following a review of the current requirements for commercial structures that lie within the Town Center or downtown area. STAFF RECOMMENDATION: Approve the proposed zoning amendment as recommended by the Regional Planning Commission during their March 16, 2017 meeting. PREPARED BY: Bo Logan, GIS Manager & Planning Director Attachment: ExecSummary ZA Bulk Regulations -Height (2807 : Height Regulations Zoning Ordinance Amendment) Packet Pg. 43

44 11.3.a M E M O R A N D U M Date: March 16, 2017 To: Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Zoning Ordinance Amendment Number of parking spaces required. Background: Recently concerns were expressed to staff regarding the required parking at locations around the City. Specifically, the uses associated with the category of Banking, Finance, Real Estate and Insurance were discussed, as was Transient Habitation (Hotels). This proposed amendment to the Zoning Ordinance is in response to those concerns. If approved, the amendment will reduce the amount of required parking at certain businesses and increase the amount of parking required at hotel sites. Analysis: As more of the population opts to conduct their financial business online from their home or office, the planning and development of large vehicular use areas around every new bank or insurance office is quickly becoming obsolete. In years past, it was necessary to have a large sea of asphalt around every new establishment to serve large amounts of customers, but increasingly these locations are seeing less and less foot traffic. This proposed amendment to the Zoning Ordinance, if approved, will reduce the amount of required parking at FIRE establishments from 1:200 to 1:300, or 1 space for every 300 square feet of office space. At the same time, the needs of hotel parking around the City have increased. This is especially due to the increased number of higher-end hotels that are choosing Mt. Juliet. In the past 2 years Courtyard Marriott, Staybridge Suites, Residence Inn and Hilton Garden Inn have shown interest in the City. These hotels are bringing with them restaurants, ballroom space, indoor pools and meeting space which is often rented by the public. That means these hotel visitors are not renting rooms and are not captured by the current parking standards which call for 1 space per hotel room. This proposed amendment to the Zoning Ordinance, if approved, will increase the amount of required parking at hotels from one (1) space for each unit in a building serving transient guests to one and one quarter (1.25) spaces for each unit in a building serving transient guests. The City s hotel ordinance requires a minimum of 100 guest rooms, so a typical hotel in Mt. Juliet would net 125 spaces instead of 100 under the new rule. Attachment: ZonAmend_Parking_17_0302 (2808 : Parking Regulations Zoning Ordinance Amendment) The proposed changes by staff as reflected in the Ordinance are outlined below. Staff believes these changes are appropriate Packet Pg. 44

45 11.3.a Findings of Fact: In reviewing the amendment, staff finds that the proposed action meets the following Findings as required by Section of the Zoning Ordinance. 1. The amendment is in agreement with the general plan for the area. 2. It has been determined that the legal purposes for which zoning exists are not contravened. 3. It has been determined that there will be no adverse effect upon joining property owners, unless such effect can be justified by the overwhelming public good or welfare. 4. It has been determined that no property owner or small group of property owners will benefit materially from the change to the detriment of the general public. Recommendation: Staff recommends that the Regional Planning Commission forward a recommendation for approval of the proposed changes to the Board of Commissioners Number of parking spaces required. 3. Commercial activities. a. Uses located on freestanding sites. The provisions of this subsection shall apply to uses which are located on individual lots of record where no parking is shared with any other use or activity. Activity Type Spaces Required (area in sq. ft.) (One parking space is required per unit of gross floor area indicated) i. Adult entertainment ii. One space per four permanent seats, plus one space for every 25 square feet of area where temporary seats are used. Animal care and veterinarian services 300 Attachment: ZonAmend_Parking_17_0302 (2808 : Parking Regulations Zoning Ordinance Amendment) Packet Pg. 45

46 11.3.a iii. Automotive and marine craft sales, service and repair 500 iv. v. xvii. Banking, financial, insurance and real estate services Convenience retail sales and services 150 Transient habitation One and one quarter (1.25) spaces for each unit in a building serving transient guests. Attachment: ZonAmend_Parking_17_0302 (2808 : Parking Regulations Zoning Ordinance Amendment) Packet Pg. 46

47 Executive Summary Zoning Ordinance Amendment Section Off-Street Required Parking Spaces 11.3.b REQUEST: Approve an amendment to the Zoning Ordinance, Section , required parking spaces, Banking, Finance, Real Estate, Insurance and Transient habitation, (hotels). WHO: WHAT: City of Mt. Juliet Staff has proposed a change to the Zoning Ordinance that will increase the required number of parking spaces at Transient Habitation (hotel) locations. The current ordinance calls for one (1) space per hotel room. The proposed amendment, if approved, will increase the amount of required parking from one (1) space per hotel room to (1.25) spaces for each hotel room. This would require a hotel with a minimum of 100 guest rooms, have an increase from 100 to 125 parking spaces. This amendment will also decrease the parking at Banking, Finance, real estate and insurance offices, due to the need has decreased for parking due to the use of online applications for these business types. WHEN: First Reading April 10, 2017 Second Reading TBD WHERE: WHY: As permitted throughout the City of Mt. Juliet Zoning Ordinance. The request has been initiated by Staff following recent concerns relating to parking at locations around the City. STAFF RECOMMENDATION: Approve the proposed zoning amendment as recommended by the Regional Planning Commission during their March 16, 2017 meeting. PREPARED BY: Bo Logan, GIS Manager & Planning Director Attachment: ExecSummary ZA Parking spaces (2808 : Parking Regulations Zoning Ordinance Amendment) Packet Pg. 47

48 11.3.c ORDINANCE - AN ORDINANCE AMENDING PART B OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF MT. JULIET, TENNESSEE, KNOWN AS THE ZONING REGULATIONS (ORDINANCE ), ADOPTED OCTOBER 8, 2001, AS AMENDED, BY MODIFYING SECTION , OFF- STREET PARKING SPACE REQUIREMENTS, WHEREAS, the Board of Commissioners seeks to improve the reduce the amount of required parking at certain businesses and increase the amount of parking required at hotel sites; and WHEREAS, the Planning Commission considered this request during their meeting of March 16, 2017 and recommended approval of the zoning amendment. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Mt. Juliet, Wilson County, Tennessee, while in regular session on, 2017 as follows: SECTION 1: Number of parking spaces required. 3. Commercial activities. a. Uses located on freestanding sites. The provisions of this subsection shall apply to uses which are located on individual lots of record where no parking is shared with any other use or activity. Activity Type (One parking space is required per unit of gross floor area indicated) i. Adult entertainment Spaces Required (area in sq. ft.) One space per four permanent seats, plus one space for every 25 square feet of area where temporary seats are used. Attachment: Amend Zoning Ordinance Parking (2808 : Parking Regulations Zoning Ordinance Amendment) Packet Pg. 48

49 11.3.c ii. Animal care and veterinarian services 300 iii. iv. v. xvii. Automotive and marine craft sales, service and repair 500 Banking, financial, insurance and real estate services Convenience retail sales and services 150 Transient habitation One and one quarter (1.25) spaces for each unit in a building serving transient guests. SECTION 2: All references to parking at commercial complexes will be removed from the Mt. Juliet Zoning Ordinance. SECTION 3: If any section, clause, provision, or portion of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, such holdings shall not affect any other section, clause, provision, or portion of this Ordinance. SECTION 4: PUBLIC HEARING - The zoning changes were the subject of a public hearing held on at 6:15 p.m. BE IT FURTHER ORDAINED In case of conflict between this ordinance or any part hereof, and the whole part of any existing ordinance of the City, the conflicting ordinance is repealed to the extent of the conflict but no further. If any section, clause, or provision or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, or provision or portion of this ordinance. Attachment: Amend Zoning Ordinance Parking (2808 : Parking Regulations Zoning Ordinance Amendment) This ordinance shall take effect on the earliest date allowed by law Packet Pg. 49

50 11.3.c PASSED: FIRST READING: SECOND READING: ATTEST: Sheila S. Luckett, MMC City Recorder APPROVED AS TO FORM: Ed Hagerty, Mayor Kenny Martin, City Manager L. Gino Marchetti, Jr. City Attorney Attachment: Amend Zoning Ordinance Parking (2808 : Parking Regulations Zoning Ordinance Amendment) Packet Pg. 50

51 11.4.a Date: March 16, 2017 To: M E M O R A N D U M Luke Winchester, Chairman and Planning Commission From: Bo Logan, Planning Director Re: Sign Ordinance Amendment Staff has proposed a change to the Sign Ordinance that will eliminate all pole signs at the City s interstate interchanges including Mt. Juliet Road, Beckwith Road and all future interchanges. Generally, these signs are allowed a maximum height of 75 feet if they are located within 1,000 feet of the Interstate 40 overpass. This measure will eliminate all future signs of this type. Existing pole signs will still be allowed to be re-faced such as was completed by Davita Dialysis in the former Ruby Tuesday restaurant building, but no new pole signs will be allowed. The revisions are necessary to improve the aesthetics of our City and will go a long way in helping to reduce clutter. All references to the interstate radius of 1,000 feet in TABLE FREESTANDING SIGNS-Commercial Districts Other Than CNS, and any references to special heights allowed for interstate signs will be deleted. Further revisions will affect Sections , Calculations-measurement standards, and , Design, construction and maintenance of signs, as shown below. The language highlighted in yellow will be removed Calculations-measurement standards. (c) Computation of height. Sign height is measured from the average level of the grade below the sign to the topmost point of the sign structure. Average grade shall be the lower of existing grade prior to construction or newly established grade after construction. Any [berming], filling, or excavating solely for the purpose of locating the sign, shall be computed as part of the sign height. For commercial interstate within the 1,000-foot interstate radius, the height of the sign shall be calculated from the grade of the road bed of the interstate. Attachment: Staff Report Sign_Ordinance_Amdmt_Interstate_17_0309 (2817 : Sign Ordinance Amendment Zoning Ordinance Amendment) 4187.docx Packet Pg. 51