Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES NOVEMBER 9, 2017 The Board of Zoning Appeals met on Thursday, November 9, 2017, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, Sid Gilbreath, and Nancy Bohannon. MEMBER ABSENT: Jane Flatt. STAFF PRESENT: James Mills, Jayne Barns, and Jon Ward. STAFF ABSENT: Ken Young. OTHERS PRESENT: Mike Dyer, John & Bethany Mack, and Connie Mitchell. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. James Dial made the motion to approve the agenda as submitted. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 12, 2017. James Dial made the motion to approve the minutes of October 12, 2017. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A HOSPICE RESIDENCE HOME/ASSISTED LIVING FACILITY ON THE PROPERTY LOCATED AT 570 STATE STREET. REQUEST SUBMITTED BY CONNIE MITCHELL. James Mills stated that Ms. Connie Mitchell has submitted a request for a special exception to allow the conversion of a hospice residence home to a hospice residence home/assisted living facility at her property located in the RS-10, Single Family Residential District, at 570 State Street. The subject property is identified as Parcel 2.04 on Tax Map 53 and consists of 1.00 acre surveyed or 43,560 square feet. The parcel was created as a part of the Upper Cumberland Christian Home Division, which was approved and recorded in 2007. It is contiguous with properties zoned as RS-10 to the north, east and south and as RM-8 to the west. The Upper Cumberland Christian Home, a 33 unit senior housing complex, is adjacent to the west of the property. The Mitchells purchased the property from Upper Cumberland Christian Home, Inc. in 2007. Upper Cumberland Christian Home, Inc. purchased the property from Satellite Homes, Inc. in 2004. The property was originally developed by Satellite Homes, Inc. in around 1982 as a group home for approximately eight (8) residents. When the property was purchased by the Mitchells they converted the structure to a single family dwelling with separate living quarters for their parents. BOARD OF ZONING APPEALS 2 NOVEMBER 9, 2017 In November of 2012 the Board of Zoning Appeals approved a special exception request from Ms. Mitchell to convert the dwelling to a hospice residence home. Earlier this year the Cookeville Zoning Code was amended to establish provisions within the RS-10 and other districts allowing hospice residence homes/assisted living facilities as a use permitted on appeal (special exception) subject to specific conditions. These conditions are as follows: 212.4D Hospice Residence Home/Assisted Living Facility meeting the following conditions: 1. Minimum lot area of 40,000 square feet shall be provided for such facility 2. Maximum of fifteen (15) residents shall reside at the facility 3. Maximum of ten (10) residents shall be classified as assisted living residents and a minimum of five (5) rooms shall, at all times, be available for residents in need of hospice care 4. Minimum of one (1) off-street parking space per maximum number of residents and employees shall be provided at the facility 5. No freestanding signs shall be permitted 6. Shall be located on property contiguous with property zoned for multi- family residential purposes and shall be accessed from the same street as the contiguous property zoned for multi-family residential purposes 7. Structure shall be compatible with nearby residential structures in terms of scale and appearance 8. Site plan and floor plan shall be submitted to and approved by the Board of Zoning Appeals 9. Type 2 Screen/Buffer Yards as specified in section 208 of this Zoning Code shall be provided along all property lines abutting property zoned or used for single or two-family residential purposes 10. All requirements of the State of Tennessee that pertain to the use and operation of the facility shall be met A site and floor plan depicting the proposed utilization of the structure as a hospice residence home/assisted living facility has been submitted. It depicts a total of 10 bedrooms. Based on the specified conditions five (5) of these bedrooms must, at all times, be available for hospice care. The plan depicts compliance with the occupancy, signage, parking and screening requirements. The site exceeds the minimum lot area requirement and exterior facade of the residential structure would not be altered. Also as noted the site is contiguous with property zoned for multi-family residential purposes and is accessed from the same street as the contiguous property zoned for multi-family residential purposes. In the opinion of the Planning Department all established conditions can be met and the property appears to particularly suitable for the proposed use. Staff recommended approval of the request, subject to compliance with all applicable provisions of the Zoning Code BOARD OF ZONING APPEALS 3 NOVEMBER 9, 2017 Connie Mitchell stated that hospice by itself was not fully sustainable and that is why she wanted to add assisted living. Ms. Mitchell added that will not have full time nursing staff at their facility. Nancy Bohannon asked Ms. Mitchell if the rooms would be separated for hospice and assisted living. Connie Mitchell replied that the rooms would not be separated. James Mills reiterated that the Hospice Residence Home/Assisted Living Facility can only have a maximum of fifteen (15) residents reside at the facility and a maximum of ten (10) residents may be classified as assisted living residents and a minimum of five (5) rooms shall, at all times, be available for residents in need of hospice care. The facility also has to meet all the other requirements as specified by the Zoning Code. Elwood Ervin made the motion to approve the special exception to allow a hospice residence home/assisted living facility on the property located at 570 State Street, subject to staff’s recommendation. James Dial seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION TO ALLOW A HOSPICE RESIDENCE HOME/ASSISTED LIVING FACILITY. ADJOURNMENT: 5:35 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS