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Board of Zoning Appeals

Regular Meeting

Cookeville, TN · February 9, 2023

AgendaMinutes

Minutes

Board of Zoning Appeals Minutes February 9th, 2023 The Board of Zoning Appeals met on Thursday, February 9th, 2023, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, James Dial, Michael Detwiler & Connie McCormick. Members Absent: Elwood Ervin. Staff Present: Haley Dickson, Jon Ward & Christopher Phillips. Staff Absent: Ken Young & James Mills. Others Present: Larry Dunn, Amber Greenwood, Ken Knuckles, Jason Blattenburg, Cecil Essex, Millie Tyznik, David Burnett, Debbie Dunn Winningham, Chris Winningham, Lindsay Pride & Betsy Scarisbrick. Consider for Approval the Agenda as Submitted. Michael Detwiler 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 January 12th, 2023. Connie McCormick made the motion to approve the minutes of January 12th, 2023 as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. Approved. Consider a request for a variance to maximum sign height requirement from 100 feet to 120 feet for a total variance of 20 feet for a sign within 750 feet of Interstate 40 right-of- way, and a variance to the maximum sign height of 35 feet to 50 feet for a variance of 15 feet, and the maximum signage area from 500 square feet to 725 square feet for a total variance of 225 square feet for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. Mr. Jon Ward stated that Mr. Ken Knuckles of Development Management Group, LLC has submitted for approval a variance request to the maximum sign height requirement from 100 feet to 120 feet for a total variance of 20 feet for a sign within 750 feet of Interstate 40 Right-of-Way, a variance request to the maximum sign height of 35 feet to 50 feet for a total variance of 15 feet for a sign located with the CR, “Regional Commercial” District, and a variance request to the maximum signage area from 500 square feet to 725 square feet for a total variance of 225 square feet for property located at 1100 South Willow Avenue. The variances were submitted for signage for a new commercial development. Analysis: The subject property is identified as Parcel 001.01 on Tax Map 053C, Group A, and contains approximately 39.72 acres. The property is zoned CR, “Regional Commercial” with a portion of the property along the eastern boundary zoned as CG, “General Commercial”. The site is bordered by CG, “General Commercial” on the east, north, and west. The property is bordered by RM-14, “Multi-Family Residential” to the south. The property is currently vacant. The subject property was rezoned from CG, “General Commercial” to CR, “Regional Commercial” by Ordinance #O220406 in May 2022. The rezoning was requested due to the size of the development proposed for the property. The CG District restricts individual development to 120,000 square feet. Mr. Knuckles has submitted drawings depicting three proposed signs for a proposed new commercial development. The first sign is a hi-rise sign that will provide visibility from Interstate 40. The Zoning Code restricts hi-rise signage to 100 feet in height. The CR District Board of Zoning Appeals February 9th, 2023 Minutes restricts all signs to a maximum height of 35 feet. The proposed sign is 120 feet tall. Section 207.6D.12 notes that the maximum height for on-premise freestanding signs for any parcel located within 750 feet of the closest right-of-way of Intestate 40 within the CG, CI, LM, or HM Districts shall be 100 feet from street level at a point nearest the sign. The Planning Division acknowledges that signs over 35 feet in height are not permitted within the CR District, but hi-rise signs have been erected within the CR District in areas such as Sam’s Club. The subject property was rezoned due to the size of the development proposed. The proposed development would have been permitted within the CG District if the total square footage had been under 120,000 square feet. The rezoning action also changed signage height requirements. Current GIS Data shows the elevation of the Interstate 40 right-of-way as 1,060 feet. The proposed hi-rise sign is shown at an elevation of 1,057 feet. This would reduce the requested variance to 17 feet. A variance of 17 feet would constitute a 17 percent (17%) variance in the maximum 100 feet allowance. The second proposed sign for the development is a monument sign that will be located near the proposed entrance to the development from South Willow Avenue. The monument sign will provide sign area for all proposed tenants within the development. The sign is proposed as 50 feet in height. The CR District restricts signs to a maximum of 35 feet from street level. The CG District permits a freestanding sign height of 50 feet. The submitted Grading Plan shows the proposed sign at an elevation of approximately 1068 feet, and the grade for South Willow Avenue is shown as approximately 1074 feet. This would allow for a sign to be constructed at 41 feet in height. The requested variance would then be for a total of nine (9) feet. A variance of nine (9) feet would constitute a 26 percent (26%) variance in the maximum 35 feet height allowance. The third sign proposed is a fifteen-foot-tall monument sign located by the proposed entrance on Green Gate Lane. This sign is compliant with height requirements of the Zoning Code. An additional variance request pertains to the combined total square footage of all signs being proposed for the development. Section 207.6C of the Zoning Code includes “Each commercial and industrial premise with greater than 400 feet of frontage on any one (1) public street, regardless of the number of commercial or industrial establishments on such premise, shall be allowed two (2) on-premise freestanding business sign structures per public street frontage, but in no case shall more than three (3) freestanding sign structures be permitted on any premise regardless of the number of street frontages.” The proposed development has over 4,000 linear feet of street frontage on three (3) public streets (South Willow Avenue, Green Gate Lane, and Interstate 40), which permits three (3) freestanding signs. Section 207.6D.4 states that in cases where a commercial or industrial premise is allowed three (3) freestanding signs, “the aggregate sign face area of all signs shall not exceed 500 square feet.” The total square footage proposed for all three signs totals 725 square feet. The proposed hi-rise sign will only include the anchor tenant for the development. The proposed monument signage for the development is for multiple tenants. One is located on South Willow Avenue, and one on Green Gate Lane. A variance of 225 square feet would constitute a 45 percent (45%) variance in the maximum 500 square feet allowance. The sign height of the monument sign is consistent with the allowed height in the CG, General Commercial District. The request to increase the height of the hi-rise sign is due to topography Board of Zoning Appeals February 9th, 2023 Minutes and to improve visibility from Interstate 40. Vegetation in the median of I-40 does obstruct visibility from the west-bound lane of I-40. The development has a considerable amount of street frontage (over 4,000 linear feet), with the proposed sign depicting up to eight (8) retail establishments to be sited within the development. While the hi-rise sign does count toward total square footage, this only includes the anchor tenant. The signage on Green Gate Lane will be less visible as this street is not a through street. The street primarily provides access to the Miracle Road and the River Church and will provide secondary access to the proposed commercial development. The Planning Department is researching potential changes to the sign code that would address some variations in hi-rise signs and freestanding sign heights of sign code requirements in the CG and CR Zoning Districts. In the opinion of the Planning Division, the requested variances proposed to the sign height and total square footage of sign face area would not be detrimental to the public welfare or injurious to other property in the area. Recommendation: Approval of the request Chairman James Dial asked how far the proposed sign on Willow Avenue sit off of the street. Mr. Jon Ward stated that the signage will follow the required setbacks at the right-of-way. Mr. Michael Detwiler reiterated that the proposed hi-rise sign will be to the left of the current billboard on the property so when someone is approaching Willow Avenue from the Interstate- 40, the proposed sign will be to the right of the current billboard. Mr. Ken Knuckles, petitioner, stated that they are proposing a very large retail and restaurant space with a number of smaller tenants around the large retailer. He stated that it is important to the anchor tenant to have a presence visible from I-40. Mr. Knuckles stated that the requested additional 20 feet will help with visibility. He stated that the second sign monument is the first opportunity to present signage to the main property on South Willow Avenue to maximize the area and offerings to tenants and that the third sign will be used as a marker for entrances. Mr. Cecil Essex, of 755 Green Gate Lane, stated that his property is right behind the development and is the only house on Green Gate Lane. He stated that he is not opposed to the property being developed nor has any issues with the signage. Mr. Essex stated his only concern with the development is with the run-off water from Hudgens Creek, which is already overworked. He asked what the plan is for water retention. Mr. Ward stated that the request is of signage. He stated that the city hasn’t received a site plan and those issues would be addressed on the plan. He stated that the city has stringent rules for stormwater retention and Green Gate Lane would be improved for commercial development. Mr. Knuckles stated that the development plan is to accommodate Green Gate Lane to handle the traffic. The area behind the retailer will be the location of two large retention bases. He stated that they have looked at the impacts on the visibility of the cross and doesn’t believe there would be any. Mr. Jason Blattenburg, of 110 Breen Lane, stated that Hudgens Creek goes through his property and that water retention has gotten worse over the last few years. Board of Zoning Appeals February 9th, 2023 Minutes Mr. Knuckles stated that the property was developed a long time ago and water is not currently being retained. It is proposed to have stormwater go to one area on site according to city standards. Mrs. Nancy Bohannon added an addendum to the motion to not have the sign impede on the cross. Mr. Knuckles stated that they will do more diligence work. Michael Detwiler made the motion to approve the request as recommended by staff. Nancy Bohannon seconded the motion and the motion carried unanimously. Approved. Consider a request for a variance to the Parking Area landscape design requirements to allow for an adjustment to the interior parking islands for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. Mr. Jon Ward stated that Mr. Ken Knuckles of Development Management Group, LLC has submitted for approval a variance request to the parking area landscaping design requirements to allow for an adjustment to the interior parking islands for property located at 1100 South Willow Avenue. The variance was submitted to address the parking area of a new commercial development. Analysis: The subject property is identified as Parcel 001.01 on Tax Map 053C, Group A, and contains approximately 39.72 acres. The property is zoned CR, “Regional Commercial” with a portion of the property along the eastern boundary zoned as CG, “General Commercial”. The parcel is bordered by CG, “General Commercial” on the east, north, and west. The property is bordered by RM-14, “Multi-Family Residential” to the south. The property is currently vacant. Mr. Knuckles has submitted a site plan depicting three (3) proposed landscape central islands located within the parking lot area of the development. Each landscape island is approximately 1,290 square feet. The proposed islands are also being used as bioretention areas for the development. Section 205.7E of the Cookeville Zoning Code states, “Off-street parking areas containing 24 or more parking spaces shall be subdivided into sub-lots containing not more than 24 parking spaces separated by landscape strips meeting the requirements of Section 208.5B of this Zoning Code.” The proposed parking lot would require a total of 13 parking spaces be used for landscape strips. Landscape strips are required to be a minimum of eight (8) feet in width. According to the petitioner, this would allow for 2,173 square feet of landscaped area to be included within the parking area. The current landscape islands proposed for the development cover approximately 24 total parking spaces and, as indicated by the petitioner, total approximately 3,869 square feet of landscaped area. These islands also serve the development as bioretention areas. The overall area dedicated to landscape in the parking lot as proposed would exceed our requirements. In the opinion of the Planning Division, the proposed variance to the parking lot landscape islands will not be detrimental to the public welfare or injurious to other property in the area. Recommendation: Approval of the request Chairman Dial asked about the landscaping on the perimeter of the property. Board of Zoning Appeals February 9th, 2023 Minutes Mr. Knuckles stated that the developer fully intends to meet exterior landscaping of the property. No reduction in landscaping requirements. Mr. Detwiler asked if the landscaping request is at the retailer’s request. Mr. Knuckles stated that the request was not necessarily done by the retailer but is just how the property had to be engineered. Connie McCormick made the motion to approve the request as recommended by staff. Nancy Bohannon seconded the motion and the motion carried unanimously. Approved. Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton. This item was postponed at the January 12, 2023 meeting. The petitioner has requested this item be postponed, to be rescheduled. Mr. Jon Ward stated that this item was postponed at the January 12, 2023 meeting. The petitioner has requested this item by postponed, to be rescheduled. Connie McCormick made the motion to postpone the request. Michael Detwiler seconded the motion and the motion carried unanimously. Approved. Adjournment: 5:31 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals

Agenda

Board of Zoning Appeals February 9th, 2023 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of January 12th, 2023. (3) Consider a request for a variance to maximum sign height requirement from 100 feet to 120 feet for a total variance of 20 feet for a sign within 750 feet of Interstate 40 right-of-way, and a variance to the maximum sign height of 35 feet to 50 feet for a variance of 15 feet, and the maximum signage area from 500 square feet to 725 square feet for a total variance of 225 square feet for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. (4) Consider a request for a variance to the Parking Area landscape design requirements to allow for an adjustment to the interior parking islands for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. (5) Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton. This item was postponed at the January 12, 2023 meeting. The petitioner has requested this item be postponed, to be rescheduled. January 12th, 2023 Minutes Board of Zoning Appeals Minutes January 12th, 2023 The Board of Zoning Appeals met on Thursday, January 12th, 2023, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, James Dial, Michael Detwiler & Connie McCormick. Members Absent: Elwood Ervin. Staff Present: Haley Dickson, Jon Ward & Christopher Phillips. Staff Absent: Ken Young & James Mills. Others Present: Consider for Approval the Agenda as Submitted. Connie McCormick made the motion to approve the agenda as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. Approved. Consider for Approval the Minutes of November 10th, 2022. Michael Detwiler made the motion to approve the minutes of November 10th, 2022, as submitted. Nancy Bohannon seconded the motion and the motion carried unanimously. Approved. Consider a request for a variance to reduce the rear yard setback from 20 feet to 13 and ½ feet for a total variance of six (6) and ½ feet for property located at 530 Cottage Way (Tax Map 052- O, Group E, Parcel 038.00). Request submitted by Mr. Allen Elhert. Mr. Christopher Phillips stated that property owner, Mr. Allen Elhert, has submitted for approval a variance request to reduce the rear yard setback from 20 feet to 13 and ½ feet for a total variance of 6 and ½ feet for his property located at 530 Cottage Way. The request was submitted to allow for the construction of an attached screened in porch. Analysis: The subject property is identified as Parcel 038.00 on Tax Map 052O, Group E, and contains approximately 0.25 acres. The property is zoned RS-10, “Single-Family Residential” as are the adjacent properties to the north, west, and south. The property is bordered by RS-20, “Single-Family Residential” to the east. An existing single-family dwelling unit is located on the subject property. Mr. Elhert has submitted a site plan depicting a screened in porch addition to the existing structure. The RS-10 District has a 20-foot rear yard setback requirement. The proposed addition encroaches into the rear yard setback requirement by approximately six (6) and ½ feet. The requested variance not to exceed a six (6) and ½ feet reduction in the 20-foot rear yard setback requirement represents a total variance of 32.5%. Section 233.9D, Section 3 Variances, states that granting a variance requires the following criteria to be met: I. The particular physical surroundings, shape, or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Zoning Code were carried out. In the opinion of the Planning Department, no apparent hardship is present on the subject property to warrant a variance. No topographic constraints or other natural factors constraints are present on the property. Recommendation: Denial of the request for a variance. Board of Zoning Appeals January 12th, 2023 Minutes Mr. Elhert showed powerpoint he submitted to the Planning Department. Chairman James Dial stated that Mr. Elhert’s presentation was good but unfortunately shows no hardship and agrees with the Planning Department’s recommendation to deny the request. Mr. Jon Ward stated that the Planning Department can’t support request but ultimately it is board’s decision. Michael Detwiler made the motion to deny the request as recommended by staff. Connie McCormick seconded the motion and the motion carried unanimously. Denied. Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton. The petitioner has requested to postpone this item until the February 9th meeting. Connie McCormick made the motion to postpone the request until the February 9th Board of Zoning Appeals meeting. Michael Detwiler seconded the motion and the motion carried unanimously. Approved. Adjournment: 5:31 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals Item 3 Consider a request for a variance to maximum sign height requirement from 100 feet to 120 feet for a total variance of 20 feet for a sign within 750 feet of Interstate 40 right-of-way, and a variance to the maximum sign height of 35 feet to 50 feet for a variance of 15 feet, and the maximum signage area from 500 square feet to 725 square feet for a total variance of 225 square feet for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2nd Thursday of each month. Applications must be submitted to the Planning Department no later than 12:00 p.m. on the third Monday of the month prior to the meeting. In most cases, it will be necessary to submit additional materials (photos, example, sketch, floor plan, survey, etc.) to help explain the request. This information must accompany this application. A fee of $50.00 for each Special Exception and Administrative Review request, and a fee of $200.00 for each Variance request shall also be submitted with this application. ************************************************************************************* 1100 South Willow Avenue @ I-40 Location of Property: ___________________________________________________________________ 065-098.00 Tax Map Identification Number: __________________________ CR (Regional Commercial) Zone: _____________________ Property Owner Person Making Request CHM, LLC (Purchaser) Name: ____________________________ Ken Knuckles Name: _______________________________ 2021 21st Avenue - Suite 202 Address: __________________________ 4209 Gallatin Pike Address: ______________________________ Nashville, TN 37212 _________________________________ Nashville, TN 37216 ____________________________________ (City, State, Zip) (City, State, Zip) mmcguffin@chmllc.com Email: ___________________________ kknuckles@dmgnashville.com Email: ______________________________ (615)651-8376 Phone: ___________________________ (615)227-5863 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): See attached cover letter describing the two (2) requested variances. ************************************************************************************* 01-19-2023 Date Filed: ___________________ Yes Fee Paid: ______________ $400.00 Amount: __________________ February 9th, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________ '\ January 16,2023 Jon Ward City of Cookeville Planning & Zoning 45 East Broad Street Cookeville, TN 38501 (931) 520-5238 DEVETOPMENT MANACEMENT CROUP, LLC RE: Variance Requests for Proposed Commercial Genter 1100 South Willow Avenue @ Green Gate Lane Gookeville, TN Dear Jon, 0n behalf of the developer, CHM Cookeville, LLC, I am providing you with the materials listed below to supplement our request for placement on the Board of Zoning Appeals agenda for the 02109123 meeting. As previously discussed, we are hoping to secure board approval to permit deviations from the ordinances described below. The subject site is located at 1100 South Willow Avenue, at the northeast corner of South Willow and Green Gate Lane. The property is bounded to the north by lnterstate 40. The property is zoned 'CR' Regional Commercial. The project proposes to redevelop the now vacant property as a multitenant commercial center that currently anticipates two (2) multi-tenant buildings totaling approximately 260,000 SF of new retail & restaurant space in addition to all site-related improvements. The variances that are being requested regard allowable site signage, and placement of the interior landscape islands, specifically planned on the Anchor Tenant Parcel. The requests are further described as follows: VARIANCE #1 (Signage) Maximum Allowable Sign Height: Per the requirements noted under Section 207.6C of the zoning ordinance, this project is entitled to three (3) ground signs which are being proposed for this project. One (1) hi-rise pole sign along l-40 at120'i one (1) 50' monument sign near the South Willow entrance; and one (1) smaller monument sign at 16' at an entrance along Green Gate. While the two (2) monument signs complywith the 50'maximum height noted in Section 207.6D.12,the hi-rise pole sign proposed along l-40 is noted to be 120'tall which exceeds the 100' maximum in the ordinance. The applicant is requesting a variance to allow an additional 20' of height to the hi-rise sign to further improve visibility from both directions of 1.40. A site plan and sign elevation exhibits have been provided with this application. Maximum Allowable Sign Area: As noted above, the zoning ordinance allows the three (3) ground signs as proposed; however, Section 207.6D.4limits the cumulative total for all ground signs to 500 SF. The cumulative area of the three (3) signs, as currently proposed, is725 SF which includes: 1. 120' Hi-Rise (Anchor Tenant Only) = 200 SF 2. 50' Monument (Multi-Tenant) = 4gg 5t 3. 16' Monument (Multi-Tenant) = '125 55 4209 Callatin Pike I Nashville, TN )7216 | Phone (61!) 227-5561 | www.dmgnashville.com The applicant is requesting a variance to allow an increase of 225 SF to the cumulative allowance of 500 SF related to ground signage. Due to the size of the center, the amount of leasable area and number of tenants planned, the additional area requested will better allow the developer to offer visible signage along the surrounding streets to a larger percentage of their tenants. Also, its worth noting again that the Anchor Tenant will have exclusive placement on the interstate sign, so any other sign area that can be offered to the other tenants will have to be maximized via the monument signs. VARIANGE #2 (Parking Lot Landscape lslands) Placement of lnterior Parking lslands: Section 205.7E.1 requires that no more than 24 parking spaces are permitted in a row without providing a landscape strip as defined in Section 205.58.1. The Site Plan exhibit provided with this application shows that all areas of the development comply with this section of the ordinance, with exception to the parking field at the front of the Anchor Tenant building. The exhibit shows (in blue) where the islands would need to be placed to comply with this requirement. This would include adding islands at 13 of the planned parking spaces with a cumulative area of 2,173 SF. What the exhibit also shows (in green) is where the applicant is proposing to create islands, The locations of the islands are dictated by how the site will be graded such that those islands may be used for bio- retention areas. The number of spaces required to create the larger islands is 24 which provides a total area of 3,869 SF. Therefore, the landscaped areas currently proposed exceeds what is required per ordinance. The applicant is requesting a variance to permit an adjustment to the locations of the interior islands to facilitate their use as bio-retention basins. As noted, their locations are dictated by proposed site grading and drainage. ln addition to this letter, we are providing you with the following information: . (1) Application for BZA Request . (1) Check for $400 ($200 /Variance Request) . (6) Color Copies of Ground Sign Exhibits (8.5X11) . (6) BZA Site Plan Exhibit for Signage (11X17) . (6) BZA Site Plan Exhibit for Landscape lslands (11X17) All of the above materials have also been emailed to you this date so that you may have an electronic set for your use. Please review the information provided and let me know if you have any questions or need further information to get our request placed on the 02109123 BZA agenda. Thanks for your continued assistance, Jon. DEVELOPMENT MANAGEMENT GROUP, LLC Ke Vi 4209 Gallatin Pike I Nashville, TN )7216 | Phone (61) 227-5551 | www.dmgnashville.com Item 4 Consider a request for a variance to the Parking Area landscape design requirements to allow for an adjustment to the interior parking islands for property located at 1100 South Willow Avenue (Tax Map 065, Parcel 098.00). Request submitted by Ken Knuckles of Development Management Group, LLC. APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2nd Thursday of each month. Applications must be submitted to the Planning Department no later than 12:00 p.m. on the third Monday of the month prior to the meeting. In most cases, it will be necessary to submit additional materials (photos, example, sketch, floor plan, survey, etc.) to help explain the request. This information must accompany this application. A fee of $50.00 for each Special Exception and Administrative Review request, and a fee of $200.00 for each Variance request shall also be submitted with this application. ************************************************************************************* 1100 South Willow Avenue @ I-40 Location of Property: ___________________________________________________________________ 065-098.00 Tax Map Identification Number: __________________________ CR (Regional Commercial) Zone: _____________________ Property Owner Person Making Request CHM, LLC (Purchaser) Name: ____________________________ Ken Knuckles Name: _______________________________ 2021 21st Avenue - Suite 202 Address: __________________________ 4209 Gallatin Pike Address: ______________________________ Nashville, TN 37212 _________________________________ Nashville, TN 37216 ____________________________________ (City, State, Zip) (City, State, Zip) mmcguffin@chmllc.com Email: ___________________________ kknuckles@dmgnashville.com Email: ______________________________ (615)651-8376 Phone: ___________________________ (615)227-5863 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): See attached cover letter describing the two (2) requested variances. ************************************************************************************* 01-19-2023 Date Filed: ___________________ Yes Fee Paid: ______________ $400.00 Amount: __________________ February 9th, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________ '\ January 16,2023 Jon Ward City of Cookeville Planning & Zoning 45 East Broad Street Cookeville, TN 38501 (931) 520-5238 DEVETOPMENT MANACEMENT CROUP, LLC RE: Variance Requests for Proposed Commercial Genter 1100 South Willow Avenue @ Green Gate Lane Gookeville, TN Dear Jon, 0n behalf of the developer, CHM Cookeville, LLC, I am providing you with the materials listed below to supplement our request for placement on the Board of Zoning Appeals agenda for the 02109123 meeting. As previously discussed, we are hoping to secure board approval to permit deviations from the ordinances described below. The subject site is located at 1100 South Willow Avenue, at the northeast corner of South Willow and Green Gate Lane. The property is bounded to the north by lnterstate 40. The property is zoned 'CR' Regional Commercial. The project proposes to redevelop the now vacant property as a multitenant commercial center that currently anticipates two (2) multi-tenant buildings totaling approximately 260,000 SF of new retail & restaurant space in addition to all site-related improvements. The variances that are being requested regard allowable site signage, and placement of the interior landscape islands, specifically planned on the Anchor Tenant Parcel. The requests are further described as follows: VARIANCE #1 (Signage) Maximum Allowable Sign Height: Per the requirements noted under Section 207.6C of the zoning ordinance, this project is entitled to three (3) ground signs which are being proposed for this project. One (1) hi-rise pole sign along l-40 at120'i one (1) 50' monument sign near the South Willow entrance; and one (1) smaller monument sign at 16' at an entrance along Green Gate. While the two (2) monument signs complywith the 50'maximum height noted in Section 207.6D.12,the hi-rise pole sign proposed along l-40 is noted to be 120'tall which exceeds the 100' maximum in the ordinance. The applicant is requesting a variance to allow an additional 20' of height to the hi-rise sign to further improve visibility from both directions of 1.40. A site plan and sign elevation exhibits have been provided with this application. Maximum Allowable Sign Area: As noted above, the zoning ordinance allows the three (3) ground signs as proposed; however, Section 207.6D.4limits the cumulative total for all ground signs to 500 SF. The cumulative area of the three (3) signs, as currently proposed, is725 SF which includes: 1. 120' Hi-Rise (Anchor Tenant Only) = 200 SF 2. 50' Monument (Multi-Tenant) = 4gg 5t 3. 16' Monument (Multi-Tenant) = '125 55 4209 Callatin Pike I Nashville, TN )7216 | Phone (61!) 227-5561 | www.dmgnashville.com The applicant is requesting a variance to allow an increase of 225 SF to the cumulative allowance of 500 SF related to ground signage. Due to the size of the center, the amount of leasable area and number of tenants planned, the additional area requested will better allow the developer to offer visible signage along the surrounding streets to a larger percentage of their tenants. Also, its worth noting again that the Anchor Tenant will have exclusive placement on the interstate sign, so any other sign area that can be offered to the other tenants will have to be maximized via the monument signs. VARIANGE #2 (Parking Lot Landscape lslands) Placement of lnterior Parking lslands: Section 205.7E.1 requires that no more than 24 parking spaces are permitted in a row without providing a landscape strip as defined in Section 205.58.1. The Site Plan exhibit provided with this application shows that all areas of the development comply with this section of the ordinance, with exception to the parking field at the front of the Anchor Tenant building. The exhibit shows (in blue) where the islands would need to be placed to comply with this requirement. This would include adding islands at 13 of the planned parking spaces with a cumulative area of 2,173 SF. What the exhibit also shows (in green) is where the applicant is proposing to create islands, The locations of the islands are dictated by how the site will be graded such that those islands may be used for bio- retention areas. The number of spaces required to create the larger islands is 24 which provides a total area of 3,869 SF. Therefore, the landscaped areas currently proposed exceeds what is required per ordinance. The applicant is requesting a variance to permit an adjustment to the locations of the interior islands to facilitate their use as bio-retention basins. As noted, their locations are dictated by proposed site grading and drainage. ln addition to this letter, we are providing you with the following information: . (1) Application for BZA Request . (1) Check for $400 ($200 /Variance Request) . (6) Color Copies of Ground Sign Exhibits (8.5X11) . (6) BZA Site Plan Exhibit for Signage (11X17) . (6) BZA Site Plan Exhibit for Landscape lslands (11X17) All of the above materials have also been emailed to you this date so that you may have an electronic set for your use. Please review the information provided and let me know if you have any questions or need further information to get our request placed on the 02109123 BZA agenda. Thanks for your continued assistance, Jon. DEVELOPMENT MANAGEMENT GROUP, LLC Ke Vi 4209 Gallatin Pike I Nashville, TN )7216 | Phone (61) 227-5551 | www.dmgnashville.com Item 5 Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton. This item was postponed at the January 12, 2023 meeting. The petitioner has requested this item be postponed, to be rescheduled.

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