Historic Zoning Commission

COOKEVILLE HISTORIC ZONING COMMISSION MINUTES MAY 11, 2004 5:30 P.M. The Cookeville Historical Commission met on Tuesday, May 11, 2004, at 5:30 p.m. in the Council Chambers, 45 East Broad Street, Cookeville, TN 38501. MEMBERS PRESENT: Don Prince, Calvin Dickinson, Greg Stamps, Alma Anderson, and Mary Jean Delozier. STAFF PRESENT: James Mills, Jayne Barns and Jeff Fitzpatrick. OTHERS PRESENT: Jessica Neary. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Calvin Dickinson made the motion to elect Don Prince as Chairman. Alma Anderson seconded the motion and the motion carried unanimously. CHAIRMAN: DON PRINCE. Mary Jean Delozier made the motion to elect Greg Stamps as Vice-Chairman. Calvin Dickinson seconded the motion and the motion carried unanimously. VICE –CHAIRMAN: GREG STAMPS. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 13, 2004. Calvin Dickinson made the motion to approve the minutes of January 13, 2004. Alma Anderson seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL APPLICATION FOR CERTIFICATE OF APPROPRIATENESS FOR THE REMOVAL OF CANOPY TREES ALONG DIXIE AVENUE ON THE PROPERTY LOCATED AT 508 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY WALTER HILL CARLEN. James Mills stated that Mr. Walter Hill Carlen has submitted for approval an application for a Certificate of Appropriateness for the removal of street canopy trees at 508 North Dixie Avenue. Mr. Carlen is specifically requesting that the removal of seven (7) street canopy trees be approved. He indicates in his application that the trees are in poor condition and are a hazard to power lines as well as to vehicles along North Dixie Avenue. He also indicates in the application that the trees will be replaced The Design Guidelines for the North Dixie Avenue Historic District specify in Section X, Guidelines for Landscaping, Accessory Structures and Signs, Subsection A, General Landscaping, (6) that “canopy trees along North Dixie Avenue shall be removed only when necessary and shall be replaced, where appropriate to maintain the street canopy”. Mr. Jeff Fitzpatrick, City Forester with the Cookeville Electric Department, has reviewed Mr. Carlen’s request and has determined that some of the trees are in poor condition. Mr. Jeff Fitzpatrick stated that the Cookeville Electric Department’s involvement at 508 North Dixie Avenue was at the resident’s request. All but one of the seven trees are within HISTORIC ZONING COMMISSION 2 MAY 11, 2004 13’ of the pole line. Tree 1 thru 6 (Maples) begin at the driveway and are numbered southward.  Tree Number One: The bark on tree one is dead on the west side and only held on by the ivy, which covers all of the trees.  Tree Number Two: Tree two lost approximately 40% of its crown in a storm years ago resulting in a large cavity. The remaining crown overhangs the high voltage wires, street, and sidewalk.  Tree Number Three: Tree three was damaged in a storm event in 2003 that resulted in limbs falling on the electric wires, sidewalk and street. The remainder of the top overhangs the resident’s lawn.  Tree Number Four: Tree four has a main section that is inches away from the high voltage. It leans somewhat eastward (toward the wires). The owner fears a repeat situation of falling limbs and resulting liability.  Tree Number Five: Tree five, somewhat like its counterparts that have already failed, has a double stem that exhibits “embedded bark”. Its condition could be helped with a cable to strengthen the weak branch union.  Tree Number Six: Tree six is relatively healthy. Like the others, however, its root system is limited by the sidewalk and street on its east side.  Walnut Tree off Cookeville Electric Department right-of-way: This tree is a walnut tree located just north of the driveway. It has limbs within inches of the electric wires. It is slightly off our right-of-way, but the resident requested it removed too as the walnuts roll onto the sidewalk. These trees are part of the Heritage, but also a hazard. The resident is concerned about the tree roots lifting the sidewalk too. He realizes that when the walk is replaced it could weaken the trees further. He said he simply does not want the liability. In conclusion, it has been said that the danger a tree poses depends in part on the target it can hit “if” it falls. All of the trees stand near the high voltage wires, sidewalk, and street. In most cases, most of the trees in question exhibit major structural defects. Perhaps as many as four of the seven trees could be saved. It would require removal of the ivy from their trunks, cabling where applicable, removal of dead branches, and trimming some limbs away form the overhead power. Any future underground utility work or sidewalk replacement would need to be conducted with care as to not further damage the tree roots. The owner understood that the trees could be saved but asked that we remove them due in part to liability. He also wants to see them replaced. HISTORIC ZONING COMMISSION 3 MAY 11, 2004 Mr. Fitzpatrick added that as a Tree Board member, he really appreciated the efforts made by the Historical Zoning Commission to preserve tree-lined streets. As a utility forester, he realizes that such matters involve difficult decisions. Staff recommended approval of Certification of Appropriateness subject to confirmation from the City Forester that the trees should be removed and to the replacement of any removed trees. There was a lot of discussion by the Board members concerning cutting trees that could possible be saved. Jeff Fitzpatrick stated the he would look at the trees in more detail and report back to the Board at their next meeting. Calvin Dickinson made the motion to table action until Jeff Fitzpatrick can report back to the Board on June 8, 2004. Alma Anderson seconded the motion and the motion carried unanimously. TABLED. STAFF REPORT ON THE FEASIBILITY OF A HISTORIC ZONING DISTRICT DESIGNATION ALONG WEST BROAD STREET DOWNTOWN. James Mills stated that the required two-thirds majority approval of property owners in the area proposed for Historic District designation along West Broad Street has not been obtained. There are two (2) possible alternatives: 1. Discontinue efforts for formation of historic district 2. Consider contraction or realignment of proposed district boundaries to obtain required approval It was discussed that one of the oldest sections of the downtown was located on West Broad Street between Oak and Cedar Avenues and including the Depot and that this area already had 69% of the votes needed to continue with the Historic Zoning Designation. Alma Anderson made the motion to hold a Public Hearing on Tuesday, June 8, 2004 at 5:30 p.m. to consider for action Historic Zoning District Designation for the section along West Broad Street between Oak and Cedar Avenues and including the Depot. Greg Stamps seconded the motion. Votes: Don Prince-aye, Greg Stamps-aye, Alma Anderson-aye, and Mary Jean Delozier-aye. Calvin Dickinson was not present during the voting. PUBLIC HEARING SCHEDULED FOR JUNE 8, 2004. ADJOURNMENT: 6:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ___________________________ __________________________________ JAYNE BARNS CPS DON PRINCE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE HISTORIC ZONING