Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MARCH 27, 2006 The Cookeville Planning Commission met on Monday, March 27, 2006 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Dr. Roy Loutzenheiser, Nina Lunn, Don Prince, Sam Sallee, Jim Stafne, Dr. Angelo Volpe, Chris Wakefield, and Tod Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, and Jayne Barns. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 27, 2006. Dr. Angelo Volpe made the motion to approve the minutes of February 27, 2006. Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF AN ABANDONED ROAD FORMALLY KNOWN AS LAGUNA ROAD. REQUEST SUBMITTED BY STEVEN FLATT. James Mills stated that Dr. Steven Flatt has submitted a request that the right-of-way of an abandoned road identified as Laguna Road be closed and abandoned and that the right-of-way be transferred to the adjoining property owners. The right-of-way is located between Neal Street and Salem Church Road. It is approximately 820 feet long with a width of 20 feet and consists of approximately 16,400 square feet or 0.38 acres. The closure and abandonment of city right-of-ways must be done in compliance with the provisions of Title 12, Chapter 4 of the Cookeville Municipal Code. Section 12-404 of Chapter 4 requires that all directly affected property owners concur with the request for closure and abandonment. Dr. Flatt owns Parcel 18.01 on Map 53-M, Group B, which borders the undeveloped right-of-way on the northern side. The southern boundary of the right-of-way is bounded by Parcel 33.01 on Map 66, which is owned by Maple Leaf Development, LLC. The owners of Parcel 33.01 on Map 66 have been notified by the Planning Department. Mr. Ray Mays of Maple Leaf Development, LLC has notified the Planning Department that he is not opposed to the closure but that Parcel 33.01 was in the process of being sold. The Planning Department has not confirmed whether the property has been sold. Staff recommended approval of the request subject to the following: • Compliance with the provisions of Title 12, Chapter 4 of the Municipal Code • Retention of any necessary easements as determined by the applicable city departments • Approval of owner of Parcel 33.01, Map 66 COOKEVILLE PLANNING COMMISSION 2 MARCH 27, 2006 Don Prince made the motion to approve the request to close and abandoned a road formally known as Laguna Road, subject to staff’s recommendation. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED, WITH CONDITIONS. CONSIDER FOR ACTION PRELIMINARY PLAT OF ESSEX ROAD SUBDIVISION, PHASE II, 8 LOTS LOCATED OFF ESSEX ROAD. REQUEST SUBMITTED BY MIKE PATTERSON. James Mills stated that Mr. Mike Patterson has submitted for approval a Preliminary Plat of Essex Road Subdivision, Phase II, an eight-lot subdivision located off Essex Road. The property proposed for subdivision is zoned as RS-15, Single Family Residential. The first phase of this subdivision consisted of 9 lots located along Essex Road. This phase will involve the construction of a dead-end street approximately 530 feet in length and the installation of a water line and hydrant. Public sewer is not available and the approval of the County Environmentalist for the use septic systems will be required. Sidewalks are not required since public sewer is not available. Staff recommended conditional Preliminary Plat approval subject to the following: • Submittal of plat review and inspection fees • Submittal and approval of water plans • Submittal and approval of street profile and construction plans • Submittal and approval of drainage and erosion and sediment control plans • Completion of preconstruction meeting prior to initiating any construction. Don Prince made the motion to grant conditional Preliminary Plat approval, subject to staff’s recommendation. Nina Lunn seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION REZONING 400 & 402 DUBOIS ROAD FROM PCD (PLANNED COMMERCIAL DEVELOPMENT) TO CR (REGIONAL COMMERCIAL). REQUEST SUBMITTED BY JOHNNY STITES ON BEHALF OF RETAIL PARTNERS, LLC. James Mills stated that Mr. John Stites, on behalf of Retail Partners, LLC, has submitted a request to rezone from PCD, Planned Commercial Development, to CR, Regional Commercial property located at 400 and 402 Dubois Road and identified as the Cookeville Mall. The properties proposed for rezoning consist of approximately 20.4 acres. The properties proposed for rezoning are contiguous with CG zoning on all sides. The Future Land Use Plan depicts these properties as being best suited for regional commercial purposes. The CR, PCD, CG, and CI zoning districts are all appropriate zones for this land use designation. Mr. Stites indicates in the rezoning application that the purpose of the rezoning request is to allow more flexibility in the use of the property. The PCD zoning district is intended primarily for large scale commercial developments with specific requirements for landscaping and buffering intended to protect surrounding areas. When considering the adjacent properties, PCD zoning does not appear to be necessary or COOKEVILLE PLANNING COMMISSION 3 MARCH 27, 2006 appropriate for the subject property. Further, the Cookeville Mall property was not developed to the standards of the PCD. Research by the Planning Department indicates that the property was most likely zoned as PCD because it was, prior to the adoption of the current Zoning Code, the only zone in which developments with a square footage of greater than 100,000 square feet were allowed. It would seem that CG zoning would be the most appropriate zone for the subject property since it is surrounded by this zoning classification; however, the current development of the property exceeds the CG zoning district’s maximum square footage requirement of 120,000 square feet. The CR district has no maximum development square footage requirement. Staff recommended approval of the request. Don Prince made the motion to approve rezoning 400 & 402 Dubois Road from PCD (Planned Commercial Development) to CR (Regional Commercial). Sam Sallee seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 1100 OLD CAVALRY ROAD FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO HM (HEAVY MANUFACTURING). REQUEST SUBMITTED BY BRUCE MCCORMICK ON BEHALF OF COOKEVILLE LIMESTONE LLC. James Mills stated that Mr. Bruce McCormick, on behalf of Cookeville Limestone, LLC, has submitted a request that property located at 1100 Old Cavalry Road be rezoned from RS-20, Single Family Residential to HM, Heavy Manufacturing. The property proposed for rezoning consists of approximately 70.2 acres. The property is contiguous with RS-20 zoning to the north, south and east and with RS-20 and RD zoning to the west. The property is currently utilized as a rock quarry and is classified as a legal nonconforming use. It is located in an area annexed by the city in 2001 and was in existence at the time of annexation. The property is depicted as being best suited for rural residential purposes in the Future Land Use Plan. It is partially adjacent to the southeast to an area depicted in the plan as being best suited for industrial purposes. Mr. McCormick indicates in the rezoning application that the purpose of the request is to allow the location of a concrete plant on the property and that, if the rezoning is approved, the existing concrete facility located at Builders Supply in downtown Cookeville would be moved to the site. He further indicates that relocating the concrete plant at Builders Supply would remove as many as 50 large trucks a day from the downtown area while not increasing the traffic at subject property. The Planning Department has received numerous calls and comments regarding this rezoning request. Several of the calls were to complain about the blasting involved in the current use of the property. Specific comments regarding the rezoning request included concerns over increased heavy truck traffic, the potential uses that could be allowed in the HM zoning district and the affect the rezoning would have on adjacent properties. COOKEVILLE PLANNING COMMISSION 4 MARCH 27, 2006 A concrete plant is a compatible use with a rock quarry and relocating the concrete plant from the Builders Supply on West Spring would be a benefit to the downtown area. However, the Planning Department has significant concerns regarding the propose rezoning. A primary concern is the current access to the property, which is located partially through an established single-family residential area. This concern is compounded by the potential uses that could locate on the property if it is rezoned, which would also be accessed by Old Cavalry Road. The provision of access to the property further south closer to Interstate 40 would greatly reduce the impact to adjacent residential developments. The Planning Department also has some doubt as to whether Old Cavalry Road, which has an average width of 19 feet, is suitable for a potential increase in traffic. Another major concern of the Planning Department is the significant deviation from the Future Land Use Plan. An amendment of the Plan would appear to be necessary. Staff recommended denial of the request. Bruce McCormick, General Manager of Cookeville Limestone, stated that the stone quarry has been involved in heavy manufacturing for 68 years. Truck Traffic will remain approximately the same under the new zoning and the current zoning of the property. One of the owners of Cookeville Limestone also owns a concrete plant on the West Side of downtown Cookeville; naturally the owner will buy all his stone from Cookeville Limestone. Cookeville Limestone will truck those loads of stone from our quarry site across town to the West Side. At the concrete plant the stone will be mixed into the waiting concrete trucks and from there the trucks will move through Cookeville to the work sites. With this proposed zoning and installation of a small amount of equipment, the stone would leave our facility in concrete trucks, eliminating the need to haul stone into Cookeville, unloading and reloading in downtown and moving those trucks again through downtown Cookeville. Chuck Johnson, owner of Johnson’s Nursery & Garden Center located at 1717 E. Spring Street, shared his concerns about the truck traffic and safety issues. He stated that the road has 19’ of right-of-way and there is not enough room now for 2 trucks to pass. Mr. Johnson wanted to know if the City would commit to road improvements now or in the near future. Virginia Maddux Moore stated that her family owns several lots in the residential area adjacent to the request. She added that when the City annexed the area that they created a plan for the zoning for this area and the plan was single-family residential. Rezoning the rock quarry would violate the city’s plan for future development in this area. Gene Caldwell, owner of property on both sides of Old Cavalry Road, shared his concerns about the environmental impact with the dust and possible health hazard. He used the rock quarry at Crab Orchard as an example. Rezoning the quarry would be detrimental to the residential areas in the neighborhood. He was concern about the safety of his grandchildren playing in his yard because when two trucks meet now one of them usually ends up in his yard. COOKEVILLE PLANNING COMMISSION 5 MARCH 27, 2006 Dot Lafever, resident at 1274 Skyline Drive, shared her concerns about her husband’s health. He is already on oxygen and she felt that more dust in the area would cause more risk for her husband and she was also concern about additional noise since her lots back up to the quarry. Dr. Roy Loutzenheiser made the motion to deny the request for rezoning. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION REZONING 1061 & 1065 SHAG RAG ROAD FROM HM (HEAVY MANUFACTURING) TO CI (COMMERCIAL-INDUSTRIAL MIXED USE). REQUEST SUBMITTED BY ANTHONY DEASON ON BEHALF OF JOYCE BARTON & GEORGE MITCHELL. James Mills stated that Mr. Anthony Deason, on behalf of property owners Joyce Barton and George Mitchell, has submitted a request to rezone from HM, Heavy Manufacturing, to CI, Commercial Industrial Mixed Use properties located at 1061 and 1065 Shag Rag Road. The properties proposed for rezoning consists of approximately 7.6 acres. The subject properties are contiguous with HM zoning to the east, west and south and with unincorporated and unzoned properties to the north. The properties are depicted as being best suited for industrial purposes in the Future Land Use Plan. The HM zoning district is intended for heavy industrial uses involved in the processing and manufacturing of materials or products predominantly from extracted for raw materials. Mr. Deason has indicated that he plans to subdivide the property and develop it for commercial and industrial purposes if the rezoning is approved. CI zoning would provide more flexibility for the development of the properties. Staff recommended approval of the request. Don Prince made the motion to approve rezoning 1061 & 1065 Shag Rag Road from HM (Heavy Manufacturing) to CI (Commercial-Industrial Mixed Use). Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 220 KING STREET FROM RD (SINGLE- FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY SONJA BROWN ON BEHALF OF J. D. PARKS. James Mills stated that Ms. Sonja Brown of Plantation Properties, on behalf of property owner J. D. Parks, has submitted a request that a portion property located at 220 King Street and identified as Parcel 27.00 on Map 53K, Group J be rezoned from RD, Single Family and Duplex Residential to CL, Local Commercial. The property proposed for rezoning consists of approximately 0.33 acre. It is a portion of property created through the combination of Parcel 27.00 with Parcel 28.00 on Map 53K, Group J. A combination plat was approved by the Planning Department earlier this month. The portion of the property identified as Parcel 28.00 is zoned as CL. The subject property is contiguous with CL zoning to the north, south and east and with RD zoning to the west. The property is depicted as being best suited for Mixed Density COOKEVILLE PLANNING COMMISSION 6 MARCH 27, 2006 Residential and Local Commercial purposes in the Future Land Use Plan. The property proposed for rezoning would encroach in the residential areas to the west no further than the current CL zoning boundary does on contiguous properties to the north and south. Ms. Brown indicates in the application that the purpose of the request is to allow for the construction of condominiums. Condominium developments are allowed in the CL zoning district subject to compliance with requirements of the RM-14 zoning district and upon approval of a subdivision plat. Staff recommended approval of the request. Dr. Angelo Volpe made the motion to approve rezoning 220 King Street from RD (Single- Family & Duplex Residential) to CL (Local Commercial). Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 648 & 658 E. 15TH STREET FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO CI (COMMERCIAL INDUSTRIAL MIXED USE). REQUEST SUBMITTED BY BILL BULLINGTON. James Mills stated that Mr. Bill Bullington has submitted a request to rezone his properties located at 648 and 658 East 15th Street from RS-10, Single Family Residential to CI, Commercial Industrial Mixed Use. The properties proposed for rezoning consist of approximately 0.93 acre. The subject properties are contiguous with CI zoning to the south and with RS-10 zoning to the east, west and north. The property is depicted as being best suited for Mixed Use Commercial Industrial purposes in the Future Land Use Plan. With the exception of eight contiguous properties along the north side of East 15th Street from North Maple Avenue to Denton Avenue, all properties along East 15th Street are zoned as CI, Commercial Industrial Mixed Use. The Planning Department has some concern regarding rezoning just the two parcels with the adjacent properties to the east and west remaining as RS-10. It would appear to be more appropriate to rezone all the remaining properties to CI, with the possible exception of the lot at the corner of Denton Avenue and East 15th Street that extends to Bradley Drive. Staff recommended that the Commission postpone consideration for the purpose of studying the inclusion of additional properties in the rezoning request. Don Prince made the motion to postpone action until April 24th, for the purpose of studying the inclusion of additional properties in the rezoning request. Nina Lunn seconded the motion and the motion carried unanimously. POSTPONED. CONSIDER FOR ACTION REZONING 1596 SHAG RAG ROAD AND VACANT LOT (TAX MAP # 41-26.00 & 27.00) FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO RS-5 (SINGLE-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY DOUG SARGENT ON BEHALF OF GLENN AND DOROTHY ERVIN. James Mills stated that Mr. Doug Sargent, on behalf of the Ervin Family Living Trust, has submitted a request to rezone from RS-10, Single Family Residential to RS-5 COOKEVILLE PLANNING COMMISSION 7 MARCH 27, 2006 Single Family Residential properties located at 1596 Shag Rag Road. The properties proposed for rezoning consist of approximately 83.9 acres. The subject properties are contiguous with CI and RS-10 zoning to the east, with CI and RS- 5 zoning to the south, with RS-5 zoning to the west and with unincorporated and unzoned properties to the north. The property is depicted as being best suited for Mixed Density Residential purposes in the Future Land Use Plan. RS-5 zoning is compatible with this land use designation. Mr. Sargent has indicated that he intends to subdivide the properties and that rezoning to RS-5 will allow him the flexibility to provide a range of lot sizes. Staff recommended approval of the request. Dr. Roy Loutzenheiser made the motion to approve rezoning 1596 and vacant lot (Tax Map # 41-26.00 & 27.00) from RS-10 (Single-Family Residential) to RS-5 (Single-Family Residential). Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT BRYANT-GOOLSBY DIVISION – 3 LOTS LOCATED OFF BRYANT AND KACIE AVENUES. REQUEST SUBMITTED BY HANS BEAN. James Mills stated that Mr. Hans Bean has submitted for approval a Final Plat of the Bryant-Goolsby Division, a three-lot subdivision located Bryant and Kacie Avenues. This subdivision was originally granted conditional final approval in 2002; however, the conditions for approval were not met and plat approval expired. The property submitted for subdivision approval is zoned as RD, Single Family and Duplex Residential. The proposed lots have the required street frontage and have access to existing public water and sewer services. Staff recommended conditional approval subject to the review and approval of the applicable departments. Don Prince made the motion to approve the Final Plat of Bryant-Goolsby Division, subject to the review and approval of the applicable departments. Sam Sallee seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO REVIEW AND APPROVAL OF THE APPLICABLE DEPARTMENTS. CONSIDER FOR ACTION AMENDMENTS TO OFFICIAL STREET MAP. REQUEST SUBMITTED BY STAFF. James Mills stated that Amendments to the Official Street Map are necessary due to the addition of new streets, street name changes and the closure of streets in 2005. The purpose of the Official Street Map is to depict the streets for which the City of Cookeville is responsible for maintenance and to reflect the official names of these streets. The recommended amendments include the following: COOKEVILLE PLANNING COMMISSION 8 MARCH 27, 2006 (1) New Street or Street Extensions: Commerce Drive, Milfred Avenue Extension, Spruce Avenue Extension, Maple Point Drive, Shag Rag Road Extension and Bowser Road. (2) Street Name Changes: Cavalier Drive to Raider Drive, Deal Drive to Henley Drive, a portion of North Hickory Avenue north of West 7th Street to Armstrong Avenue, and a portion of North Hickory Avenue between West 5th Street and West 7th Street to Medical Center Boulevard. (3) Street Closures: Dacco Drive (last 1600 feet) Ordinance O05-12-24 adopted 2/2/06. (4) Street Closures Pending Council Approval: a portion of West 6th Street between North Cedar Avenue and Medical Center Boulevard, Medical Center Boulevard from West 5th to West 6th Streets, and West 5th Street from North Whitney Avenue to Medical Center Boulevard. Staff recommended approval of the amendments to the Official Street Map. Dr. Roy Loutzenheiser made the motion to approve the amendments to the Official Street Map. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • COUNTRY CLUB PLACE PLAT AMENDMENT LOT #4 - 1 LOT LOCATED ON COUNTRY CLUB PLACE - WILLIAM HALFACRE JR. • SWEETLAND WEST COMBINATION - 1 LOT LOCATED OFF WEST JACKSON STREET - SWEETLAND FAMILY PARTNERSHIP. • CHARLESTON PLACE – REDIVISION LOTS 1 & 2 - 2 LOTS LOCATED ON CHARLESTON DRIVE -WALTER DIETZ & SHAWN FRYE. • PLANTATION PROPERTIES DIVISION – 1 LOT LOCATED ON KING STREET – SONJA BROWN. (2) TRAINING FOR PLANNING COMMISSION. James Mills commended the Planning Commission members for 100% participation in the MTAS Planning and Zoning Workshop held on March 15, 2006. ADJOURNMENT: 6:35 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING __________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION