Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 27, 2006 The Cookeville Planning Commission met on Monday, November 27, 2006 at 5:30 p.m., in the Community Meeting Room of the Cookeville Municipal Building, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Dr. Roy Loutzenheiser, Nina Lunn, Don Prince, Jim Stafne, Dr. Angelo Volpe, Chris Wakefield, Ryan Williams, and Tod Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, and Jayne Barns. OTHERS PRESENT: Lanette Koger and Steve Passaretti CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Don Prince made the motion to approve the agenda as submitted. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 23, 2006. Don Prince made the motion to approve the minutes of October 23, 2006. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 761 BUFFALO VALLEY ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY BILL SHRECKENGOST ON BEHALF OF LOUIS SCANTLAND. James Mills stated the Planning Department had received a letter from Mr. Shreckengost requesting that this item be postponed. Mr. Mills stated for those that were present that the property proposed for rezoning consists of approximately 56.2 acres. The parcel has frontage on both Buffalo Valley Road and West Jackson Street. It is contiguous with RM-14 and CL zoning to the east, with RS-20 zoning to the west, with RS-10 zoning to the south, and with RS-20 and CL zoning to the north. Cane Creek Park is adjacent to the west and Cane Creek Elementary School is adjacent to the north. The Comprehensive Future Land Use Plan indicates that the subject property would be best suited primarily for low density and some moderate density residential development. West Jackson Street is classified as and Major Arterial Street and Buffalo Valley Road is classified as a Major Collector Street. However, Buffalo Valley Road currently consists of only two traffic lanes. The Water Quality Control Department indicates that public sewer is available to the property should it be developed. The latest FEMA flood hazard maps indicate that a portion of the property located off West Jackson Street is encumbered within a floodplain. The RM-8 Zoning District allows single family, duplex and multi-family residential development at a density of 5,000 square feet per dwelling unit. The RD, Single Family and Duplex Residential, and RS-5, Single Family Residential also allow residential development at a density of 5,000 square feet per dwelling unit but do not allow multi-family developments. Mr. Shreckengost has indicated that the property would be developed as a mixed used development with single-family and condominium units; however, no specific development proposal has been submitted. While rezoning to increase the density of development of this property appears to be appropriate, there is some question as to the need for additional multi-family development within the city. RD zoning would allow for COOKEVILLE PLANNING COMMISSION 2 NOVEMBER 27, 2006 significant flexibility in the potential development of the property while permitting the same density as the requested RM-8 zoning. Staff recommended that consideration of this item be postponed as requested by Mr. Shreckengost. Lanette Koger, distributed a letter from Stephen Kenney, owner of the Eagle’s Landing Apartment Complex, stating his opposition to the rezoning request until more information is submitted. Dr. Roy Loutzenheiser made the motion to postpone this item. Nina Lunn seconded the motion and the motion carried unanimously. POSTPONED. CONSIDER FOR ACTION VARIOUS AMENDMENTS TO THE COOKEVILLE ZONING CODE. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared for consideration a number of proposed amendments to the Cookeville Municipal Zoning Code. The proposed amendments are as follows: 1. Section 201.8G, Discontinuance and Abandonment, is proposed for amendment to reflect current provisions of TCA 13-7-208 pertaining to nonconforming uses. The Zoning Code currently specifies that a nonconforming use may not be reactivated if discontinued or abandoned for more than six months. The TCA was amended in 2004 to allow a period of 30 months for reactivation. The Zoning Code must comply with the TCA. 2. Section 204.14, Drainage and Storm Water Management, is proposed for amendment by deleting the words “parcel of land” in Section 204.14B and replacing them with the word “development”. This proposed change is requested by the Public Works Department and is intended to clarify when the storm water requirements are applicable. 3. Section 205.8, Minimum Parking Requirements, is proposed for amendment by inserting a decreasing scale of minimum parking requirements for general retail developments. As proposed the larger the proposed development the fewer parking spaces per square foot that would be required. With the proposed changes, the parking requirements for a development of 100,000 square feet would be required to provide 1 space for every 250 square feet (400 total spaces) as currently compared to 1 space for every 200 square feet (500 total spaces). 4. Section 206.11, Limitations for Multi-Family Residential Uses, is proposed for amendment by inserting a requirement that multi-family developments of more than 50 dwelling units must provide a minimum of two access points. Currently multi-family developments are required to provide only one point of access no matter the number of dwelling units. 5. Section 206, Special Standards for Certain Uses, is proposed for amendment by renaming the Section to Additional Standards for Certain Uses, and by changing all references to “special” in the subsections to “additional”. It has been brought to the Planning Department’s attention that the use of the word special may indicate that the uses specified in this section are subject only to the special standards and not the general standards of the Zoning Code. 6. Section 208.5B, Parking Area Landscaping, is proposed for amendment by inserting a new sentence under 208.5B (2), Curbing Required, specifying that curb openings that allow storm water to enter landscape strips used for storm water quality bio-retention area are allowed. This proposed change is requested by the Public Works Department. 7. Section 209, Sidewalk Requirements, is proposed for amendment by inserting a provision exempting from the sidewalk installation requirements properties which do not have access to public sewer. The TCA prohibits municipalities from requiring the installation of sidewalks in subdivision developments that do not have access to public sewer. COOKEVILLE PLANNING COMMISSION 3 NOVEMBER 27, 2006 8. Section 214, RD, Single-Family and Duplex Residential District and Section 215, RM-8, Multi-Family Residential District, are proposed for amendment by inserting as uses permitted on appeal assisted living/residential care facilities subject to certain conditions. As the elderly percentage of our population increases the demand for these type facilities also increases. These facilities, as with multi-family developments, would appear to be appropriate transition uses between non-residential uses and single- family residential developments. As a special exception with certain conditions, including a minimum site size of 5 acres, the Board of Zoning Appeals would be responsible for determining whether a proposed location is appropriate. A primary reason for including such uses in the RD District has to do with the Cedar Hills Retirement Center. The owners of this facility would like to expand; however, as a nonconforming use in the RD District they are prohibited from doing so because of the density requirements. 9. Section 216, RM-14, Multi-Family Residential District, is proposed for amendment by inserting as a permitted use assisted living/residential care facilities. Assisted living/residential care facilities are appropriate uses in multi-family districts. 10. Section 226, UNV, University District, is proposed for amendment by inserting as a permitted use condominiums subject to the submittal of a site plan and subdivision plat. 11. Section 234, Chart of Permitted Uses, is proposed for amendment by inserting the changes relative to assisted living/residential care facilities and condominiums. It is also proposed to change pet grooming from a special exception to a permitted use in the CL, CG and PCD Districts. Staff recommended approval of the amendments. Dr. Angelo Volpe made the motion to approve the amendments to the Zoning Code. Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF REMINGTON, 11 LOTS LOCATED ON NORTH PICKARD AVENUE AND A VARIANCE REQUEST FOR TWO FLAG LOTS FOR LOTS # 6 & 9. REQUEST SUBMITTED BY HAROLD EVANS. James Mills stated that Mr. Harold Evans has submitted for approval a Preliminary Plat of the Remington Subdivision, a proposed 11 tract division located off North Pickard Avenue. The property proposed for subdivision consists of approximately 4.77 acres and is zoned as RS-10 Single-Family Residential. Each of the proposed lots has access to public water. The extension of sewer lines will be required for at least four (4) of the lots. The proposed lots have frontage on an existing public street. However, the plat depicts the creation of two (2) flag lots, Lot Nos. 6 and 9, which requires the approval of a variance. There is some question as to whether the proposed flag lots meet the specific requirements for approval. This includes the requirement that the depth to width ratio of the property being subdivided exceeds 2:1 and that the flag lots are not being used to avoid the construction of a street. Staff recommended denial of the variance request for flag lots and conditional approval of the Preliminary Plat subject to the following: • Submittal of revised preliminary plat removing the flag lots, depicting floodplain easement along existing stream at a width of 20 feet at the top of the bank on both sides of the stream, correcting existing sewer easement location, and depicting an additional existing sewer easement located on eastern side of property • Submittal and approval of sewer extension plans • Compliance with applicable utility department requirements for connections to existing water, electricity, and natural gas COOKEVILLE PLANNING COMMISSION 4 NOVEMBER 27, 2006 • Completion of preconstruction meeting prior to initiating required improvements. There was concern by the Commission concerning the configuration of the flag lots. Dr. Roy Loutzenheiser made the motion to deny the variance request for flag lots and grant conditional approval of the Preliminary Plat subject to staff’s recommendations. Judy Jennings seconded the motion and the motion carried unanimously. DENIED VARIANCE FOR FLAG LOTS AND GRANTED CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT. CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY A PORTION OF SOUTH LOWE AVENUE RIGHT-OF-WAY LOCATED ADJACENT TO 442 SOUTH JEFFERSON AVENUE (TAX MAP# 53K-F-9.00). REQUEST SUBMITTED BY MARK PIRTLE. (MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. Tod Williams made the motion to move this item from study to action. Nina Lunn seconded the motion and motion carried unanimously. APPROVED MOVING FROM STUDY TO ACTION. James Mills stated that Mr. Mark Pirtle has submitted a request that a portion of the right-of-way of South Lowe Avenue, contiguous with his property identified as Parcel 9.00 on Tax Map 53K, Group F, be declared as surplus property. Mr. Pirtle intends to sell his property to ALDI, Inc., a food store establishment. During a survey of the property as a part of the sale it was determined that the Putnam County Tax Assessor had erroneously identified a portion of the South Lowe Avenue right-of-way as a part of the property owned by Mr. Pirtle (Parcel 9.00). The subject property is triangular in shape and consists of 6,970 square feet or approximately 0.16 acre. The property was apparently a remnant of street right-of- way remaining when South Lowe Avenue was constructed several years ago. An appraisal of the property has been completed and the value of the right-of-way has been determined to be $6.60 per square foot or $46,000. There is some possibility that the city may need a portion of the subject right-of-way for widening South Lowe Avenue in the future. A utility easement with a minimum width of 10 feet on both sides of any utilities should be retained if the property is declared as surplus. Due these factors the appraised value may be significantly reduced. Staff recommended approval of the surplus property declaration and sale at an amount established by the City Council subject to the retention of a utility easement 10 feet in width and to a binding agreement with the buyer that the city has the option of repurchasing at a later date any portion of the right-of-way necessary for the widening of South Lowe Avenue at the same price for which the property is sold. Don Prince made the motion to approve the surplus property declaration subject to staff’s recommendation. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED SURPLUS PROPERTY DECLARATION. Tod Williams made the motion to take the following items for study. Nina Lunn seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING A PORTION OF 777 SOUTH WILLOW AVENUE FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO RS5 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY JOHNNY STITES OF J & S CONSTRUCTION ON BEHALF OF THE HEAVENLY HOST LUTHERAN CHURCH. COOKEVILLE PLANNING COMMISSION 5 NOVEMBER 27, 2006 (2) CONSIDER FOR STUDY REZONING A PORTION OF 1011 EAST 10TH STREET FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JERRY GAW. (3) CONSIDER FOR STUDY DECLARING AS SURPLUS PROPERTY A PORTION OF SOUTH WASHINGTON AVENUE RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF SOUTH WASHINGTON AVENUE AND REAGAN STREET. REQUEST SUBMITTED BY J. D. PARKS ON BEHALF OT THE MADDUX HARDWARE BUILDING. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • LINDE DIVISION – 2 LOTS LOCATED ON CHARLES STREET – ANGELA LINDE. • DAVID BROWN DIVISION – 2 LOTS LOCATED ON BRIARCREST DRIVE - DAVID BROWN. • RESUDDIVISION OF LOT #5 OF WOODLAKE SUBDIVISION – 2 LOTS LOCATED ON WOODLAKE TRACE – BOB HARWOOD. • RIVER COMMUNITY CHURCH – 2 LOTS LOCATED ON MIRACLE ROAD – RIVER COMMUNITY CHURCH. • AMENDED PLAT OF 10TH # FISK – 4 LOTS LOCATED ON THE CORNER OF 10TH & FISK – MONTE TURNER. (2) OTHER UPDATES: • NEW FEMA MAPS TO BE EFFECTIVE IN MAY OF NEXT YEAR. ADJOURNMENT: 6:12 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION