Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MARCH 26, 2007 The Cookeville Planning Commission met on Monday, March 26, 2007 at 5:30 p.m., in the Co, 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: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Don Prince made the motion to approve the agenda as submitted. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 26, 2007. Dr. Angelo Volpe made the motion to approve the minutes of February 26, 2007. Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 118 EAST 1ST STREET FROM RS15 (SINGLE FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY RUTH MITCHELL. James Mills stated that Mrs. Ruth Mitchell, representing the estate of Robbie Dixon, has submitted a request that the Dixon property located at 118 East 1st Street be rezoned from RS-15, Single Family Residential to CN, Neighborhood Commercial. The property is identified as Parcel 12 on Tax Map 53B, Group F and consists of approximately 18,000 square feet. The property proposed for rezoning is contiguous with CN zoning to the west and south and with RS-15 zoning to the east and north. The property is also adjacent to Holly Avenue and the North Dixie Avenue Historic District to the east. Prior to the recording of a combination subdivision plat in February 2007 the subject property consisted of two (2) parcels, with a northern parcel fronting on Holly Avenue. The CN District is a mixed use district intended for single and two-family residential dwellings and small to moderate size offices and businesses. All non-residential structures must be compatible with nearby residential structures in terms of scale and appearance. In the East 1st Street block between Popular and North Dixie Avenue, the subject property is the only parcel not fronting North Dixie Avenue that is not zoned CN or CL, Local Commercial. A number of single family structures along this block have been converted to commercial uses. The Planning Department has received several calls from nearby property owners with most opposed to the rezoning. A primary concern is the potential development of a parking area on the northern half of the subject property and the resulting increase in traffic on Holly Avenue. Holly Avenue is a substandard street with a right-of-way of approximately 20 feet and a COOKEVILLE PLANNING COMMISSION 2 MARCH 26, 2007 pavement width of approximately 14 feet. The subject property, two single family structures, and an apartment development are currently accessed by Holly Avenue. The property proposed for rezoning has the same characteristics as many other properties along the block of East 1st Street zoned as CN. It should also be noted that there are four (4) parcels south of East 1st Street located within the North Dixie Avenue Historic District already zoned as CN. The impact on nearby residential properties from the possible conversion of the subject property to commercial use could be reduced if it was included within the historic district overlay. While many of the design guidelines for the North Dixie Avenue Historic District are oriented to the protection of the North Dixie Avenue streetscape, inclusion would require the review and approval of the Historic Zoning Commission before any structural changes or parking improvements could be completed. Staff recommended approval of the rezoning request, subject to the property also being included in the North Dixie Avenue Historic District overlay zone with a written request for such inclusion submitted by the property owner. Mrs. Ruth Mitchell stated that she requested the rezoning so that the house would be more compatible with other properties on East First Street. David Hume, 310 N. Dixie, shared his concern against transient renters in the vicinity of the Holly-Cherry Avenue neighborhood, additional traffic on Holly, what type of commercial business will go on the property, and additional buffer of residential properties behind the existing homes on Dixie Avenue . Grace Forest, 215 Cherry Avenue, and Ed Hamlet, 207 Cherry Avenue, were also concerned about the rental property in their neighborhood. Martin Ing, 216 North Dixie Avenue, was concerned about the addition of commercial property in this area. Dr. Derryberry, 115 North Dixie Avenue, stated that someone had approached him about subdividing his property. Dr. Angelo Volpe made the motion to deny the rezoning request. Judy Jennings seconded the motion. Votes: Judy Jennings--aye, Dr. Roy Loutzenheiser--aye, Nina Lunn--aye, Don Prince--aye, Jim Stafne--aye, Dr. Angelo Volpe--aye, Chris Wakefield--aye, Ryan Williams-- nay, and Tod Williams--aye. DENIED. CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY LOT 1 OF WEST JACKSON DIVISION PHASE I. REQUEST SUBMITTED BY REBECCA TING. James Mills stated that Mrs. Rebecca Ting, of K & R Properties has submitted a request that city owned property located at the corner of West Jackson and Maxwell Streets, and identified as Parcel 6 on Tax map 53H, Group F, be declared as surplus property and made available for sale. The property proposed for surplus declaration is further identified as Lot No. 1 of the West Jackson Street Division, Phase I, and is a remnant of property acquired by the city for the COOKEVILLE PLANNING COMMISSION 3 MARCH 26, 2007 construction of West Jackson Street. The recorded plat indicates that the property is encumbered with a utility easement 20 feet in width along West Jackson Street. The parcel consists of approximately 0.75 acre and is zoned as CL, Local Commercial. Due to topographic issues, major street setback requirements, and other factors, the property does not appear to have much development potential as a separate parcel. The applicable city departments have reviewed the closure and abandonment request. Staff recommended approval of the surplus property declaration subject to the establishment of a minimum bid amount by the City Council, sale to the highest bidder and to the retention of a slope/construction easement 20 feet in width along West Jackson Street and a utility easement 20 feet in width along Maxwell Street. Richard Miller, 662 Maxwell Street, currently has permission from the City to plant his garden on the northern section of the surplus property and he would be interested in purchasing a portion of the surplus property adjacent to his property. Mr. Miller suggested that the lot be divided into two tracts of land and then each lot sold to the highest bidder. A question was raised as to whether a billboard could be placed on this property. Mr. Shipley replied that billboards are no allowed on this portion of West Jackson and that they are also not allowed in the CL (Local Commercial) zone. Danny Frye suggested that the City look at the State’s requirements for not allowing billboards on surplus property. Don Prince made the motion to approve the surplus property declaration subject to staff’s recommendation and also to subdividing Lot #1 into two parcels. Tod Williams seconded the motion and the motion carried unanimously. APPROVED WITH CONDITIONS. CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY A PORTION OF THE 20’ ALLEY ADJACENT TO 450 WEST 5TH STREET. REQUEST SUBMITTED BY REBA ROBERSON. James Mills stated that Mrs. Reba Roberson has submitted a request that a portion of an unnamed and undeveloped alley right-of-way located adjacent to her property at 460 West 5th Street be closed and abandoned. The undeveloped alley right-of-way is located off the southern right-of-way of West 5th Street between North Franklin and Spruce Avenues. It has a width of approximately 20 feet. The portion proposed for closure and abandonment consists of a length of approximately 100 feet. The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following: • Submittal of written request and payment of fee, • Submittal of survey, COOKEVILLE PLANNING COMMISSION 4 MARCH 26, 2007 • Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (it is city policy that all adjoining property owners have the right to purchase, if closure and abandonment are approved, one-half the right-of-way along which the property is contiguous), • Review by applicable city departments, • Review and approval of Planning Commission, • Approval of City Council, and • Purchase of property based on a value established by the City Manager (any appraisal and/or recording costs to be paid for by the petitioner). There are three (3) parcels contiguous with the portion of alley right-of-way proposed for closure and abandonment. Parcel 20 on Map53 A, Group C, owned by Reba Roberson, is contiguous with the alley for length of 100 feet on the western boundary; Parcel 18 on Map 53A, Group C, owned by Jerry Ford and Danny Frye, is contiguous with the alley for a length of 80 feet on the eastern boundary; and Parcel 16 on Map 53A, Group C, owned by John Looper, is contiguous with the alley for a length of 20 feet on the eastern boundary. All directly affected property owners have been contacted by the Planning Department. The owners of Parcel 18, Ford and Frye, have indicated that they favor the proposal to close and abandon the alley right-of-way and would purchase half the right-of-way. No response has been received from the owner of Parcel 16. There also are six (6) parcels located along the portion of the alley right-of-way not proposed closure and abandonment. The owners of these parcels have been contacted by the Planning Department. The applicable city departments have reviewed the closure and abandonment request. Staff recommended conditional approval of closure and abandonment of unnamed alley right- of-way for distance of 100 feet extending south from West 5th Street subject to the following: • Submittal of Fee ($100), • Completion of survey (cost paid for by petitioner), • Confirmation of approval from all directly affected property owners, and • Purchase of property by contiguous property owners based on a value established by the City Manager (any appraisal or recording costs to be paid for by the purchasers). Don Prince made the motion to approve the closure and abandonment of a unnamed alley right-of-way for a distance of 100 feet extending south from West 5th Street subject to staff’s recommendations. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED WITH CONDITIONS. CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY AN UNDEVELOPED STREET RIGHT-OF-WAY ADJACENT TO 1281 WINTERHILL DRIVE. REQUEST SUBMITTED BY STEVEN QUALLS ON BEHALF OF DR’S. JOHN AND BARBARA JACKSON. James Mills stated that Drs. John and Barbara COOKEVILLE PLANNING COMMISSION 5 MARCH 26, 2007 Jackson have submitted a request that the undeveloped right-of-way of Wall Avenue located adjacent to their property at 1281 Winter Hill Drive be closed and abandoned. The undeveloped street right-of-way is located at the intersection of Wall Avenue and Winter Hill Drive. It has a width of approximately 50 feet and a length of approximately 150 feet. It appears from a site inspection that a portion of the driveway serving the property located at 1281 Winter Hill Drive is located within the undeveloped right-of-way. The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following: • Submittal of written request and payment of fees, • Submittal of survey, • Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (it is city policy that all adjoining property owners have the right to purchase, if closure and abandonment are approved, one-half the right-of-way along which the property is contiguous), • Review by Departments, • Review and approval of Planning Commission, • Approval of City Council, and • Purchase of property based on a value established by the City Manager (appraisal and recording costs to be paid for by the petitioner). There are two (2) parcels contiguous with the undeveloped right-of-way proposed for closure and abandonment. Parcel 13 on Map 41P, Group D, owned by the Jackson’s, is contiguous with the right-of-way on the western boundary and Parcel 12 on Map 41P, Group D, owned by Elsie Thrasher, is contiguous with the right-of-way on the eastern boundary. Correspondence from Ms. Thrasher indicates that she does not wish to purchase any portion of the right-of-way and has no problem with the Jackson’s making the full purchase. The applicable city departments have reviewed the closure and abandonment request. Staff recommended conditional approval of the closure and abandonment of the undeveloped portion of Wall Avenue subject to the following: • Submittal of Fee ($100), • Completion of survey (cost paid for by petitioner), and • Purchase of property based on a value established by the City Manager (any appraisal and/or recording costs to be paid for by the petitioner). Tod Williams made the motion to grant conditional approval of the closure and abandonment of the undeveloped portion of Wall Avenue subject to staff’s recommendation. Don Prince seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. Don Prince made the motion to take the following items for study. Tod Williams seconded the motion and the motion carried unanimously. STUDY ITEMS. COOKEVILLE PLANNING COMMISSION 6 MARCH 26, 2007 (1) CONSIDER FOR STUDY REZONING 491 WEST 6TH STREET FROM RS5 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY ROBERT RODRIGUEZ. (2) CONSIDER FOR STUDY REZONING A PORTION OF 699 SOUTH WILLOW AVENUE FROM RS-10 (SINGLE FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY RANDY PORTER ON BEHALF OF DAVID BURNETT. (3) CONSIDER FOR STUDY ANNEXATION OF SOUTHERN WOODS – BUNKERHILL ROAD AREA. REQUEST SUBMITTED BY SOUTHERN WOODS PROPERTY OWNERS. (4) CONSIDER FOR STUDY AMENDMENTS TO SECTION 208, LANDSCAPING, SCREENING AND BUFFER YARD REQUIREMENTS. REQUEST SUBMITTED BY STAFF. (5) CONSIDER FOR STUDY DECLARING AS SURPLUS PROPERTY AN UNDEVELOPED STREET RIGHT-OF-WAY ADJACENT TO 130 POPLAR AVENUE. REQUEST SUBMITTED BY DANNY FRYE. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • MALTMAN DIVISION – 2 LOTS LOCATED ON WOODLAKE TRACE – LOUISE MALTMAN. • WINDSOR HILL RESUBDIVISION LOTS 24A & 29 – 2 LOTS LOCATED ON NOTTINGHAM DRIVE – JERRY GAW. • UPPER CUMBERLAND CHRISTIAN HOME DIVISION – 2 LOTS LOCATED ON STATE STREET – DEAN COBB. ADJOURNMENT: 6:35 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _______________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION