Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 23, 2007 The Cookeville Planning Commission met on Monday, April 23, 2007 at 5:30 p.m., in the Community Meeting Room, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Dr. Roy Loutzenheiser, Nina Lunn, Don Prince, Jim Stafne, Dr. Angelo Volpe, Chris Wakefield, Ryan Williams, and Tod Williams. MEMBERS ABSENT: Judy Jennings. 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 MARCH 26, 2007. Don Prince made the motion to approve the minutes of March 26, 2007. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT MACK INDUSTRIAL PARK/MILL DRIVE EXTENSION, 4 LOTS LOCATED OFF MILL DRIVE. REQUEST SUBMITTED BY KEVIN MACK. James Mills stated that Mr. Kevin Mack has submitted for approval a Final Plat of the Mack Industrial Park/Mill Drive Extension, a four (4) lot subdivision located off Mill Drive. The property proposed for subdivision consists of approximately 11.6 acres and is zoned as LM, Light Manufacturing. The development involved the extension of Mill Drive by approximately 350 feet with the construction of a cul-de-sac. Final street surfacing has been completed. The subdivision also involved the installation of a water and sewer lines and a fire hydrant. A variance to waive the installation of sidewalks was approved with Preliminary Plat approval in August of 2006.All required improvements have been completed per the requirements of the city. A Letter of Credit in the amount of $10,000 has been submitted as a Warranty of Improvements installed in the subdivision. Staff recommended conditional approval of Final Plat subject to the depiction on the Final Plat of a utility easement along the entire southern property boundary, to the raising of some water meter boxes as determined by the Water Department, to the submittal and approval of utility as-built plans, and to the reinstallation of property pins so the as-built plans can be verified. Dr. Angelo Volpe made the motion to grant conditional approval, subject to staff’s recommendation. Don Prince seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. COOKEVILLE PLANNING COMMISSION 2 APRIL 23, 2007 CONSIDER FOR ACTION REZONING 491 WEST 6TH STREET FROM RS5 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY ROBERT RODRIGUEZ. James Mills stated that Mr. Robert Rodriguez has submitted a request that his property located at 491 West 6th Street be rezoned from RS-5, Single Family Residential to RM-8, Multi-Family Residential. The property is identified as Parcel 1 on Tax Map 40P, Group B. According to the records of the County Property Assessor, the parcel is 65 feet wide and 166 feet deep and consists of approximately 10,790 square feet. The property proposed for rezoning is contiguous with RS-5 zoning to the north, south and east and with RM-8 zoning to the west. The minimum lot area per dwelling unit requirement in both zoning districts is 5,000 square feet. The primary difference between the two zones is the RS-5 district is limited to single family structures while the RM-8 district also allows duplex and multi-family developments. It appears, based on the dimensions of the subject property, it could be subdivided into 2 lots. Therefore the same density, two (2) dwelling units, can be achieved under the current zoning as with the requested zoning. In the 2001 city-wide rezoning, a large area basically bordered by Pine Avenue on the west, Chestnut Avenue on the east, 7th Street on the north, and 4th Street on the south, was zoned for single family purposes. While this area does include some non-single family development, the intent of the 2001 zoning was to protect the area for single family purposes by prohibiting any more non-single family development. The requested rezoning would be detrimental to this effort. Staff recommended denial of the request. Don Prince made the motion to deny the rezoning request. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION DECLARING AS SURPLUS PROPERTY AN UNDEVELOPED STREET RIGHT-OF-WAY ADJACENT TO 130 POPLAR AVENUE. REQUEST SUBMITTED BY DANNY FRYE. James Mills stated that Mr. Danny Frye has submitted a request that a portion of the undeveloped right-of-way of Poplar Avenue located adjacent to his property at 130 Poplar Avenue be closed and abandoned. The subject portion of the undeveloped Poplar Avenue right-of-way is located between 2nd Street and Craighead Drive and is adjacent to the eastern right-of-way of the Nashville and Eastern Railroad. The undeveloped right-of-way extends northward to 4th Street. It has a surveyed width of 40 feet and the portion proposed for closure is approximately 210 feet in length. Based on a survey submitted by Mr. Frye, a shed type structure is partially located in the right-of-way as well as in the railroad right-of-way. Only one (1) parcel is contiguous with the portion of the undeveloped right-of-way proposed for closure and abandonment. Parcel 3 on Map 53B, Group G, owned by Mr. Frye, is contiguous with the right-of-way on the eastern boundary. COOKEVILLE PLANNING COMMISSION 3 APRIL 23, 2007 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 • Purchase of property based on a value established by the City Manager (appraisal and recording costs to be paid for by the petitioner) The applicable city departments have reviewed the closure and abandonment request. The Water, Sewer and Gas Department indicate that they have no facilities within the right-of- way. The Electric Department indicates the retention of a utility easement would be necessary if the right-of-way is closed and abandoned. The Public Works Department has recommended that the right-of-way not be closed and abandoned as this time. Of particular concern is the potential use of the right-of-way for the construction of a greenway through the area and the possibility of Poplar Avenue being extended at some future time. Staff recommended denial of the request. Don Prince made the motion to deny the request. Tod Williams seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION 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. James Mills stated that Mr. Randy Porter, Putnam County E-911 Director, on behalf of property owner David Burnett, has submitted a request that a portion of property located at 699 South Willow Avenue be rezoned from RS-10, Single Family Residential to CG, General Commercial. The property is identified as a portion of Parcel 9 on Tax Map 66A, Group A consisting of approximately 11.2 acres. The parcel in its entirety consists of approximately 25.3 acres with approximately 14.1 acres already zoned as CG. The rezoning is request for the purpose of relocating the Putnam County Health Department and EMS facility. Based on information provided by Mr. Porter, Putnam County would only be purchasing a portion of the subject property, approximately 16 acres of the western portion. Mr. Burnett would retain the front approximate 9 acres for other potential commercial development. COOKEVILLE PLANNING COMMISSION 4 APRIL 23, 2007 The portion of the property proposed for rezoning is contiguous with RS-15 zoning to the west, with RS-5 and CG zoning to the south, with RS-10 and CG zoning to the east, and with RS-15 and RS-10 zoning to the north. The Future Land Use Concept Plan depicts the portion of the property proposed for rezoning as being best suited for low density residential development. During the past 20 years this parcel has undergone significant commercial rezoning (see attached maps). In 1988, commercial zoning extended on the property approximately 300 feet west of Willow Avenue. In 1990, an area in the middle of the parcel extending approximately 400 feet further west of Willow Avenue was rezoned as commercial. When the current Zoning Code and Zoning Map were adopted in 2001, commercial zoning on this property was extended further west approximately 400 more feet to its present location. As a part of the 2001 rezoning, a 350 feet wide area of RS-10 zoning was retained on the western and northern boundaries of the property. This area of RS-10 zoning was intended to serve both as a buffer for the established residential areas to the west and north and to allow the property owner a feasible development of his property. The Planning Department has several concerns regarding the requested rezoning. Of primary concern is the affect of the commercial zoning encroachment on the nearby residential development, particularly the impact of increased traffic and noise. Based on a submitted preliminary site plan, a landscaped area 100 feet width would be provided and maintained along the western and northern boundaries of the property. This would greatly exceed the 20 feet wide buffer and landscape yard that is required by the Zoning Code for non-residential developments. Mr. Porter has also indicated that berm, approximately 13 feet in height, would be provided along the western property line. It is unclear whether a berm is planned along Lone Oak Drive. The plan also indicates that the proposed development would be primarily accessed from South Willow Avenue at an existing signalized intersection. An emergency access point to Lone Oak Drive is indicated on the plan. Mr. Porter has indicated that this emergency access would be used only if access to South Willow Avenue was blocked. He has also indicated that the access point on Lone Oak Drive would be gated with a screened gate. It is assumed that the planned berm would lessen the potential noise impact on the surrounding area. It should be noted that the proposed uses of the property would appear to have less potential negative impact on the surrounding residential area in terms of traffic and hours of operation than many of the commercial uses allowed in the CG District. Also it could logically be argued that if the property is developed as proposed there would be less traffic impact, especially on Lone Oak Drive, than if the portion of the property proposed for rezoning was developed as a residential subdivision with approximately 25 lots. Additionally some property owners along the western edge of the subject property may prefer the proposed installation of a 100 feet wide landscaped buffer yard over the potential residential development of the property. The Planning Department has received numerous calls and comments from nearby property owners concerned about the proposed rezoning. A copy of materials, submitted by one of the property owners, addressing some of the concerns was distributed to the Planning COOKEVILLE PLANNING COMMISSION 5 APRIL 23, 2007 Commission members. The concerns include: consistency with the city’s long range plans, removing of a land buffer, noise, and traffic. The Planning Department is especially concerned about the extension of CG zoning to include the entire property, particularly to include frontage on Lone Oak Drive. While the submitted site plan indicates that a significant portion of the property would be used as a buffer area, once the property is rezoned it can be used for any purpose allowed in that zone. If at some point in the future the county decides that expansion is necessary in the western area identified as a landscape buffer yard it could do so to within the 20 feet setback/buffer yard requirement. Also, full access to Lone Oak Drive and even commercial development off Lone Oak Drive could not be prevented if some future commission or property owner decided it was desirable. The only way to ensure that non-single family development never encroaches closer to the existing residential areas is to retain single family residential zoning. Staff recommended denial of request as submitted. Randy Porter, Director of the Putnam County Emergency Communication District and Gene Mullins, Putnam County Commissioner, gave an presentation on the history of looking for land for the Ambulance Service and why they thought this property was a good location. They stated that the property on South Willow Avenue would be the base station and the property on Carlen Drive would be turned into a substation. They added that the plan for the ambulance service and health department was a 10 year plan and they would need the additional residential land for expansion in the future. They also discussed the noise level of the sirens and stated that there would be minimum noise to the surrounding areas. Mr. Mullins stated that there was currently enough commercially zoned property to locate the ambulance service, and that the rezoning was needed so the Health Department could also locate on the property. Mr. Porter noted that the site plan shows a 100’ buffer from the western property line and 100’ on the northern property line off of Lone Oak Drive. The plan also shows a secondary emergency access road that extends out to Lone Oak Drive. Mr. Mullins stated that a 13’ ft. high berm is planned on the western property line but it would not be a solid berm. Mr. Porter stated that if the residents were concerned about the access road at Lone Oak that it would only used in the event of an emergency when they couldn’t get out at the light on South Willow Avenue. The plan also shows the possibility of a walking trail if the residents in the area would be in favor of a trail in the area. Josephine McQuail stated that she was insulted when they implied that the sirens don’t make much noise. She felt that this location was poor planning on behalf of the County. Forest Hills Subdivision is a nice, quiet neighborhood. There are elderly people that enjoy walking in this area and there is wildlife too. Ms. McQuail wondered if anyone thought about the Hotel on the corner of Lone Oak and how the noise would affect travelers staying in our town. She was also concern that the property values would decrease if the ambulance service is located there and it might make it difficult to sell a home that was adjacent to or close to this development. She was opposed to extending the commercial zone into the residential area. COOKEVILLE PLANNING COMMISSION 6 APRIL 23, 2007 Ronnie Kelly, 529 Wade Lane, stated that previous rezonings of this property had encroached on the residential neighborhood on several occasions and he was concerned with the noise levels and how it will affect the area. Mr. Kelly added that the Comprehensive Future Land Use Plan of the City of Cookeville stated the following: “A major goal of the Cookeville Future Land Use Concept Plan is to preserve the quality of life in the municipality by protecting the established residential areas and by identifying areas for future residential development. It is intended to maintain these areas in the present densities with close proximity to commercial and employment areas yet buffered from excessive noise and traffic and from incompatible development.” Lee Currier, 495 Lone Oak Drive, stated the following: (1) The proposed rezoning request is not consistent with the “Future Land Use Plan 1999 to 2020” developed by the Cookeville Regional Planning Commission, (2) The proposed rezoning request is asking the Planning Commission to rezone land that was rezoned in the last 7 years, (3) The proposed rezoning would remove 350’ land buffer protection for the residential neighborhood, (4) If land is rezoned and EMS is located on this land, then the noise will exceed acceptable levels as stated in the City’s anti-noise regulations, and (4) Concerns about traffic control and impact on the neighborhood. Mr. Currier also gave a brief presentation on sound levels and the distance in which it travels. The Planning Commission stated that their vote was not for or against the Emergency Management Services or the Health Department, but they have to look at the safeguards that will protect the neighborhood and minimized the impact. The Planning Commission shared their concerns about not having complete access to Lone Oak Drive, but would allow minimum access in the event of an emergency and if that was the only way that they could get out. There was also concern about setting a precedent by expanding the zoning further back, and concern about having sufficient buffering between the commercial property and the residential property. The Planning Commission asked if the footprint of the buildings could be reduced by building them up and not out to reduce the land area that would be needed and help leave more green area. Peter Metts, AEI, stated that it would be possible to make the buildings two stories. The question was raised as to the cost of the land and the cost of the EMS and Health Department buildings. Kim Blaylock stated that the land cost $1.6 million dollars and the buildings would cost $16 million dollars. There were concerns by property owners if the County was using the taxpayer’s money wisely to locate at this site. The Planning Commission discussed a modification of the rezoning proposal that would allow the development and provide more permanent protection to the surrounding residential properties. Staff suggested reducing the portion of the property to be rezoned to follow the proposed buffer area. COOKEVILLE PLANNING COMMISSION 7 APRIL 23, 2007 County Executive, Kim Blaylock, and County Attorney, Jeff Jones, and Randy Porter, Director of the Putnam County Emergency Communications and Gene Mullins, County Commissioner all agreed to record a deed restriction that states the following: (1) That the property that was not rezoned to CG will stay as a permanent greenway for the residents in the area and the zoning will remain RS-10 (Single-Family Residential), (2) The County will construct a landscaped berm on all sides that are adjacent to the residential zones, and (3) That the secondary emergency access off of Lone Oak will be used only if the entrance on South Willow was blocked. The Planning Commission was in favor of the deed restrictions that the County will put into place to protect the residential areas. Dr. Roy Loutzenheiser made the motion to deny the request as submitted. Nina Lunn seconded the motion and the motion carried unanimously. DENIED ORIGINAL REQUEST. Dr. Angelo Volpe then made a motion to approve rezoning from RS10 (Single Family Residential) to CG (General Commercial) the portion of property extending to within 100’ of the western property line and to within 25 feet from the southern property lines of the parcels on Lone Oak Drive. Dr. Roy Loutzenheiser seconded the motion. Votes: Dr. Roy Loutzenheiser--aye, Nina Lunn--aye, Don Prince--nay, Jim Stafne--aye, Dr. Angelo Volpe-- aye, Chris Wakefield—nay, Ryan Williams--aye, and Tod William--aye. Motion carried. MODIFIED REQUEST APPROVED. CONSIDER FOR ACTION AMENDMENTS TO SECTION 208, LANDSCAPING, SCREENING AND BUFFER YARD REQUIREMENTS. REQUEST SUBMITTED BY STAFF. James Mills stated that due to the length of the meeting, he recommended that this item be postponed until next month’s meeting. Nina Lunn made the motion to postpone this item until next month’s meeting. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. POSTPONED. Tod Williams made the motion to take the following items for study. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR ACTION ANNEXATION OF SOUTHERN WOODS – BUNKERHILL ROAD AREA. REQUEST SUBMITTED BY SOUTHERN WOODS PROPERTY OWNERS. STAFF HAS REQUESTED THAT THIS ITEM REMAIN AS A STUDY ITEM FOR ANOTHER MONTH. (2) CONSIDER FOR STUDY REZONING 805 NORTH WHITNEY AVENUE FROM UNV (UNIVERSITY) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JUDY NGUYEN. (3) CONSIDER FOR STUDY REZONING 2160 DENTON AVENUE FROM RM8 (MULTI-FAMILY RESIDENTIAL) TO RM14 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY CHARLIE SOARD. STAFF REPORTS: COOKEVILLE PLANNING COMMISSION 8 APRIL 23, 2007 (1) MINOR PLAT APPROVALS: • P & J PROPERTIES – RESUBDIVISION LOTS 2-4 OF ARC BUILDERS LLC DIVISION – 1 LOT LOCATED ON SALEM CHURCH ROAD & HIGHWAY III – JOANN HARDY. • FRED BIRDWELL PROPERTY – 2 LOTS LOCATED ON NORTH FERGUSON AVENUE – FRED BIRDWELL. ADJOURNMENT: 8:10 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION