Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES AUGUST 27, 2007 The Cookeville Planning Commission met on Monday, August 27, 2007 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, Jim Stafne, Dr. Angelo Volpe, Chris Wakefield, Ryan Williams, and Tod Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Suzanne Garnmeister. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Don Prince made the motion to approve the agenda with the addition of Study Item #3: Consider for Study Amending the Cookeville Zoning Code pertaining to Section 207, General Sign Regulations for the purpose of allowing off-premise signs along the corridor of Interstate 40 and Highway 111 to meet certain Tennessee Department of Transportation (TDOT) requirements. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JULY 23, 2007. Don Prince made the motion to approve the minutes of July 23, 2007. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST TO REZONE PROPERTIES LOCATED ON BUCK MOUNTAIN ROAD (TAX MAP # 52, PARCELS 6.00, 7.00 & 8.00) FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) AND PRELIMINARY PRD PLAN FOR OAK TRAIL SUBDIVISION. REQUEST SUBMITTED BY JOSEPH ROBERTSON. James Mills stated that Mr. Joseph Robertson, on behalf of property owners Lawrence Feldhaus and Willie Sherfield, has submitted for approval a Preliminary PRD Plan for Oak Trail and a request to rezone from RS-10, Single Family Residential to PRD, Planned Residential Development three (3) parcels located off Buck Mountain Road identified as Parcels 6.00, 7.00, and 8.00 on Tax Map 52. The properties proposed for PRD zoning are contiguous with PRD zoning to the north, with RS-20 zoning to the south, and with RS-10 zoning to the east and west. State Highway 111 right-of-way borders the property to the west. The properties are also contiguous to the north and east with the Ridgecrest Subdivision, an existing PRD development. Combined the three (3) parcels consists of approximately 2.7 acres. There is some question as to whether the proposed rezoning complies with specific requirements of the Zoning Code. The Planning Department requested the opinion of the City Attorney regarding the compliance with the Zoning Code. The City Attorney has concluded that the proposed rezoning does not comply with the minimum lot area requirement of five (5) acres and that the adjoining PRD district cannot be used to meet the requirement because the proposed PRD will not be integrated into the old PRD. He is also of the opinion that the proposed development is not a part of the adjacent PRD plan and does not qualify as an extension of the existing PRD. Staff recommended denial of the rezoning request. Tod Williams made the motion to deny the rezoning request. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION A REQUEST TO REZONE 900 NORTH WASHINGTON AVENUE FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY CHRIS DAWSON ON BEHALF OF MARTIN MEDLEY AND L. A. ALLEN. James Mills stated that Mr. Chris Dawson, on behalf of property owners Martin Medley and L. A. Allen, has submitted for approval a request to rezone from RS-10, Single Family Residential to CL, Local Commercial property COOKEVILLE PLANNING COMMISSION 2 AUGUST 27, 2007 located at 900 North Washington Avenue and identified as Parcel 2.00 on Tax Map 40N, Group F. The property proposed for rezoning is contiguous with CL zoning to the north and east and with RS-10 zoning to the south and west. According to the records of the Putnam County Tax Assessor, the property consists of approximately 1.8 acres. The parcel has street frontage on North Washington Avenue to the east, East 10th Street to the north, and East 9th Street to the south. North Washington Avenue, which is State Highway 136, is classified as a Major Arterial Street. East 10th and East 9th Streets are classified as Minor Collector Streets. The Future Land Use Plan indicates that the subject property is best suited for either residential or local commercial purposes. According to the latest FEMA report a portion of the property is located within a flood hazard area. The rezoning petition indicates that the purpose of the rezoning is to relocate the existing Citizen Bank facility located at the corner of North Washington Avenue and East 10th Street and to construct a Walgreens retail establishment. A submitted site plan indicates that the parcel on which the bank facility is currently located, Parcel 1.00 on Tax Map 40N, Group F, would be combined with the parcel proposed for rezoning. Parcel 1.00 is already zoned as CL. The plan depicts the bank being relocated to the southern or East 9th Street portion of the combined property with the Walgreens being located on the northern or East 10th Street portion. Shared access points to East 10th Street and North Washington Avenue are proposed with no access to East 9th Street indicated. A number of property owners, including the owners of parcels on Allen Avenue contiguous with subject property to the west, have contacted the Planning Department to register their opposition to the rezoning. The primary concerns mentioned have been the potential negative impact on property values, increased traffic, and commercial encroachment into a residential area. Another issue is the implication that the proposed Walgreens will be open 24 hours a day. This creates increased concern regarding the impact of noise and lighting. It should also be noted that a petition has been submitted to the Historic Zoning Commission requesting the establishment of a Historic District that would include the subject property. The Historic Zoning Commission is currently studying this proposal. If the property is rezoned to CL and is also included in a Historic District, any design guidelines developed for the Historic District would apply to the property but would not prevent it from being developed for commercial purposes. The commercial development of the subject property will result in a traffic increase; however, the property is located on a Major Arterial Street which is appropriate for CL zoning. The indication on the site plan that there will be no access to the property from East 9th Street should reduce the impact on the residential area to the west. There is some concern regarding the proposed access to the property from North Washington Avenue primarily due to the current western merge lane in front of the property. The site plan also indicates that the elevation of the proposed commercial development would be significantly lower than the adjacent residential properties which should help to reduce the potential noise and lighting impact. It should be stressed that the site plan is not binding and if the property is rezoned there is no assurance that it will be developed as depicted on the plan. As the Planning Commission is aware, the city currently does not have architectural or design standards, with the exception of Historic District requirements. Inclusion of the property within a historic district would help to ensure, that however the property is developed, that any structures are architecturally compatible with the other structures within the district. Preliminary results from a Historic Zoning Commission survey indicate; however, that there is not enough interest from nearby residential property owners to establish a comprehensive district that would include the subject property. Lacking any formal obligation from the property owners, such as deed restrictions or covenants, if the property is rezoned it could be used for any use permitted in the CL District subject to compliance with the provisions of the Zoning Code. A previously noted, a portion of the site proposed for the development is already zoned as CL. The developed residential properties to the west and south are currently buffered and screened from this existing commercial development by existing vegetation on the property proposed for rezoning. It is likely that much of this vegetation would be removed whether COOKEVILLE PLANNING COMMISSION 3 AUGUST 27, 2007 the property is developed for residential or commercial purposes. The Zoning Code has specific buffering and screening requirements for commercial uses which are intended to minimize the impact on adjoining residential properties. While there are legitimate concerns regarding the proposed rezoning, the property appears to be more suitable for some type of light commercial development rather than residential development. Staff recommended approval of the request. The Board was concerned with the external traffic on the proposed site plan and a possible conflict with the proposed access on North Washington Avenue. It was suggested that the State be contacted about changing the merge lane to a right turn only lane and adding additional signage. The Board was also concerned about the impact of commercial uses on the surrounding residential areas along with the additional traffic in an existing congested area. Peter Metts, AEI, stated this site has been studied for 2 years and that it had already been approved by the Walgreens Real Estate Committee. Walgreens and Citizens Bank have taken a step forward to upgrade their site plan to blend in with the neighborhood. This site has a 10’ lower elevation than the property located on Allen Avenue. There will be a 6’ privacy fence with plantings in the front of the fence. Ben Baggett stated that their family owns 2 of the lots on Allen Avenue and use to be the owner of the vacant lot where the rezoning is being requested. His family is opposed to the rezoning because there are too many unanswered questions. The site plan does not meet the City Codes. It shows a 10’ buffer, instead of the required 30’ buffer. They were concerned about what would be visible from the back of the building, air conditioning units, satellite etc. They were also concern about the effect the commercial zone would have on their property values and the existing congested traffic in the area. Bill Ray, 905 Allen Avenue, was opposed to rezoning to commercial because their property backs up to this site. Mr. Ray stated that this rezoning would change the quality of life for the residences. He was concerned about the increase in noise and traffic in the area. Marta Sliger stated that there is already a lot of traffic on 9th & 10th Streets due to the Prescott Middle School and felt that the City should get input from the County on the planning of their schools and the effect on the neighborhoods. Sandra Bush, 718 North Washington, stated that several of the older homes in the area had been restored and she was concerned about the effect of the encroachment of commercial on the existing neighborhood. Rebecca Ting, 523 North Washington, stated that she was concerned about the traffic and the future widening of North Washington to 5 lanes and its effect on the existing neighborhood. Don Smith wanted to know about the storm water plan. Mr. Dawson replied that they have developed an underground retention plan to be reviewed by the appropriate city departments. Martin Medley stated that he and Mr. Allen would agree to putting a restriction in a document concerning that the property would be developed as depicted on the site pan reviewed by the Commission. The Board would like to see the owners voluntarily place a restriction stating that if this deal falls thru that the site plan would have to come back to the Planning Commission to be reviewed. The Board would like to see a further study on the traffic flow. Ryan Willliams requested that the developer commit to having the rear side of the proposed buildings constructed under the same finish materials as the other sides. Mr. Dawson stated that if it was acceptable to the Commission he would have his engineers meet with the city’s engineers and Mr. Loutzenheiser to look at the traffic flow. The COOKEVILLE PLANNING COMMISSION 4 AUGUST 27, 2007 Commission agreed that this would be acceptable. Mr. Dawson also agreed to stipulate that all four sides of the building would have the same exterior finishes. Ryan Williams made the motion to postpone until next month. The Board requested the following: (1) that the developer and owner bring back a new site plan, (2) a traffic study by the city’s and developers engineers of both major roads 10th & North Washington and the site be completed, and the accessibility if necessary to 9th Street and (3) that the property owner bring back the wording on a contract or deed that if the proposed development falls thru that a new the site plan will be submitted for approval by the Planning Commission. Don Prince seconded the motion and the motion carried unanimously. POSTPONED. Note: Don Prince had another commitment and had to leave after the rezoning request and was not present and did not vote on the Final Plat of Remington. CONSIDER FOR ACTION RESUBMITTAL OF FINAL PLAT OF REMINGTON, 9 LOTS LOCATED OFF NORTH PICKARD AVENUE. REQUEST SUBMITTED BY HAROLD EVANS. (THE PROPERTY OWNER IS APPEALING THE DECISION OF THE PLANNING COMMISSION ON JULY 23, 2007.) James Mills stated that Mr. Harold Evans has resubmitted for approval a Final Plat of Remington for the purpose of appealing the Planning Commission’s decision to require that the total number of lots in the subdivision be reduced from nine (9) lots to eight (8) lots either by combining Lots 7 through 9 into two (2) lots or combining Lots 8 and 9 into one (1) lot. The proposed subdivision consists of approximately 4.77 acres and is zoned as RS-10, Single Family Residential. Conditional preliminary plat approval for the proposed subdivision was granted at the November 2006 meeting of the Planning Commission. A request to approve two (2) flag lots was denied by the Planning Commission at preliminary approval and the submitted Final Plat was reduced from 11 to nine (9) lots. The subdivision was granted conditional final approval at the July 2007 meeting of the Planning Commission. The conditions for approval included the reduction of lots, the completion of certain plat revisions, including the addition of a notation specifying that culvert sizes and stream crossings must be reviewed and approved by the Public Works Department, and the submittal of a Financial Guarantee acceptable to the Water Quality Control Department for the completion of the required sewer extension. Mr. Evans was not present at the July 2007 meeting. The July decision to require the combination of lots was based primarily on the flood plain encumbrance from a stream which traverses the northern portion of the subdivision. It should be noted that the plat submitted to the Planning Commission depicted only the top of the bank of the stream. An additional area of at least 20 feet in width from the top of the bank on either side is defined as a flood plain by the FEMA guidelines specified in the Cookeville Subdivision Regulations and Zoning Code. The northern portion of the subdivision is also encumbered by a sewer line easement 20 feet in width. Due to these impediments, the Planning Commission determined that there was not an adequate building site on Lot No. 9. Land physically unsuitable for subdivision is defined in Article IV of the Cookeville Subdivision Regulations and includes land where flooding, sink holes, bad drainage, steep slopes, rock formations and other such features exist which may endanger health, life or property. Article IV also specifies that such land shall not be approved for subdivision unless adequate methods are formulated by the developer for meeting the problems created by subdivision of such land. The flooding potential of the subject stream has been documented. Staff recommended denial of the appeal, unless the developer can show that there is an adequate building site on the proposed Lot No. 9. Harold Brown, representative for Harold Evans, showed that there was a building site on Lot No. 9. Skip Bartlett, surveyor for the plat, stated that they could fit a 30’ x 60’ house west of the sewer line. COOKEVILLE PLANNING COMMISSION 5 AUGUST 27, 2007 Pat Long, property owner in the area, was still concerned about the water flow in this area. James Mills stated that the City had replaced the culvert on Pickard and that it would double the capacity for carrying water in the area. Tod Williams made the motion to approve the appeal to allow Lot #9 as a building site, subject to the depicting the house on the final plat. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. 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 38 EAST BORDEN STREET FROM RM8 (MULTI-FAMILY RESIDENTIAL TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY DANNY BURGESS ON BEHALF OF BEVERLY HENSLEY. (2) CONSIDER FOR STUDY REZONING 777 SOUTH WILLOW AVENUE FROM RS5 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY J & S CONSTRUCTION ON BEHALF OF HEAVENLY HOST LUTHERAN CHURCH. (3) CONSIDER FOR STUDY AMENDING THE COOKEVILLE ZONING CODE PERTIANING TO SECTION 207, GENERAL SIGN REGULATIONS FOR THE PURPOSE OF ALLOWING OFF-PREMISE SIGNS ALONG THE CORRIDOR OF INTERSTATE 40 AND HIGHWAY 111 TO MEET CERTAIN TENNESSEE DEPARTMENT OF TRANSPORTATION REQUIREMENTS. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • GAMMON DIVISION – 2 LOTS LOCATED ON WEST 17TH STREET – TONY GAMMON. • LOTS 58-65 OF CAMERON’S ADDITION – 2 LOTS LOCATED ON NORTH JEFFERSON AVENUE – JAMES DRAPER. • RESUBDIVISION OF ROBERT BRADLEY DIVISION – 2 LOTS LOCATED ON EAST 15TH STREET – HABITAT FOR HUMANITY. • FARMINGTON WOODS – REPLAT OF LOTS 23, 24 & 25, PHASE I – 2 LOTS LOCATED ON FARMINGTON DRIVE – PLANTATION PROPERTIES. (PLANNING REGION) • CLARK DIVISION – RESUBDIVISION OF SWEETLAND WEST COMBINATION PHASE II – 2 LOTS LOCATED ON WEST JACKSON STREET – C. J. CLARK. • JAMES ELDER DIVISION – REDIVISION OF LOT #1 – 2 LOTS LOCATED ON DRY VALLEY ROAD – JAMES ELDER. (2) STATUS OF ROAD ALIGNMENT OF SOUTH JEFFERSON BUSINESS PARK, PHASE II. James Mills reported that the Planning Commission at their July 23, 2007 meeting granted conditional Preliminary Plat approval for the South Jefferson Business Park, Phase II, subject to straightening the proposed road with the approval of the Public Works Department. Greg Brown, Director of Public Works, reviewed the plat and preferred that the road not be straightened. ADJOURNMENT: 7:20 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION