Planning Commission
Regular MeetingCookeville, TN · October 22, 2007
Minutes
COOKEVILLE PLANNING COMMISSION
MINUTES
OCTOBER 22, 2007
The Cookeville Planning Commission met on Monday, October 22, 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. Dr. Angelo Volpe
made the motion to approve the agenda as submitted. Don Prince seconded the motion and
the motion carried unanimously. APPROVED.
CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 24, 2007. Don
Prince made the motion to approve the minutes of September 24, 2007. Dr. Angelo Volpe
seconded the motion and the motion carried unanimously. APPROVED.
CONSIDER FOR ACTION REZONING 270 WHITSON AVENUE FROM RS5
(SINGLE-FAMILY RESIDENTIAL) TO RS10 (SINGLE-FAMILY
RESIDENTIAL). REQUEST SUBMITTED BY THOMAS HADLOCK. THE
PROPERTY OWNERS AT 527 EAST HUDGENS STREET AND 207, 220, 221, 227,
230, 239, 254, 260, 282 & 291 WHITSON AVENUE WOULD LIKE TO BE
INCLUDED IN THE REQUEST. James Mills stated that Mr. Thomas Hadlock, on
behalf of several property owners along Whitson Avenue, has submitted for approval a
request to rezone from RS-5, Single Family Residential to RS-10, Single Family
Residential an area generally bounded by South Maple Avenue to the east, Dyer Avenue
and an unnamed alley to the west, East Stevens Street to the south and East Hudgens Street
to the north.
The area proposed for rezoning consists of 34 parcels comprising approximately 16.4 acres
and is contiguous with RS-5 zoning to the west and north, with RS-5 and RS-15 zoning to
the east, and with RS-15 zoning to the south. Mr. Hadlock’s rezoning request included a
petition signed by the owners of 14 additional parcels favoring rezoning. He indicates in
the petition that the purpose of the request is to preserve the integrity of the neighborhood.
No property owners along Dyer Avenue are indicated in the petition as being in favor of
the rezoning.
The RS-5 and RS-10 zoning districts have the same permitted uses and are both intended
primarily for single family residential development. The differences between the two
districts are in minimum lot size and setback requirements. The current RS-5 zoning
requires a minimum lot size requirement of 5,000 square feet, front setbacks of 20 feet,
rear setbacks of 15 feet, and side setbacks of 7.5 feet. The proposed RS-10 zoning requires
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a minimum lot size of 10,000 square feet, front setbacks of 25 feet, rear setbacks of 20 feet,
and side setbacks of 10 feet.
A land use analysis of the area indicates that all of the properties within the area proposed
for rezoning comply with the minimum lot size requirements of the RS-5 zoning district.
Nine (9) of the 34 parcels would not comply with the RS-10 minimum lot size
requirement. Six (6) structures currently do not comply with the front setback requirement
of the RS-5 zoning district and an additional eight (8) structures would not comply with the
greater front setback of the RS-10 zoning district. All parcels made nonconforming by the
proposed rezoning would be grandfathered. The primary impact on the parcels proposed
for rezoning, other than those that would become nonconforming, is the reduction in the
potential for resubdivision. Approximately 14 lots that could potentially be subdivided
under the current RS-5 zoning are not large enough to be subdivided under the proposed
RS-10 zoning.
Based on the submitted request and petition a majority support for the proposed rezoning is
not indicated. The Planning Department has also been contacted by the owners of four (4)
other parcels. Mr. Clyde Allen, the owner of the properties at 452 Proffitt Street and 240
Whitson Avenue, has indicated that he is opposed to the rezoning of his property at 452
Proffitt Street but would not be opposed to the rezoning of his property at 240 Whitson
Avenue. Ms. Julie Owens Robinson, the owner of the property at 249 Whitson Avenue
has informed the Planning Department that she would not be opposed to the rezoning of
her property. Mr. Gary Whitehead, the owner of the property at 283 Whitson Avenue has
indicated that he is opposed to the rezoning.
Based on the information available, there appears to be support for the proposed rezoning
only from property owners along Whitson Avenue. The inclusion of the properties owned
by Mr. Allen and Ms. Robinson on Whitson Avenue would indicate that the owners of 16
of the 24 parcels, or 66%, along on Whitson Avenue either favor or are not opposed to
rezoning to RS-10.
Staff recommended approval of rezoning from RS-5 to RS-10 parcels fronting Whitson
Avenue from East Stevens Street to East Hudgens Street
Tom Hadlock, 270 Whitson Avenue, stated that most of the lots on Whitson are larger than
10,000 sq. ft. and they would like to preserve the integrity of their neighborhood by
keeping the lots larger to prevent additional subdividing of property in the future.
Dr. Angelo Volpe made the motion to approve revising the rezoning request according to
staff’s recommendation. Don Prince seconded the motion and the motion carried
unanimously. APPROVED, REZONING TO RS-10 (SINGLE-FAMILY
RESIDENTIAL.
CONSIDER FOR ACTION REZONING PROPERTIES ALONG NORTH
WASHINGTON AVENUE AND 10TH STREET TO CN (NEIGHBORHOOD
COMMERCIAL). REQUEST SUBMITTED BY STAFF. James Mills stated that at
the request of the Planning Commission the Planning Department has completed a
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comprehensive study on the current zoning of certain properties along East 10th Street and
North Washington Avenue. The purpose of this study was to evaluate the appropriateness
of the current CL, Local Commercial zoning of the area and to examine the feasibility of
CN, Neighborhood Commercial zoning.
While the CL and CN zoning districts both allow commercial land uses there are
significant differences between the two. The CN district is the most restrictive commercial
district within the city. Structures within the CN district are required to be compatible in
terms of scale and appearance with nearby residential structures. There is no such
requirement within the CL district. Assuming a recently recommended amendment is
approved by the City Council, the maximum square footage of any development within the
CN district is 15,000 square feet. The maximum square footage of the CL district is
50,000 square feet. The CN district requires a minimum lot size of 5,000 square feet while
there is no minimum lot size requirement in the CL district. Maximum lot coverage in the
CN district is 50 % and is 60 % in the CL district. The CN district requires a minimum
side yard setback of 10 feet while there is no side yard setback in the CL district.
There are also very significant differences in the types of land uses permitted in the two
zoning districts. The CN district is intended to blend with and minimally impact nearby
residential properties. Single family and duplex residential developments are allowed in
the CN district but are prohibited in the CL district. Multi-family residential is allowed in
the CL district but is prohibited in the CN district. The CL district allows numerous
private service and commercial uses that are not allowed within the CN district. These
include: hotels and motels, auto and truck repair, new and used auto sales, check advance
and title loans, funeral homes, kennels and veterinary clinics, night clubs and taverns,
pawn shops, small engine repair, tattoo parlors, convenience stores, gasoline sales, drive
through restaurants, sale of storage buildings and cabinet shops.
The area studied for rezoning consists of 78 parcels generally fronting along North
Washington Avenue from East 10th Street north to the railroad right-of-way and along East
10th Street from North Washington Avenue east to Fisk Road and comprises an area of
approximately 100 acres. The portion along East 10th street is bordered to the north and
south by established single family residential developments. The portion along North
Washington Avenue is bordered by single family residential development to the east and
by Prescott Central Middle School to the west. This study area was identified because of
several factors which would appear to make it appropriate for CN zoning.
The area has many of the characteristics appropriate for CN zoning, including lot and
structure size and the nature of existing and surrounding land uses. Few lots within the
study area, with the exception of the parcels located to the southeast and northwest of the
intersection of East 10th Street and North Washington Avenue, are large enough for a
development of 50,000 square feet as is permitted in the CL district. There are only six (6)
developments in the entire study area that exceed the 15,000 maximum square footage
requirement of the CN district. The four (4) largest are the Northside Center at
approximately 49,000 square feet, the Village Center at approximately 27,000 square feet,
the 1st Cumberland Presbyterian Church at approximately 26,000 square feet, and the old
skating rink at approximately 18,000 square feet.
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Much of the study area has developed as a transition from primarily single family
residential to commercial use. Several of the current commercial uses are located in
structures that were previously used for single family residences and there are 13 occupied
single family residences remaining in the area. A land use inventory indicates that only 24
of the 78 parcels, or 31 %, are used for purposes that would be nonconforming if the area
was rezoned to CN. A copy of this inventory is attached. Any use made nonconforming
by a zoning action is grandfathered and protected by TCA Section 13-7-208. Such uses
can remain in perpetuity, can be expanded as long as additional property is not acquired,
and have 30 months to be re-established if the use is discontinued. The largest
concentration of uses that would be nonconforming in the CN district are located from just
west of Brown Avenue to west of Fisk Road. A second concentration of potentially
nonconforming uses is located to the north of the intersection of North Washington
Avenue and East 10th Street.
Perhaps the most important reason for considering the feasibility of CN zoning for all or
portions of the study area would be the benefits to the general welfare of the immediate
area and the municipality as a whole. The ability to have some control over the appearance
of structures along one of the main routes into the heart of the city would enhance property
values and minimize impact on nearby residential developments. Limiting the size of
structures would also minimize the impact of commercial development on the adjacent
residential areas. Removing the impact that a potential large scale commercial
development could have on an already strained major thoroughfare would help to slow
traffic increase, improve public safety, and lessen the need for infrastructure
improvements.
The Future Land Use Plan indicates that the entire study area is best suited for commercial
and private service uses of a neighborhood scale, which is defined in the plan as a market
area of one to two miles. The CL and CN are both appropriate zones for this land use
category. Several goals and objectives identified in the Future Land Use Plan for the
development of the city could be addressed through the implementation of CN zoning
within the study area. This includes the primary goal to “preserve, protect and enhance the
quality of life in Cookeville while encouraging a more harmonious and higher standard of
development”.
Based on the analysis completed by the Planning Department it appears that two (2)
different sections of the study area would be more appropriately zoned as CN. The first
area contains seven (7) parcels comprising approximately 10.3 acres located at the
intersection of Fisk Road and East 10th Street. No existing uses within this area would be
nonconforming if rezoned to CN. One development is approximately 100 square feet over
the maximum square footage allowed under CN. The owners of the property located at the
northeastern intersection have indicated that they are attempting to locate a restaurant with
drive through service and are opposed to rezoning to CN.
The second section contains 42 parcels consisting of 49.3 acres located along East 10th
Street from North Washington Avenue east to approximately Mitchell Avenue and along
North Washington Avenue from East 10th Street north to the railroad right-of-way. There
are nine (9) uses in this area that would be nonconforming if rezoned to CN. Two
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developments exceed the maximum permitted square footage allowed in the CN district.
This area also includes the greatest amount of undeveloped properties and the largest
concentration of single family residential structures.
One section of the study area is recommended to remain zoned as CL. This area consists
of 29 parcels comprising approximately 40.1 acres along East 10th Street from east of
Mitchell Avenue to west of Fisk Road. The primary reason for excluding this section is
the number and nature of uses that would be nonconforming if rezoned to CN. Many of
the land uses within this area that would become nonconforming under CN are relatively
new and/or are of such a scale that it is unlikely that the intent of the CN zoning district
could ever be achieved. Additionally, there are certain uses in this section that could be
considered beneficial or desirable to the nearby residential areas which would not be
permitted under CN zoning.
Staff recommended approval of rezoning to CN two (2) sections of the study area.
Bill Walker, property owner of the northwest corner of North Washington Avenue and
East 10th Street, stated that he was opposed to the rezoning request. He felt that the
shopping center was the highest and best use of his property.
Nina Lunn asked for clarification about the nonconforming status of the properties
discussed. Mr. Mills replied that the property owners will be able to tear down and rebuild
and stay as the same use as long as the property owner wants. The new building would
have to meet current setbacks. If a use discontinues for 30 months, then it has to conform
to all current regulations.
Dr. Roy Loutzenheiser stated that the Planning Commission plan for the short term and
long term, but should look at long term first. Commercial Neighborhood allows for
growth but is not overbearing.
Nina Lunn felt that the Commission should look at rezoning all the area defined on North
Washington and 10th Street. Several properties on 10th Street are new construction and she
didn’t think that they would be leaving anytime soon.
A property owner on Fisk Road stated that she had to deal with the High School and
Prescott traffic and agreed that the CN zone would be better protection for the
neighborhood.
Ryan Williams stated that the Commission also looks at the protection of surrounding
property owners. He was concerned that if the City did not provide certain services like
gas stations and fast food restaurants on 10th Street that the residents in the area would go
to Algood.
Marvin Barker, property owner on Timber Lane, stated that he purchases his gasoline on
South Washington Avenue and that he goes to South Jefferson Avenue for fast food and
that he doesn’t shop in Algood. Mr. Barker added that the commercial should be in
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harmony with the residential and that the Board should look at rezoning to CN and not
leaving any of the proposed area as CL.
Dr. Angelo Volpe made the motion to approve rezoning areas 1 & 2 as defined and
recommended by staff to CN (Commercial Neighborhood). Ryan Williams seconded the
motion. Votes: Judy Jennings--nay, Dr. Roy Loutzenheiser--yes, Nina Lunn--nay, Don
Prince--yes, Jim Stafne--yes, Dr. Angelo Volpe--yes, Chris Wakefield--yes, Ryan
Williams--yes, and Tod Williams--yes. APPROVED REZONING TWO AREA TO CN
(NEIGHBORHOOD COMMERCIAL.
CONSIDER FOR ACTION REZONING 1103 EAST 10TH STREET FROM RS10
(SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL).
REQUEST SUBMITTED BY JERRY JARED ON BEHALF OF MARGARET
MCCORMICK. CURTIS BARLOW, BARBARA BARLOW AND PAULINE
KOESTER. ADDITIONAL PROPERTIES WILL ALSO BE CONSIDERED IN
THE REZONING REQUEST. James Mills stated that Mr. Jerry Jared, on behalf of
property owner Margaret McCormick, has submitted a request to rezone from RS-10,
Single Family Residential to CL, Local Commercial property located at 1103 East 10th
Street and identified as Parcel 4.00 on Map 40M, Group C. The request also included a
petition signed by the owners of six (6) adjacent properties indicating that they also favor
the rezoning of their properties from RS-10 to CL. Based on the submitted request and
attached petition an area consisting of eight (8) parcels bounded by East 10th Street to the
north, Syracuse Street to the south, Shanks Avenue to the east, and Fisk Road to the west,
is proposed for rezoning from RS-10 to CL. The parcels included in the proposed rezoning
are identified as follows:
• 1103 East 10th Street, Parcel 4.00 on Map 40M “C”, owners Barlow and McCormick
• 1115 East 10th Street, Parcel 3.00 on Map 40M “C”, owners Lafever and Williford
• 1125 East 10th Street, Parcel 2.00 on Map 40M “C”, owner Thomas
• 1135 East 10th Street, Parcel 1.00 on Map 40M “C”, owner Malone
• 1112 Syracuse Street, Parcel 5.00 on Map 40M “C”, owner Key
• 1120 Syracuse Street, Parcel 6.00 on Map 40M “C”, owner Raabe
• 1128 Syracuse Street, Parcel 7.00 on Map 40M “C”, owner Newman
• 1138 Syracuse Street, Parcel 8.00 on Map 40M “C”, owner Randolph
The area proposed for rezoning consists of approximately 3.6 acres and is contiguous with
CL and RM-14, Multi-Family Residential zoning to the north, with RM-14 zoning to the
east, with RS-10 zoning to the south, and with CL zoning to the west. The area is bounded
by multi-family residential and commercial developments on three (3) sides, which would
indicate that some form of commercial zoning may be appropriate. The fourth side of the
area is bounded by established single family residential development. Occupied single
family structures are currently located on each of the parcels in the area proposed for
rezoning. The submitted request did not include any specific information on a proposed
use of the properties. It is assumed the proposed rezoning is for speculative purposes and
to increase the market value of the properties.
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There have been a number of previous requests to rezone at least one of the parcels in the
area proposed for rezoning. In 2002 the owners of the properties at 1103 and 1115 East
10th Street submitted a request to rezone their properties to CL. This request was
withdrawn from consideration at the June 2002 meeting of the Planning Commission. In
1986, 1988, and 1991 requests to rezone only the property at 1103 East 10th Street for
commercial use were denied by the Planning Commission.
As noted no plan for development of these properties has been disclosed. East 10th Street
is a major street requiring a setback of 50 feet which makes the redevelopment of the
individual lots unlikely. Also, the parcels along East 10th Street may not be re-developable
in their current configuration should this street be widened at some point in the future.
Therefore it is assumed that the parcels would be combined and developed as one area if
the rezoning is approved. If the properties are rezoned and combined for one development,
access to the site from Syracuse Street would be prohibited under the provisions of Section
205.9C of the Zoning Code.
Due to scale and range of land uses allowed under CL zoning, the Planning Department is
of the opinion that these properties are not suitable for this zoning classification. The area
is contiguous with an area along East 10th Street currently zoned as CL for which the
Planning Department has recommended rezoning to CN. If any form of commercial
zoning should be consider for the subject area CN would appear to be the most
appropriate.
Staff recommended denial of the request for rezoning to CL, but would support CN, if the
Planning Commission deemed if necessary.
Jerry Jared, attorney for Margaret McCormick, stated that his client would be in favor of
the CN zone.
Carolyn Stockton, 832 Shanks Avenue, was concerned about the direction of the City. She
stated that on the northwest corner of Fisk & 10th where the new CVS store is currently
being constructed is ugly and unattractive. Mrs. Stockton added that the City needs to look
at making our community attractive and not tacky. She was opposed to the rezoning the
property on 10th & Fisk to CL.
Another property owner on Fisk Road was concerned about adding traffic on Fisk Road
south of 10th Street if commercial property on 10th Street was expanded.
Tod Williams made the motion to deny the rezoning to CL (Local Commercial). Dr.
Angelo Volpe seconded the motion and the motion carried unanimously. DENIED CL
ZONING.
Tod Williams made the motion to include this request along with the other properties
located on 10th & Fisk that are also being considered for rezoning to CN (Neighborhood
Commercial). Dr. Angelo Volpe seconded the motion and the motion carried
unanimously. APPROVED CN ZONING.
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CONSIDER FOR ACTION PRELIMINARY PLAT OF THE OAKS SUBDIVISION,
24 LOTS LOCATED OFF KINNARD ROAD IN THE PLANNING REGION.
REQUEST SUBMITTED BY BRENT GENTRY. James Mills stated that Mr. Brent
Gentry has submitted for approval a Preliminary Plat of The Oaks Subdivision, a proposed
24 lot subdivision located off Kinnard and Dodson Branch Roads in the unincorporated
portion of the Urban Growth Boundary.
The parcel proposed for subdivision consists of approximately 23.6 acres and is not zoned.
Public sewer is not available to the property and the development will require the approval
of the County Environmentalist for the use of septic systems. The proposed division will
require the extension of water service. The property is served by the Cookeville Water
Department. Plans for the water service improvements have not yet been submitted. The
plat indicates that the development will require the construction of approximately 2,500
feet of streets. The streets must be constructed to the standards specified in the
Subdivision Regulations but will have to be accepted by the County. Plans for the street
improvements have not yet been submitted. The property is located outside the service
area of the Cookeville Electric Department. Since public sewer is not available the
provision of sidewalks is not required.
A significant portion of the eastern part of the property proposed for subdivision is located
within a FEMA identified flood hazard area. The Preliminary Plat indicates that all lots
would have buildable areas outside the flood hazard area.
The Preliminary Plat of the proposed subdivision was mistakenly submitted to and
approved by the Putnam County Planning Commission several weeks ago and a significant
amount of street construction has already been initiated. The Public Works Department
indicates that metal culverts have been installed under the proposed streets in at least two
locations and will have to be replaced with concrete.
Recommendation: Conditional approval of the Preliminary Plat subject to the following:
• Completion of corrections to plat as determined by the Planning Department
• Submittal of plat review and inspection fees
• Submittal and approval of street construction, storm water and drainage plans
• Submittal and approval of water improvement plans
• Approval of County Environmentalist for use of septic systems
• Completion of preconstruction meeting
Brent Gentry stated that since he received approval from the County that he would like
some consideration on keeping the metal culverts that have already been installed.
James Mills stated that it was the developer’s responsibility to know if the plat had to go to
the City or the County. Mr. Mills added that it would be up to the Public Works
Department to allow metal culverts and that the Planning Commission could add as
another condition subject to approval of the metal culverts by the Public Works
Department.
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OCTOBER 22, 2007
Don Prince made the motion to approve according to staff’s recommendation and subject
to approval of the metal culverts by the Public Works Department, and if the Public Works
Department does not approve the culverts then the developer has to meet the requirements
according to the Subdivision Regulations. Ryan Williams seconded the motion and the
motion carried unanimously. CONDITIONAL APPROVAL.
CONSIDER FOR ACTION REQUEST FOR APPROVAL AS REQUIRED BY
SECTION 205.9C (4.) OF THE ZONING CODE FOR ACCESS TO A LOCAL
STREET FOR A DOUBLE FRONTAGE LOT LOCATED AT 758 SOUTH
WILLOW AVENUE AND ZONED CG, GENERAL COMMERCIAL. REQUEST
SUBMITTED BY JOE NICHOLS OF HERITAGE CONSTRUCTION COMPANY
ON BEHALF OF KID’S KARE. James Mills stated that Mr. Joe Nichols of Heritage
Construction, on behalf of Kid’s Kare, has submitted a request as required by Section
205.9C of the Zoning Code for Planning Commission approval for driveway access from
Greenland Avenue to property located at 758 South Willow Avenue. Section 205.9C of
the Zoning Code provides that “double frontage lots, zoned or used for other than single-
family residential purposes, with frontage on both a street of major collector or higher
classification and a street of minor collector or less classification, shall be allowed access
to the street of lower classification only upon review and approval of the Planning
Commission”. The primary purpose of Section 205.9C is to reduce the impact (traffic,
noise, etc.) of commercial developments on residential developments along the secondary
street.
The parcel at 758 South Willow Avenue is a double frontage lot zoned as CG, General
Commercial with frontage on a major street, South Willow Avenue, and frontage on a
local street, Greenland Avenue. The Green Acres Subdivision, a single family residential
development zoned as RS-10, is located on the opposite side of Greenland Avenue. The
Kid’s Kare facility was constructed in compliance with the provision of Section 205.9C
and is not currently accessed from Greenland Avenue. The petitioner indicates that the
purpose of the request is to provide access to a proposed five (5) space parking lot.
Although not specifically stated by the petitioner, it appears based on a submitted site plan
that the additional parking is necessary due to proposed building expansion. The petitioner
indicates that the proposed parking area would be separated from the existing parking area
and that through access from South Willow Avenue to Greenland Avenue would be
physically blocked.
Although through access from South Willow Avenue to Greenland Avenue is not
proposed, the proposed request still violates to some degree the primary purposes of
Section 205.9C, that being the reduction of traffic and noise on adjacent residential
properties. Also it appears that no consideration has been given to the possibility of
reconfiguring the existing parking area so that no access from Greenland Avenue is
required. Should the request be denied and it be determined that the additional parking is
required for the proposed expansion, a hardship may exist that would justify a variance
from the Board of Zoning Appeals waiving or reducing the required number of additional
parking spaces.
Staff recommended denial of the request.
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Joe Nichols, Heritage Construction stated that they needed the five parking spaces for the
employees of Kids Kare.
Robert Steakley stated that he was opposed to allowing additional traffic from a
commercial use onto a residential neighborhood, because if you let one property then they
are several others on the street that could also open up to Greenland Avenue.
Staff received a phone call from Paul Roberts, property owner of two parcels behind the
Kid’s Kare, who was unable to attend the meeting and was opposed to allowing access to
Greenland Avenue.
Dr. Roy Loutzenheiser stated that according to the plan that the people pulling out on
Greenland would have to back out of the parking spaces which would be hazardous.
Chris Wakefield made the motion to deny the request for access to Greenland Avenue.
Nina Lunn seconded the motion and carried unanimously. DENIED.
CONSIDER FOR ACTION 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 III TO MEET CERTAIN TENNESSEE
DEPARTMENT OF TRANSPORTATION REQUIREMENTS. REQUEST
SUBMITTED BY STAFF. James Mills recommended that the proposed amendment be
tabled.
Dr. Angelo Volpe made the motion to table this item. Don Prince seconded the motion
and the motion carried unanimously. TABLED.
Tod Williams made the motion to take the following items for study. Don Prince seconded
the motion and the motion carried unanimously. STUDY ITEMS.
(1) CONSIDER FOR STUDY REZONING 433 PROFFITT STREET FROM RS5
(SINGLE-FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD
COMMERCIAL). REQUEST SUBMITTED BY JEFFREY BIRDWELL ON
BEHALF OF JAMES & FAYE NELSON.
(2) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF AN
UNDEVELOPED STREET LOCATED BETWEEN 1826 & 1848 BYRNE
AVENUE. REQUEST SUBMITTED BY ROBIN MEADOWS.
STAFF REPORTS:
(1) MINOR PLAT APPROVALS:
• PLAT AMENDMENT FOR LOT #2 OF THE MILDRED GENTRY DIVISION –
2 LOTS LOCATED ON SOUTH WILLOW AVENUE – MILDRED GENTRY.
• HERRON-COLLINS VINSON DIVISION – 2 LOTS LOCATED ON BILL
SMITH ROAD – DALLAS VINSON.
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• BRITE COOPER DIVISION – 2 LOTS LOCATED ON SLIGER ROAD – BRITE
COOPER.
• TERRANCE & STARLA MEIGS DIVISION – 2 LOTS LOCATED ON
BUNKER HILL ROAD – TERRANCE MEIGS.
ADJOURNMENT: 7:08 P.M.
SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING
____________________________ _________________________________
JAYNE BARNS CPS JIM STAFNE, CHAIRMAN
PLANNING ASSISTANT COOKEVILLE PLANNING
COMMISSION
Agenda
COOKEVILLE PLANNING COMMISSION
MINUTES
OCTOBER 22, 2007
The Cookeville Planning Commission met on Monday, October 22, 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. Dr. Angelo Volpe
made the motion to approve the agenda as submitted. Don Prince seconded the motion and
the motion carried unanimously. APPROVED.
CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 24, 2007. Don
Prince made the motion to approve the minutes of September 24, 2007. Dr. Angelo Volpe
seconded the motion and the motion carried unanimously. APPROVED.
CONSIDER FOR ACTION REZONING 270 WHITSON AVENUE FROM RS5
(SINGLE-FAMILY RESIDENTIAL) TO RS10 (SINGLE-FAMILY
RESIDENTIAL). REQUEST SUBMITTED BY THOMAS HADLOCK. THE
PROPERTY OWNERS AT 527 EAST HUDGENS STREET AND 207, 220, 221, 227,
230, 239, 254, 260, 282 & 291 WHITSON AVENUE WOULD LIKE TO BE
INCLUDED IN THE REQUEST. James Mills stated that Mr. Thomas Hadlock, on
behalf of several property owners along Whitson Avenue, has submitted for approval a
request to rezone from RS-5, Single Family Residential to RS-10, Single Family
Residential an area generally bounded by South Maple Avenue to the east, Dyer Avenue
and an unnamed alley to the west, East Stevens Street to the south and East Hudgens Street
to the north.
The area proposed for rezoning consists of 34 parcels comprising approximately 16.4 acres
and is contiguous with RS-5 zoning to the west and north, with RS-5 and RS-15 zoning to
the east, and with RS-15 zoning to the south. Mr. Hadlock’s rezoning request included a
petition signed by the owners of 14 additional parcels favoring rezoning. He indicates in
the petition that the purpose of the request is to preserve the integrity of the neighborhood.
No property owners along Dyer Avenue are indicated in the petition as being in favor of
the rezoning.
The RS-5 and RS-10 zoning districts have the same permitted uses and are both intended
primarily for single family residential development. The differences between the two
districts are in minimum lot size and setback requirements. The current RS-5 zoning
requires a minimum lot size requirement of 5,000 square feet, front setbacks of 20 feet,
rear setbacks of 15 feet, and side setbacks of 7.5 feet. The proposed RS-10 zoning requires
COOKEVILLE PLANNING COMMISSION 2
OCTOBER 22, 2007
a minimum lot size of 10,000 square feet, front setbacks of 25 feet, rear setbacks of 20 feet,
and side setbacks of 10 feet.
A land use analysis of the area indicates that all of the properties within the area proposed
for rezoning comply with the minimum lot size requirements of the RS-5 zoning district.
Nine (9) of the 34 parcels would not comply with the RS-10 minimum lot size
requirement. Six (6) structures currently do not comply with the front setback requirement
of the RS-5 zoning district and an additional eight (8) structures would not comply with the
greater front setback of the RS-10 zoning district. All parcels made nonconforming by the
proposed rezoning would be grandfathered. The primary impact on the parcels proposed
for rezoning, other than those that would become nonconforming, is the reduction in the
potential for resubdivision. Approximately 14 lots that could potentially be subdivided
under the current RS-5 zoning are not large enough to be subdivided under the proposed
RS-10 zoning.
Based on the submitted request and petition a majority support for the proposed rezoning is
not indicated. The Planning Department has also been contacted by the owners of four (4)
other parcels. Mr. Clyde Allen, the owner of the properties at 452 Proffitt Street and 240
Whitson Avenue, has indicated that he is opposed to the rezoning of his property at 452
Proffitt Street but would not be opposed to the rezoning of his property at 240 Whitson
Avenue. Ms. Julie Owens Robinson, the owner of the property at 249 Whitson Avenue
has informed the Planning Department that she would not be opposed to the rezoning of
her property. Mr. Gary Whitehead, the owner of the property at 283 Whitson Avenue has
indicated that he is opposed to the rezoning.
Based on the information available, there appears to be support for the proposed rezoning
only from property owners along Whitson Avenue. The inclusion of the properties owned
by Mr. Allen and Ms. Robinson on Whitson Avenue would indicate that the owners of 16
of the 24 parcels, or 66%, along on Whitson Avenue either favor or are not opposed to
rezoning to RS-10.
Staff recommended approval of rezoning from RS-5 to RS-10 parcels fronting Whitson
Avenue from East Stevens Street to East Hudgens Street
Tom Hadlock, 270 Whitson Avenue, stated that most of the lots on Whitson are larger than
10,000 sq. ft. and they would like to preserve the integrity of their neighborhood by
keeping the lots larger to prevent additional subdividing of property in the future.
Dr. Angelo Volpe made the motion to approve revising the rezoning request according to
staff’s recommendation. Don Prince seconded the motion and the motion carried
unanimously. APPROVED, REZONING TO RS-10 (SINGLE-FAMILY
RESIDENTIAL.
CONSIDER FOR ACTION REZONING PROPERTIES ALONG NORTH
WASHINGTON AVENUE AND 10TH STREET TO CN (NEIGHBORHOOD
COMMERCIAL). REQUEST SUBMITTED BY STAFF. James Mills stated that at
the request of the Planning Commission the Planning Department has completed a
COOKEVILLE PLANNING COMMISSION 3
OCTOBER 22, 2007
comprehensive study on the current zoning of certain properties along East 10th Street and
North Washington Avenue. The purpose of this study was to evaluate the appropriateness
of the current CL, Local Commercial zoning of the area and to examine the feasibility of
CN, Neighborhood Commercial zoning.
While the CL and CN zoning districts both allow commercial land uses there are
significant differences between the two. The CN district is the most restrictive commercial
district within the city. Structures within the CN district are required to be compatible in
terms of scale and appearance with nearby residential structures. There is no such
requirement within the CL district. Assuming a recently recommended amendment is
approved by the City Council, the maximum square footage of any development within the
CN district is 15,000 square feet. The maximum square footage of the CL district is
50,000 square feet. The CN district requires a minimum lot size of 5,000 square feet while
there is no minimum lot size requirement in the CL district. Maximum lot coverage in the
CN district is 50 % and is 60 % in the CL district. The CN district requires a minimum
side yard setback of 10 feet while there is no side yard setback in the CL district.
There are also very significant differences in the types of land uses permitted in the two
zoning districts. The CN district is intended to blend with and minimally impact nearby
residential properties. Single family and duplex residential developments are allowed in
the CN district but are prohibited in the CL district. Multi-family residential is allowed in
the CL district but is prohibited in the CN district. The CL district allows numerous
private service and commercial uses that are not allowed within the CN district. These
include: hotels and motels, auto and truck repair, new and used auto sales, check advance
and title loans, funeral homes, kennels and veterinary clinics, night clubs and taverns,
pawn shops, small engine repair, tattoo parlors, convenience stores, gasoline sales, drive
through restaurants, sale of storage buildings and cabinet shops.
The area studied for rezoning consists of 78 parcels generally fronting along North
Washington Avenue from East 10th Street north to the railroad right-of-way and along East
10th Street from North Washington Avenue east to Fisk Road and comprises an area of
approximately 100 acres. The portion along East 10th street is bordered to the north and
south by established single family residential developments. The portion along North
Washington Avenue is bordered by single family residential development to the east and
by Prescott Central Middle School to the west. This study area was identified because of
several factors which would appear to make it appropriate for CN zoning.
The area has many of the characteristics appropriate for CN zoning, including lot and
structure size and the nature of existing and surrounding land uses. Few lots within the
study area, with the exception of the parcels located to the southeast and northwest of the
intersection of East 10th Street and North Washington Avenue, are large enough for a
development of 50,000 square feet as is permitted in the CL district. There are only six (6)
developments in the entire study area that exceed the 15,000 maximum square footage
requirement of the CN district. The four (4) largest are the Northside Center at
approximately 49,000 square feet, the Village Center at approximately 27,000 square feet,
the 1st Cumberland Presbyterian Church at approximately 26,000 square feet, and the old
skating rink at approximately 18,000 square feet.
COOKEVILLE PLANNING COMMISSION 4
OCTOBER 22, 2007
Much of the study area has developed as a transition from primarily single family
residential to commercial use. Several of the current commercial uses are located in
structures that were previously used for single family residences and there are 13 occupied
single family residences remaining in the area. A land use inventory indicates that only 24
of the 78 parcels, or 31 %, are used for purposes that would be nonconforming if the area
was rezoned to CN. A copy of this inventory is attached. Any use made nonconforming
by a zoning action is grandfathered and protected by TCA Section 13-7-208. Such uses
can remain in perpetuity, can be expanded as long as additional property is not acquired,
and have 30 months to be re-established if the use is discontinued. The largest
concentration of uses that would be nonconforming in the CN district are located from just
west of Brown Avenue to west of Fisk Road. A second concentration of potentially
nonconforming uses is located to the north of the intersection of North Washington
Avenue and East 10th Street.
Perhaps the most important reason for considering the feasibility of CN zoning for all or
portions of the study area would be the benefits to the general welfare of the immediate
area and the municipality as a whole. The ability to have some control over the appearance
of structures along one of the main routes into the heart of the city would enhance property
values and minimize impact on nearby residential developments. Limiting the size of
structures would also minimize the impact of commercial development on the adjacent
residential areas. Removing the impact that a potential large scale commercial
development could have on an already strained major thoroughfare would help to slow
traffic increase, improve public safety, and lessen the need for infrastructure
improvements.
The Future Land Use Plan indicates that the entire study area is best suited for commercial
and private service uses of a neighborhood scale, which is defined in the plan as a market
area of one to two miles. The CL and CN are both appropriate zones for this land use
category. Several goals and objectives identified in the Future Land Use Plan for the
development of the city could be addressed through the implementation of CN zoning
within the study area. This includes the primary goal to “preserve, protect and enhance the
quality of life in Cookeville while encouraging a more harmonious and higher standard of
development”.
Based on the analysis completed by the Planning Department it appears that two (2)
different sections of the study area would be more appropriately zoned as CN. The first
area contains seven (7) parcels comprising approximately 10.3 acres located at the
intersection of Fisk Road and East 10th Street. No existing uses within this area would be
nonconforming if rezoned to CN. One development is approximately 100 square feet over
the maximum square footage allowed under CN. The owners of the property located at the
northeastern intersection have indicated that they are attempting to locate a restaurant with
drive through service and are opposed to rezoning to CN.
The second section contains 42 parcels consisting of 49.3 acres located along East 10th
Street from North Washington Avenue east to approximately Mitchell Avenue and along
North Washington Avenue from East 10th Street north to the railroad right-of-way. There
are nine (9) uses in this area that would be nonconforming if rezoned to CN. Two
COOKEVILLE PLANNING COMMISSION 5
OCTOBER 22, 2007
developments exceed the maximum permitted square footage allowed in the CN district.
This area also includes the greatest amount of undeveloped properties and the largest
concentration of single family residential structures.
One section of the study area is recommended to remain zoned as CL. This area consists
of 29 parcels comprising approximately 40.1 acres along East 10th Street from east of
Mitchell Avenue to west of Fisk Road. The primary reason for excluding this section is
the number and nature of uses that would be nonconforming if rezoned to CN. Many of
the land uses within this area that would become nonconforming under CN are relatively
new and/or are of such a scale that it is unlikely that the intent of the CN zoning district
could ever be achieved. Additionally, there are certain uses in this section that could be
considered beneficial or desirable to the nearby residential areas which would not be
permitted under CN zoning.
Staff recommended approval of rezoning to CN two (2) sections of the study area.
Bill Walker, property owner of the northwest corner of North Washington Avenue and
East 10th Street, stated that he was opposed to the rezoning request. He felt that the
shopping center was the highest and best use of his property.
Nina Lunn asked for clarification about the nonconforming status of the properties
discussed. Mr. Mills replied that the property owners will be able to tear down and rebuild
and stay as the same use as long as the property owner wants. The new building would
have to meet current setbacks. If a use discontinues for 30 months, then it has to conform
to all current regulations.
Dr. Roy Loutzenheiser stated that the Planning Commission plan for the short term and
long term, but should look at long term first. Commercial Neighborhood allows for
growth but is not overbearing.
Nina Lunn felt that the Commission should look at rezoning all the area defined on North
Washington and 10th Street. Several properties on 10th Street are new construction and she
didn’t think that they would be leaving anytime soon.
A property owner on Fisk Road stated that she had to deal with the High School and
Prescott traffic and agreed that the CN zone would be better protection for the
neighborhood.
Ryan Williams stated that the Commission also looks at the protection of surrounding
property owners. He was concerned that if the City did not provide certain services like
gas stations and fast food restaurants on 10th Street that the residents in the area would go
to Algood.
Marvin Barker, property owner on Timber Lane, stated that he purchases his gasoline on
South Washington Avenue and that he goes to South Jefferson Avenue for fast food and
that he doesn’t shop in Algood. Mr. Barker added that the commercial should be in
COOKEVILLE PLANNING COMMISSION 6
OCTOBER 22, 2007
harmony with the residential and that the Board should look at rezoning to CN and not
leaving any of the proposed area as CL.
Dr. Angelo Volpe made the motion to approve rezoning areas 1 & 2 as defined and
recommended by staff to CN (Commercial Neighborhood). Ryan Williams seconded the
motion. Votes: Judy Jennings--nay, Dr. Roy Loutzenheiser--yes, Nina Lunn--nay, Don
Prince--yes, Jim Stafne--yes, Dr. Angelo Volpe--yes, Chris Wakefield--yes, Ryan
Williams--yes, and Tod Williams--yes. APPROVED REZONING TWO AREA TO CN
(NEIGHBORHOOD COMMERCIAL.
CONSIDER FOR ACTION REZONING 1103 EAST 10TH STREET FROM RS10
(SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL).
REQUEST SUBMITTED BY JERRY JARED ON BEHALF OF MARGARET
MCCORMICK. CURTIS BARLOW, BARBARA BARLOW AND PAULINE
KOESTER. ADDITIONAL PROPERTIES WILL ALSO BE CONSIDERED IN
THE REZONING REQUEST. James Mills stated that Mr. Jerry Jared, on behalf of
property owner Margaret McCormick, has submitted a request to rezone from RS-10,
Single Family Residential to CL, Local Commercial property located at 1103 East 10th
Street and identified as Parcel 4.00 on Map 40M, Group C. The request also included a
petition signed by the owners of six (6) adjacent properties indicating that they also favor
the rezoning of their properties from RS-10 to CL. Based on the submitted request and
attached petition an area consisting of eight (8) parcels bounded by East 10th Street to the
north, Syracuse Street to the south, Shanks Avenue to the east, and Fisk Road to the west,
is proposed for rezoning from RS-10 to CL. The parcels included in the proposed rezoning
are identified as follows:
• 1103 East 10th Street, Parcel 4.00 on Map 40M “C”, owners Barlow and McCormick
• 1115 East 10th Street, Parcel 3.00 on Map 40M “C”, owners Lafever and Williford
• 1125 East 10th Street, Parcel 2.00 on Map 40M “C”, owner Thomas
• 1135 East 10th Street, Parcel 1.00 on Map 40M “C”, owner Malone
• 1112 Syracuse Street, Parcel 5.00 on Map 40M “C”, owner Key
• 1120 Syracuse Street, Parcel 6.00 on Map 40M “C”, owner Raabe
• 1128 Syracuse Street, Parcel 7.00 on Map 40M “C”, owner Newman
• 1138 Syracuse Street, Parcel 8.00 on Map 40M “C”, owner Randolph
The area proposed for rezoning consists of approximately 3.6 acres and is contiguous with
CL and RM-14, Multi-Family Residential zoning to the north, with RM-14 zoning to the
east, with RS-10 zoning to the south, and with CL zoning to the west. The area is bounded
by multi-family residential and commercial developments on three (3) sides, which would
indicate that some form of commercial zoning may be appropriate. The fourth side of the
area is bounded by established single family residential development. Occupied single
family structures are currently located on each of the parcels in the area proposed for
rezoning. The submitted request did not include any specific information on a proposed
use of the properties. It is assumed the proposed rezoning is for speculative purposes and
to increase the market value of the properties.
COOKEVILLE PLANNING COMMISSION 7
OCTOBER 22, 2007
There have been a number of previous requests to rezone at least one of the parcels in the
area proposed for rezoning. In 2002 the owners of the properties at 1103 and 1115 East
10th Street submitted a request to rezone their properties to CL. This request was
withdrawn from consideration at the June 2002 meeting of the Planning Commission. In
1986, 1988, and 1991 requests to rezone only the property at 1103 East 10th Street for
commercial use were denied by the Planning Commission.
As noted no plan for development of these properties has been disclosed. East 10th Street
is a major street requiring a setback of 50 feet which makes the redevelopment of the
individual lots unlikely. Also, the parcels along East 10th Street may not be re-developable
in their current configuration should this street be widened at some point in the future.
Therefore it is assumed that the parcels would be combined and developed as one area if
the rezoning is approved. If the properties are rezoned and combined for one development,
access to the site from Syracuse Street would be prohibited under the provisions of Section
205.9C of the Zoning Code.
Due to scale and range of land uses allowed under CL zoning, the Planning Department is
of the opinion that these properties are not suitable for this zoning classification. The area
is contiguous with an area along East 10th Street currently zoned as CL for which the
Planning Department has recommended rezoning to CN. If any form of commercial
zoning should be consider for the subject area CN would appear to be the most
appropriate.
Staff recommended denial of the request for rezoning to CL, but would support CN, if the
Planning Commission deemed if necessary.
Jerry Jared, attorney for Margaret McCormick, stated that his client would be in favor of
the CN zone.
Carolyn Stockton, 832 Shanks Avenue, was concerned about the direction of the City. She
stated that on the northwest corner of Fisk & 10th where the new CVS store is currently
being constructed is ugly and unattractive. Mrs. Stockton added that the City needs to look
at making our community attractive and not tacky. She was opposed to the rezoning the
property on 10th & Fisk to CL.
Another property owner on Fisk Road was concerned about adding traffic on Fisk Road
south of 10th Street if commercial property on 10th Street was expanded.
Tod Williams made the motion to deny the rezoning to CL (Local Commercial). Dr.
Angelo Volpe seconded the motion and the motion carried unanimously. DENIED CL
ZONING.
Tod Williams made the motion to include this request along with the other properties
located on 10th & Fisk that are also being considered for rezoning to CN (Neighborhood
Commercial). Dr. Angelo Volpe seconded the motion and the motion carried
unanimously. APPROVED CN ZONING.
COOKEVILLE PLANNING COMMISSION 8
OCTOBER 22, 2007
CONSIDER FOR ACTION PRELIMINARY PLAT OF THE OAKS SUBDIVISION,
24 LOTS LOCATED OFF KINNARD ROAD IN THE PLANNING REGION.
REQUEST SUBMITTED BY BRENT GENTRY. James Mills stated that Mr. Brent
Gentry has submitted for approval a Preliminary Plat of The Oaks Subdivision, a proposed
24 lot subdivision located off Kinnard and Dodson Branch Roads in the unincorporated
portion of the Urban Growth Boundary.
The parcel proposed for subdivision consists of approximately 23.6 acres and is not zoned.
Public sewer is not available to the property and the development will require the approval
of the County Environmentalist for the use of septic systems. The proposed division will
require the extension of water service. The property is served by the Cookeville Water
Department. Plans for the water service improvements have not yet been submitted. The
plat indicates that the development will require the construction of approximately 2,500
feet of streets. The streets must be constructed to the standards specified in the
Subdivision Regulations but will have to be accepted by the County. Plans for the street
improvements have not yet been submitted. The property is located outside the service
area of the Cookeville Electric Department. Since public sewer is not available the
provision of sidewalks is not required.
A significant portion of the eastern part of the property proposed for subdivision is located
within a FEMA identified flood hazard area. The Preliminary Plat indicates that all lots
would have buildable areas outside the flood hazard area.
The Preliminary Plat of the proposed subdivision was mistakenly submitted to and
approved by the Putnam County Planning Commission several weeks ago and a significant
amount of street construction has already been initiated. The Public Works Department
indicates that metal culverts have been installed under the proposed streets in at least two
locations and will have to be replaced with concrete.
Recommendation: Conditional approval of the Preliminary Plat subject to the following:
• Completion of corrections to plat as determined by the Planning Department
• Submittal of plat review and inspection fees
• Submittal and approval of street construction, storm water and drainage plans
• Submittal and approval of water improvement plans
• Approval of County Environmentalist for use of septic systems
• Completion of preconstruction meeting
Brent Gentry stated that since he received approval from the County that he would like
some consideration on keeping the metal culverts that have already been installed.
James Mills stated that it was the developer’s responsibility to know if the plat had to go to
the City or the County. Mr. Mills added that it would be up to the Public Works
Department to allow metal culverts and that the Planning Commission could add as
another condition subject to approval of the metal culverts by the Public Works
Department.
COOKEVILLE PLANNING COMMISSION 9
OCTOBER 22, 2007
Don Prince made the motion to approve according to staff’s recommendation and subject
to approval of the metal culverts by the Public Works Department, and if the Public Works
Department does not approve the culverts then the developer has to meet the requirements
according to the Subdivision Regulations. Ryan Williams seconded the motion and the
motion carried unanimously. CONDITIONAL APPROVAL.
CONSIDER FOR ACTION REQUEST FOR APPROVAL AS REQUIRED BY
SECTION 205.9C (4.) OF THE ZONING CODE FOR ACCESS TO A LOCAL
STREET FOR A DOUBLE FRONTAGE LOT LOCATED AT 758 SOUTH
WILLOW AVENUE AND ZONED CG, GENERAL COMMERCIAL. REQUEST
SUBMITTED BY JOE NICHOLS OF HERITAGE CONSTRUCTION COMPANY
ON BEHALF OF KID’S KARE. James Mills stated that Mr. Joe Nichols of Heritage
Construction, on behalf of Kid’s Kare, has submitted a request as required by Section
205.9C of the Zoning Code for Planning Commission approval for driveway access from
Greenland Avenue to property located at 758 South Willow Avenue. Section 205.9C of
the Zoning Code provides that “double frontage lots, zoned or used for other than single-
family residential purposes, with frontage on both a street of major collector or higher
classification and a street of minor collector or less classification, shall be allowed access
to the street of lower classification only upon review and approval of the Planning
Commission”. The primary purpose of Section 205.9C is to reduce the impact (traffic,
noise, etc.) of commercial developments on residential developments along the secondary
street.
The parcel at 758 South Willow Avenue is a double frontage lot zoned as CG, General
Commercial with frontage on a major street, South Willow Avenue, and frontage on a
local street, Greenland Avenue. The Green Acres Subdivision, a single family residential
development zoned as RS-10, is located on the opposite side of Greenland Avenue. The
Kid’s Kare facility was constructed in compliance with the provision of Section 205.9C
and is not currently accessed from Greenland Avenue. The petitioner indicates that the
purpose of the request is to provide access to a proposed five (5) space parking lot.
Although not specifically stated by the petitioner, it appears based on a submitted site plan
that the additional parking is necessary due to proposed building expansion. The petitioner
indicates that the proposed parking area would be separated from the existing parking area
and that through access from South Willow Avenue to Greenland Avenue would be
physically blocked.
Although through access from South Willow Avenue to Greenland Avenue is not
proposed, the proposed request still violates to some degree the primary purposes of
Section 205.9C, that being the reduction of traffic and noise on adjacent residential
properties. Also it appears that no consideration has been given to the possibility of
reconfiguring the existing parking area so that no access from Greenland Avenue is
required. Should the request be denied and it be determined that the additional parking is
required for the proposed expansion, a hardship may exist that would justify a variance
from the Board of Zoning Appeals waiving or reducing the required number of additional
parking spaces.
Staff recommended denial of the request.
COOKEVILLE PLANNING COMMISSION 10
OCTOBER 22, 2007
Joe Nichols, Heritage Construction stated that they needed the five parking spaces for the
employees of Kids Kare.
Robert Steakley stated that he was opposed to allowing additional traffic from a
commercial use onto a residential neighborhood, because if you let one property then they
are several others on the street that could also open up to Greenland Avenue.
Staff received a phone call from Paul Roberts, property owner of two parcels behind the
Kid’s Kare, who was unable to attend the meeting and was opposed to allowing access to
Greenland Avenue.
Dr. Roy Loutzenheiser stated that according to the plan that the people pulling out on
Greenland would have to back out of the parking spaces which would be hazardous.
Chris Wakefield made the motion to deny the request for access to Greenland Avenue.
Nina Lunn seconded the motion and carried unanimously. DENIED.
CONSIDER FOR ACTION 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 III TO MEET CERTAIN TENNESSEE
DEPARTMENT OF TRANSPORTATION REQUIREMENTS. REQUEST
SUBMITTED BY STAFF. James Mills recommended that the proposed amendment be
tabled.
Dr. Angelo Volpe made the motion to table this item. Don Prince seconded the motion
and the motion carried unanimously. TABLED.
Tod Williams made the motion to take the following items for study. Don Prince seconded
the motion and the motion carried unanimously. STUDY ITEMS.
(1) CONSIDER FOR STUDY REZONING 433 PROFFITT STREET FROM RS5
(SINGLE-FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD
COMMERCIAL). REQUEST SUBMITTED BY JEFFREY BIRDWELL ON
BEHALF OF JAMES & FAYE NELSON.
(2) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF AN
UNDEVELOPED STREET LOCATED BETWEEN 1826 & 1848 BYRNE
AVENUE. REQUEST SUBMITTED BY ROBIN MEADOWS.
STAFF REPORTS:
(1) MINOR PLAT APPROVALS:
• PLAT AMENDMENT FOR LOT #2 OF THE MILDRED GENTRY DIVISION –
2 LOTS LOCATED ON SOUTH WILLOW AVENUE – MILDRED GENTRY.
• HERRON-COLLINS VINSON DIVISION – 2 LOTS LOCATED ON BILL
SMITH ROAD – DALLAS VINSON.
COOKEVILLE PLANNING COMMISSION 11
OCTOBER 22, 2007
• BRITE COOPER DIVISION – 2 LOTS LOCATED ON SLIGER ROAD – BRITE
COOPER.
• TERRANCE & STARLA MEIGS DIVISION – 2 LOTS LOCATED ON
BUNKER HILL ROAD – TERRANCE MEIGS.
ADJOURNMENT: 7:08 P.M.
SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING
____________________________ _________________________________
JAYNE BARNS CPS JIM STAFNE, CHAIRMAN
PLANNING ASSISTANT COOKEVILLE PLANNING
COMMISSION
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