Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 26, 2007 The Cookeville Planning Commission met on Monday, November 26, 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: Chad Sims, Jeffrey Birdwell, Faye Nelson, Ed Greenwell, Gerry Whitehead, Thomas Hadlock, Robin Meadows, and Gina Key. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Don Prince made the motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 22, 2007. Don Prince made the motion to approve the minutes of October 22, 2007. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 433 PROFFITT STREET FROM RS5 (SINGLE-FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY JEFFREY BIRDWELL ON BEHALF OF JAMES & FAYE NELSON. James Mills stated that Mr. Jeffery Birdwell, on behalf of property owners James and Faye Nelson, has submitted for approval a request to rezone from RS-5, Single Family Residential to CN, Commercial Neighborhood property located at 433 Proffitt Street and identified as Parcel 5.00 on Tax Map 53K, Group H. The property proposed for rezoning consists of approximately 15,000 square feet and is contiguous with RS-5 zoning to the east and south and with CN zoning to the north and west. Mr. Birdwell indicates in the petition that the purpose of the rezoning is to allow the expansion of parking for contiguous property also owned by the Nelsons located at 425 South Lowe Avenue and identified as Parcel 6.00 on Tax Map 53K, Group H. The Future Land Use Plan indicates that the subject property would be best suited for local commercial or low density residential use. The requested CN zoning would be an appropriate zone for these land use categories. The proposed rezoning would extend the CN zoning boundary no further east that it currently extends on the adjacent property to the north. Staff recommended approval of rezoning subject to the submittal and approval of a subdivision plat combining parcels 5.00 and 6.00 on Tax Map 53K, Group H. COOKEVILLE PLANNING COMMISSION 2 NOVEMBER 26, 2007 Thomas Hadlock stated that he was opposed to the rezoning because of the encroachment of commercial into a residential area and that he was also concerned about people traveling thru a residential neighborhood in order to get to a commercial business. Don Prince made the motion to approve the rezoning request subject to submitting a plat combining both properties (Tax Map 53K-H-5.00 & 6.00) into 1 parcel. Tod Williams seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO SUBMITTING A PLAT COMBINING BOTH PARCELS. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF A PORTION OF THE UNDEVELOPED RIGHT-OF-WAY OF PARK STREET LOCATED BETWEEN 1826 & 1848 BYRNE AVENUE. REQUEST SUBMITTED BY ROBIN MEADOWS. James Mills stated that Mr. Robin Meadows, on behalf of John Mark Phipps, has submitted a request that a portion of the undeveloped right-of-way of Park Street be closed and abandoned and made available for purchase to adjoining property owners. The Park Street undeveloped right-of-way is located between Byrne Avenue and Lee Avenue south of West Jere Whitson Road. The portion of the right-of-way requested for closure and abandonment extends approximately 174 feet west of Byrne Avenue to an alley. Based on a survey submitted by Mr. Meadows the right-of-way has a width of approximately 35 feet. The survey also indicates that a single family residential structure is partially located within the right-of-way. Two parcels are contiguous with the portion of the undeveloped right-of-way proposed for closure and abandonment. Parcel 5.00 on Map 40G, Group C, is contiguous with the right-of-way to the north and Parcel 4.00 on Map 40G, Group C is contiguous to the south. Both parcels are currently owned by Mr. Phipps. 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, if necessary, and recording costs to be paid for by the petitioner) The applicable city departments have reviewed the closure and abandonment request and have determined that there are no utilities located within the right-of-way. COOKEVILLE PLANNING COMMISSION 3 NOVEMBER 26, 2007 Staff recommended approval of request subject to compliance with the provisions of Title 16, Chapter 4. Don Prince made the motion to approve the closure and abandonment subject to staff’s recommendation. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER FOR ACTION VARIANCE REQUEST FOR FLAG LOT AND FINAL PLAT OF WHITEHEAD DIVISION, 2 LOTS LOCATED ON WHITSON AVENUE. REQUEST SUBMITTED BY GERRY WHITEHEAD. Suzanne Garnmeister stated that Mr. Gerry Whitehead has submitted for approval a request for a variance for a flag lot subdivision and a Final Plat of the Whitehead Division, a two lot subdivision of his property located off Whitson Avenue. Article X, Section G of the Subdivision Regulations provides that flag lot divisions may only be approved upon the approval of a variance by the Planning Commission subject to certain specific conditions. A flag lot is a lot which is accessed by a strip of land with a width less that the required street frontage which is behind a lot which meets the required street frontage. The submitted plat indicates that all of the required conditions for the creation of a flag lot would be met. The property proposed for subdivision is currently zoned as RS-5, Single Family Residential. It is located in area that will be considered by the City Council for rezoning to RS-10, Single Family Residential in December. The proposed division complies with the lot size requirements of the RS-5 district. Each of the proposed lots has access to the required utilities and has frontage on an existing public street. Staff recommended approval of variance request and approval of Final Plat. Gerry Whitehead stated that the current house on the property was built in the 40’s and that he wanted to build his son a new house on the extra lot. Dr. Angelo Volpe made the motion to approve the variance for a flag lot and to approve the Final Plat. Tod Williams seconded the motion and the motion carried unanimously. APPROVED VARIANCE AND FINAL PLAT. Tod Williams made the motion to take the following item for study. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY REZONING 85 REAGAN STREET FROM CL (LOCAL COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT). REQUEST SUBMITTED BY REDUS FAMILY LP. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • PICKLES DIVISION – 2 LOTS LOCATED ON KENWAY – JIM PICKLES. COOKEVILLE PLANNING COMMISSION 4 NOVEMBER 26, 2007 • HOLLADAY TRACE PHASE III – 2 LOTS LOCATED ON MINE LICK CREEK ROAD AND FIESTA DRIVE – DOUG STEWART. • REDIVISION OF LOT 2 PICKLES DIVISION – 2 LOTS LOCATED ON KENWAY & LINDEN STREET – JIM PICKLES. • WINDSOR HILL SUBDIVISION - DIVISION OF LOT 20 – 2 LOTS LOCATED ON NOTTINGHAM DRIVE – ANDY MILTON. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION