Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MAY 19, 2008 The Cookeville Planning Commission met on Monday, May 19, 2008 at 5:30 p.m., in the Council Chambers, 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, Jayne Barns, Ken Young and Samantha Hitchcock. 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. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 28, 2008. Dr. Angelo Volpe made the motion to approve the minutes of April 28, 2008. Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 118 EAST 1ST STREET FROM RS15 SINGLE- FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY MELANEY MADEWELL AND CRAIG FICKLING. James Mills stated that Ms. Melanie Madewell and her spouse Mr. Craig Fickling have submitted a request to rezone from RS-15, Single Family Residential to CN, Neighborhood Commercial their property located at 118 East 1st Street. The subject property is identified as Parcel 12.00 on Map 53B, Group F and consists of 0.41 +/- acres. The property proposed for rezoning is contiguous with CN zoning to the west and south and with RS-15 zoning to the east and north. It is also adjacent to Holly Avenue and the North Dixie Avenue Historic District to the east. The CN District is a mixed use district intended for single and two-family residential dwellings and small to moderate size offices and businesses. All non-residential structures must be compatible with nearby residential structures in terms of scale and appearance. In the East 1st Street block between Popular and North Dixie Avenue, the subject property is the only parcel not fronting North Dixie Avenue that is not zoned CN or CL, Local Commercial. A number of single family structures along this block have been converted to commercial uses. A single family residential structure is currently located on the property. Last month, after receiving an inquiry from the Herald Citizen, the Planning Department became aware that the law office of Fickling and Madewell had located in the structure. On April 9, 2008 the Building Official notified Ms. Madewell via a hand delivered letter that she and Mr. Fickling were operating a law office in a zoning district in which such a use is prohibited. The notification gave the occupants 30 days to discontinue the activity. It also informed Ms. Madewell that she had the right to appeal the decision of the Building Official to the Board of Zoning Appeals if she felt his decision was incorrect. In correspondence dated April 30, 2008, Mr. Fickling indicated that they would comply with the Building Official’s request. As of the date of this memorandum no appeal has been filed. COOKEVILLE PLANNING COMMISSION 2 MAY 19, 2008 On April 10, 2008 a rezoning request was submitted by Ms. Madewell and Mr. Fickling. The request included a supplement stating that a change in employment occurred necessitating the temporary location of their law office at the subject location. In discussions with Mr. Fickling he indicated that they had been in the structure since December of 2007. City utility records indicate that Ms. Madewell applied for and received service for residential use for the subject property in November of 2007. On April 28, 2008 Mr. Fickling submitted a request for inclusion of the subject property in the North Dixie Avenue Historic District. It is anticipated that this request will be considered by the Historic Zoning Commission at its June 2008 meeting. If approved by the Historic Zoning Commission the proposal will be considered by the Planning Commission at its July 2008 meeting. A request from the previous owner of the property, Ms. Ruth Mitchell, to rezone the subject property from RS-15 to CN was denied by the Planning Commission in March of 2007 by a vote of 8 to 1. In 2007 the Planning Department recommended for approval of the rezoning subject to the property also being included in the North Dixie Avenue Historic District. It was noted by the Planning Department that inclusion in the historic district would require review and approval of the Historic Zoning Commission before any exterior structural changes or parking improvement could be completed. On May 13, 2008 Mr. Fickling submitted a packet of information regarding the rezoning request. The packet included information indicating that a restrictive covenant had been placed on the property prohibiting it from being utilized as a restaurant or any other facility that sells alcoholic beverages. It also included copies of letters from nearby property owners indicating that they had no objections to the rezoning. At the March 2007 meeting several nearby property owners spoke in opposition to the proposed rezoning. A concern noted by the Planning Department was the potential impact on Holly Avenue, a substandard street with a width of approximately 14 feet. Concerns mentioned by the residents included commercial encroachment, increased traffic, buffering, and the types of uses that are allowed in the CN District. Ms. Mitchell elected to not appeal the Planning Commission decision to the City Council. Staff stated that while still of the opinion that the subject property would be appropriately zoned as CN provided it was included in the North Dixie Avenue Historic District, the Planning Department is unaware of any changes that would justify the Planning Commission reversing its decision to deny rezoning in March 2007. Craig Fickling stated that he felt that the following had changed: (1) Asked to be included in the North Dixie Avenue Historic District, (2) Restrictive covenant recorded to prohibit restaurants or other facilities that would sell alcohol, (3) No specific use was presented to the Planning Commission on the previous request. Dr. Roy Loutzenheiser stated that rezoning requests are not for a specific use but for all the uses allowed in that zone, and that he felt that was no difference between this request and the one submitted last year. Bill Barnhardt, 326 North Dixie Avenue, was concerned about protecting the residential areas from continued encroachment by commercial businesses. Grace Forester, 215 Cherry Avenue, stated that this area is prime residential property with the high price of gasoline and will a good location for residents to walk to the Park when it is completed. COOKEVILLE PLANNING COMMISSION 3 MAY 19, 2008 Dan Donovan stated that he lives on North Dixie Avenue and recently purchased the commercial property adjacent to the property in question. Mr. Donovan wanted to leave this area residential and felt like there was enough commercial property already zoned for this type of use. David Hume, 310 North Dixie Avenue, stated that he did not see any changes between this request and the one presented last year. He would like to see Dixie Avenue and the surrounding areas preserved. Marcia Donovan stated that she would also like to see this property stay residential, but would suggest that the City create another Historic Zone to include the properties on First, Cherry and Holly. Craig Fickling stated that by zoning this property to CN would be consistence with the other properties on the street. He added that the ones against this rezoning did not live adjacent to the property. James Mills stated that the CN zone is designed to have a mixture of residential and commercial uses. Carla Clark, 216 Holly Avenue, shared her concern about extra traffic on Holly and the safety of those that walk due to Holly being so narrow. She also felt that residential would still be appropriate for this area. Nina Lunn stated that the Planning Commission looked very hard at the CN zone to maintain the integrity of the downtown area and the future of the City. She also shared her concern about the property owners not taking the proper steps to apply for the rezoning before moving their business to this location. Ryan Williams was concerned that the landowner did not recognize the planning of the City and didn’t apologize for not following the proper procedures. Don Prince made the motion to deny the rezoning request. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. DENIED. After this item was voted on, James Mills and Dr. Roy Loutzenheiser had to leave the Planning Commission meeting to attend another meeting. CONSIDER FOR ACTION FINAL PLAT OF THOMAS WHITE SUBDIVISION, 5 LOTS LOCATED OFF WHITSON AVENUE. REQUEST SUBMITTED BY THOMAS WHITE. Ken Young stated that Mr. Thomas White has submitted for approval a Final Plat of the Thomas White Subdivision, a 5-lot division of his property located off Whitson Avenue. The property proposed for subdivision consists of approximately 6.99 acres and is zoned as RS-15, Single Family Residential. Each of the lots has the required street frontage on Whitson Avenue and met the minimum size requirements. Lot 3 contains a cabin and Lot 4 contains a house, shed and detached garage. The cabin on Lot 3 and the garage on Lot 4 intrude into the required setbacks; however, a plat note states that in the event these are removed then new structures must comply with the building setbacks. Each lot has access to an existing water line. Lots 3, 4 and 5 have access to an existing sewer line located in the right-of-way of Whitson Avenue. Public sewer service must be extended to Lots 1 and 2 via a 20’ utility easement to an existing sewer line located south of the property. COOKEVILLE PLANNING COMMISSION 4 MAY 19, 2008 Staff recommended conditional approval subject to the provision of public sewer service to Lots 1 and 2 per the requirements of the Water Quality Control Department and to the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department. Don Prince made the motion to grant conditional approval subject to staff’s recommendation. Ryan Williams seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF OLEN ALLISON DIVISION – REDIVISION OF LOT 2, 3 LOTS LOCATED ON CLAY AND FREEDOM AVENUES. REQUEST SUBMITTED BY SHANE ALLISON. Ken Young stated that Mr. Olen Allison has submitted for approval a Final Plat of the Redivision of Lot 2 of the Olen Allison Division, a 3-lot division of his property located off Clay and Freedom Avenues. The property proposed for division consists of approximately 1.14 acres and is zoned as RS-10, Single Family Residential. Each of the lots fronts on an existing public street and has access to existing public water and sewer lines. Staff recommended conditional approval subject to the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department Don Prince made the motion to grant conditional approval subject to staff’s recommendation. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF SOUTH JEFFERSON BUSINESS PARK, PHASE II. REQUEST SUBMITTED BY KEITH SIMMONS. Ken Young stated that Mr. Keith Simmons with Thomas-Maynord Development, LLC has submitted for approval a Final Plat of the South Jefferson Business Park, Phase II, a 7-lot commercial subdivision located off South Jefferson Avenue. The property proposed for subdivision consists of approximately 4.62 acres and is zoned as CG, General Commercial. Conditional preliminary approval was granted for the development on July 23, 2007. The subdivision required street, sidewalk, drainage and utility improvements. All required street, drainage and utility improvements have been completed. Final street surfacing has also been completed per the specifications of the Public Works Department. The installation of sidewalks on one side of the new street has not been completed and a financial guarantee to insure completion is necessary. Staff recommended conditional approval subject to the following: 1. Submittal of as built drawings of utility infrastructure improvements 2. Submittal of a financial guarantee in lieu of sidewalk construction as specified in Article VI, Section J of the subdivision regulations 3. Submittal of required warranty of improvements as specified in Article II, Section J 4. Submittal of payment for street name, warning and regulatory signs as determined by the Public Works Department 5. Completion of corrections or additions to the Final Plat as determined necessary by the Planning Department COOKEVILLE PLANNING COMMISSION 5 MAY 19, 2008 Don Prince made the motion to grant conditional approval subject to staff’s recommendation. Ryan Williams seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION RESUBDIVISION LOTS 3 & 8 OF THE VILLAS AT MAPLE POINT, 6 LOTS LOCATED OFF MAPLE POINT DRIVE. REQUEST SUBMITTED BY LARRY BURGESS. Ken Young stated that Mr. Larry Burgess with Burgess/Cope-lands, LLC has submitted for approval a Final Plat of the Re-subdivision of Lots 3 & 8 of The Villas at Maple Point, a 6-lot division of property located off Maple Point Drive. The property proposed for re- subdivision consists of approximately .676 acres and is zoned as PRD, Planned Residential Development. The Final Plat and PRD Plan for this development was approved in November 2004 and authorized the construction of 28 condominium units. The PRD Plan depicted the development of the condominiums in groups of two and three units. The 12 lots depicted on the Final Plat were to be re-subdivided as the condominium groups were developed. This was deemed necessary in order to determine the exact location of property lines involving shared walls. In September 2005 the developer requested and gained approval from the Planning Commission that future approval of the two and three lot re-subdivisions could be done administratively by the Planning Department. Therefore, in this instance the developer could have submitted two separate 3-lot plats. The Planning Department advised the developer that due to the timing of the submission, a single plat with 6 lots could be submitted for consideration by the Planning Commission. Staff recommended conditional approval subject to the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department Don Prince made the motion to grant conditional approval subject to staff’s recommendation. Ryan Williams seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. 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 UPDATE OF TRANSPORTATION ANALYSIS AND PLAN ELEMENT OF COMPREHENSIVE FUTURE LAND USE PLAN. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY UPDATE OF SOCIO-ECONOMIC FACTORS ELEMENT OF COMPREHENSIVE FUTURE LAND USE PLAN. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY REQUEST TO DECLARE AS SURPLUS PORTION OF CITY PROPERTY ADJACENT TO 1603 LAKEPARK COURT. REQUEST SUBMITTED BY BRAD AND KAREN TARR. (4) CONSIDER FOR STUDY REQUEST TO DECLARE AS SURPLUS CITY PROPERTY IDENTIFIED AS PARCEL 22.00 ON MAP 53K, GROUP A AND LOCATED AT 65 REAGAN STREET. COOKEVILLE PLANNING COMMISSION 6 MAY 19, 2008 STAFF REPORTS: (1) SPECIAL CENSUS OF ANNEXATION AREA. Ken Young reported that the Special Census for the Bunker Hill Road/Lovelady Road Annexation Area will be conducted July 19- 31, 2008. A door-to-door survey will be taken by uniformed Police Officers. Only the names of the occupants at each house or apartment will be gathered. (1) MINOR PLAT APPROVALS: • HAGGERTY PROPERTY – 1 LOT LOCATED ON BREEN LANE – GREG HAGGERTY. • AIDAN MOORE DIVISION – 2 LOTS LOCATED ON WHITSON CHAPEL ROAD – LANE MOORE. • PLANTATION PROPERTIES REDIVISION – 2 LOTS LOCATED ON FOUTCH DRIVE – PLANTATION PROPERTIES. • J P TERRY FARM PHASE III, REDIVISION LOTS 10 & 11 – 2 LOTS LOCATED ON WYLESWOOD DRIVE – DONALD BUCKNER. ADJOURNMENT: 6:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION