Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JUNE 23, 2008 The Cookeville Planning Commission met on Monday, June 23, 2008 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 Ken Young. OTHERS PRESENT: Justin Cumby, Terry & Reba McCoy, Megan Trotter, Brad & Karen Tarr, and Andy Redus. 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 MAY 19, 2008. Dr. Angelo Volpe made the motion to approve the minutes of May 19, 2008. Don Prince seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST TO DECLARE AS SURPLUS PORTION OF CITY PROPERTY ADJACENT TO 1603 LAKEPARK COURT. REQUEST SUBMITTED BY BRAD AND KAREN TARR. James Mills stated that Mr. Brad Tarr has submitted a request that a portion of city property at City Lake adjacent to his property be declared as surplus and made available for purchase. Mr. Tarr owns the property located at 1603 Lakepark Court which is contiguous with City Lake. In the process of trying to sell the property it was determined that a portion of the house had actually been constructed on city property adjacent to the lake. It was also determined that the propane tank serving the house is located on city property. Mr. Tarr’s surplus property proposal includes a request for a utility easement to access the propane tank. Mr. Tarr has submitted a survey indicating that approximately 1,324 square feet of city property would need to be acquired to remove the structure and provide a setback for the encroachment. Staff recommended approval of declaring as surplus and making available for purchase the city property as depicted on the submitted survey subject to the review and approval of the applicable city departments and approval of the granting of a utility easement subject to the termination of the easement upon the removal of the propane tank. Terry McCoy, 1602 Lakepark Court, lives adjacent to the request and had no problem with the easement. COOKEVILLE PLANNING COMMISSION 2 JUNE 23, 2008 Brad Tarr stated that he purchased the property from the builder and did not get a survey at the time. The builder told him where the property lines were at and he assumed that they were correct. The encroachment was found when they tried to sell their house. Don Prince made the motion to approval declaring as surplus and making available for purchase the city property as depicted on the submitted survey, subject to the review and approval of the applicable city departments and approved granting a utility easement subject to the termination of the easement upon the removal of the propane tank. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST TO DECLARE AS SURPLUS CITY PROPERTY IDENTIFIED AS PARCEL 22.00 ON MAP 53K, GROUP A AND LOCATED AT 65 REAGAN STREET. REQUEST SUBMITTED BY ANDY REDUS. James Mills stated that Mr. Andy Redus has submitted a request that city property located at 65 Reagan Street and identified as Parcel 22.00 on Map 53K, Group A be declared as surplus and made available for purchase. The subject property consists of approximately 0.40 acres. It is currently partially used as public parking. The property was previously used as the location of a Boy Scout facility. Mr. Redus owns property contiguous to the east and south of the subject property. He has indicated that he would like to acquire the property to allow a larger development. Both properties are zoned CBD, Central Business District. The Cookeville Gas and Water Quality Control Departments have indicated that they have facilities located along and/or within the subject property and have requested that appropriate utility easements be retained. Staff recommended approval of declaring as surplus and making available for purchase the city property located at 65 Reagan Street and identified as Parcel 22.00 on Map 53K, Group A, subject to the retention of easements 15 feet in width on either side of all existing utility lines. Dr. Angelo Volpe made the motion to approve declaring as surplus 65 Reagan Street, subject to the retention of 15’ easements on either side of all existing utility lines. Don Prince seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER FOR ACTION RESOLUTION RELINQUISHING REGIONAL PLANNING AUTHORITY. REQUEST SUBMITTED BY STAFF. James Mills stated that in 2007 Tennessee Code Section 13-3-102 was amended to require that two (2) members of a municipal regional planning commission with more than five (5) members must reside from outside the municipal boundary. Due to the size of the Cookeville Planning Commission, this can only be accomplished by the removal of at least one (1) current member. COOKEVILLE PLANNING COMMISSION 3 JUNE 23, 2008 The Cookeville Planning Region extends to the Urban Growth Boundary. As a Regional Planning Commission, the Cookeville Planning Commission has the authority to review and approve all subdivision developments within its region, including the areas outside the municipal boundary. It also has the authority to plan for the area of the region outside the municipal boundary and review infrastructure improvement proposals for compliance with the plan. In counties without zoning, municipalities with regional planning commission may also adopt zoning for the area outside its corporate limits within the planning region. The City of Cookeville has not enacting zoning outside its corporate limits and there are no known plans to do so in the future. Although the Planning Region and Urban Growth Boundary encompass the same area they are separate jurisdictional areas. The Urban Growth Boundary depicts the area that a municipality is expected to grow into over a 20 year planning period. It is also the boundary in which a municipality may annex by ordinance. While the purpose of the 2007 amendment to TCA 13-3-102 was to provide representation on regional planning commissions from the unincorporated portions of planning region, the amendment, in the opinion of the Planning Department, was poorly conceived and failed to address numerous negative consequences. The negative impacts include, but are not limited to, the following: 1. Requires the removal of existing highly qualified, long serving members of the Planning Commission. 2. Requires the appointment of members who would vote on regulatory issues such as zoning which they would not be subject to. 3. Creates unfair and unequal representation with two (2) members representing a significantly smaller population ratio than the remaining seven (7) members and this ratio will continue to decline as additional areas are annexed. 4. Creates a limited and shrinking pool of potential members and this pool will continue to shrink as additional areas are annexed. 5. Requires the continual replacement of members as those from outside the municipal boundary are annexed. At a public work session earlier this year, the Planning Department reviewed the amendment with the Cookeville City Council and discussed potential options to address the negative ramifications. These options included: 1. Expanding the Planning Commission membership to the maximum of ten (10) members. This option would reduce the number of current members that would have to be replaced but would not avoid the numerous other negative effects of the amendment. 2. Pursuing the enactment of a bill to amend TCA Section 13-3-102 to address the negatives effects of the 2007 amendment or a bill to exempt the City of Cookeville from the amended provisions of TCA Section 13-3-102. 3. Relinquishing the regional planning authority of the Cookeville Planning Commission. COOKEVILLE PLANNING COMMISSION 4 JUNE 23, 2008 Following the work session, the City Council requested that the Putnam County Representatives to the Tennessee General Assembly sponsor, support, and insure the enactment of a bill to amend TCA 13-3-102 or a bill to exempt the City of Cookeville from the amended provisions of TCA Section 13-3-102. This effort was unsuccessful. Senator Burks declined to support the City and Representative Fincher was unable to move a bill forward. Since legislative action seems not to be feasible, it appears that the only option available to avoid the negative effects of the 2007 amendment of TCA Section 13-3-102 is to relinquish the regional planning authority of the Cookeville Planning Commission. According to the State Director of the Local Planning Assistance Office, the process to relinquish requires notification from the city through adoption of resolutions by both the Planning Commission and City Council to the Local Government Planning Advisory Committee on behalf of the Tennessee Department of Economic and Community Development. Under the current provisions of the TCA, the primary impact of relinquishing regional planning authority would be to cede authority for the review of subdivision and infrastructure improvements located outside the city to the county planning commission. The city would retain its Urban Growth Boundary and it is expected that the city would continue to develop plans for all properties within the boundary. The effect of future amendments to the TCA on the decision to relinquish regional authority is unknown. Staff recommended approval of the Resolution recommending that the Cookeville City Council approve relinquishing the regional regulatory authority of the Cookeville Regional Planning Commission within the unincorporated portions of the Urban Growth Boundary, reverting this authority to the Putnam County Regional Planning Commission, and designating the Cookeville Regional Planning Commission as the Cookeville Municipal Planning Commission Dr. Angelo Volpe made the motion to approve the Resolution relinquishing Regional Planning Authority. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. Don Prince made the motion to take the following items for study. Dr. Angelo Volpe 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 OF COMPREHENSIVE LAND USE PLAN. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY REZONING A PORTION OF 1724 AND 1742 EAST SPRING STREET FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL) REQUEST SUBMITTED BY DONNY MEADOWS. COOKEVILLE PLANNING COMMISSION 5 JUNE 23, 2008 (4) CONSIDER FOR STUDY HISTORIC ZONING OVERLAY FOR 118 EAST FIRST STREET. REQUEST SUBMITTED BY HISTORIC COMMISSION. (5) CONSIDER FOR STUDY REQUEST FOR CLOSURE AND ABANDONMENT PORTION OF THE UNDEVELOPED RIGHT-OF-WAY OF POPLAR AVENUE. REQUEST SUBMITTED BY DANNY FRYE. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • CHAFFIN DIVISION, PHASE I – 2 LOTS LOCATED ON SOUTH OLD KENTUCKY ROAD – TAYES REALTY. • CHAFFIN DIVISION, PHASE II – 2 LOTS LOCATED ON SOUTH OLD KENTUCKY ROAD – TAYES REALTY. • CHAFFIN DIVISION, PHASE III – 2 LOTS LOCATED ON SOUTH OLD KENTUCKY ROAD – TAYES REALTY. • OLEN ALLISON DIVISION – 2 LOTS LOCATED ON CLAY AVENUE – SHANE ALLISON. • BARTIK DIVISION 2 – 1 LOT LOCATED ON FISK ROAD – IAN BARTIK. • RESUBDIVISION LOT #1 OF THE SOUTH MAPLE BUSINESS PARK PHASE 3 – 2 LOTS LOCATED ON ENGLAND DRIVE – NEW SOUTH MAPLE PARTNERS LLC & THE DOLL COMPANY • DIVISION OF LOT #19 WINDSOR HILLS SUBDIVISION – 2 LOTS LOCATED ON NOTTINGHAM DRIVE – ANDY MILTON. • REDIVISION OF LOTS 1 & 2 ESTER WILKES DIVISION – 2 LOTS LOCATED ON BRASWELL STREET – ROBERT COX. • RESUBDIVISION OF WALKER SPRINGS PHASE I – 2 LOTS LOCATED ON SOUTH MAPLE AVENUE – MAX CARTER. • COMBINATION PLAT OF THE REDIVISION OF PLANTATION PROPERTIES DIVISION - 1 LOT LOCATED ON THE CORNER OF KING STREET AND FOUTCH DRIVE – PLANTATION PROPERTIES. ADJOURNMENT: 5:58 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION