Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 28, 2008 The Cookeville Planning Commission met on Monday, July 28, 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, 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: See attached Record of Attendance. James Mills announced that the Planning Department received a letter of resignation from Don Prince on July 8, 2008. Jim Stafne stated that Don Prince will be missed for his service to the Planning Commission and as the Planning Commission Representative to the Historic Zoning Commission. Dr. Angelo Volpe made the motion to have the City Council recognize Don Prince for his service. Nina Lunn seconded the motion and the motion carried unanimously. RECOGNITION FOR SERVICE. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 23, 2008. Dr. Angelo Volpe made the motion to approve the minutes of June 23, 2008. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING A PORTION OF 1724 AND 1742 EAST SPRING STREET FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL) REQUEST SUBMITTED BY DONNY MEADOWS. James Mills stated that Mr. Donnie Meadows has submitted a request to rezone from RS- 20, Single Family Residential to CL, Local Commercial a portion of his property located at 1724 and 1742 East Spring Street. The subject properties are identified as Parcels 17.00 and 18.00 on Tax Map 52O, Group B. According to a submitted survey the two parcels consist of approximately 9.9 acres combined. Zoning of the properties is currently split with the front approximately 270 feet, consisting of an estimated 2.90 acres zoned as CL and remaining 7.0 acres zoned as RS-20. The properties are contiguous with RS-20 zoning to the north, with RS-20 and CL zoning to the east and west, and with CL zoning to the south. COOKEVILLE PLANNING COMMISSION 2 JULY 28, 2008 The portion of the property proposed for rezoning extends an additional 330 feet consisting of approximately 3.7 acres. The total proposed area for CL zoning would extend approximately 600 feet from East Spring Street, consisting of an estimated 6.6 acres. At its closest point the proposed CL zone line would be approximately 130 feet from the contiguous properties to the north. If the request is approved, the portion of the property that would remain zoned as RS-20 would consist of approximately 3.3 acres. Mr. Meadows has indicated in his rezoning petition that the purpose of the request is for multi-family residential development. A preliminary site plan was submitted with the request. While it has not been completely reviewed for compliance with the Zoning Code requirements, it depicts a portion of the proposed development being located within the RS-20 zone. This would not be permitted. Also, the existing portion of the property zoned as CL extends 300 feet front the center line of East Spring Street, not 300 feet from the edge of the right-of-way as depicted on the site plan. Multi-family residential use is a permitted use in the CL zone. The minimum lot area requirement is 3,000 square feet per dwelling unit. Within the portion of the subject properties currently zoned as CL an estimated 42 multi-family dwelling units can be constructed. Rezoning of the requested 3.7 acres would allow the location of an estimated additional 53 units, or a total of approximately 95 units. There are several issues that should be examined in the consideration of this request, including the following: • Compliance with City Plans. The Comprehensive Future Land Use Plan indicates that properties fronting East Spring Street would be best suited for commercial uses. In the opinion of the Planning Department the proposed rezoning would be in compliance with the plan provided the commercially zoned portions of the properties are not accessed from the low density residential areas to the north. • Adequate Infrastructure Availability. Commercial and high density residential developments should generally be located on streets of major collector status and have access to public utilities. The subject properties front East Spring Street (U.S. Highway 70N), which is classified as a major arterial. The properties are served by a 10 inch water line located along East Spring Street. A public sewer force main is located along the northern boundary of the subject properties. There is some question as to the capacity of this force main to serve the number of multi-family units that would be permitted if the properties are rezoned. Should it be determined that the capacity will be exceeded the developer has the option of installing a pump station and connecting to an existing gravity sewer main located approximately 1,000 feet west on East Spring Street. • Impact on Adjoining Properties. The Burton Estates Subdivision is contiguous to the subject properties to the north. In the proposed rezoning, the northern approximately 3.3 acres of the subject properties adjacent to the single family subdivision will remain zoned as RS-20. The proposed CL zone line would be no closer than approximately 130 feet from the southern boundaries of the adjacent properties. Screening and buffering COOKEVILLE PLANNING COMMISSION 3 JULY 28, 2008 requirements would also have to be met. Driveway access from Rockwell Drive to the commercially zoned portions of the subject properties would be prohibited. The location of a sinkhole in the northeastern portion of the properties would also limit any development of the area to remain zoned as RS-20. Staff recommended approval of the rezoning. Donnie Meadows stated that there is a sinkhole where his property intersects with Burton Lane and Rockwell Drive and that he is not proposing an entrance there. Mr. Meadows added that he will be moving his office to this site and he will also have additional retail space available in the existing CL zone. Mr. Meadows stated that he was going to preserve the trees in the front and keep the trees around the perimeter of the property. The duplexes will be in the style of Old Town Charleston, South Carolina. John Sullivan, 650 Rockwell Drive, stated his concerns for the safety of the children in the neighborhood, in case a back entrance is extended to Rockwell Drive. Lee Campbell, 677 Rockwell Drive, was concerned that when this development is allowed to tie on to the pump station that the line would have limited capacity left and would prevent their subdivision from receiving sewer in the future. He was also concerned about the stormwater drainage due to the problems with flooding that the neighborhood already has. James Mills replied that the engineering design for the provision of sewer to the neighborhood did not involve the pump station. Mr. Mills added that the City of Cookeville had strict guidelines for stormwater retention and that the proposed development could not increase the amount of run off from the site. Carl Simmons, 582 Burton Lane, was also concerned about the drainage issues. Wanda Fitzpatrick, 1720 E. Spring Street and 644 Whitson Chapel Road, questioned whether the trees along her property line would be saved. Donnie Meadows replied that the plans will be to keep all the trees along the shared property lines. Jeff Jones spoke an behalf of his mother Jean Jones, who lives at 669 Rockwell Road, share their concern also for the drainage, filling the sinkhole, and the access to Rockwell Road. He added that this area has not been able to handle additional water runoff in the past. Nina Lunn stated that she was concerned about the development and its effect on the neighborhood. Mrs. Lunn asked the developer if he would be willing to reduce the number of units if it was a strain on the sewer lines. COOKEVILLE PLANNING COMMISSION 4 JULY 28, 2008 Donnie Meadows replied that he would only build the number of units that the City allows. Dr. Roy Loutzenheiser stated that the number of units would increase the traffic on Highway 70 which was a concern by some of the neighbors. Chris Wakefield made the motion to approve the rezoning request, based on staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion. Votes: Judy Jennings-- nay, Dr. Roy Loutzenheiser--aye, Nina Lunn--nay, Jim Stafne--aye, Dr. Angelo Volpe-aye, Chris Wakefield-aye, Ryan Williams-aye, and Tod Williams-aye. APPROVED. CONSIDER FOR ACTION REQUEST FOR HISTORIC OVERLAY ZONING FOR 118 EAST FIRST STREET. REQUEST SUBMITTED BY HISTORIC ZONING COMMISSION. James Mills stated that an application for Historic Overlay Zoning has been submitted by Mr. Craig Fickling and Ms. Melaney Madewell for their property located at 118 East First Street. They have specifically requested that the property be included in the North Dixie Avenue Historic District. The procedure for the establishment or expansion of a historic overlay zone is provided in Section 232.4 of the Zoning Code. The process requires the recommendation of the Historic Zoning and Planning Commissions and the approval of the City Council. Additionally the Zoning Code requires that two/thirds of the property owners proposed for the historic overlay zoning favor such zoning. In this case only one property is involved and the owners have requested the zoning. The Historic Zoning Commission is required to determine that certain criteria are met. Located on the property is a single family residential structure that has been converted to an attorney’s office. According the records of the Putnam County Property Assessor, the structure at 118 East First Street was constructed in 1957. The minimum age requirement for a structure to be considered historic is fifty years, therefore the structure would qualify as historic. A photo of the structure is included in the booklets. The underlying zoning of the subject property is CN, Neighborhood Commercial. The CN District is a mixed use district in which low density residential uses and limited office, business and retail uses are permitted. All non-residential uses are required to be compatible with nearby residential uses in terms of scale and appearance. A portion of the existing North Dixie Avenue Historic District is currently zoned as CN. The Historic Zoning Commission has determined that the subject property complies with the requirements for historic overlay zoning and has recommended that it be included within the North Dixie Avenue Historic District. Staff recommended approval of Historic Overlay Zoning for the property at 118 East 1st Street and inclusion in the North Dixie Avenue Historic District. COOKEVILLE PLANNING COMMISSION 5 JULY 28, 2008 Tod Williams made the motion to approve the Historic Overlay Zoning for 118 East 1st Street. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST FOR CLOSURE AND ABANDONMENT PORTION OF THE UNDEVELOPED RIGHT-OF-WAY OF POPLAR AVENUE. REQUEST SUBMITTED BY DANNY FRYE. James Mills stated that Mr. Danny Frye has submitted a request for the closure and abandonment of a portion of the undeveloped street right-of-way of Poplar Avenue adjacent to his property located at 130 Poplar Avenue. The subject portion of the undeveloped right-of-way is located between East 2nd Street and Craighead Drive and is adjacent to the eastern right-of-way of the Nashville and Eastern Railroad. The undeveloped right-of-way extends northward to East 4th Street. It has a surveyed width of 40 feet and the portion requested for closure is approximately 210 feet in length. Based on a survey submitted by Mr. Frye, a shed type structure is partially located in the right-of-way as well as in the railroad right-of-way. Only one (1) parcel is contiguous with the portion of the undeveloped right-of-way proposed for closure and abandonment. Parcel 3 on Map 53B, Group G, owned by Mr. Frye, is contiguous with the right-of-way on the eastern boundary. 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 and recording costs to be paid for by the petitioner) In April 2007 a similar request from Mr. Frye was denied. This denial was based primarily on a recommendation from the Public Works Department. Of concern to the Public Works Department was the potential use of the right-of-way for the construction of a greenway through the area and the possibility of Popular Avenue being extended at some point in the future. Mr. Frye’s current request differs significantly from the 2007 request. In this request Mr. Frye has requested that one-half the width of the right-of-way (20 feet) adjacent to his property be closed and that the remainder of the right-of-way be designated by the city as COOKEVILLE PLANNING COMMISSION 6 JULY 28, 2008 an alley. Designating the remainder as an alley would reduce the required building setback on Mr. Frye’s contiguous property. Setbacks from alleys are classified as rear or side setbacks. He has also requested that the undeveloped right-of-way of Craighead Drive adjacent to the northern boundary also be designated as an alley likewise reducing the required setbacks. The property at 130 Poplar has frontage on three street right-of-ways requiring building setbacks of 30 feet, which significantly limits the building area. Mr. Frye’s request also differs in that he now agrees to permanently remove the existing structure partially located within the undeveloped street and railroad right-of-ways. With the removal of the structure and closure of only half the width of the right-of-way, the same approximate right-of-way width would be available to the city for any future street extension or greenway construction. The applicable city departments have reviewed the closure and abandonment request. The Water, Sewer and Gas Departments indicate that they have no facilities within the right-of- way. The Electric Department indicates the retention of a utility easement would be necessary if the right-of-way is closed and abandoned. The Public Works Department has also approved the request as submitted. Staff recommended approval of closure and abandonment of the portion of the undeveloped street right-of-way of Poplar Avenue as requested with the establishment of a minimum price based on the per square foot tax appraised value of the adjacent property identified as Parcel 3 on Map 53B, Group G, approval of designating the remainder of the undeveloped right-of-way or Poplar Avenue and the undeveloped right-of-way of Craighead Drive as alleys, subject to the permanent removal of the structure located in the undeveloped right-of-way of Poplar Avenue and to the retention of utility easements as determined necessary. Danny Frye was not present at the meeting. Dr. Roy Loutzenheiser made the motion to approve the closure and abandonment, subject to staff’s recommendation. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED, WITH CONDITIONS. Tod Williams made the motion to take the following items for study. Nina Lunn seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY 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. COOKEVILLE PLANNING COMMISSION 7 JULY 28, 2008 (3) CONSIDER FOR STUDY REZONING PROPERTY LOCATED ON THE CORNER OF BILL SMITH ROAD AND FOREMAN DRIVE FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY LLOYD AND GAIL HARRIS. (4) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF A PORTION OF AN ALLEY LOCATED BEHIND ST. MICHAEL’S EPISCOPAL CHURCH BETWEEN EAST 6TH & EAST 7TH STREETS. REQUEST SUBMITTED BY ST. MICHAEL’S EPISCOPAL CHURCH. (5) CONSIDER FOR STUDY REQUEST FOR HISTORIC OVERLAY ZONING FOR 105 EAST FIRST STREET, 115, 204, 207, 210, 215, 360, 368, AND 371 CHERRY AVENUE, 206 AND 216 HOLLY AVENUE, AND 115, 125, AND 127 EAST FOURTH STREET. REQUEST SUBMITTED BY HISTORIC ZONING COMMISSION. (6) CONSIDER FOR STUDY REZONING A PORTION OF 929 WEST JACKSON STREET FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY REBECCA TING. (7) CONSIDER FOR STUDY PRELIMINARY PLAT OF ST. JAMES PLACE WEST – 30 CONDOMINIUMS UNITS LOCATED ON SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY JERRY GAW. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • REVISED PLAT CHESTER RAY SUBDIVISION – 2 LOTS LOCATED ON SHAG RAG ROAD – KENNETH MAYBERRY. • THURMAN GAW DIVISION – 2 LOTS LOCATED ON NORTH DIXIE AVENUE – EDDIE GAW. • RESUBDIVISION OF LOTS 1 & 11 OF THE VILLAS AT MAPLE POINT – 2 LOTS LOCATED ON MAPLE POINT DRIVE – BURGESS/COPELANDS, LLC. • COMBINATION PLAT OF LOTS 14 & 15 OF SUGARTREE – 1 LOT LOCATED ON SUGARTREE POINTE – RANDY EVANS. ADJOURNMENT: 6:50 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION