Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES AUGUST 25, 2008 The Cookeville Planning Commission met on Monday, August 25, 2008 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Tod Williams, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Nina Lunn, Judy Jennings, Chris Wakefield, Ryan Williams, and Aaron Bernhardt. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Brian Horne, Heather Mullinix, Michael Sams, Marcia Donovan, Grace Forest, Tom Sergio, David Ray Smith, Skip Bartlett, Rebecca Ting, Luke Dalton, and Deborah Sam. WELCOME NEW MEMBER: Aaron Bernhardt. 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. Aaron Bernhardt announced that he will have to abstain from voting on Action Item #8. CONSIDER FOR APPROVAL THE MINUTES OF JULY 28, 2008. Dr. Angelo Volpe made the motion to approve the minutes of July 28, 2008. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated Mr. Lloyd Harris and Ms. Gail Harris have submitted a request to rezone from RS-10, Single Family Residential to CG, General Commercial their property located at the corner of Bill Smith Road and Foreman Drive. The subject property is identified as Parcel 57.02 on Tax Map 65. According to the records of the Putnam County Property Assessor the property consists of approximately 1.4 acres. The property is contiguous with the Bill Smith Subdivision and RS-10 zoning to the west, with CG zoning to the north and east, and with CI, Commercial- Industrial Mixed Use zoning to the south. The western portion of the subject property, consisting of approximately 1 acre, was originally platted as Lot No. 1 of the Bill Smith Subdivision. The remaining 0.4 acre of the property was a remnant from the realignment of Bill Smith Road and Foreman Drive that was at some point combined with the lot from the Bill Smith Subdivision. The Comprehensive Future Land Use Plan indicates that the property is best suited for mixed density residential use; however, it is contiguous with areas depicted as suitable for regional commercial and commercial-industrial mixed use. Bill Smith Road and Foreman Drive are classified in the Comprehensive Plan as Major Collector Streets. The property has adequate access to public utilities. Property owners in the Bill Smith Subdivision have provided information that the portion of the subject property identified as Lot No. 1 of the Bill Smith Subdivision is subject to deed restrictions that restrict it to residential use. If this portion of the property is prohibited from commercial use, rezoning it would not be appropriate. However, the portion of the property not originally a part of the Bill Smith Subdivision may be suitable for commercial zoning. Staff recommended denial of the rezoning request as submitted. Lloyd Harris stated that the lot was not suitable for a single-family home. Mr. Harris was wanting to use this property to put up a display and sign for his current Harris Monument business which is located on 540 Buffalo Valley Road. James Mills stated that he could not put an off-premise sign on the property if it was rezoned. Mr. Mills noted that the Board needs to look at all the uses that are allowed in the zone. COOKEVILLE PLANNING COMMISSION 2 AUGUST 25, 2008 Michael Sams shared his concern about additional traffic going thru a quiet residential neighhorhood and the possibility of future commercial development encroaching in this area. Ryan Williams stated that from Foreman Drive there is a one acre buffer zone that is already landscaped with trees between the corner lot and the residential houses. Dr. Roy Loutzenheiser stated that you get a different perspective if you look from the back yards of the residents in the Bill Smith Subdivision. Dr. Roy Loutzenheiser made the motion to deny the rezoning request. Chris Wakefield seconded the motion and the motion carried unanimously. DENIED. James Mills stated the Mr. Harris has the right to appeal the decision to the City Council by submitting a letter to the Department of Planning. CONSIDER FOR ACTION 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. James Mills stated Mr. Brian Horne, on behalf of St. Michaels Episcopal Church, has submitted a request to close and abandon a portion of an alley between properties owned by the church located south of East 7th Street. The subject alley is located between North Washington and Alberta Avenues and runs north-south from East 6th Street to East 7th Street. It has a surveyed right-of-way width of 15 feet and the portion requested for closure is approximately 165 feet in length. The alley is developed with a paved surface. The church owns both properties contiguous on either side of the portion of the alley requested for closure and abandonment. These are identified as Parcels 11.00 and 12.00 on Tax Map 53C, Group B. Five (5) parcels are contiguous on either side of the portion of the alley that would remain opened. The owners of these properties have been notified by the Planning Department; however, no comments have been received. These parcels and their owners are identified as follows: 1. Parcel 4.00, Map 53C, Group B owned by St. Michaels 2. Parcel 7.00, Map 53C, Group B owned by Edna Hall and Janet Green 3. Parcel 8.00, Map 53C, Group B owned by David Ray Smith 4. Parcel 9.00, Map 53C, Group B owned by Ray Smith 5. Parcel 10.00, Map 53C, Group B owned by Putnam Properties 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 • 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) The applicable city departments have reviewed the closure and abandonment request. A sewer line is located within the right-of-way and the Water Quality Control Department has requested that a utility easement be retained for the entire length and width of the alley should it be closed and abandoned. Staff recommended approval of closure and abandonment with sale to adjoining property owner in compliance with the Municipal Code subject to the retention of a utility easement for the entire length and width of the right-of-way. COOKEVILLE PLANNING COMMISSION 3 AUGUST 25, 2008 Brian Horne, representation for St. Michaels, stated that someone at the church was hit by a car and the church felt that it would be safer to barricade the alley next to the playground to prevent future accidents. Mr. Horne asked that if the City sold the property to the Church would the City commit to using the funds to fix the rest of the alley for the neighborhood. James Mills replied that only the City Council could approve the allocation of the funds received from the selling of property. Ray Smith owns property on the alley and he said that the City had abandoned the alley years ago. Mr. Smith added that the alley holds water and that the drain was higher than the road and he would like to see the alley improved. James Mills replied that he will have the Public Works Director look at the alley. Dr. Angelo Volpe made the motion to approve the closure and abandonment subject to staff’s recommendation. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that the Historic Zoning Commission has recommended that Historic Overlay Zoning be established for 14 properties located on East 1st and 4th Streets and Cherry and Holly Avenues and that the properties be included in the North Dixie 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. At the request of the Historic Zoning Commission, the Planning Department completed a study on the possible expansion of the North Dixie Historic District. The study consisted of 34 parcels of property located west of the Historic District along Cherry Avenue from East 1st Street to East 4th Street. The owners of the 34 parcels were polled as to whether they favored historic overlay zoning for their property. The poll indicated that the required two/thirds approval could not be achieved for the entire area. Generally those property owners who resided in the area favored historic zoning and those who did not were opposed. It was determined however that two smaller areas consisting of six contiguous parcels along East 4th Street and eight contiguous parcels located along Cherry and Holly Avenues would meet the approval requirement. These areas and the properties are as follows: East 4th Street Area (66.6% approval) 1. 115 East 4th owned by Phillip and Lee Anne Hall (favor) 2. 125 East 4th owned by Cook House, Inc. (no response) 3. 127 East 4th owned by Peter Metts (favor) 4. 371 Cherry owned by Peter Magura (opposed) 5. 368 Cherry owned by Glen and Doris Whittaker (favor) 6. 360 Cherry owned by Harold Hensley (favor) Cherry/Holly Area (75.0 % approval) 1. 206 Holly owned by Lucille Stockton (favor) 2. 216 Holly owned by Karla Clarke (no response) 3. 105 Cherry owned by Daniel and Marcia Donavan (favor) 4. 115 Cherry owned by Finis Henson (no response) 5. 207 Cherry owned by Millard Hammock (favor) 6. 215 Cherry owned by Grace Forest (favor) 7. 210 Cherry owned by Amy Johnson (favor) 8. 204 Cherry owned by Jason and Rachel McCormick (favor) With the exception of the property at 105 Cherry Avenue, which is zoned as CN, Commercial Neighborhood, the underlying zoning is RS-15, Single Family Residential. Eleven of the parcels are used for single family residential purposes, two are used for multi-family residential purposes, and one is used as a professional office. The parcels COOKEVILLE PLANNING COMMISSION 4 AUGUST 25, 2008 used for multi-family residential are nonconforming. According to the records of the Property Assessor, the dates of construction range from 1900 (210 Cherry Avenue) to 1986 (105 Cherry Avenue) with 11 of the 16 structures more than 50 years old. The Historic Zoning Commission has determined that the subject properties comply with the requirements for historic overlay zoning and has recommended that they be included within the North Dixie Avenue Historic District. Staff recommended approval of Historic Overlay Zoning and inclusion in the North Dixie Avenue Historic District. Grace Forester, 215 Cherry Avenue, stated that she was in favor of the request. She felt that the old parts of Cookeville should be preserved. Mrs. Forester added that in order to keep the area more viable if would help to have a grocery store in the area so that residents could walk to the store. Dr. Angelo Volpe made the motion to approve the Historic Overlay Zoning as submitted and to include those properties in the North Dixie Avenue Historic District. Nina Lunn seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING A PORTION OF 929 WEST JACKSON STREET FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY REBECCA TING. James Mills stated Ms. Rebecca Ting has submitted a request to rezone from RD, Single Family and Duplex Residential to CL, Local Commercial a portion of her property located at 929 West Jackson Street. The subject property is identified as Parcel 19.02 on Tax Map 53H, Group F. According to the records of the Putnam County Property Assessor the property consists of approximately 0.91 acres. The property is contiguous with CL zoning to the north, south, and west, and with RD zoning to the east. The current zoning of the subject property is split, with the majority, approximately 0.73 acres, zoned as CL and the remaining approximately 0.18 acres zoned as RD. The Comprehensive Future Land Use Plan indicates that this property would be best suited for commercial use. The property is accessed from a major arterial street and adequate utilities are available. The impact of the proposed rezoning on adjacent or nearby properties should be minimal. The only non-commercially zoned property contiguous with the subject parcel, which is zoned as RD and used for multi-family residential purposes, is also owned Ms. Ting. This property is identified as parcel 19.00 on Map 53H, Group F. Subsequent to the rezoning request before the Commission, Ms. Ting submitted a subdivision plat resubdividing Parcels 19.00 and 19.02. The resubdivison would leave an area of approximately 4,900 square feet of the proposed Parcel 19.00 zoned as RD. Ms. Ting has requested that her rezoning request be modified so that all of the proposed resubdivided Parcel No. 19.00 be zoned as CL. Staff recommended approval of rezoning based on requested modification subject to the approval of submitted resubdivision plat of Parcels 19.00 and 19.02. Mrs. Rebecca Ting stated that the revisions to the rezoning request will help meet the parking requirements for the proposed commercial building that is going to be built on the property. Tod Williams made the motion to approve the modified rezoning request, subject to Final Plat approval. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF THE RESERVE AT THE COUNTRY CLUB, PHASE I, 112 LOTS LOCATED OFF SHAG RAG ROAD. REQUEST SUBMITTED BY TOM SERGIO. James Mills stated Mr. Tom Sergio has submitted for approval a Final Plat of The Reserve at the Country Club, Phase I, a 112 lot subdivision located off Shag Rag Road, Beecher Boulevard and Candyland Drive. The property subdivided is identified as Parcels 26.00 and 27.00 on Tax Map 41 and consists of approximately 80 acres and is zoned as RS-5, Single Family Residential. Phase I of the development consists of approximately 27.38 acres. Preliminary plat approval for Phase I, consisting of 100 lots, was originally conditionally granted in February COOKEVILLE PLANNING COMMISSION 5 AUGUST 25, 2008 2007. In March of 2008 a revised Preliminary Plat, consisting of 115 lots, was granted conditional approval. The Final Plat depicts a reduction of three (3) lots from the Preliminary Plat. The subdivision required street, drainage and sidewalk construction, extension of water service and installation of fire hydrants, installation of public sewer service, and the installation of underground electric service. Street construction has been completed through the gravel base stage and the majority of the asphalt binder surface stage. The developer has indicated that he intends to financially guarantee the completion of the curb and sidewalk construction. The subdivision was approved for the installation of sidewalks three (3) feet in width on both sides of all streets in lieu of sidewalks four (4) feet in width on one side of all streets. A portion of the required drainage improvements have been completed and the developer has requested that he be allowed to financially guarantee the completion of the remaining facilities. The subdivision was approved with the use of rain gardens for a major portion of the drainage system. Natural gas, phone and cable television trunk lines have been installed. Staff recommended conditional final approval subject to the following: • Completion of revisions to Final Plat as determined by the Planning Department, including the depiction of all drainage facilities and easements, and all utility easements • Completion of grading of entire street cross-section which includes facilities for drainage, including rain gardens, and sidewalk locations and the completion of any utility relocations required as a result of the grading • Approval and recording of deed restrictions/covenants pertaining to the maintenance of drainage facilities including rain gardens • Completion of installation of asphalt binder surfacing • Reinstallation of all lot stakes/pins/monuments • Submittal of proof of recording and copy of deed to utility easement to pump station • Submittal and approval of As-Built Plans • Payment of fee to Public Works Department in the amount of $1,800 for the installation of all street name and warning signs • Submittal of Financial Guarantee in the amount of $83,000 for the completion of sidewalks • Payment of Final Street Surface in the amount of $84,700 • Submittal of Financial Guarantee in the amount of $52,000 for the completion of street curbing • Submittal of Financial Guarantee in the amount of $125,000 for the completion of drainage facilities including rain gardens • Submittal of Financial Guarantee in the amount of $25,000 for the completion of minor water and sewer facility adjustments, and • Submittal of Two-Year Warranty of Improvements in the amount of $10,000. The Board had questions about the rain gardens and who would be responsible for the maintenance of the rain gardens. Mr. Mills explained the concept of rain gardens and added that the rain gardens are designed by engineers and approved by the City Engineer. Mr. Mills added that the maintenance of the rain gardens will be the responsibility of the property owners and that there will be notations in the deed restrictions and on the final plat so that it will be clear to everyone purchasing lots in the subdivision. Dr. Angelo Volpe made the motion to grant conditional Final Plat approval, subject to staff’s recommendation. Tod Williams seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION PRELIMINARY PLAT OF ST. JAMES PLACE WEST CONDOMINIUMS, 30 UNITS LOCATED ON SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY JERRY GAW. James Mills stated Mr. Jerry Gaw has submitted for approval a Preliminary Plat of St. James Place Condominiums, a proposed 30 unit condominium development located off South Walnut Avenue. The property proposed for the condominium development is identified as Parcel 17.00 on Tax Map 53O, Group B and consists of approximately 3.258 acres. It is zoned as RM-8, Multi-Family Residential. Condominium developments are a permitted use in the RM-8 district subject to the submittal and approval of a subdivision plat. The minimum lot area requirement per dwelling unit in the RM-8 district is 5,000 square feet, which would allow an estimated 47 units on the subject property. The proposed development will not require any public street construction or the extension of public utilities. COOKEVILLE PLANNING COMMISSION 6 AUGUST 25, 2008 Staff recommended conditional approval of Preliminary Plat subject to the completion of corrections as determined by the Planning Department and to the submittal and approval of site and grading plans. Jerry Gaw was not present at the meeting. Judy Jennings made the motion to grant conditional Preliminary Plat approval subject to staff’s recommendation. Nina Lunn seconded the motion. Votes: Jim Stafne--aye, Tod Williams--aye, Dr. Angelo Volpe--aye, Dr. Roy Loutzenheiser--aye, Nina Lunn--aye, Judy Jennings--aye, Chris Wakefield--aye, Ryan Williams--aye, and Aaron Bernhardt--abstain. Motion carried. CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF H. V. LEWIS DIVISION – 7 LOTS LOCATED OFF HOLLADAY AND BUFFALO VALLEY ROADS. REQUEST SUBMITTED BY H. V. LEWIS HEIRS. James Mills stated the heirs of H. V. Lewis have submitted for approval a Final Plat of the H. V. Lewis Division, a seven lot subdivision off Holladay and Buffalo Valley Roads. The property proposed for subdivision is identified as Parcel 116.02 on Tax Map 54 and consists of approximately 5.23 acres. It is zoned as RS-20, Single Family Residential and the plat depicts compliance with the lot size requirements of this district. Lot No. 1 is occupied by a single family structure. Each of the lots has frontage on an existing city street and has access to public water and sewer service. Water service is provided by the Double Springs Utility District. Staff recommended approval of the Final Plat. Dr. Angelo Volpe made the motion to approve the Final Plat of H. V. Lewis Division. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF UNIVERSITY-HOSPITAL URBAN RENEWAL AREA, RESUBDIVISION OF LOTS 70-73, 4 LOTS LOCATED OFF MCCLELLAN COURT. REQUEST SUBMITTED BY HABITAT FOR HUMANITY. James Mills stated the Putnam County Habitat for Humanity has submitted for approval a Final Plat of the Resubdivision Lots 70-73 University-Hospital Urban Renewal Area, a four lot subdivision off McClellan Court. The property proposed for subdivision is identified as Parcel 37.00 on Tax Map 53A, Group G and consists of approximately 1.755 acres. It is zoned as RS-10, Single Family Residential and the plat depicts compliance with the lot size requirements of this district. Each of the lots has frontage on an existing city street and has access to public water and sewer service. Staff recommended conditional approval of Final Plat subject to the depiction of drainage and utility easements and hydrant location. Tod Williams made the motion to grant conditional Final Plat 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 PARK VILLAGE, REDIVISION OF LOTS 38-41, 5 LOTS LOCATED ON FISK ROAD. REQUEST SUBMITTED BY DONNIE MEADOWS. James Mills stated that Mr. Donny Meadows has submitted for approval a Final Plat of the Resubdivision of Lots 38-41 of the Park Village Subdivision, a 5 lot redivision located off Fisk Road. The properties proposed for resubdivision are identified as Parcels 6.00, 7.00, 8.00, and 9.00 on Tax Map 40L, Group H and consists of approximately1.85 acres. They are zoned as RS-10, Single Family Residential and the plat depicts compliance with the lot size requirements of this district. A single family structure has been erected on the proposed Lot No. 41A. Each of the lots has frontage on an existing city street and has access to public water and sewer service. A drainage ditch that traverses existing Lot Nos. 40 and 41 is proposed for relocation by the developer. Consultation with the Tennessee Department of Environment and Conservation is required to determine if the proposed alteration requires an Aquatic Resources Alteration Permit. All required permits must be submitted and COOKEVILLE PLANNING COMMISSION 7 AUGUST 25, 2008 the project must be completed in compliance with the provisions of the Public Works Department. An existing sewer line also crosses these lots, but is not proposed for relocation. Staff recommended conditional approval subject to relocation of drainage ditch in compliance with the provisions of the Public Works Department and depiction of buildable area on proposed Lot No. 41. Donnie Meadows was not present at the meeting. Nina Lunn made the motion to grant conditional Final Plat approval, subject to staff’s recommendation. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. Dr. Angelo Volpe made the motion to take the following items for study. Ryan Willams 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. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • PARK WEST PHASE I - COMBINATION PLAT OF LOTS 25 & 26 – 1 LOT LOCATED ON PARK WEST DRIVE – JIM FOLTZ. • KEYLON VIEW – 2 LOTS LOCATED ON SHIPLEY ROAD – HORACE PENNINGTON. • ADAMS USA DIVISION – 2 LOTS LOCATED ON SOUTH JEFFERSON AVENUE AND ARTHUR DRIVE – RAY ABEL. ADJOURNMENT: 6:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION