Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 27, 2008 The Cookeville Planning Commission met on Monday, October 27, 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, Judy Jennings, Chris Wakefield, Aaron Bernhardt, and Randy Dalton. MEMBERS ABSENT: Ryan Williams. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Ed Greenwell, J. D. Parks, Bob Faulhaber, Marquita Massa, Jim Herrin and Heather Mullinix. Jim Stafne stated that a letter of resignation had been received by Nina Lunn and that her services will be missed by the Planning Commission. WELCOME NEW MEMBER – RANDY DALTON. Mr. Stafne welcomed Randy Dalton as the newest member of the Cookeville Planning Commission. Jim Stafne announced that Aaron Bernhardt will be abstaining from Action Items #3 and #5. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe 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 AUGUST 25, 2008. Dr. Angelo Volpe made the motion to approve the minutes of August 25, 2008. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF MAGNOLIA ON TENTH, 32 UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1011 EAST 10TH STREET. REQUEST SUBMITTED BY JERRY GAW. (MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Dr. Angelo Volpe made the motion to move this item from Study to Action. Judy Jennings seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Angelo Volpe -aye, Dr. Roy Loutzenheiser -aye, Judy Jennings -aye, Chris Wakefield – aye , Aaron Bernhardt - abstain, and Randy Dalton - aye. Motion carried. APPROVED MOVING THIS ITEM FROM STUDY TO ACTION. Ken Young stated that Mr. Jerry Gaw has submitted for approval a Preliminary Plat of the Magnolia on Tenth Condominiums, a proposed 32 unit development of his property located on East 10th Street between Regions Bank and First Tennessee Bank. COOKEVILLE PLANNING COMMISSION 2 OCTOBER 27, 2008 The property proposed for development is identified on Tax Map 040M, Group B as Parcel 4.00. The tract is currently vacant and consists of approximately 2.49 acres. The parcel is zoned as CL (Local Commercial) which allows condominiums as a use permitted on review and approval by the Planning Commission of a subdivision plat submitted in accordance with the Cookeville Subdivision Regulations as per Section 221.3 of the Cookeville Zoning Code. The entire rear of the tract and the majority portions of both sides of the tract are adjacent to parcels zoned as single family residential lots. As a result, a Type II buffer screen is required along these residential lots. However, Mr. Gaw submitted a written request dated October 22, 2008 asking to be allowed to change the Type II buffer screen to a Type III buffer screen in order to reduce the width of the buffer yard from twenty feet to ten feet. This is allowed under Paragraph 3 of Section 208.6F of the Zoning Code which states “where a Type 2 Screen/Buffer Yard is required the width of the buffer yard may be reduced from twenty (20) feet to ten (10) feet provided the screening requirements of the Type 3 Screen/Buffer Yard are met. This shall not serve to reduce any required building setbacks.” The property will be connected to the existing six-inch water line and eight-inch sewer line located in the right-of-way of E. 10th Street. The plat shows the proposed creation of a new cul-de-sac, approximately 600’ in length and terminating in a hammerhead design. All proposed infrastructure improvements, including the new street, will be privately owned and maintained as stated in the Homeowner Association Agreement (HOA). The HOA will be submitted in conjunction with the final plat for Planning Commission review and consideration. An existing utility pole sited at the proposed entrance to the new development is to be relocated as depicted on the plat. Finally, the plat depicts the dedication of property along the entire frontage of the tract measured 30’ from the centerline of E. 10th Street. Staff recommended approval of change in buffer screen type as requested and conditional preliminary approval subject to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Jim Stafne added for the record that at the December 18, 2006 Planning Commission meeting Mr. Gaw stated that no more than 22 condominium units would be built on the property if it was rezoned. Jerry Gaw was not present at the meeting. James Mills stated that the number of units meets the requirement of the Zoning Code. Dr. Roy Loutzenheiser made the motion to approve changing the buffer from a Type 2 to a Type 3 and grant conditional Preliminary Plat approval according to staff’s recommendation. Dr. Angelo Volpe seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Angelo Volpe -aye, Dr. Roy Loutzenheiser -aye, Judy Jennings -aye, Chris Wakefield – aye , Aaron Bernhardt - abstain, and Randy Dalton - aye. Motion carried. APPROVED CHANGING THE BUFFER FROM TYPE 2 TO TYPE 3, AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION VARIANCE TO REDUCE THE NUMBER OF LANES REQUIRED FOR A NEW STREET FROM 3 LANES TO 2 LANES, A VARIANCE TO REDUCE THE RIGHT-OF-WAY REQUIREMENT FROM 60’ TO 50’ AND A COOKEVILLE PLANNING COMMISSION 3 OCTOBER 27, 2008 VARIANCE TO WAIVE THE SIDEWALK REQUIREMENTS, AND PRELIMINARY PLAT APPROVAL OF BLACKWELL PARK, 12 LOTS LOCATED OFF BLACKWELL ROAD. REQUEST SUBMITTED BY J. D. PARKS. (MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Dr. Angelo Volpe made the motion to move this item from Study to Action. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED MOVING THIS ITEM FROM STUDY TO ACTION. Ken Young stated that Mr. J.D. Parks of Heritage Commercial Holdings, LLC has submitted for approval a Preliminary Plat of the Blackwell Park Subdivision, a 12-lot commercial subdivision located off Blackwell Road. Mr. Parks has also submitted requests for three variances on the project. The property proposed for subdivision is identified on Tax Map 083 as Parcels 073.00, 074.00 and 077.03, consists of approximately 26.74 total acres and is sited in three different zoning categories. The rear section of the property which contains Lot 7 and a portion of Lot 6, is zoned RS10 (Single Family Residential) and contains a significant area in the rear that is within the 100 year flood plain. The center section of the property is zoned LM (Light Manufacturing) and contains Lots 2, 3, 4, 5 and 8. In addition, portions of Lots 1, 6, 9 and 10 are within this zoning category. The remainder of the property is zoned CI (Commercial – Industrial Mixed Use) and contains Lot 12 and the remaining portions of Lots 1, 9 and 10. It should be noted that a substantial portion of the infrastructure improvements shown on the preliminary plat have already been constructed and installed. This activity was initiated prior to the preliminary plat being submitted for consideration on September 15, 2008. A new cul- de-sac to be named Blackwell Park which will be approximately 850’ in length is currently under construction on the site and will serve all the interior lots. The entrance to this new street is approximately 1150 feet from the southern right-of-way of South Maple Avenue. A new six-inch waterline has also been installed and as shown on the plat it connects to the existing six-inch waterline located in the right-of-way of Blackwell Road. A new sewer line within the development has been installed and connects via a utility easement crossing Lot 7 to an existing manhole on the property and an existing manhole offsite. Two existing hydrants located in the right-of-way of Blackwell Road will serve the site in addition to one new hydrant sited at the end of the new cul-de-sac. In addition, the plat depicts the dedication of property along the entire frontage of the tract measured 25’ from the centerline of Blackwell Road which conforms to the requirements in Article V, Section E, Subsection 2 of the Cookeville Subdivision Regulations. The developer will be responsible to upgrade the section of Blackwell Road that borders the property to meet current road standards as required by Article V, Section F (Substandard Existing Streets) of the aforementioned regulations. Lot 1 contains a new metal building that was permitted on July 11, 2008 and Lots 2 – 11 are currently vacant. Lot 12 contains an existing building that encroaches within the front setback. However, a plat note states that in the event this building is removed or destroyed it could only be rebuilt in conformance with the current setbacks. Mr. Parks also submitted a request for two variances concerning the right-of way and pavement width requirements of the regulations as well as the number of required lanes. As stated in Article V, Section B, 2 of the regulations, for construction purposes, all streets intended for industrial developments and/or large commercial developments shall be COOKEVILLE PLANNING COMMISSION 4 OCTOBER 27, 2008 classified as Major Collector Streets. This classification requires that the right-of-way width be no less than 60’ and the pavement width no less than 36’ containing three traffic lanes. Mr. Parks has requested that the street be classified as a Minor Collector Street which would allow two traffic lanes and a 50’ right-of-way width and a 24’ pavement width. The basis for these variances are contained in a letter dated October 1, 2008 submitted by Mr. Parks. In addition, Mr. Parks submitted a separate request dated October 21, 2008 for a waiver of the requirement to install sidewalks in the development, which also includes the basis for this request. Staff recommended approval of the variances as requested due to the low traffic volumes anticipated to serve 12 lots and the negligible impact on the intercity street network of a cul- de-sac, which by definition is a permanent dead end designed so that it cannot be extended in the future. Provided the variances are approved, conditional plat approval is recommended subject to the completion of corrections or additions to the Preliminary Plat as determined necessary by the Planning Department and/or other appropriate city departments. James Mills added that Mr. Parks will also need a Variance in the length of a dead-end cul- de-sac. Judy Jennings made the motion to approve the variances and grant conditional Preliminary Plat approval according to staff’s recommendation. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED VARIANCES AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF ST. JAMES PLACE PHASE III, RESUBDIVISION OF LOT #1, 9 LOTS LOCATED ON ST. JAMES PLACE. REQUEST SUBMITTED BY JERRY GAW. Ken Young stated that Mr. Jerry Gaw has submitted for approval a Final Plat of St. James Place Phase III, a 9 lot zero lot line townhouse development of his property located at S. Walnut Avenue and St. James Place. The property proposed for development is identified on Tax Map 053O, Group D as Parcel 001.00, which consists of approximately 2.49 acres and is adjacent to Phase II of the development. This is the final phase of the development that was initiated in August 2006 with the approval of the preliminary plat of the overall project. Phase I, subdividing one lot into seven lots, was granted final approval in June 2007 by the Planning Commission. Phase II, was granted final approval by the Planning Commission in December 2007 and consisted of the subdivision of four lots into nineteen lots. The parcel is zoned as RM8 (Multi-Family Residential) which allows for zero lot line single family attached dwellings as a use permitted on review and approval by the Planning Commission of a subdivision plat submitted in accordance with the Cookeville Subdivision Regulations as per Section 235.3 of the Cookeville Zoning Code. The northern property line borders properties that are zoned CG (General Commercial) and as a result no landscape screening is required. A .15 acre section on the western edge of the property is depicted as a Common Area that contains a 15’ underground utility easement. A .117 acre section on the eastern edge of the property is also depicted as a Common Area that contains a 10’ and a 20’ underground utility easement. Neither of these areas can be used as building lots. No new street construction was required as all lots have street frontage on the existing St. James Place which was approved in Phase COOKEVILLE PLANNING COMMISSION 5 OCTOBER 27, 2008 II of the development. In addition, Public Works, Electric, Gas, Fire and Water & Sewer Departments have reported that all the utilities are installed satisfactorily. Staff recommended conditional approval subject to the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Jerry Gaw was not present at the meeting. Chris Wakefield made the motion to grant conditional Final Plat approval subject to staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Angelo Volpe -aye, Dr. Roy Loutzenheiser -aye, Judy Jennings - aye, Chris Wakefield – aye , Aaron Bernhardt - abstain, and Randy Dalton - aye. Motion carried. GRANTED CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION VARIANCE FOR FLAG LOT AND FINAL PLAT OF MARQUITA MASSA DIVISION, 2 LOTS LOCATED ON MINE LICK CREEK ROAD. REQUEST SUBMITTED BY MARQUITA MASSA. Ken Young stated that Ms. Marquita Massa has submitted for approval a Final Plat of the Marquita Massa Division, a flag type, two lot subdivision of her property located off Mine Lick Creek Road. The property proposed for division is identified on Tax Map 065 as Parcel 83.02, is approximately 1.32 acres in area and contains two separate detached dwelling units. The parcel is zoned as RS20 (Single Family Residential). The lots are both served by the existing four-inch water line located in the right-of-way of Mine Lick Creek Road which is owned by the Double Springs Utility District. Electric service at the site is currently provided by UCEMC. Sanitary sewer service is not yet available in the area and therefore, both lots are served by existing septic tanks and field lines located within the confines of each lot as platted. Copies of both septic permits have been filled with the Planning Department. Lot 1 has road frontage on Mine Lick Creek Road. However, Lot 2 is designed as a flag lot that will be accessed from Mine Lick Creek Road via a 26.63’ wide strip that is adjacent to an existing 20’ driveway easement. Article X, Section G of the Cookeville Subdivision regulations states that flag lots can be permitted only for existing lots of record and only upon the approval of a variance by the Planning Commission. Staff recommended approval of the flag lot variance as requested and conditional approval of the Final Plat subject to the completion of corrections or additions as determined necessary by the Planning Department and/or other appropriate city departments and/or utility service providers. Mrs. Marguita Massa requested that the plat be withdrawn from the agenda. Dr. Angelo Volpe made the motion to remove this plat from the agenda. Judy Jennings seconded the motion and the motion carried unanimously. PLAT REMOVED FROM THE AGENDA. Judy Jennings made the motion to take the following items for study. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. STUDY ITEMS. COOKEVILLE PLANNING COMMISSION 6 OCTOBER 27, 2008 (1) CONSIDER FOR STUDY AMENDMENTS TO ZONING CODE SECTION 204.9, “FENCES, WALLS AND HEDGES”. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY REZONING A PORTION OF 801 NOTTINGHAM DRIVE FROM CR (REGIONAL COMMERCIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JERRY GAW, PAUL GAW, AND JAMES SMITH. (3) CONSIDER FOR STUDY REZONING 641 HORACE LEWIS ROAD FROM CI (COMMERCIAL-INDUSTRIAL MIXED USE) TO HM (HEAVY MANUFACTURING). REQUEST SUBMITTED BY JANNIE WORLEY TRUSTEE ON BEHALF OF ELLIE BULLINGTON TRUST. (4) CONSIDER FOR STUDY REZONING 402, 420 & 430 PEEK DRIVE AND 412 BLAKE CIRCLE FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY MICHAEL AND LOUISE GAW. STAFF REPORTS: (1) UPDATE OF TRANSPORTATION ANALYSIS AND PLAN ELEMENT OF COMPREHENSIVE FUTURE LAND USE PLAN. (2) UPDATE OF SOCIO-ECONOMIC FACTORS OF COMPREHENSIVE LAND USE PLAN. (3) UPDATE OF EXISTING LAND-USE ANALYSIS ELEMENT OF COMPREHENSIVE LAND USE PLAN. (4) MINOR PLAT APPROVALS: • RIDGECREST PARTNERSHIP PHASE II – 2 LOTS LOCATED ON FERN CIRCLE- WASHINGTON AVENUE INVESTMENTS. • ST JACKSON MARKET PLACE – RESUBDIVISON OF LOT #3 DALLAS MAXWELL SUBDIVISION - 2 LOTS LOCATED ON WEST JACKSON STREET. • PARKER BOLES DIVISION – 2 LOTS LOCATED ON RIDGEDALE DRIVE – PARKER BOLES. • WINDSOR HILLS ISLAND DIVISION – 2 LOTS LOCATED ON NOTTINGHAM DRIVE – JERRY GAW. • K & R PARTNERS DIVISION – 2 LOTS LOCATED ON WEST JACKSON STREET – K & R PARTNERS. • RESUBDIVISION OF JERE WHITSON CHURCH OF CHRIST – 1 LOT LOCATED ON EAST 18TH STREET – JERE WHITSON CHURCH OF CHRIST. ADJOURNMENT: 6:00 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ ______________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION