Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 23, 2009 The Cookeville Planning Commission met on Monday, February 23, 2009 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, Ryan Williams, Aaron Bernhardt, and Randy Dalton. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Justin Cumby, Noel Tolbert, Andy Milton, Greg Lane, Brenda England, Doug England, Jerry Gaw, Heather Mullinix, Lane Moore, and Ronnie Kelly. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda with the amendment to postpone Action Item #4 until the March 23, 2009 meeting. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. Tod Williams made the motion amend the agenda to move Study Item #4 to Action Item #10. 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, Ryan Williams - aye, Aaron Bernhardt - abstain, and Randy Dalton - aye. APPROVED. Tod Williams made the motion to adopt the amended agenda. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 26, 2009. Tod Williams made the motion to approve the minutes of January 26, 2009. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 204.9, “FENCES, WALLS AND HEDGES”. REQUEST SUBMITTED BY STAFF. James Mills stated that over the past several years the Planning and Codes Departments have received numerous complaints about the location, safety and appearance of fences, walls and hedges. Some of the concerns include: • Traffic visibility issues from solid fences being placed adjacent to streets, • Pedestrian safety issues from the use of barbed wire fencing, and • Appearance issues from the unfinished side of fences facing toward adjoining properties. The City of Cookeville’s current regulations for fences, walls and hedges are found in Section 204.9 of the Zoning Code and either do not address or inadequately address these concerns. To address some of these concerns the Planning Department has prepared for consideration revised requirements. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 23, 2009 The components of the revised requirements include requiring permits for new fencing and walls; restricting fencing and wall materials; regulating the height, location and orientation of fencing, walls and hedges; and requiring maintenance of fences and walls. Staff recommended approval of the amendments. Ronnie Kelly suggested that the Board look at allowing woven wire or chain link in the front yard on large tracts as exceptions. For example where a house maybe located on the back of a lot and they have a pasture field in front of their house that could be fenced in for livestock. James Mills stated that in order to have livestock you are required to have a minimum of 5 acres and that the code could be changed in section 204.9C 7 to exempt 5 acres or larger. Section 204.9C 7 amended to read as follows: In all residential districts on parcels less than five (5) acres in size, fences of chain link, woven wire or similar material are prohibited in the area between the front of the principal structure and any street. Randy Dalton made the motion to approve the amendments to the Zoning Code Section 204.09, “Fences, Walls and Hedges” as recommended by staff. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 208 TO ESTABLISH ARCHITECTURAL DESIGN REQUIREMENTS. REQUEST SUBMITTED BY STAFF. The Board approved postponing this item until the March 23, 2009 meeting when approving the agenda. POSTPONED UNTIL MARCH 23, 2009. CONSIDER FOR ACTION REZONING 6.7 ACRES ON GAINESBORO GRADE (TAX MAP 39, PARCEL 58.04) FROM CL (LOCAL COMMERCIAL) AND RS-10 (SINGLE-FAMILY RESIDENTIAL) TO RS-5 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY H & E ENTERPRISES. James Mills stated that Mr. Ed Butler, on behalf of H & E Enterprises, has submitted a request to rezone from CL, Local Commercial and RS-10, Single Family Residential to RS-5, Single Family Residential property located off West 12th Street/Gainesboro Grade (State Highway 290). The subject property is identified as Parcel 58.04 on Tax Map 39 and consists of approximately 6.7 acres. It is contiguous with RM-8, Multi-Family Residential zoning to the east, with RS-10 zoning to the south, and with CL and RS-10 zoning to the west. A large multi-family residential development is located adjacent to the east, the Melrose Subdivision is adjacent to the south, and the adjacent area to the west is currently undeveloped. The area north of the property is unincorporated and not zoned. The current zoning of the subject property is split with the northern portion fronting West 12th Street consisting of approximately 3.8 acres zoned as CL and the southern portion consisting of approximately 2.9 acres zoned as RS-10. The RS-5 zone is intended for moderate density single-family development. The minimum lot size requirement in this zone is 5,000 square feet per dwelling unit. The petitioner has COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 23, 2009 indicated in the rezoning application that the purpose of the rezoning request is for the development of a single-family residential subdivision. A draft of a proposed subdivision plat indicates that approximately 40 lots could be developed on the property if rezoned. Assuming residential development of the property under current zoning, approximately 55 multi-family units could be located on the portion of the property zoned as CL and approximately 10 single family units could be located on the portion zoned as RS-10. The proposed rezoning would indicate a potential 40 percent reduction of residential density. The Comprehensive Future Land Use Plan indicates that the subject property would primarily be best suited for low density residential development with a smaller portion along West 12th Street being best suited for mixed density development. The proposed rezoning would appear to be more in agreement with the Land Use Plan than the current zoning. Adequate infrastructure, including water and sewer, are indicated as being available to the property. Staff recommended approval of the rezoning. Dr. Angelo Volpe made the motion to approve rezoning 6.7 acres on Gainesboro Grade (Tax Map 39, Parcel 58.04) from CL (Local Commercial) and RS-10 (Single-Family Residential) to RS-5 (Single-Family Residential). Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED REZONING. CONSIDER FOR ACTION FINAL PLAT OF REBECCA PLACE PHASE V, 6 LOTS LOCATED ON BUNKER HILL ROAD. REQUEST SUBMITTED BY R. NOEL TOLBERT. Ken Young stated that Mr. Noel Tolbert has submitted for approval a Final Plat of the Rebecca Place, Phase V Subdivision, a six lot residential subdivision located off Bunker Hill Road, adjacent to Phase IV of the development. No preliminary plat was required for this new phase of the development because it contains less than ten building lots and no new public infrastructure is proposed or needed. The property proposed for subdivision is identified on Tax Map 96 as a portion of Parcel 1.00 and consists of approximately 3.13 acres. The remainder of the parcel is approximately 116 acres. The property is zoned as RS20, Single Family Residential and all lots have access to Bunker Hill Road. A right-of-way dedication of 25 feet from the center line of Bunker Hill Road is depicted on the plat. Sidewalks are not required as this is an existing public road. Portions of the rear section of Lot 1 and a sliver in the rear of Lot 2 are within the 100 year flood plain. This impairment is primarily located in the building setback areas. A fifty foot wide corridor has been left between Lots 3 & 4 to access the parent tract in order to allow access for future development. The Public Works Department has determined that this access strip would allow for sufficient sight distance in order to safely connect to Bunker Hill Road in the future. The new lots will be served by the existing twelve-inch water line and an existing fire hydrant located in the right-of-way of Bunker Hill Road. The Water Quality Control Department has confirmed that sewer service is not currently available to the site. Subsequently, the developer has proposed individual septic tanks on each lot to manage subsurface waste disposal. COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 23, 2009 Staff recommended conditional Final Plat approval subject to the following: • State approval for subsurface waste disposal systems, • Completion of corrections or additions to the plat as determined necessary by the Planning Department, and • Conditional approval expires in 90 days. Ronnie Kelly stated that there is no sewer now, but it is in the long range plans. Dr. Angelo Volpe made the motion to grant conditional Final Plat approval of Rebecca Place Phase V, subject to staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION PRELIMINARY PLAT OF GREG LANE SUBDIVISION, 9 LOTS LOCATED OFF WHITSON CHAPEL ROAD. REQUEST SUBMITTED BY GREG LANE. Ken Young stated that Mr. Greg Lane has submitted for approval a Preliminary Plat of the Greg Lane Subdivision, a nine lot residential subdivision located off Whitson Chapel Road. Although this development is less than ten lots, a preliminary plat was required because a new cul-de-sac is proposed for construction which will serve all the lots as well as new utilities. The property proposed for subdivision is identified on Tax Map 52 as Parcel 33.05 and consists of approximately 5.02 acres. The property is zoned as RS-20, Single Family Residential. No portions of the property are located within the 100 year flood plain. The new lots will be served by a new six-inch water line which will connect to the existing eight-inch water line located in the right-of-way of Whitson Chapel Road. In addition, a four-inch gas line located in the right-of-way of Whitson Chapel Road could be used in the future to supply natural gas to the development. One new fire hydrant is proposed for installation at the end of the new cul-de-sac. Sewer is currently not available at the site, and subsequently the developer has proposed individual septic tanks on each lot to manage subsurface waste disposal. However, the Department of Water Quality Control is currently in discussions with the developer and adjacent landowners to determine the feasibility of obtaining access to sewer lines that are in the near vicinity of the property. A determination regarding the matter of sidewalks will be contingent upon the resolution of the waste disposal issue. Sidewalks are not required if public sewer is not available. Conversely, sidewalks are required if new streets are constructed and sewer is available. Staff recommended conditional Preliminary Plat approval subject to the following: • Final determination of the appropriate manner of waste removal as determined by the Department of Water Quality Control. If sewer extension to the site is not obtained, state approval for subsurface waste disposal will be required, • Final determination of the sidewalk requirement based on the final determination of the waste disposal matter, COOKEVILLE PLANNING COMMISSION 5 FEBRUARY 23, 2009 • Submission and approval of drainage and grading plans, • Submission and approval of water & sewer (if required) plans, • Submission and approval of street (and sidewalks if required) construction plans, • Scheduling and attending a pre-construction meeting with all relevant departments, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department. Doug England stated that Greg Lane’s Subdivision will be on septic tanks and that Mr. Lane plans on installing sidewalks. There was discussion regarding the availability of sewer and whether the developer should be required to tie onto the system. Staff noted a public sewerline was located approximately 100 feet east of the proposed subdivision on an adjacent property. Staff further stated that the Planning Department favored the property being on sewer, however, there was some question about requiring the developer to acquire an easement from an adjoining property owner. Lane Moore, property owner to the south, stated that Evergreen, Redbud, and 18 Grand Subdivisions located on Buck Mountain Road are all on sewer. He requested that the Board require that Greg Lane tie onto sewer since he is only 90’ to 100’ from the sewer line. The easement would be located in a swampy area that probably could not be developed. Ronnie Kelly, Director of Water Quality Control Department, stated that he had talked to Dr. Randy Gaw who owns the property adjacent to Greg Lane, and Dr. Gaw stated that he would be open to discussion about an easement. Greg Lane stated that he would like to put in sewer to increase the property values of his lots. Chris Wakefield made the motion to grant conditional Preliminary Plat approval of Greg Lane Subdivision, subject to staff’s recommendation and with the exception that the developer will be required to connect onto public sewer. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION VARIANCE TO REDUCE THE RIGHT-OF-WAY FROM 50’ TO 40’, A VARIANCE TO REDUCE THE DIAMETER OF THE CUL-DE-SAC RIGHT-OF-WAY FROM 100’ TO 90’, AND PRELIMINARY PLAT & PRD PLAN APPROVAL OF RIDGECREST NORTH END DIVISION, RESUBDIVISION OF LOTS 11 & 12 AND RESUBDIVISION OF FUTURE DEVELOPMENT, 5 LOTS LOCATED ON EAST GATE CIRCLE. REQUEST SUBMITTED BY CROWN PROPERTIES. Ken Young stated that Mr. Andy Milton, on behalf of Crown Properties, has submitted a five-lot combined Preliminary Plat and PRD Plan of Ridgecrest North End Division located off Eastgate Circle. This is a re-subdivision of two lots in the Ridgecrest Townhomes Subdivision and an adjacent area that had been set aside for future development. Three of the lots will contain new structures with two structures containing two units each and one structure containing three units each for a total of seven new units. Lots 1 and 5 each contain existing structures. COOKEVILLE PLANNING COMMISSION 6 FEBRUARY 23, 2009 The property proposed for development is identified on Tax Map 052B, Group A as Parcels 11.00, 12.00 and 41.00 and is zoned PRD (Planned Residential Development). The entire western boundary of the tract is adjacent to the State Route 111 right-of-way, the northern property boundary is also the city’s corporate boundary, the southern edge of the development is adjacent to properties also in the PRD zone and the parcel borders property on the east that is zoned as RS-10 Single Family Residential. A new cul-de-sac will complete the existing road, Eastgate Circle. The existing section of the road has a 44’ right-of-way. The developer has requested a variance to reduce the right-of-way for the new street from 45 feet to 40 feet and the right-of-way diameter of the cul-de-sac from 100 feet to 90 feet. All required street pavement widths would be met. Sidewalks are required along one side of the new street The property will be served by a new six-inch water line that will be connected to the existing six-inch water line located in the right-of-way of Eastgate Circle. In addition, a new hydrant will installed at the end of the new cul-de-sac to supplement the existing hydrant located in front of Lot 5. A new eight-inch sewer line will be connected to the existing sewer line via a 30’ wide easement across the adjacent Lowe property which will be shown in detail on the final plat Staff recommended approval of the variance to reduce the right-of way width to 40’ and approval of the variance to reduce the diameter of the cul-de-sac right-of-way to 90’. Conditional Preliminary Plat and PRD Plan approval subject to the following: • Submission and approval of drainage and grading plans, • Submission and approval of street and sidewalks construction plans, • Submission and approval of water & sewer plans, • Scheduling and attending a pre-construction meeting with all applicable departments, and • Completion of corrections or additions to the Preliminary Plat as determined necessary by the Planning Department. Tod Williams made the motion to approve a variance to reduce the right-of-way width from 50’ to 40’, a variance to reduce the diameter of the cul-de-sac right-of-way from 100’ to 90’, and grant conditional Preliminary Plat and PRD Plan approval of Ridgecrest North End Division, subject to staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED VARIANCES, AND GRANTED CONDITIONAL APPROVAL OF PRELIMINARY PLAT AND PRD PLAN. CONSIDER FOR ACTION 2009 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed the 2009 Annual Report and Program Design. The purpose of this report is to review the activities of 2008 and to outline proposed activities for 2009. Some of the major tasks completed in 2008 included: • Prepared and adopted amendment to Future Land Use Plan relative to Regional Industrial/Business Park and 5th Interchange development, COOKEVILLE PLANNING COMMISSION 7 FEBRUARY 23, 2009 • Completed updates of Socio-Economic Factors Affecting Development, Transportation Analysis, and Existing Land Use Analysis elements and initiated update of Future Transportation Plan element for Revised Comprehensive Plan, • Relinquished Regional Planning Authority, • Completed Special Census of annexed area, 261 people added to certified population, • Prepared and initiated review of Architectural Design Requirements, • Prepared and initiated review of revised requirements for Fences, Walls and Hedges, • Prepared subdivision development computer database, • Prepared historic districts computer database, and • Initiated city-owned property computer database. The major work activities proposed for 2009 include: • Complete preparation and adopt revised Comprehensive Future Land Use Plan, • Complete preparation and adopt revised Major Street Plan, • Complete review and consider for adoption Architectural Design Requirements, • Complete review and consider for adoption revised requirements for Fences, Walls and Hedges, • Prepare and consider for adoption revised provisions for Sinkhole Retention Areas upon completion of TTU Sinkhole Study, • Complete study on possible amendment to CN, Commercial Neighborhood District, and • Complete city-owned property computer database. Staff recommended approval of the Annual Report and Program Design. Dr. Roy Loutzenheiser made the motion to approve the 2009 Annual Report and Program Design. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION VARIANCE TO WAIVE THE RIGHT-OF-WAY DEDICATION REQUIREMENTS AND PRELIMINARY PLAT APPROVAL OF UNIVERSITY CENTER CONDOMINIUMS SUBDIVISION, 1 LOT LOCATED ON THE CORNER OF WEST 12TH STREET AND AUTUMN AVENUE. REQUEST SUBMITTED BY JERRY GAW. (THE PROPERTY OWNER IS REQUESTING THAT THIS ITEM BE MOVED FROM STUDY TO ACTION. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) The Board voted to move this item from Study to Action when approving the agenda. James Mills stated this item requires the approval of the Planning Commission to move it from a study item to an action item. Mr. Jerry Gaw has submitted for approval a Preliminary Plat of the University Center Condominiums Subdivision, a proposed 28 unit residential condominium development located off West 12th Street, Autumn Avenue and Brandon Drive. COOKEVILLE PLANNING COMMISSION 8 FEBRUARY 23, 2009 The property proposed for condominium development is identified on Tax Map 40J, Group A as Parcel 5.00. The tract is currently vacant and consists of approximately 1.94 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. The minimum lot area requirement for multi-family residential use in the CL zone is 3,000 square feet per dwelling unit, which indicates that a maximum of 28 dwelling units could be located on the subject property. According to the developer approximately 20 of the condominiums will be 4-bedroom units and eight will be 2-bedroom units. The submitted plat indicates that units 21 through 28 would encroach within the required building setback line off Brandon Drive. Mr. Gaw has applied for a variance from the Board of Zoning Appeals to reduce the required setback off Brandon Drive. Adequate public water and sewer service appear to be available to the property. No public street construction is indicated on the plat. The installation of sidewalks and the provisions of landscape yards ten feet in width along all street frontages are required by the Zoning Code. Mr. Gaw has requested a waiver from the Building Official for the sidewalk installation requirement on Brandon Drive. Autumn Avenue (17-18 feet pavement width) and Brandon Drive (15 feet pavement width) are substandard streets in both right-of-way and pavement width. Article V, Section E of the Subdivision Regulations requires the dedication of half the required right of way from the center line of existing streets with inadequate right-of-ways. In the proposed development up to 14 feet of right-of-way dedication would be required. Article V, Section F of the Subdivision Regulations requires that the developer must improve any substandard street necessary to meet the demands of the proposed subdivision. Mr. Gaw has submitted a request that the right-of-way dedication requirements for Autumn Avenue and Brandon Drive and street improvement requirements on Brandon Drive be waived. Both Autumn Avenue and Brandon Drive are dead-end streets. Brandon Drive has a length of approximately 270 feet and provides access to one 9-unit apartment complex. No access to Brandon Drive from the proposed development is indicated on the submitted plat. Due to topography it is unlikely that Brandon Drive could ever be extended. Based on these factors the waiver of the street improvement and right-of-way dedication requirements on Brandon Drive appears to be justified. Autumn Avenue has a length of approximately 810 feet and provides access to five apartment complexes and six single family dwellings for a total of 70 dwelling units. Due to topography it is unlikely that Autumn Avenue could ever be extended. As noted the developer has indicated that he will improve Autumn Avenue to the required pavement width and intends to provide the required sidewalk. The reduction of the right-of-way dedication necessary to widen the street to a pavement width of 20 feet and to provide the required sidewalk and separation strip would appear to be appropriate. Staff recommended approval of waiver of right-of-way dedication and street improvement requirements for Brandon Drive; approval of reduction of right-of-way dedication for Autumn Avenue to the amount necessary to widen the street to a pavement width of 20 feet and to COOKEVILLE PLANNING COMMISSION 9 FEBRUARY 23, 2009 provide the required sidewalk and separation strip; and conditional preliminary plat approval subject to the following: • Completion of corrections or additions to the plat as determined necessary by the Planning Department, including any corrections based upon the outcome of the requests submitted to the Board of Zoning Appeals, • No access to the development from Brandon Drive, • Widening of Autumn Avenue to a minimum pavement width of 20 feet from West 12th Street to Brandon Drive, and • Compliance with all applicable provisions of the Zoning Code. Judy Jennings made the motion to approve the variances to waive the right-of-way dedication and street improvement requirements for Brandon Drive, and approval of reduction of right- of-way dedication for Autumn Avenue to the amount necessary to widen the street to a pavement width of 20 feet and developer has to provide the required sidewalk and separation strip, and to grant conditional Preliminary Plat approval of University Center Condominiums Subdivision, subject 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, Ryan Williams -aye, Aaron Bernhardt - abstain, and Randy Dalton - aye. Motion carried. APPROVED VARIANCES AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. Ryan Williams made the motion to take the following items for study and to set a date for a Public Hearing for the amendments to the Subdivision Regulations for Monday, March 23, 2009. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 156, 164 & 168 STOUT STREET AND A PORTION OF 349 FOUTCH DRIVE FROM RD (SINGLE FAMILY AND DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JUSTIN CUMBY ON BEHALF OF KATLYN CRAWFORD AND FRED BROWN. (2) CONSIDER FOR STUDY AMENDMENTS TO THE SUBDIVISION REGULATIONS. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY AMENDMENTS TO THE ZONING CODE REGARDING THE STORAGE OF VEHICLES. REQUEST SUBMITTED BY FREDDY DUNCAN. STAFF REPORTS: (1) EXISTING LAND-USE ANALYSIS ELEMENT OF COMPREHENSIVE FUTURE LAND USE PLAN. COOKEVILLE PLANNING COMMISSION 10 FEBRUARY 23, 2009 (2) MINOR PLAT APPROVALS: • B.E.R. DIVISION – 2 LOTS LOCATED ON EAST SPRING STREET – LARRY BURGESS. • RHEA, ANNE DIVISION – 2 LOTS LOCATED ON THE CORNER OF GOULD DRIVE AND IMPERIAL DRIVE – ANNE NORMAN RHEA. • WINDSOR HILLS DIVISION LOT #17 – 2 LOTS LOCATED ON NOTTINGHAM DRIVE – ANDY MILTON. • JEFFERSON AVENUE DIVISION – 2 LOTS LOCATED ON EAST 8TH STREET – J. P. LOWE. ADJOURNMENT: 6:50 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION