Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MARCH 23, 2009 The Cookeville Planning Commission met on Monday, March 23, 2009 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Tod Williams, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Aaron Bernhardt, and Randy Dalton. MEMBER ABSENT: Jim Stafne and Ryan Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Justin Cumby, Freddy Duncan, Lauren Shibakov, Heather Mullinix, James Ross, and Susan Fox Vandergriff. 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 MARCH 23, 2009. Dr. Roy Loutzenheiser made the motion to approve the minutes of March 23, 2009. 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. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that the Planning Department has prepared for consideration architectural requirements for certain types of structures. Architectural standards are intended to protect and increase the value of buildings and properties, maintain and enhance the image and character of the community, and to ensure consistent and high quality development. As proposed the standards would be inserted into Section 208. The elements of the architectural standards include applicability of requirements, approval process, architectural design standards, prohibiting deviation from approved plans, and the establishment of an Architectural Review Board. The requirements would apply to all new construction, including additions and exterior alterations, requiring a building permit with certain exemptions. The exemptions include single family and duplex residential structures, structures located in the HM and QM Districts, and ordinary or emergency repairs to existing structures. Additionally the requirements would only apply to the sides of structures facing a public street in the LM District. COOKEVILLE PLANNING COMMISSION 2 MARCH 23, 2009 The Directors of the Codes and Planning Departments must approve plans for compliance with the architectural standards prior to a building permit being issued. Compliance is determined by the review of an application which must include architectural drawings of the building elevations. Approval by the Directors is documented by the issuance of a Certificate of Approval. Decisions of the Directors may be appealed to the Architectural Design Review Board. The building materials standards apply for all sides of a structure that are visible from a public street or from contiguous property zoned for single family and/or duplex residential use. Prohibited materials include standard concrete blocks, vinyl and aluminum siding, exposed and painted corrugated metal siding and fiberglass. Mechanical or similar equipment must be screened from view. Deviation from approved plans would be a misdemeanor. Minor modifications can be approved by the Directors provided the modifications comply with the requirements. A 5-member Architectural Design Review Board would review and decide appeals of the decisions of the Directors. The Board would also make any necessary interpretations of the requirements and consider any requests for variance from the requirements. The Board would be composed of 2 members of the Planning Commission, at least 1 architect, with the others being the owners of businesses in Cookeville. The members should be residents of the city. Staff recommended approval of the amendments. Judy Jennings made the motion to approve the amendments to the Zoning Code to establish architectural design requirements. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 156, 164 & 168 STOUT STREET AND A PORTION OF 349 FOUTCH DRIVE FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JUSTIN CUMBY ON BEHALF OF KATLYN CRAWFORD AND FRED BROWN. James Mills stated that Mr. Justin Cumby, on behalf of property owners Katlyn Crawford and Fred Brown, has submitted a request to rezone from RD, Single Family and Duplex Residential to CL, Local Commercial properties located at 156, 164 and 168 Stout Street and a portion of property located at 349 Foutch Drive. The subject properties are identified as Parcels 13.01, 14.00, and 15.00 on Map 53J, Group D and a portion of Parcel 17.00 on said Map and Group. Combined, the properties consist of approximately 0.74 acre. They are contiguous with RD zoning to the west and north and with CL zoning to the east and south. The current zoning of Parcel 17.00 is split with the eastern portion zoned as CL and the western portion zoned as RD. A single family residential structure is located on Parcel 14.00 and the other properties are undeveloped. Existing commercial developments are located to the south, east and partially to the north of the subject properties. A group home facility is located to the west. COOKEVILLE PLANNING COMMISSION 3 MARCH 23, 2009 The petitioner has indicated in the rezoning application that the purpose of the rezoning request is for the development of single-family residential attached homes or condominiums. Mr. Cumby also indicated in an attachment with the application that he plans to place a deed restriction on the properties limiting them to residential use. In the RD zone the minimum lot size requirement is 5,000 square feet while in the CL zone the minimum requirement is 3,000 square feet. Under the current zoning approximately 6 dwelling units could be constructed and under the proposed zoning approximately 10 units could be constructed on the properties if combined. The Comprehensive Future Land Use Plan indicates that the subject properties would primarily be best suited for mixed density residential and regional commercial development. The proposed rezoning would appear to be in agreement with the Land Use Plan. Adequate infrastructure, including water and sewer, are indicated as being available to the property. Staff recommended approval of the rezoning request based on Mr. Cumby’s expressed intention to restrict the properties to residential use and subject to such restriction being placed on the deeds to the properties prior to the rezoning ordinance becoming effective. Some of the Board members felt that this area should stay residential and not be rezoned to commercial because the RD zone is already a buffer between the residential and commercial zones. Justin Cumby stated that he would place a deed restriction on this property for residential use only. Susan Fox Vandergriff, representative for Katlyn Crawford, stated that Justin Cumby’s development will blend in with the existing neighborhood. Randy Dalton made the motion to approve rezoning 156, 164 & 168 Stout Street and a portion of 349 Foutch Drive from RD (Single-Family Residential) to CL (Local Commercial), subject to staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION AMENDMENTS TO THE SUBDIVISION REGULATIONS. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared a number of amendments to the Cookeville Subdivision Regulations. A Public Hearing is required prior to the adoption of amendments. A summary of the proposed amendments has been provided. The primary purposes of the amendments include: • Numerous revisions to reflect the status change of the Planning Commission to Municipal from Regional. • Insertion of provisions requested by the Public Works Department relative to material specifications for pipe and drainage materials. • Minor revisions to Plat Certifications. COOKEVILLE PLANNING COMMISSION 4 MARCH 23, 2009 • Revisions to reflect the latest FEMA Floodplain regulations adopted by the municipality in 2007. • Corrections and revisions to Table 1, Minimum Street Construction Cross-Sections. • Corrections and revisions to several Illustrations. Staff recommended approval of the amendments. Acting Chairman Tod Williams opened the Public Hearing. Lauren Shibakov had questions regard the amended street construction table. No other comments were received. Acting Chairman Tod Williams then closed the Public Hearing. Dr. Angelo Volpe made the motion to approve the amendments to the Subdivision Regulations. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO THE ZONING CODE REGARDING THE STORAGE OF VEHICLES. REQUEST SUBMITTED BY FREDDY DUNCAN. James Mills stated that Mr. Freddy Duncan has submitted a request for an amendment of the Zoning Code to allow the storage of vehicles in the CI, Commercial-Industrial Mixed Use District. Under the current Zoning Code requirements, the storage of more than 10 vehicles is permitted only as an auto wrecker service storage yard. Auto wrecker service storage yards are permitted only in the HM, Heavy Manufacturing District and are permitted as special exceptions in the LM, Light Manufacturing District. In addition to Mr. Duncan’s formal request, the Planning and Codes Departments have received a number of inquiries over the past several months regarding the storage of vehicles. One apparent reason for this interest is an increase in the repossession of vehicles by lending institutions. When the current Zoning Code was adopted in 2001 the location of vehicle storage lots was specifically restricted due to concerns over the perceived proliferation of such uses in the city. Of primarily concern was the number and location of properties being used for the storage of wrecked or damaged vehicles. The 2001 amendment also significantly limited the location of automobile wrecker lots. The establishment of a new use classification with specific requirements is proposed by the Planning Department. This classification would be entitled “vehicle storage lots”. An amendment to Section 206, Additional Standards, is recommended to establish specific standards for this classification. The standards would be as follows: COOKEVILLE PLANNING COMMISSION 5 MARCH 23, 2009 • Shall be surfaced with Portland cement or asphaltic concrete, as specified in the Cookeville Subdivision Regulations, and shall be constructed to provide for adequate drainage. • All vehicle storage lots shall comply with the parking lot design requirements in Section 205.7B of this Zoning Code. • All landscape yard requirements shall be met and if perimeter fencing or walls are installed they shall be located inside any required landscape yard. • When located adjacent to property zoned or used for single-family residential purposes a Type 3 Screen and Buffer Yard shall be provided along any property lines shared with such property. • No wrecked vehicles shall be permitted and all vehicles located on a storage lot shall be operable and street legal. • No vehicle shall be located closer than twenty (20) feet from any street right-of-way. • No servicing of vehicles or sales of vehicles or parts shall be permitted. • No storage of vehicle parts or tires shall be permitted. • No vehicle shall be stored on any storage lot for more than sixty (60) consecutive days • It shall be the responsibility of the owner or operator of any vehicle storage lot to keep accurate and verifiable records as to the date any vehicle being stored in a storage lot is placed on said lot. Failure to keep such records will create the presumption that the vehicle or vehicles stored on the lot have been there in excess of sixty (60) days and are in violation of the Cookeville Municipal Code. • For the purposes of this Section vehicles shall include automobiles, trucks, vans, semis, buses, motorcycles, all terrain vehicles, boats, jet skis, motor homes, and similar vehicles. Section 206.15, Establishments For Sales, Servicing, Repair and Storage of Motor Vehicles, would be amended to delete references to storage establishments. It is also proposed that Section 234, Chart of Permitted Land Uses By Zoning District, would be revised to depict Vehicle Storage Lots as permitted uses in the HM, LM and CI Districts. Staff recommended approval of the amendments. Freddy Duncan asked about allowing long term storage for mobile homes and campers. Dr. Roy Loutzenheiser asked if RVs and campers could be stored in residential areas. James Mills replied that recreational vehicles cannot be stored in the front yard or any side yard on street side corner lots in any residential district. There was some discussion about only allowing vehicles to be stored for sixty (60) consecutive days and if it should be extended to allow long term storage. The Board felt that they needed more time to look at the issue of long term storage. Freddy Duncan stated that he was okay with postponing this issue until next month. COOKEVILLE PLANNING COMMISSION 6 MARCH 23, 2009 Dr. Angelo Volpe made the motion to postpone this item until the April 27, 2009 meeting. Chris Wakefield seconded the motion and the motion carried unanimously. POSTPONED UNTIL APRIL MEETING. CONSIDER FOR ACTION VARIANCE TO REDUCE THE PAVEMENT WIDTH FROM 3 LANES TO 2 LANES, AND PRELIMINARY PLAT APPROVAL OF WALNUT COMMONS PHASE III, 3 LOTS LOCATED OFF SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY KATHIE CHAPMAN. (MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Dr. Angelo Volpe made the motion to approve moving this item from study to action. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED MOVING THIS ITEM FROM STUDY TO ACTION. James Mills stated that Developer Kathie Chapman has submitted for approval a Preliminary Plat of the Walnut Commons Phase III Subdivision, a three lot commercial subdivision located off South Walnut Avenue, adjacent to Phase I and II of the development. A preliminary plat was required for this new phase of the development because it proposes the construction of a new cul-de-sac and installation of water, sewer and electrical lines. In addition, the developer has submitted a written request for two variances for the project. One of the variances will be considered by the Planning Commission and the other will be considered by the Board of Zoning Appeals. The property proposed for subdivision is identified Parcel 22.00 on Tax Map 66 and consists of approximately 3.36 acres. The property is zoned as CR, Regional Commercial. Lot 1 of Phase I and Lot 2 of Phase 2 both have existing access to South Walnut Avenue. Lot 3 of the proposed Phase III will be accessed by a new cul-de-sac that will connect to South Walnut Avenue. The name of this new street is proposed as “Walnut Commons Lane” and the plat depicts a right-of-way of 50 feet. The developer is requesting a variance to reduce the pavement width requirement for streets in commercial subdivisions from 36 feet to 24 feet. The Public Works Department has submitted a written recommendation to allow the street to be constructed as proposed by the developer. The lots will be served by a six-inch water line that will connect to the existing ten-inch waterline located in the right-of-way of South Walnut Avenue. A fire hydrant is proposed for installation in the southern right-of-way of the new street at the initial radius of the cul-de-sac. An eight-inch sanitary sewer line is proposed for installation that will connect to the existing eight-inch sewer line in the right- of-way of South Walnut Avenue. The Water Quality Control Department has confirmed that plans have been submitted to the State of Tennessee for both of the proposed water and sewer components. The Electric Department states that the electrical service shall be installed underground and that the city will supply two security lights for the development. Furthermore, the Electric department advises that any additional services requested by the developer will be installed solely at the developer’s expense. The plat also depicts a 30’ front setback for Lot 1 Phase I and Lot 2 Phase II on the new cul- de-sac. The setbacks as depicted on the plat are contingent upon the outcome of a variance request that is to be considered by the Board of Zoning Appeals in April. COOKEVILLE PLANNING COMMISSION 7 MARCH 23, 2009 Staff recommended approval of the variance request to reduce the street pavement width from 36 feet to 24 feet and conditional preliminary plat approval subject to the following: • Approval of the variance request submitted to the Board of Zoning Appeals to reduce the front setback for Lot 1 and Lot 2 from 50 feet to 30 feet. • Submittal and approval of street, sidewalk and drainage construction plans. • Scheduling and attending a pre-construction meeting with all relevant departments. • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Dr. Roy Loutzenheiser made the motion to grant conditional Preliminary Plat approval. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • HONEYBROOK SUBDIVISION – RESUBDIVISION OF LOTS 90 & 91 – 2 LOTS LOCATED ON DELLWOOD AVENUE – KEITH ALLISON. ADJOURNMENT: 6:14 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _____________________________________ JAYNE BARNS CPS TOD WILLIAMS, ACTING CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION