Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 27, 2009 The Cookeville Planning Commission met on Monday, April 27, 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: Heather Mullinix, Chris Vick, Grady Phillips, Skip Bartlett, Freddy Duncan, and Ed Butler. CONSIDER FOR APPROVAL THE AGENDA AS AMENDED TO INCLUDE STUDY ITEM #2: CONSIDER FOR STUDY PRELIMINARY PLAT OF QUAIL HOLLOW, 39 LOTS LOCATED ON GAINESBORO GRADE. REQUEST SUBMITTED BY ED BUTLER ON BEHALF OF H & E ENTERPRISES. 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 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 AMENDMENT TO THE ZONING CODE REGARDING THE STORAGE OF VEHICLES. REQUEST SUBMITTED BY FREDDY DUNCAN. (THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING.) 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. Consideration of this time was postponed at last month’s meeting to consider provisions regarding long term storage of vehicles. 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. COOKEVILLE PLANNING COMMISSION 2 APRIL 27, 2009 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: • 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. • Long term storage (more than sixty (60) consecutive days) of vehicles shall be permitted provided that a current license plate and registration is maintained for all vehicles requiring a license plate and registration to operate. (This provision has been inserted to address the long term storage of vehicles). • 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. • 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. Randy Dalton made the motion to approve the amendments to the Zoning Code regarding the storage of vehicles. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF CLARK SPRINGS SUBDIVISION, 3 LOTS LOCATED ON BROWN AVENUE AND CLARK AVENUE. REQUEST SUBMITTED BY BEN JARED. Ken Young stated that Mr. Ben Jared has submitted for approval a Final Plat of the Clark Springs Subdivision, a three lot residential subdivision COOKEVILLE PLANNING COMMISSION 3 APRIL 27, 2009 located off Brown Avenue and Clark Avenue. No preliminary plat was required for this development because it contains less than ten building lots and no new public infrastructure is proposed or needed. In addition, the project surveyor, Chris Vick, has consulted with planning staff on behalf of the developer as required by the Subdivision Regulations. The property proposed for subdivision is identified on Tax Map 053D Group A as Parcel 013.00 and consists of approximately 3.44 acres. The property is zoned as RS15, single family residential. The setbacks shown on the plat meet or exceed the zoning requirements and all lots exceed the minimum lot size and width requirements. Lot 1 and Lot 3 front Brown Avenue, the existing house on Lot 2 fronts Clark Avenue with rear access to Brown Avenue. All lot front boundaries are 25’ from the center line of the roads. New sidewalks are not required as these are both existing public roads. Portions of Lot 1 and Lot 2 are within the 100 year flood plain. The existing structure on Lot 2 is not in the flood plain and Lot 1 has an adequate building area outside the flood plain. All of the lots will be served by the existing six-inch water line and eight-inch sewer line that is in the right-of-way of Brown Avenue. In addition, there are existing hydrants in front of Lots 1 and 3. Staff recommended conditional final plat approval subject to the following: • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. 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 WHITE HEIGHTS, 3 LOTS LOCATED ON SLIGER ROAD. REQUEST SUBMITTED BY ROBERT WHITE. Ken Young stated that Mr. Robert White has submitted for approval a Final Plat of the White Heights Subdivision, a three lot residential subdivision located off Sliger Road. No preliminary plat was required for this development because it contains less than ten building lots and no new public infrastructure is proposed or needed. Skip Bartlett, the development surveyor has consulted with planning staff on behalf of the developer as required by the Subdivision Regulations. The property proposed for subdivision is identified on Tax Map 083J Group E as Parcel 004.00 and consists of approximately 2.55 acres. The property is zoned as RS15, single family residential. The setbacks shown on the plat meet the zoning requirements and all lots exceed the minimum lot size and width requirements. A 75’ wide TVA easement transverses across all three lots, but sufficient building area remains available on the undeveloped lots outside of the easement All lots face Sliger Road and the existing house on Lot 2 is within the required setback. The front property line is 25’ from the center line of the road. New sidewalks are not required as this is an existing public road. No area of the subject property is in a Special Flood Hazard Area. The lots will be served by an existing six-inch waterline located in the right-of-way of Sliger Road and an existing hydrant in the right-of-way across from Lot 2 will provide sufficient coverage for fire protection. An eight-inch sewer line located in the right-of-way of Sliger Road will serve Lot 1. Sewer access to the existing COOKEVILLE PLANNING COMMISSION 4 APRIL 27, 2009 eight-inch sewer line that crosses the lower southwest corner of Lot 3 will be extended to Lot 2 via a platted 20’ utility easement across the rear of Lot 3. The Water Quality Control Department states that the developer is required to extend the sewer line to Lot 2 via a private sewer lateral. The barn located within the front setback of Lot 3 is to be removed according to Bartlett Surveying. Staff recommended conditional final plat approval subject to the following: • Developer must extend the sewer line to Lot 2 via a private sewer lateral as required by the Water Quality Control Department. • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Chris Wakefield made the motion to grant conditional final plat approval, subject to staff’s recommendation. Ryan Williams seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION REVISED PRELIMINARY PLAT AND AMENDED PRD PLAN OF SUGARTREE COURTYARD PHASE II (SUGARLAND), 10 UNIT TOWNHOMES LOCATED OFF SUGARHILL PLACE AND OLD WALTON ROAD. REQUEST SUBMITTED BY AARON BERNHARDT. (MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION.) Tod Williams 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, Ryan Williams - aye, Aaron Bernhardt - abstain, and Randy Dalton - aye. Motion carried. APPROVED MOVING FROM STUDY TO ACTION. Ken Young stated that Mr. Aaron Bernhardt has submitted for approval a revised combined Preliminary Plat and Amended PRD Plan of Sugarland, a 10 unit zero lot line development of Jerry Gaw’s property located off Old Walton Road adjacent to Sugartree Courtyard Phase I. The plat and PRD plan was originally submitted as Sugartree Courtyard Phase II a 10 unit condominium development and was granted conditional preliminary approval by the Planning Commission at the November 24, 2008 meeting. The developer has requested that the revised preliminary plat be moved from study to an action item because the primary purpose of the revised plat is to change the development from condominiums as previously approved by the Planning Commission to zero lot line townhomes. In addition, the developer has submitted a written request for several variances to the street construction standards for the development. These variances include: 1) Allow the new street to remain private driveway conditioned on a perpetual maintenance agreement being included in the Home Owners Association agreement. 2) A reduction in the street base width requirement from 26’ to 22’. 3) A reduction in the asphalt width requirement from 20’ to 18’. 4) A reduction in the shoulder width requirement from 3’ to 2’. 5) A reduction of the required distance of 3% grade at intersection with Old Walton Road from 50’ to 20’. COOKEVILLE PLANNING COMMISSION 5 APRIL 27, 2009 The property proposed for development is identified on Tax Map 053M, Group B as Parcel 016.01 and consists of approximately 1.808 acres. Based upon the previous preliminary approval that was granted in November 2008, construction on the site is currently underway. The overall Sugartree Courtyard development was approved by the Planning Commission in September 1997 for the zoning classification PRD (Planned Residential Development). However, only a Final Plat for Phase I was approved for immediate development at that time, although Phase II was indicated on the plat for future development. In addition, the Phase II development depicted two 10 unit apartment buildings would eventually be built on that section. It should be noted that the current plat proposes the construction of 10 units, which is half of the number of units previously proposed, thus reducing the density on the site. The lower portion of the tract is adjacent to property zoned as CR (Regional Commercial). The entire western boundary of the tract is adjacent to a parcel zoned as RS- 10 single family residential. None of the subject property is depicted on the plat as being in a Special Flood Hazard Area. The property will be connected to the existing six-inch water line located in the right-of-way of Sugarhill Place and a new hydrant has been installed in the vicinity of the intersection of Sugarland Drive and Sugarland Court. The sewer will be connected to an existing eight-inch line that currently crosses the lower portion of the tract within a 30’ utility easement. The plat shows the proposed creation of one new private street, a cul-de-sac approximately 600’ in length with the proposed name of Sugarland Drive. This new street will connect Old Walton Road to the existing public street in Sugartree Courtyard Phase I in order to allow a second point of ingress and egress. All proposed infrastructure improvements, including the new cul-de-sac, water lines, fire hydrant and sewer lines 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. Platted easements have been provided to allow access to the new private water lines, fire hydrant and two-inch water meters. Public Works Director, Greg Brown, has submitted a written recommendation that the variances requested by the developer be granted. Brown also stated that the existing street in Sugartree Courtyard Phase I must be widened to 18’ between the new private street and the existing road. In addition, Public Works stated the developer must submit new detention calculations and drawings. Staff recommended approval of variances as requested and conditional revised preliminary plat and amended PRD plan approval subject to the following: • The existing street must be widened to 18’ between the new and existing road and new detention calculations must be submitted as requested by the Public Works Department. • Completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Aaron Bernhardt stepped down as Planning Commission member to answer any questions. Mr. Bernhardt stated that the preliminary plat was originally approved for 10 condominiums and now he wants to build townhouses. Dr. Angelo Volpe made the motion to approve the following variances: (1) Allow the new street to remain a private driveway conditioned on a perpetual maintenance agreement being included in the Home Owners Association agreement, (2) A reduction in the street base COOKEVILLE PLANNING COMMISSION 6 APRIL 27, 2009 width requirement from 26’ to 22’, (3) A reduction in the asphalt width requirement from 20’ to 18’, (4) A reduction in the shoulder width requirement from 3’ to 2’, and (5) A reduction of the required distance of 3% grade at intersection with Old Walton Road from 50’ to 20’, and to grant conditional approval of revised Preliminary Plat and amended PRD Plan for Sugartree Courtyard Phase II (Sugarland) subject to the existing street being widened to 18’ between the new and existing road and new detention calculations to be submitted as requested by the Public Works Department, and completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Tod Williams 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 REVISED PRELIMINARY PLAT AND AMENDED PRD PLAN APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF LOTS 1, 2, & 3 OF RIDGECREST PARTNERSHIP PHASE II AND LOT 3 OF RIDGECREST PARTNERSHIP PHASE I, 13 LOTS LOCATED OFF WESTGATE CIRCLE AND FERN CIRCLE. REQUEST SUBMITTED BY WASHINGTON AVENUE INVESTMENTS. Ken Young stated that Mr. Carlen Vickers with Washington Avenue Investments has submitted for approval a Final Plat of Lot 1, Lot 2 and Lot 3 Ridgecrest Partnership Phase II Lot 3 Ridgecrest Partnership Phase I, a 13 lot residential re-subdivision located off Fern Circle. Normally a preliminary plat is required for this development because it contains over thirteen lots. The developer has requested that the preliminary plat requirement be waived as no new building lots are being created and all public infrastructures has been previously installed. The sole purpose of the plat is to divide the existing buildings for sale as individual units. The property proposed for subdivision is identified on Tax Map 052B Group B Parcels 001.00, 002.00 and 003.00 and on Tax Map 052B Group A as Parcel 003.02. The total property consists of approximately .91 acres. The property is zoned as PRD, planned residential development. The setbacks shown on the plat meet the zoning requirements and all lots exceed the minimum lot size and width requirements. No area of the subject property is in a Special Flood Hazard Area. All lots currently have access to existing water and sewer lines and the existing fire hydrants provide adequate coverage for fire protection. A plat note confirms that the assigned parking does not meet the per lot regulations as required by the current PRD zoning classification. However, as the parking as shown pre-existed at the time the PRD regulations were amended, the existing arrangement should be considered “grandfathered in” and therefore, is legally nonconforming. Staff recommended approval of the request to waive the preliminary plat due to the fact that no new building sites are being created and all utilities and streets were previously installed and approved. Conditional final plat approval is recommended subject to the following: • Completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. COOKEVILLE PLANNING COMMISSION 7 APRIL 27, 2009 Dr. Roy Loutzenheiser 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. CONSIDER FOR ACTION FINAL PLAT OF LOT 4 OF RIDGECREST TOWNHOUSES AND LOT 4 & 5 OF RIDGECREST TOWNHOUSES PHASE II, 10 LOTS LOCATED ON WEST GATE CIRCLE. REQUEST SUBMITTED BY WASHINGTON AVENUE INVESTMENTS. Ken Young stated that Mr. Carlen Vickers with Washington Avenue Investments has also submitted for approval a Final Plat of Lot 4 of Ridgecrest Townhouses Lot 4 and 5 of Ridgecrest Townhouses Phase II, a 10 lot residential re-subdivision located off Fern Circle and Westgate Circle. A preliminary plat is not required for this development because it contains ten lots or less, no new building lots are being created and all public infrastructures has been previously installed. In addition, the project surveyor, Chris Vick, has consulted with planning staff on behalf of the developer as required by the Subdivision Regulations. The sole purpose of the plat is to divide the existing buildings for sale as individual units. The property proposed for subdivision is identified on Tax Map 052B Group B Parcels 001.00, 002.00 and 003.00 and on Tax Map 052B Group A as Parcel 003.02. The total property consists of approximately .91 acres. The property is zoned as PRD, planned residential development. The setbacks shown on the plat meet the zoning requirements and all lots exceed the minimum lot size and width requirements. No area of the subject property is in a Special Flood Hazard Area. All lots currently have access to existing water and sewer lines and the existing fire hydrants provide adequate coverage for fire protection. A plat note confirms that the assigned parking does not meet the per lot regulations as required by the current PRD zoning classification. However, as the parking as shown pre-existed at the time the PRD regulations were amended, the existing arrangement should be considered “grandfathered in” and therefore, is legally nonconforming. Staff recommended conditional Final Plat approval subject to the following: • Completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments 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 FINAL PLAT OF FERGUSON GROUNDS, 5 LOTS LOCATED ON SOUTH FERGUSON AVENUE AND DOUGLAS AVENUE. REQUEST SUBMITTED BY PUTNAM PROPERTIES. (THE PROPERTY OWNER HAS REQUESTED THAT THIS ITEM BE WITHDRAWN FROM THE AGENDA.) Ken Young stated that Mr. Chad Gilbert representing Putnam Properties has requested that his submittal for approval of a Final Plat of the Ferguson Grounds subdivision, a five lot residential subdivision located off South Ferguson Avenue and Douglas Street be withdrawn at this time. COOKEVILLE PLANNING COMMISSION 8 APRIL 27, 2009 Staff recommended withdrawal of final plat as requested by the developer. Chris Wakefield made the motion to withdraw this item from the agenda. Judy Jennings seconded the motion and the motion carried unanimously. WITHDRAWN. Randy Dalton made the motion to take the following items for study. Judy Jennings seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING PROPERTIES LOCATED BETWEEN WEST 5TH & 7TH STREETS AND NORTH CEDAR AVENUE AND MAHLER AVENUE FROM MS (MEDICAL SERVICES) AND CL (LOCAL COMMERCIAL) TO UNV (UNIVERSITY). REQUEST SUBMITTED BY JUSTIN CUMBY ON BEHALF OF MULTIPLE PROPERTY OWNERS. (2) CONSIDER FOR STUDY PRELIMINARY PLAT OF QUAIL HOLLOW, 39 LOTS LOCATED ON GAINESBORO GRADE. REQUEST SUBMITTED BY ED BUTLER ON BEHALF OF H & E ENTERPRISES. STAFF REPORTS: (1) COMPREHENSIVE FUTURE LAND USE PLAN UPDATE. (3) MINOR PLAT APPROVALS: • OFFICER DIVISION – 2 LOTS LOCATED ON DYER AVENUE – TAYS REALTY. • SWAFFORD DIVISION – 1 LOT LOCATED ON NORTH WASHINGTON AVENUE – STEVE SWAFFORD. • TING SUBDIVISION RESUBDIVISION LOTS 1 & 2 – 1 LOT LOCATED ON WEST 9TH STREET – ZONIS TRACK LLC. • HORNER DIVISION – 2 LOTS LOCATED ON WOMACK AVENUE – WILLIAM HORNER. • FORREST COVE REDIVISION OF LOTS 2 & 3 – 2 LOTS LOCATED ON FOREST COVE LANE – GENE BELLAR. • CREDIT UNION DIVISION – 2 LOTS LOCATED ON NORTH OAK AVENUE - MIDDLE TENNESSEE FEDERAL CREDIT UNION. • TOLBERT BUNKER HILL LOT – 1 LOT LOCATED ON BUNKER HILL ROAD – R. NOEL TOLBERT. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION