Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MAY 18, 2009 The Cookeville Planning Commission met on Monday, May 18, 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: Gloria Vick, Justin Cumby, Matt Leonard, Vichit Keeradarome, Ringsima Keeradarome, Chad Gilbert, William Krusa, Ed Butler, Thomas Hadlock, and Patrick Handlson. Aaron Bernhardt announced that he will be abstaining from Action Item #6: Consider for action Final Plat and amended PRD Plan of Sugarland (Sugartree Courtyard Phase II), 10 unit zero lot line townhouses located off Sugarhill Place. Request submitted by Aaron Bernhardt. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Tod Williams made the motion to approve the agenda as submitted. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 27, 2009. Dr. Angelo Volpe made the motion to approve the minutes of April 27, 2009. Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that Mr. Justin Cumby, on behalf of property owner Tech Fiji, Inc., has submitted a request to rezone from MS, Medical Services, to UNV, University, property at 527 North Peachtree Avenue, which is the location of the Phi Gamma Delta fraternity. The rezoning request also included petitions from additional property owners indicating that they also favored the rezoning of their properties to UNV. These are as follows: • 506 and 514 North Walnut Avenue owned by Justin Walling • 520 and 528 North Walnut Avenue owned by Patricia Friedmann • 642 North Peachtree Avenue and 90 West 7th Street owned by Rita Craighead • 606 North Walnut Avenue owned by Gloria Vick • 605 North Peachtree Avenue owned by Gervase and Deborah O’Neill The petition indicated that the reason for the request was that under the current MS zoning the uses of the properties were nonconforming and were prohibited from acquiring additional properties to expand. It was specifically noted that a number of Greek organizations were affected by the zoning. Based on the location and number of property owners requesting rezoning and the stated purpose of the request, the Planning Department identified a comprehensive and contiguous area to consider for rezoning. The identified area contains 23 properties located between West 7th and West 5th Streets and between Mahler Avenue and North Cedar Avenue. The study area also includes properties zoned as CL, Local Commercial. The majority of the properties in this area are used for university related purposes. A total of seven (7) Greek organizations are located in the study area. The owners of the properties in the identified study area were notified by the Planning Department and asked to indicate COOKEVILLE PLANNING COMMISSION 2 MAY 18, 2009 whether they favored or opposed the inclusion of their properties in the rezoning. Those contacted, property addresses, current land use, and responses are as follows: Property Owner Property Address Land Use Response Tech Fiji, Inc 527 N. Peachtree Fraternity Requested Theta Upsilon House Corp. 511 N Peachtree Fraternity NR Patricia Friedmann 528 N. Walnut Vacant Requested Patricia Friedmann 520 N. Walnut Single-family Requested Justin Walling 506 N. Walnut Fraternity Requested Justin Walling 514 N. Walnut Single-family Requested Gloria Vick 606 N. Walnut Multi-family Requested Joyce Robertson 618 N. Walnut Single-family NR STO, Inc. 626 N. Walnut Fraternity NR Julia Lennox 634 N. Walnut Single-family Opposed Robert Greenwood 644 N. Walnut Bookstore NR Viboon Keeradarome 18 W. 7th Restaurant Favors Viboon Keeradarome 635 N. Peachtree Vacant Favors Rita Craighead 642 N. Peachtree Fraternity Requested Rita Craighead 90 W. 7th Fraternity Requested Peachtree Apts (Algia Sidrys) 617 N. Peachtree Multi-family NR Gervase & Deborah O’Neill 605 N. Peachtree Multi-family Requested James Gilbert (Eta Delta House Corp.) E. 5th Fraternity Favors Jon Josephson 530 Mahler Vacant Com Opposed Kappa Mu Housing Corp 525 Mahler Fraternity NR Eta Delta House Corp. 507 N. Walnut Fraternity Favors First Presbyterian Church 629 N. Cedar Student Assoc NR James L. Dodd 632 N. Peachtree Single-family Favors The study area was placed within the MS and CL zoning districts when the current Zoning Code was adopted in 2002. Prior to 2002 the entire study area was zoned as UNV. The 2002 Zoning Code restricted fraternities to the UNV district. All existing fraternities not located within the UNV district became legal nonconforming uses. Some of the existing fraternities in the study area are located in deteriorating structures and have previously contacted the Planning Department about their desire to reconstruct and expand their facilities. Legal nonconforming uses can remain in perpetuity and can expand on their existing properties provided all required setbacks can be met; however, the acquisition of property for expansion or re-construction is prohibited. The MS district was created as a part of the 2001 Zoning Code partially to preserve an area for the medical center to expand and for related medical services to locate. The boundaries of the new district were based upon a study of future medical related land use needs. An area north of 12th Street was proposed in 2002 for rezoning to UNV with the partial long range goal of providing an area for the relocation of fraternities and the possible development of a “fraternity row”. This proposal was unsuccessful, and as a result, sites within the city for the relocation of existing fraternities or construction of new fraternities are very limited. As noted in the land use inventory, none of the existing land uses in the study area are currently used for medical related purposes. Discussions with the officials from the Cookeville Regional Medical Center indicate that the properties in the study area are not necessary for its long range development COOKEVILLE PLANNING COMMISSION 3 MAY 18, 2009 plans. The study area is depicted in the Comprehensive Future Land Use Plan as being best suited for Public, Semi-Public, and Institutional land uses. Rezoning the study area to UNV would comply with the Future Land Use Plan. Staff recommended approval of rezoning of study area to UNV (University). Justin Cumby stated that under the current zoning the fraternities cannot buy additional land to expand and they are requesting that the zoning go back to UNV (University). Vichit Keeradarone requested that the Board look at extending the rezoning boundary on North Cedar Avenue and North Peachtree to West 6th Street. His family owns two of the three properties. James Mills replied that those properties had not been reviewed to see how they would affect the long range plans of the hospital. Once reviewed those properties could be added at a later date. Dr. Angelo Volpe made the motion to approve rezoning the property identified in the study area from MS (Medical Services) and CL (Local Commercial) to UNV (University). Tod Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF QUAIL HOLLOW, 39 LOTS LOCATED ON GAINESBORO GRADE. REQUEST SUBMITTED BY ED BUTLER ON BEHALF OF H & E ENTERPRISES. Ken Young stated that Mr. Ed Butler on behalf of H & E Enterprises has submitted for approval a Preliminary Plat of Quail Hollow, a 39 lot single family residential development of their property off of 12th Street, also known as Gainesboro Grade and Highway 290. A preliminary plat is required because the project proposes new street construction and utility extension. The property proposed for development is identified on Tax Map 39 as Parcel 58.00 and consists of approximately 6.70 acres. This parcel was recently rezoned as RS-5, Single Family Residential. The eastern boundary of the tract is bordered by property zoned as RM-8, Multi-family Residential. The western boundary is adjacent to property zoned as CL, Local Commercial on the northern section and the remainder is adjacent to property zoned as RS-10, single family residential. A new looped road with the proposed name of Quail Hollow Drive will serve all the new building lots. The developer has submitted a written request for a variance to reduce the required right-of-way from 45 feet to 40 feet. A new sidewalk will be installed along the front of all the interior lots. A new six-inch waterline will be installed connecting to the existing waterline located in the right-of-way of 12th Street. A sewer easement containing an eight-inch sewer main bisects the parcel from east to west crossing lots 2, 24 and 25. The developer will have to acquire an easement from the existing Soard property in order to access the sewer. An existing barn located on Lot 21 is to be torn down according to the developer. A USGS blue line stream transverses the property from east to west across Lots 1, 22 and 23. The developer reports that he is working with the Department of Public Works and the Tennessee Department of Environment and Conservation to obtain approval to encapsulate this stream in order to eliminate the need for a “no build” riparian zone. Finally, Mr. Butler stated that he would be applying for a 13 ½’ rear setback variance on some or all of the lots in the Subdivision. Staff recommended approval of variance to reduce the right-of-way from 45 feet to 40 feet based on the fact that the new street will only serve the platted lots and cannot be used for future access to other existing streets. Approval of preliminary plat subject to the following: • Completion of pre-construction meeting with all appropriate departments prior to initiating any improvements. COOKEVILLE PLANNING COMMISSION 4 MAY 18, 2009 • Developer understands and agrees that the entire width of all right-of-ways must be cleared and graded prior to any installation of utilities. • Submittal and approval of street profile and construction plans, and submittal of storm water, drainage and sidewalk construction plans. • Submittal of approved ARAP permit from TDEC to Public Works to encapsulate the blue line stream. • Provision of a 15 feet wide utility easement along all road frontage on both sides of the new street. • Provision of a 15 feet utility easement along West 12th Street. • Submittal and approval of water and sewer construction plans. • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. • Conformance to any decision rendered by the Board of Zoning Appeals. Dr. Roy Loutzenheiser made the motion to approve the variance to reduce the right-of-way from 45 feet to 40 feet and to grant conditional Preliminary Plat approval of Quail Hollow Subdivision, subject to staff’s recommendation. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED VARIANCE AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT FERGUSON GROUNDS, 5 LOTS LOCATED ON SOUTH FERGUSON AVENUE AND DOUGLAS AVENUE AND REQUEST FOR SPECIAL REVIEW UNDER SECTION 231.3 OF THE ZONING CODE FOR ALTERATION OF A SINKHOLE RETENTION AREA. REQUEST SUBMITTED BY CHAD GILBERT ON BEHALF OF PUTNAM PROPERTIES. Ken Young stated that Mr. Chad Gilbert on behalf of Putnam Properties has submitted for approval a Final Plat of Ferguson Grounds, a five lot single family residential development of his property located on South Ferguson Avenue and Douglas Street. As the proposed development will not need any new street or infrastructure improvements, the submission of a preliminary plat is not required. The property proposed for development is identified on Tax Map 58K, Group E as Parcel 15.00 and consists of approximately .619 acres, or slightly less than 27,000 square feet. The subject property is zoned RS-5, Single Family Residential and abuts property zoned CL, Local Commercial along its northern boundary. The property will be served by existing two-inch waterlines in the right-of-ways of Ferguson Avenue and Douglas Street. A 20 feet wide sewer easement that bisects the property contains a sewer main that will serve the lots. An existing fire hydrant is within the required proximity for fire protection coverage. Proposed Lot 3 contains an existing house with a carport and proposed Lot 4 contains a carport as well. The existing house is nonconforming with required setbacks. This structure would be “grandfathered” for the required front setback off Douglas Street but not for the rear setback off the proposed eastern property line. Article 1, Section F, of the Subdivision Regulations specifies that no final plat shall be approved unless it conforms to the Zoning Code. The developer has implied that the existing structure will be removed but this is not indicated on the plat. Building construction on Lot 4 cannot be permitted until the structure on Lot 3 is removed. Any replacement construction on Lot 3 must comply with the required setbacks. Proposed Lots 2 and 3 do not meet the minimum lot size requirement of 5,000 square feet and proposed Lots 4 and 5 do not meet the minimum lot width requirement of 50 feet. The developer had submitted requests for variances to be considered by the Board of Zoning Appeals at their May 14, 2009 meeting, but then he requested that the item be withdrawn until further notice. The first variance was to allow Lots 2 and 3 to be reduced in square footage from the 5,000 square feet requirement to COOKEVILLE PLANNING COMMISSION 5 MAY 18, 2009 4,702 square feet per lot. The second variance was to allow Lots 4 and 5 to be reduced in lot width from the 50 feet requirement to 44.06 feet at the right-of-way and at the setback line. We do not have a request to take it to the Board in June as of today. A significant portion of the property proposed for subdivision appears to be located within a Sinkhole Retention Area (SRA). A northern portion of the proposed Lot 1 is actually located within a sinkhole depression. Information available to the city indicates that the retention area of the subject sinkhole is located at an elevation of 1046 feet. The SRA elevation of 1046 feet depicted on the submitted plat is an estimated location. Exact topographic data has not been provided. Due to the location of the sinkhole area, a determination must be made by the Planning Commission as to whether the subject property is suitable for subdivision. In Article IV, Section A of the Cookeville Subdivision Regulations, “Land Physically Unsuitable for Subdivision”, is defined as “Land where flooding, sink holes, bad drainage, steep slopes, rock formations, and other such natural features which may endanger health, life or property, aggravate erosion, increase public funds for supply and maintenance of services”, and as, “Land which other public agencies have investigated and found in the best interest of the public not suitable for the type of platting and development proposed shall not be approved for subdivision unless adequate methods are formulated by the developer for meeting the problems created by subdivision of such land. Such land within any plat shall be set aside for such uses as shall not produce unsatisfactory living conditions.” The Cookeville Public Works and Engineering Department has also expressed significant concern over the approval of development in close proximity to the subject sinkhole without the submittal of detailed engineering documentation. Greg Brown would like to see drawings prepared by a licensed engineer showing how the sinkhole would be stabilized next to the subdivision and how the sinkhole retention area would be modified, and borings by a geotechnical company on the lot next to the sinkhole where the house is to be built to determine if the area is stable enough to support a structure. James Mills stated that the Cookeville Comprehensive Future Land Use Plan establishes a number of development and growth management policies pertinent to the proposed subdivision development. The policies include: • Ensure that areas less suitable for development, due to natural factors, are developed only when appropriate remedial measures are taken. • Decisions on development proposals shall be based on an analysis of soils, slope, depth to bedrock, and location relative to sinkholes and floodable areas. • Where the condition of the land is in doubt, and it appears that an unsuitable condition might exist, the potential developer shall be responsible for undertaking the necessary studies to prove the feasibility of the land to support the proposed development. • Major natural drainage ways, including sinkhole retention areas, which are a part of the natural system of dispersing normal flood run-off in any drainage basin, shall not be altered unless in accordance with the provisions of the City of Cookeville and appropriate state and federal regulations. Section 231 of the Zoning Code regulates areas in SRA districts. A structure may be located in a SRA only upon approval of the Planning Commission, subject to the submission of evidence that the structure can be protected. The Planning Commission, if satisfied by the evidence, can establish protective measures if necessary. In the opinion of the Planning Department, the evidence submitted is not satisfactory. At a minimum, topographic data at two (2) foot contour levels must be provided COOKEVILLE PLANNING COMMISSION 6 MAY 18, 2009 with the exact location of the 1046 feet SRA elevation identified. Additionally, due to the current size of the sinkhole depression and the potential for enlargement, a requirement for the completion of geotechnical and engineering studies should be considered to determine if and where structures could safely be located in relation to the sinkhole. Staff recommended denial of approval of final plat based on the following: • The location of a significant Sinkhole Retention Area severely reduces the available area for a safe and adequate building site. • Satisfactory evidence has not been submitted by the developer relating to the stability of the site or the impact of proposed construction on the Sinkhole Retention Area as required by Section 231 of the Zoning Code. • Plat as submitted is not in conformance with the development and growth management policies established in the Comprehensive Plan. Aaron Bernhardt questioned whether Mr. Gilbert would be able to develop the subdivision with only 4 lots instead of 5 without the topographical information. James Mills replied that the topographical information is needed to determine the location of the sinkhole retention area regardless of the number of lots that is developed in this area. Ryan Williams requested that the Planning Department clarify whether the Public Works Department needed both topographical data and core drillings in order to make a decision concerning the sinkhole retention area. James Mills stressed the importance of the topographical data to identify the retention area and the necessity of engineering data if development is planned within the area. He noted that the Public Works Department had been provided information that the opening of the sinkhole was enlarging. Mr. Gilbert can resubmit his plat next month if he has a licensed engineer submit the information requested by the Planning Department and Public Works Department. Chad Gilbert stated that he will tear down the old house even though it was not indicated on the plat and build 5 new houses. Mr. Gilbert felt that the topographical information didn’t apply to his development and that he should not be required to submit additional information. Mr. Mills replied that the City has required other developments in sinkhole retention areas to submit additional topographical information by a licensed engineer and perform core drillings by a geotechnical company if warranted. The City is required to insure the safety and well being of the citizens of Cookeville. Mr. Mills added that the recommendation of the Planning Department is to deny the plat as submitted. Tod Williams made the motion to deny the plat as submitted. Chris Wakefield seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION FINAL PLAT AND AMENDED PRD PLAN OF SUGARLAND (SUGARTREE COURYARD PHASE II), 10 UNIT ZERO LOT LINE TOWNHOUSES LOCATED OFF SUGARHILL PLACE AND OLD WALTON ROAD. REQUEST SUBMITTED BY AARON BERNHARDT. Ken Young stated that Mr. Aaron Bernhardt has submitted for approval a combined Final Plat and Amended PRD Plan of Sugarland, a 10 unit zero lot line development of his 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 COOKEVILLE PLANNING COMMISSION 7 MAY 18, 2009 condominium development and was granted conditional preliminary approval by the Planning Commission at the November 24, 2008 meeting. A revised plat and amended PRD was approved by the Planning Commission at the April 27, 2009 meeting changing the development from condominiums to zero lot line townhomes. In addition, the developer was granted several variances to the street construction standards for the development at the meeting. These variances included: • Allow the new street to remain private driveway conditioned on a perpetual maintenance agreement being included in the Home Owners Association agreement. • A reduction in the road base width requirement from 26’ to 22’. • A reduction in the asphalt width requirement from 20’ to 18’. • A reduction in the shoulder width requirement from 3’ to 2’. • A reduction of the required distance of 3% grade at intersection with Old Walton Road from 50’ to 20’. The property proposed for development is identified on Tax Map 053M, Group B as Parcel 16.01 and consists of approximately 1.808 acres. The original Sugartree Courtyard development was approved by the Planning Commission in September 1997 as a 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. However, there is evidence that a portion of the property had been inundated in the past and a minimum building elevation of 1012.94 feet has been established and is depicted on the plat. 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 feet utility easement. The plat shows the proposed creation of one new private street, a cul-de-sac approximately 600 feet 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. The Public Works Department reports that the street has been completed through the gravel base stage. All proposed infrastructure improvements, including the new street, water lines, fire hydrant and sewer lines will be privately owned and maintained as stated in submitted the Homeowner Association Agreement (HOA). Platted easements have been provided to allow access to the new private water lines, fire hydrant and two-inch water meters. Staff recommended conditional final plat and amended PRD plan 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. • Submittal of a Letter of Credit in amount established by the Public Works to financially guarantee the completion of required street and drainage improvements. • Submittal of Warranty of Improvements in the amount of $10,000. Dr. Angelo Volpe made the motion to grant conditional final plat and amended PRD plan of Sugarland, subject to staff’s recommendations. Randy Dalton seconded the motion. Votes: Jim COOKEVILLE PLANNING COMMISSION 8 MAY 18, 2009 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. CONDITIONAL FINAL PLAN AND AMENDED PRD PLAN OF SUGARLAND. Dr. Roy Loutzenheiser 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 AMENDMENT TO THE ZONING CODE TO ALLOW ELECTRONIC READER BOARDS ON MONUMENT SIGNS IN THE CN (NEIGHBORHOOD COMMERCIAL) ZONE. REQUEST SUBMITTED BY AEI ON BEHALF OF RED RIVER INVESTMENTS. (2) CONSIDER FOR STUDY AMENDMENTS TO ZONING CODE SECTION 230 TO ADOPT REVISED FLOODPLAIN REGULATIONS AS MANDATED BY FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY). REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) COMPREHENSIVE FUTURE LAND USE PLAN UPDATE. (2) MINOR PLAT APPROVALS: • ROBIN MEADOWS 3RD & 4TH STREET DIVISION – AMENDED PLAT OF LOT #2 – 1 LOT LOCATED ON EAST 3RD STREET – J. CUMBY CONSTRUCTION, LLC. ADJOURNMENT: 6:37 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION