Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JUNE 22, 2009 The Cookeville Planning Commission met on Monday, June 22, 2009 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Aaron Bernhardt, and Randy Dalton. MEMBERS ABSENT: Ryan Williams and Tod Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Bob Faulhaber, Sam Brown, Steve Watts, David Bush, Jason Kesterson, Charles Becker, Junior Johnson, and Jeni Johnson. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MAY 18, 2009. Chris Wakefield made the motion to approve the minutes of May 18, 2009. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that Mr. Bob Faulhaber of AEI, on behalf of property owner Red River Investments (Chris Dawson), and Walgreens, has submitted a request for an amendment to the Zoning Code to allow electronic message centers on freestanding signs in the CN, Neighborhood Commercial District. The CN District is a mixed use zone intended for single and two-family residential dwellings and limited office, business and retail uses. Non-residential structures are required to be compatible with nearby residential structures in terms of scale and appearance. The use of electronic message centers is regulated under Section 207, General Sign Regulations, of the Cookeville Zoning Code. Electronic message centers on freestanding signs are not permitted in the CN District. Freestanding signs in the CN District are limited to 50 square feet in sign face area and to a height of 20 feet. These are the most restrictive requirements for freestanding signs in zoning districts allowing commercial uses. The more restrictive requirements are intended to lessen the impact of non-residential uses on residential uses in the district. COOKEVILLE PLANNING COMMISSION 2 JUNE 22, 2009 It should be noted that while electronic message centers are not permitted on freestanding signs in the CN District, they are permitted as wall signs. Section 207.6E (2) specifies that each commercial establishment is allowed one (1) electronic message center or changeable copy sign as a wall sign provided that such sign does not exceed 25 percent of the area of the face of the wall upon which the sign is erected. In the opinion of the Planning Department an amendment to allow electronic message centers on freestanding signs in the CN District, in addition to the wall signs already allowed, would be detrimental to the intent of the district. Staff recommended denial of the request for amendment as submitted. In reviewing this request the Planning Department is of the opinion that some consideration should be given regarding possible amendments to Section 207 of the Zoning Code to allow electronic message centers on freestanding signs in the CN District as uses permitted on appeal and to prohibit such signs as wall signs. An electronic message center wall sign occupying 25 percent of a wall could potentially have a more significant impact on nearby residential properties than a relatively small message center on a freestanding sign. As a use permitted on appeal, certain restrictions could be placed on message centers on freestanding signs to lessen their potential negative impact. These restrictions could include limiting their location to freestanding signs located on streets of with a classification of at least minor collector status and requiring that the size be included in the maximum permitted sign face area (50 square feet). Dr. Roy Loutzenheiser shared his concern for safety by allowing distractions like changeable message signs near the roadway. Dr. Angelo Volpe also voiced his concern about safety and unnecessary distractions along our commercial neighborhood roadways. For example trying to negotiate a lane change at 10th and Washington would be more dangerous if you add a reader board next to the street. Bob Faulhaber stated that he thought the signs on a freestanding sign would be less dangerous than one on the building. James Mills stated that the zoning code regulates a minimum time of 6 seconds between messages and that the code prohibits scrolling and flashing signs. Dr. Angelo Volpe made the motion to deny the request as submitted, but would like review possible amendments to the zoning code regarding to electronic reader boards in the CN (Neighborhood Commercial) zone at the July meeting. Chris Wakefield seconded the motion and the motion carried unanimously. DENIED REQUEST AS SUBMITTED. STUDY AMENDMENTS TO ELECTRONIC READER BOARDS IN THE CN ZONE AT NEXT MONTH’S MEETING. CONSIDER FOR ACTION AMENDMENTS TO ZONING CODE SECTION 230 TO ADOPT REVISED FLOODPLAIN REGULATIONS AS MANDATED BY COOKEVILLE PLANNING COMMISSION 3 JUNE 22, 2009 FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY). REQUEST SUBMITTED BY STAFF. James Mills stated that the Federal Emergency Management Agency (FEMA) has prepared a revised model ordinance for communities participating in the National Flood Insurance Program (NFIP). In order to maintain eligibility in the NFIP, the City is required to adopt the revised regulations governing development in identified flood hazard areas. Development in flood hazard areas within Cookeville is regulated by Section 230, Floodplain District, of the Cookeville Zoning Code. The Planning Department has prepared a revised Section 230 to comply with the requirements of FEMA. While the majority of the revisions can be classified as very minor there are some significant changes, which include the following: • New definitions for “floor”, “reasonably safe from flooding” and “special flood hazard area”. • The definition of “substantial improvement” has been revised to delete the 5-year cumulative costs period for repairs, alterations, etc. exceeding 50 % of the market value of the structure. The revision is basically how the definition read prior to the 2007 FEMA required change in the ordinance. • The Penalties for Violation section has been revised to specify that violators are susceptible to fines and court costs. • A Severability Clause has been added Staff recommended approval of the amendments. Dr. Roy Loutzenheiser made the motion to approve the amendments to the Floodplain Regulations. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS TO THE FLOODPLAIN REGULATIONS. REVIEW FOR COMPLIANCE WITH COMPREHENSIVE PLAN – EXTENSION OF WEST CEMETERY ROAD. REQUEST SUBMITTED BY STAFF. James Mills stated that plans for the extension of West Cemetery Road from its current intersection with Bunker Hill Road east to South Jefferson Avenue have developed. Tennessee Code Section 13-4-104 (see attached) provides that once a Plan has been adopted for a municipality the location and extent of all proposed street or utility construction projects must be submitted to and approved by the Planning Commission. The West Cemetery Road extension is approximately 2,680 feet in length and is to be constructed in conjunction with the development of the new South Elementary School. The street will be three (3) lanes with a total pavement width of 36 feet, with curb and gutter. A side walk five (5) feet in width is proposed on the south side of the street. On the north side of the proposed street a six (6) feet high berm with landscaping is proposed to buffer the adjacent existing residential area. Turning lanes are to be added to the existing streets at the intersection of Bunker Hill Road and West Cemetery Road and the intersection will become a four-way stop. White Road is to be realigned to connect with the proposed West Cemetery Road extension and will no longer extend to South Jefferson COOKEVILLE PLANNING COMMISSION 4 JUNE 22, 2009 Avenue. The intersection of South Jefferson Avenue and the West Cemetery Road extension is to be signalized and turning lanes are to be added to South Jefferson Avenue. The proposed extension of West Cemetery Road is identified in the 1999-2020, Cookeville Comprehensive Plan. It is specifically depicted as project number eight in the Major Street Plan component of the Plan (see attached). The project was proposed in the plan primarily as a means of improving traffic circulation in the southern portion of the municipality. The extension would provide the only direct connection between South Willow Avenue and South Jefferson Avenue south of Interstate 40. Staff recommended approval of the project and compliance with Comprehensive Plan. Dr. Angelo Volpe made the motion that the extension of West Cemetery Road is in compliance with the Comprehensive Plan. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. PROJECT IN COMPLIANCE WITH COMPREHENSIVE PLAN. Dr. Angelo Volpe made the motion to take the following items for study. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 1200 MIRACLE ROAD (TAX MAP # 66- 73.05 & 73.06 FROM RS15 (SINGLE FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY THE RIVER COMMUNITY CHURCH. (2) CONSIDER FOR STUDY REZONING 1629 MCCULLEY ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RS5 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY TIM HUDDLESTON. (3) CONSIDER FOR STUDY ANNEXATION OF FREEHILL ROAD – NORTH WASHINGTON AVENUE AREA. REQUEST SUBMITTED BY STAFF. STUDY ITEM #4 WAS ADDED TO THE AGENDA AT THE MEETING: (4) CONSIDER FOR STUDY AMENDMENTS TO THE ZONING CODE PERTAINING TO ELECTRIC READER BOARDS IN THE CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY THE COOKEVILLE PLANNING COMMISSION. STAFF REPORTS: (1) COMPREHENSIVE FUTURE LAND USE PLAN UPDATE. COOKEVILLE PLANNING COMMISSION 5 JUNE 22, 2009 (2) MINOR PLAT APPROVALS: • RIDGECREST TOWNHOUSES PHASE I – 2 LOTS LOCATED ON WESTGATE CIRCLE – WASHINGTON AVENUE INVESTMENTS. • MCCORMICK, LISA DIVISION – 2 LOTS LOCATED ON NORTH SALEM ROAD AND EAST SPRING STREET – LISA MCCORMICK. • THOMAS WHITE TRACTS 2 & 3 - 1 LOT LOCATED ON WHITSON AVENUE – HD HOMES LLC. ADJOURNMENT: 6:00 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION After the close of the Planning Commission meeting there was a Public Hearing on the West Cemetery Road extension held by Greg Brown, Director of Public Works.