Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 27, 2009 The Cookeville Planning Commission met on Monday, July 27, 2009 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Tod Williams, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Aaron Bernhardt, and Randy Dalton. MEMBERS ABSENT: Dr. Angelo Volpe. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young. STAFF MEMBERS ABSENT: Jim Shipley. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Tod Williams made the motion to approve the agenda as submitted. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 22 2009. Tod Williams made the motion to approve the minutes of June 22, 2009. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO THE ZONING CODE PERTAINING TO ELECTRONIC READER BOARDS IN THE CN (NEIGHBORHOOD COMMERCIAL) ZONE. REQUEST SUBMITTED BY THE COOKEVILLE PLANNING COMMISSION. James Mills stated that the Planning Department has prepared for consideration amendments to the Zoning Code pertaining to electronic message centers and reader boards 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. Freestanding signs in the CN District are limited to 50 square feet in sign face area and to a height of 20 feet. Electronic message centers and reader boards are currently prohibited on freestanding signs in the CN District. 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. Electronic message centers and reader boards are allowed in the CN, District as wall signs. Section 207.6E (2) of the Zoning Code 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 COOKEVILLE PLANNING COMMISSION 2 JULY 27, 2009 sign is erected. In the opinion of the Planning Department, an electronic message center wall sign occupying 25 percent of a wall could have a more significant impact on nearby residential properties than a relatively small message center on a freestanding sign. To address this situation the following amendments to Section 207, General Sign Regulations, are recommended: 1. Amend Section 207.6E relative to wall signs in commercial districts to prohibit electronic message centers and reader boards as wall signs in the CN District and to reduce the total percentage of a wall that can be used for a sign in the CN District from 50 percent to 25 percent. 2. Amend Sections 207.6D (13) and (14) relative to freestanding signs in commercial districts to allow as uses permitted on appeal in the CN District electronic message centers and reader boards attached to freestanding sign subject to the following conditions: a. The freestanding sign on which the electronic message center or reader board is to be attached is located on a street of at least minor collector status. b. The freestanding sign on which the electronic message center or reader board is to be attached shall not be located closer than 50 feet from any single or two-family residential structure located on contiguous property. The distance shall be measure from the edge of the sign face closest to a wall of the residential structure. c. The total sign face area of the freestanding sign and the attached electronic message center/reader board shall not exceed 50 square feet. d. Each message displayed on an electronic message center shall be static or depicted for a minimum of six (6) seconds. The continuous scrolling of messages is prohibited. e. Internal lighting of the electronic message centers shall be restricted to a black background with white or yellow text. 3. Amend Section 207.6D (10) relative to freestanding signs in the CN District to specify that the support structures of such signs shall be constructed of the same or compatible materials as the principal structure. Staff recommended approval of the amendments. Kevin McBroom of Martin Signs started that the white lettering is the most intense color at 11,000 ceds, the colors red & amber are the same intensity at 5,000 ceds, and that the color yellow is being discontinued. He requested that the Board not mandate the color of the lettering. James Mills stated that the Board could change the wording to amber. Mr. Mills added that the City of Cookeville does not have the equipment to measure the intensity of the colors in the reader board. There was some discussion by the Board to take out 2.e. ((Internal lighting of the electronic message centers shall be restricted to a black background with white or yellow text.) and to bring back at next month’s meeting more information on the colors and on limiting the times that the signs can be on, so that they will not burn all night in the CN zone. COOKEVILLE PLANNING COMMISSION 3 JULY 27, 2009 Dr. Roy Loutzenheiser made the motion to approve the amendments to the zoning code pertaining to electronic reader boards in the CN zone with the deletion of 2.e. (Internal lighting of the electronic message centers shall be restricted to a black background with white or yellow text.) Ryan Williams seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS. CONSIDER FOR ACTION 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. James Mills stated that Mr. David Burnett, on behalf of River Community Church, has submitted a request to rezone properties located on Miracle Road from RS-15, Single Family Residential to CG, General Commercial. The properties proposed for rezoning are identified as Parcels 73.05 and 73.06 on Tax Map 66 and consist of approximately 23.25 acres, combined. The church is currently located on Parcel 73.05 and has long range plans for expanding onto Parcel 73.06. The parcels are contiguous with RS-15 zoning to the north, south and west and with RS-15 and CG zoning to the east. Adequate utilities are available to the properties. Miracle Road, which provides access to the properties, is classified as a local street. The street and utilities were constructed by the church as a part of the River Community Church Subdivision in 2006. Miracle Road is a dead-end street extending approximately 2,020 off Green Gate Lane. Green Gate Lane is also a dead-end street extending from South Willow Avenue approximately 1,800 feet to Miracle Road. A variance was approved by the Planning Commission as a part of the subdivision approval process to allow the street to exceed the maximum permitted length of a dead-end street (1,200 feet). The petitioner indicates in the rezoning application that the properties will continue to be used for church purposes and for its future expansion. In discussions with the Planning Department Mr. Burnett indicated that the current zoning limited the future plans for the church. The primary concerns discussed included limitations on sanctuary size and sign size and height. Churches are permitted uses in the RS-15 District provided certain conditions are met. These conditions include a minimum acreage requirement of two (2) acres for the first 250 sanctuary/auditorium seats and one (1) additional acre per every additional 50 seats. Based on this requirement and the acreage available to the church (23 acres), the church could have a total sanctuary capacity of 1,300 seats under the current zoning. Churches are also permitted in the CG District but are not subject to the acreage requirements. In residential districts, including the RS-15 District, freestanding church signs are limited to a maximum of 50 or 100 square feet in sign face area depending on the amount of street frontage. In commercial districts, including the CG District, permitted uses can have signs up to 250 square feet in sign face area. In addition, in the CG District on properties located within 750 feet of the right-of- way of Interstate 40, signs can be erected to the height of 100 feet. COOKEVILLE PLANNING COMMISSION 4 JULY 27, 2009 There are significant concerns regarding the proposed rezoning to CG due to the lack of adequate access if the subject properties were to be developed for commercial purposes. Under the current RS-15 zoning the density of development and the amount of traffic on the dead-end street can be somewhat controlled. Development of the existing parcels, without resubdivision, is generally limited to a few single family residential structures. Mr. Burnett has informed the Planning Department that the church’s by-laws prohibit the properties from being used for anything other than church or church related uses; however, he also has indicated that there are no deed restrictions on the properties restricting their use should they be sold. The Comprehensive Future Land Use Plan depicts the subject properties as being best suited for residential development. The eastern portion of the property is contiguous with an area depicted as potentially suitable for commercial development. This commercial development would be contingent upon the provision of adequate access. The Planning Commission in its recent update of the Major Street Plan component of the revised Comprehensive Plan has identified the extension of a street from Bunker Hill Road west to Miracle Road. While the update of the Future Land Use Plan has not been finalized it is anticipated by the Planning Department that the subject properties and others along the proposed street would be identified as being best suited for commercial use. This is based on the assumption that at some point in the future adequate access from the proposed connector street will be provided. Under the current zoning there are limitations on the ability of the church to expand. Both parcels proposed for rezoning were created as a part of a subdivision approved by the Planning Commission. The subdivision was developed by the church specifically for the construction of the church. While there are no assurances that the properties will always be utilized for church purposes, based upon the investment of the church it is likely these properties will be used for such purposes for the foreseeable future. Staff recommended approval of the rezoning request. Steve Tiebout, Pastor of The River Community Church, stated that they built their current church building on faith and moved in two years ago and that they were able to build the facility debt free. Due to the rapid growth of the Church, they currently have two services at full capacity. They would like to construct a larger facility in stages for future growth but they are unable to expand under the current zoning. Randy Dalton made the motion to approve the rezoning request from RS-15 (Single Family Residential) to CG (General Commercial). Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED REZONING FROM RS15 TO CG. CONSIDER FOR ACTION REZONING 1629 MCCULLEY ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RS5 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY TIM HUDDLESTON. James Mills stated that Mr. Tim Huddleston has submitted a request to rezone his property located at 1629 McCulley Road from RS-20, Single Family Residential to RS-5, Single Family Residential. COOKEVILLE PLANNING COMMISSION 5 JULY 27, 2009 The property proposed for rezoning is identified as Parcel 49.00 on Tax Map 52 and, according to the records of the Putnam County Property Assessor, consists of approximately 16.6 acres. The parcel is contiguous with RS-20 zoning on all sides. When the subject property was annexed in 2001 it was zoned as R-1, Single Family Residential. The minimum lot size requirement in the R-1 District was 10,000 square feet. In 2002, as a part of the adoption of the new Zoning Code and Map, the zoning of the subject property was changed to RS-20. The minimum lot size requirement of the RS-20 District is 20,000 square feet. The RS-20 District was primarily created to establish a zone for residential properties without access to public sewer. The primary difference between the RS-20 and RS-5 Districts is minimum lot size. Permitted uses in both districts are the same with single family detached structures being the only form of residential dwellings allowed. The minimum lot size requirement in the RS-20 District is 20,000 square feet while in the RS-5 District the minimum is 5,000 square feet. There are also significant differences in setback requirements with the RS-20 requiring front setbacks of 30 feet, rear setbacks of 30 feet and side setbacks of 10 feet and the RS-5 requiring front setbacks of 20 feet, rear setbacks of 15 feet and side setbacks of 7.5 feet. The petitioner indicates in the rezoning application that he intends to subdivide the property. Excluding the land area necessary for street, sidewalk and utility construction, under the current zoning it is estimated that approximately 25 lots could be developed on the property and under the proposed zoning approximately 75 lots could be developed. For example, in Phase 1 of the Reserve at the County Club, which is zoned as RS-5 and consists of slightly less than 25 acres, 109 lots were developed or approximately 4.4 lots per acre. The Comprehensive Future Land Use Plan depicts the subject property as being best suited for low density residential development. Low density residential development is defined as up to 4 dwelling units per acre. As noted previously the RS-20 District was created for residential properties without access to sewer. The majority of the properties annexed since 2000 are zoned as RS-20. In fact 6,800 acres, or one-third of city’s total land area, are zoned as RS-20 and this is primarily due to the lack of sewer. It has always been anticipated that as sewer is extended higher density zoning would be considered for the undeveloped and under developed areas zoned as RS-20. There have so far been few rezoning proposals of RS-20 properties because very little sewer has been extended to these areas. When the appropriate infrastructure becomes available, a failure to consider higher density zoning for the undeveloped portions of these nearly 7,000 acres would have a major impact on the ability of the city to provide for its future land use needs. In addition to agreement with the city’s future land use plans, several other factors should be examined in the consideration of this or any other rezoning request. These include the impact and compatibility of the proposed uses with the existing uses on adjacent properties, the availability of sufficient utilities, the adequacy of the existing street system, and the physical characteristics of the properties. The subject property is primarily contiguous with single family residential development to the east and south. An undeveloped tract approximately 15 acres in size is contiguous to the COOKEVILLE PLANNING COMMISSION 6 JULY 27, 2009 west. There is one (1) existing single-family currently located on McCulley Road between Grandveiw Drive and Rockwell Drive. A church, bible college and commercial nursery are located on the north side of McCulley Road. The surrounding residential neighborhood consists primarily of older, well maintained homes that are mostly owner occupied. As previously noted the permitted uses in the RS-20 and RS-5 districts are the same and therefore in terms of land use the proposed rezoning would be compatible with the adjacent existing residential uses. According to the records of the Putnam County Property Assessor, the lot sizes of the 20 contiguous parcels range from approximately 93,525 square feet to 13,606 square feet. Of these 20 parcels, 12 consist of less than 20,000 square feet. Gauging the impact of a higher density single family development on the property values of adjacent lower density single family development is difficult. Smaller residential lot size does not necessarily result in lower priced homes or even homes of smaller square footage. According to the records of the Putnam County Property Assessor, the average appraised value of the 38 single family structures located between Rockwell Drive and Grandview Drive north of Springboro Road is $91,476 (see enclosed). Property tax appraisals are often less than actual market values and the actual average market value of these homes is probably closer to $125,000 to $150,000. The Cookeville Water Department indicates that public water, for both domestic and fire protection purposes, is available to the subject property and is sufficient to serve the property at the density allowed under RS-5 zoning. Water is available to the property from an existing 6 inch line located on McCulley Road. The developer would be responsible for all costs associated with improvements necessary for the development of the property. Access to public sewer is a primary requirement for residential developments at densities of less than 20,000 square feet per dwelling unit. Gravity sewer service is currently not available to the subject property. The Cookeville Water Department, however, has met with the petitioner regarding the installation of a pumping station and has indicated that it would accept the pumping station and collection system if the system is designed and installed per their specifications. The developer would be responsible for all costs associated with improvements necessary for the development of the property. It should be noted that should the property be rezoned for higher density development it could not be developed at the higher density unless sewer is made available. The subject property is accessed by McCulley Road, a local residential street in good condition with an average pavement width of 16 feet. The minimum acceptable pavement width for streets with two-way traffic is 18 feet to 20 feet depending on the design of the street. Any significant subdivision of the property, whether it is zoned as RS-20 or RS-5, will require that the developer improve the width of McCulley Road. Access to McCulley Road from East Spring Street is provided by Grandview Drive and Whitson Chapel Road. These streets are currently not signalized at their intersections with East Spring Street. Grandview Drive is a local residential street in good condition with an average pavement width of 19 feet. Whitson Chapel Road is a minor collector street connecting East Spring Street with Buck Mountain Road. It is in good condition with an average pavement width of 18 feet. COOKEVILLE PLANNING COMMISSION 7 JULY 27, 2009 Assuming an average daily trip generation of seven (7) vehicle trips per day, a development of 75 dwelling units can be projected to produce 525 vehicle trips per day. An average daily traffic count on McCulley Road has not been determined but is estimated to be less than 100 vehicles per day. Traffic to and from McCulley Road would be dispersed onto Grandview Drive and Whitson Chapel Road. The 2008 average daily traffic on Whitson Chapel Road at its intersection with East Spring Street was 790. According to the Institute of Traffic Engineers, local streets of appropriate widths with maximum speed limits of 35 MPH or less, and lacking any significant design issues, generally can adequately handle average daily traffic counts of up to 2,000 vehicles. While the existing streets may be able to absorb the anticipated traffic increase, an additional 500 plus vehicle trips per day is significant. The topography of the subject property can be generally described as level. An examination of the city’s GIS sinkhole data indicates that small portions of sinkhole retention areas may encroach on the property. Based on the GIS data the retention areas would not appear to have a major impact on the development of the property. The impact of the retention areas and other physical factors affecting the property, including drainage, would be analyzed and addressed when and if the property is developed. The most significant physical characteristic of the property affecting its development is street frontage. Based on the information available to the Planning Department the property only has frontage on McCulley Road at a width of approximately 160 feet. The Cookeville Subdivision Regulations specify that a minimum of two access points be provided for single family developments of more than 20 lots and that the maximum street length of a dead-end street is 1,200 feet. The minimum separation of intersections of local streets on local streets should be the width of one (1) block or a minimum of two (2) lots. Assuming that a minimum right-of-way of 45 feet would be provided in the development of the property, the maximum street intersection separation at McCulley Road that could be provided would be 70 feet, which would not be sufficient. While there are several single family residential developments located within the city with only one access point containing a great deal more than 20 lots, most were developed prior to the adoption of the current Subdivision Regulations in 2000. It should be noted that the Planning Commission has granted variances from the maximum street length and number of lots in subdivisions since 2000; however, the Planning Department is not aware of any variances that have allowed the number of lots that could potentially be developed on the subject property should it be rezoned to RS-5. In summation, the Planning Department is of the opinion that the subject property is not appropriate for RS-5 zoning. This opinion is based primarily on the property’s existing street frontage, which prohibits the provision of adequate access for the density of development allowed under RS-5. It is also based on the impact of the potential traffic increase on the existing residential streets that would result from a development at the density allowed under RS-5 zoning. The Planning Department, however, is of the opinion that, with the provision of sewer, the subject property is appropriate for the higher density single family residential zoning of RS-10. The RS-10 zone is also for single family residential development and has a minimum lot size requirement of 10,000 square feet. The setback requirements in the district are 25 feet for front yards, 20 feet for rear yards, and 10 feet for side yards. The lot size requirement of the RS-10 district is the generally the minimum necessary to justify the cost of COOKEVILLE PLANNING COMMISSION 8 JULY 27, 2009 the extension of public sewer and provide lots affordable to the majority of potential home buyers. Most of the subdivisions in the city with public sewer are zoned as RS-10 including Old Kentucky Place, Windrowe, Village Green, Tanglewood and many others. Additionally, RS-10 zoning for the subject property would be in conformity with the Future Land Use Plan. Staff recommended denial of the request for rezoning to RS-5, but approval of rezoning the property to RS-10, Single Family Residential. Dr. Roy Loutzenheiser stated that the street system in the area was substandard and he was concerned about the overload on the current streets. Tim Huddleston stated that as the developer he would improve McCulley according to the city standards. Mr. Huddleston added that he met with the Director of Water Quality Control concerning the issue of gravity sewer and found out that it was not accessible to this property, but he was told that he could install at his own expense a pumping station to this area. Tim Huddleston also stated that he asked the Director of Planning which came first the rezoning or the subdivision plat and he was advised that the rezoning request would come first Mr. Huddleston stated that the market demand for starter homes in Cookeville is in the $150,000 price range. The homes & lots will sell for between $150,000 to $170,000. The study of the sinkhole will be addressed during the subdivision plat process. He added that the Planning Commission has a provision that allows them to grant a waiver to allow one access instead of two (2) accesses based on characteristics of the site and adjacent streets. Dean Moore, 310 Whitson Chapel Road; Paul Bonner, 3210 Buck Mountain Road; Richard Charles, 355 Whitson Chapel Road; Evelyn Handy, 1647 McCulley Road; Tim Smith, 501 Scenic Lane; and David Patterson, 500 Grandview Drive, spoke in opposition to rezoning the property from RS20 to RS5. Some of their concerns were too much density, affect on property values, additional traffic, McCulley Road too narrow, sinkhole study, and sewer availability. Tim Huddleston suggested that if the City is not going to rezone any more property less than RS20, then they might want to look at rezoning everything as PRD (Planned Residential Development). James Mills reiterated that the RS20 zoning was placed in areas all over Cookeville that did not have access to sewer. It was the intent of the City to consider changing the zoning from RS20 when sewer became available. If a developer has to put in sewer at his own expense and develop the property under RS20 zoning, then the lots would be so expensive that the average homeowner would not be able to afford the lots. Sinkhole studies, sewer availability, improvements to existing roads are all reviewed when the property is developed. Dr. Roy Loutzenheiser stated that he wanted to the City to grow in an orderly manner and he didn’t want to rezone property with inadequate infrastructure. Dr. Roy Loutzenheiser made the motion to deny rezoning 1629 McCulley Road from RS20 to RS5. Judy Jennings seconded the motion and the motion carried unanimously. DENIED. COOKEVILLE PLANNING COMMISSION 9 JULY 27, 2009 Jim Stafne stated that the petitioner has the right to appeal the decision of the Planning Commission to the City Council. HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION ANNEXATION OF FREEHILL ROAD – NORTH WASHINGTON AVENUE AREA AND PLAN OF SERVICES FOR SAME. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed a feasibility study on the annexation of approximately 90 acres of property located north of the current corporate limits between Freehill Road and North Washington Avenue. The study was initiated following the receipt of individual requests for annexation from property owners in the area. The area proposed for annexation is located entirely within the City of Cookeville Urban Growth Boundary. Property owners in the proposed annexation area have been notified by mail and provided an information package on the proposed annexation. A Plan of Services for the proposed annexation area has also been prepared. It should be reviewed on a point by point basis. A written report from the Planning Commission to the City Council regarding the Plan of Services is required. The study area consists of 49 parcels in their entirety and a portion of one (1) other. Located on 38 of these 50 parcels are 65 residential housing units, of which 56 are occupied. The estimated population of the area is 123 persons. There are approximately 0.53 miles of streets in the area, with approximately 0.37 miles of these streets being in less than good condition. At the present time, the proposed annexation area can be generally characterized as mixed density residential. It has been identified in the Cookeville Future Land Use Plan as an area primarily best suited for low density and mixed density residential development. The area has a limited amount of undeveloped land. Topographically the area can be described as level to gently rolling. Water service to the entire proposed annexation area is currently provided by the City of Cookeville. Approximately $76,000 in improvements will be necessary to bring the area up to the same standards as in the corporate limits. While city sewer lines are already located in a portion of the annexation property owners in the area are not able to connect to the system because they are located outside the city. An estimated $380,000 in improvements will be necessary to provide public sewer service to the entire area. Natural gas is available to a portion of the area. The 18 current gas customers would have their rates reduced to the inside city rate within approximately 60 days following annexation. Improvements costing approximately $11,400 will be necessary to serve the entire area. It is anticipated that electric service will continue to be provided by the Upper Cumberland Electric Membership Cooperative unless the co-op agrees to cede the area to the City of Cookeville. Approximately 16 street lights will be installed. The area is located within the 5 mile fire service boundary of the city’s existing fire station located on North Washington Avenue. Residents of the area proposed for annexation would receive numerous benefits as a result of annexation. These include improved police and fire protection, reduction of ISO fire COOKEVILLE PLANNING COMMISSION 10 JULY 27, 2009 insurance rating from Class 9 to Class 2 which can result in a savings on homeowners insurance of up to 20 percent, reduction of water rates by over 30 percent, zoning protection, street lighting, and weekly garbage pick up. Natural gas customers would received the inside city rate, which is 25 percent less than the outside city rate. Property owners would be required to pay city property tax. The current city property tax rate is $0.87 per $100 of assessed value. Based on current tax appraisals the average annual city property tax for a homeowner in the area would $149.10. Should this area be annexed in 2009, property owners would not be required to pay city property tax until 2010. The estimated cost for the provision of all services to the proposed annexation area is $484,000 of which the provision of sewer service is $380,000. The provision of sewer to the annexation area is depicted on the Master Sewer Plan of the Department of Water Quality Controls. The estimated annual revenue to the city from property and state shared taxes is $21,700. Staff recommended approval of Plan of Services and approval of annexation with recommendation to City Council for RS-20, Single Family Residential Zoning and CL, Local Commercial Zoning. A petition of 17 names was presented to the Planning Commission at the meeting in opposition to the annexation. Several of the residents spoke in opposition: Donna Haynes, 495 Dogwood Circle; David Morris, 2199 Freehill Road; Debbie Hannah & Eldon Hannah 2448 Hilham Road. Some of their concerns were pigs, farming, new fence codes, building codes, and trailers. Mr. Mills responded to their concerns. Chris Wakefield made the motion to approve the Annexation area. Ryan Williams seconded the motion. Votes: Jim Stafne-nay, Tod Williams-aye, Dr. Roy Loutzenheiser-nay, Judy Jennings-nay, Chris Wakefield-aye, Ryan Williams-aye, Aaron Bernhardt-aye, and Randy Dalton-aye. Motion carried. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF THE CUMBERLANDS OF COOKEVILLE, A CONDOMINIUM DEVELOPMENT LOCATED ON THE CORNER OF EAST SPRING STREET AND SOUTH MAPLE AVENUE. REQUEST SUBMITTED BY SLADE STROUD. James Mills stated that Mr. Slade Stroud has submitted for approval a Final Plat of The Cumberlands of Cookeville, a Condominium Development, located at the southeast corner of North Maple Avenue and East Spring Street. No preliminary plat was required for this development because it is classified as a minor plat and no new public infrastructure is proposed or needed. The property proposed for subdivision is identified on Tax Map 53F Group K as Parcel 5.00 and consists of approximately .697 acres. The property is zoned as CL (Local Commercial) and the proposed use is equally split between residential and commercial. The four lower COOKEVILLE PLANNING COMMISSION 11 JULY 27, 2009 units front East Spring Street and are for commercial use only. The upper four units are addressed off North Maple Avenue and are for residential use only. The property is more than 25’ from the center line of the roads, and sidewalks abut both of the existing public streets. The front setbacks along East Spring Street and North Maple Avenue are properly shown as 50’ and 30’ respectively, and the sides and rear of the property are 10’. The rear of the property contains a public alley easement. The new condos will be served by the existing water line located in the right-of-way of North Maple Avenue and all units have individual meters. Three fire hydrants are within 290 feet of the property. Sewer service will be provided from the sewer main located within the right-of- way of East Spring Street. The Public Works Department has determined that all units will be served by individual waste containers rather than dumpsters. The plat further depicts that the required parking spaces have been provided. In addition, the parking area contains a detention pond that has been designed and constructed with the approval of the Public Works Department. No portion of the lot is in a Special Flood Hazard Area as noted on the plat. All of the property and infrastructure is to remain private and repair and maintenance of the common elements are to be covered under a homeowner’s association agreement that is to be provided prior to plat recordation. Staff recommended conditional final plat approval subject to the following: (1) Submission of the recorded homeowner’s association agreement, and (2) Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Ryan Williams made the motion to grant conditional final plat approval subject to staff’s recommendation. Randy Dalton seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. Chris Wakefield made the motion to take the following item for study. Randy Dalton seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY AMENDMENT TO SECTION 218, PRD (PLANNED RESIDENTIAL DEVELOPMENT), REDUCING THE MINIMUM SIZE REQUIREMENT IN SECTION 218.5. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • THE BROWNSTONES SUBDIVISION, 2 LOTS LOCATED ON STOUT AND BUNKERHILL ROAD – JUSTIN CUMBY. • FOREST HILLS ESTATES REDIVISION OF LOTS 162 & 163, 2 LOTS LOCATED ON THE CORNER OF LONE OAK AND CONTRABAND LANE – JAMES M. ALLEN. COOKEVILLE PLANNING COMMISSION 12 JULY 27, 2009 ADJOURNMENT: 7:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION