Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES AUGUST 24, 2009 The Cookeville Planning Commission met on Monday, August 24, 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, Aaron Bernhardt, and Randy Dalton. MEMBERS ABSENT: Ryan Williams. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Larry Vickers, Jerry Gaw, Andy Milton, Liz Engel, and Deborah Sam. Aaron Bernhardt announced that he will be abstaining from Action Item #6: Consider for Action Final Plat of St. James West Condominiums, Phase I. Request submitted by Jerry Gaw. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. 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 JULY 27, 2009. Dr. Roy Loutzenheiser made the motion to approve the minutes of July 27, 2009. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO THE ZONING CODE PERTAINING TO COLORS OF LIGHTING AND TIME LIMITS OF ELECTRONIC READER BOARDS IN THE CN (NEIGHBORHOOD COMMERCIAL) ZONE. REQUEST SUBMITTED BY COOKEVILLE PLANNING COMMISSION. James Mills stated that at the July 2009 meeting the following amendments to Section 207, General Sign Regulations, relative to electronic message centers in the CN District, were approved by the Planning Commission: 1. Section 207.6E relative to wall signs in commercial districts was amended 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. Sections 207.6D (13) and (14) relative to freestanding signs in commercial districts were amended to allow as uses permitted on appeal in the CN District electronic message centers and reader boards attached to a 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 COOKEVILLE PLANNING COMMISSION 2 AUGUST 24, 2009 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. 3. Section 207.6D (10) relative to freestanding signs in the CN District was amended to specify that the support structures of such signs shall be constructed of the same or compatible materials as the principal structure. Restrictions on the use of color in electronic message centers were proposed but excluded in the approved amendments. The Planning Commission also discussed but did not include restrictions on the hours of operation of electronic message centers. There was an indication from some of the members that further consideration of both of these items should be given at the August meeting. In the opinion of the Planning Department limitations on colors would not be necessary if limitations were established on the hours of operation. Staff recommended amending the requirements for electronic message centers in the CN District to prohibit their operation between the hours of 11:00 p.m. and 6:00 a.m. Dr. Angelo Volpe made the motion to approve amending the zoning code to prohibit the hours of operation for electronic message centers in the CN District from 11:00 p.m. until 6:00 a.m. Tod Williams seconded the motion and the motion carried unanimously. APPROVED AMENDMENT TO THE ZONING CODE. CONSIDER FOR ACTION AMENDMENT TO SECTION 218, PRD (PLANNED RESIDENTIAL DEVELOPMENT), REDUCING THE MINIMUM SIZE REQUIREMENT IN SECTION 218.5. REQUEST SUBMITTED BY STAFF. James Mills stated that after further review, it would be best to wait until the Comprehensive Plan is updated and then look at formulating a new PUD (Planned Unit Development) overlay zone for all of our districts. Staff recommended tabling consideration of this amendment. Jim Stafne added that a majority of a quorum voting to table any proposal shall constitute removal of the proposal from the agenda indefinitely until the Chairman and two (2) members of the Commission request that it be placed on the agenda. Tod Williams made the motion to table the amendment. Judy Jennings seconded the motion and the motion carried unanimously. TABLED. CONSIDER FOR ACTION FINAL PLAT OF CEDAR POINTE INVESTMENTS LLC, 4 LOTS LOCATED ON SOUTH CEDAR AVENUE. REQUEST SUBMITTED BY LARRY VICKERS ON BEHALF OF CEDAR POINTE COOKEVILLE PLANNING COMMISSION 3 AUGUST 24, 2009 INVESTMENTS. Ken Young stated that Larry Vickers with Cedar Pointe Investments LLC has submitted for approval a Final Plat of Cedar Pointe Investments LLC, a four unit single family attached zero lot line development, located at the southeast corner of Stevens Street and South Cedar Avenue. 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 53J Group G as Parcel 7.00 and consists of approximately .54 acres or approximately 23,500 square feet. The building on the property was constructed in 1990 and has been used as a multi-family dwelling. However, the property is zoned as RD (Single Family & Duplex Residential) and therefore, the current use is legally nonconforming. The petitioners’ proposal to change the use to single family attached will put the property in compliance with the existing zoning classification. On August 13, 2009 the Board of Zoning appeals approved a request to reduce the minimum lot size requirement of 5,000 SF per lot for lots two and three that are 4,501 SF and 4,230 SF respectively. The front setback along Stevens is properly shown as 25’ and 20’ along S. Cedar. The side setback is 10’ and the rear setback is 15’. The units are served by the existing water and sewer lines located in the right-of-way of Stevens and a fire hydrant is located at the southwest corner of South Cedar and Stevens. No portion of the lot is in a Special Flood Hazard Area. All of the property and infrastructure is to remain private. 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 is recommended subject to the following: • Submission of the recorded homeowner’s association agreement, • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments, and • Conditions to be completed in 30 days. Larry Vickers stated that after his current leases expire, he will sell the units. Dr. Angelo Volpe 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. CONSIDER FOR ACTION FINAL PLAT OF ST. JAMES WEST CONDOMINIUMS PHASE I (FORMALLY ST. JAMES WEST CONDOMINIUMS), 10 LOTS LOCATED ON SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY JERRY GAW. Ken Young stated that Jerry Gaw has submitted for approval a Final Plat of St. James West Phase I, a ten lot condominium development, located on South Walnut Avenue across the street from St. James Place. A preliminary plat was approved for this development on August 25, 2008. COOKEVILLE PLANNING COMMISSION 4 AUGUST 24, 2009 The property proposed for subdivision is identified on Tax Map 53O Group B as Parcel 17.00 and consists of approximately 3.258 acres. The property is zoned RM8, Multi- Family Residential, in which the minimum lot size is 5,000 square feet per dwelling unit. The maximum number of dwelling units that may be located on the subject property is 28. The development was originally approved for 30 units based on the estimated acreage prior to a survey of the property. Mr. Gaw has indicated that he intends to construct only 24 units on the property. Lots 1.1 through 1.6 contain newly constructed condominiums. Lots 2, 3 and 4 are to be used for future development. Lot 5 consists of the remaining land which is designated as common area. This includes the portion of the property utilized for private permanent vehicular and public utility easements. A new private loop street, to be named St. James West, has been constructed through the binder surface stage and a side walk has been installed along South Walnut Avenue. A Letter of Credit in the amount of $9,000, as established by the Public Works Department, has been submitted as a Financial Guarantee for the completion of the final street surfacing. Private water and sewer lines and services have been installed from the existing public lines located in the right-of-way of South Walnut Avenue. An existing fire hydrant on the east side of South Walnut Avenue is within the required distance for fire protection. No portion of the property is in a Special Flood Hazard Area. Repair, maintenance and use 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 is recommended subject to the following: • Submittal of revised plat depicting Lots 1.1 through 1.6 to include only the area of the structure, with the front and back yards depicted as common area, • Completion of any other corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments, • Submission of the recorded homeowner’s association agreement, and • Conditions to be completed in 30 days. Dr. Angelo Volpe made the motion to grant conditional final plat approval subject to staff’s recommendation. Dr. Roy Loutzenheiser seconded the motion. Votes: Jim Stafne - aye, Tod Williams - aye, Dr. Angelo Volpe - aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Aaron Bernhardt - abstain, and Randy Dalton -aye. Motion carried. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT RIDGECREST NORTH END DIVISION, 5 LOTS LOCATED ON EAST GATE CIRCLE. REQUEST SUBMITTED BY ANDY MILTON ON BEHALF OF CROWN PROPERTIES. Ken Young stated that Andy Milton, on behalf of Crown Properties, has submitted a Final Plat of Ridgecrest North End Division located off Eastgate Circle. The Preliminary Plat was granted approval by the Planning Commission at the February 23, 2009 meeting. This five lot development is a re-subdivision of two lots in the Ridgecrest Townhomes Subdivision and an adjacent area that had been set aside for future development. Three of the lots will contain new COOKEVILLE PLANNING COMMISSION 5 AUGUST 24, 2009 structures with two structures containing two units each and one structure containing three units each for a total of seven new units. Lots 1 and 5 each contain existing structures. Mr. Milton has stated that although he intends to initially use the property for rental purposes, he may re-subdivide the parcels at a later date. The property being developed is identified on Tax Map 52B, Group A as Parcels 11.0, 12.00 and 41.00 and is zoned PRD (Planned Residential Development). The entire western boundary of the tract is adjacent to the State Route 111 right-of-way, the northern property boundary is also the city’s corporate boundary, and the southern edge of the development is adjacent to properties also in the PRD zone. Although the parcel borders property on the east that is zoned as RS-10 (Single Family Residential), no additional landscape screening is required because the overall development was pre-existing. The plat indicates that none of the property is within a FEMA designated Special Flood Hazard Area. A new cul-de-sac has been constructed to complete the existing street, Eastgate Circle. The existing section of the road has a 44’ right-of-way. The developer was granted a variance by the Planning Commission at the February meeting to reduce the right-of-way of the extended street to 40’ and reduce the diameter of the cul-de-sac to 90’. The Public Works Department has reported that the new street has been completed through the binder stage and was constructed in compliance with the Subdivision Regulations. They also have determined that a financial guarantee of completion of the final street paving in the amount of $4,400.00 will need to be submitted prior to recording the plat. The Public Works Department has also determined that the units will be served by individual waste containers rather than a dumpster as this is currently the case with the pre-existing units in the overall development. The property will be served by a new six-inch water line that has been connected to the existing six-inch water line located in the right-of-way of Eastgate Circle. In addition, a fire hydrant that was sited in front of Lot 5 has been relocated at the end of the cul-de-sac in order to provide sufficient coverage. A new eight-inch sewer line has been connected to the existing sewer line via a 30’ wide easement across the adjacent Lowe property. The specifics of this easement will be added to the plat by the surveyor prior to finalization of the plat. The Department of Water Quality Control has reported that the new water and sewer lines have also been installed in accordance with the regulations. However, the developer is required to submit “as-built” plans for both components prior to finalization of the plat. As shown on the drawing, a new four foot wide sidewalk, approximately 110’ in length with a grass strip, is to be installed by the developer within a maximum of five years. The new sidewalk will be located along the eastern boundary of the new street extension and will end at the transition curve of the cul-de-sac. Public Works has determined that the developer must submit a financial guarantee for completion of the sidewalk in the amount of $1,500.00. Finally, the developer is required to submit a financial guarantee in the amount of $10,000.00 for the Warranty of Improvements for a period of two years. Staff recommended final conditional approval subject to the following: • Submission of appropriate financial guarantees as determined by the Department of Public Works for completion of the final paving and sidewalk construction, in the amounts of $4,400.00 and $1,500.00 respectively (guarantees submitted today), COOKEVILLE PLANNING COMMISSION 6 AUGUST 24, 2009 • Submission of a financial guarantee in the amount of $10,000.00 for the Warranty of Improvements for a period of two years (guarantee submitted today), • Submission of “as-built” plans for the water and sewer infrastructure components to the Department of Water Quality Control and approval from same, • Completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments, and • Conditions to be completed in 30 days. Chris Wakefield made the motion to grant conditional final plat approval, subject to staff’s recommendation. Judy Jennings seconded the motion and the motion carried unanimously. James Mills stated that he would like to add a study item to the agenda pertaining to zoning code amendments relating to townhouses. He added that the density would not change and that the lot width would be based on a site plan. Tod Williams made the motion to take the following item for study. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY AMENDING THE COOKEVILLE ZONING CODE PERTAINING TO MINIMUM LOT AND YARD REQUIREMENTS FOR SINGLE FAMILY ATTACHED DWELLINGS (TOWNHOUSES) IN ZONING DISTRICTS ALLOWING CONDOMINIUMS AS USES PERMITTED ON REVIEW. REQUEST SUBMITTED BY STAFF. Jim Stafne commended the Planning Staff for all of their hard work. STAFF REPORTS: (1) COMPREHENSIVE PLAN MAJOR ASSUMPTIONS, FACTORS, ISSUES, TRENDS AND ENVIRONMENT DEVELOPMENT UPDATE. (2) MINOR PLAT APPROVALS: • STATE OF TENNESSEE OLD ARMORY BUILDING – 2 LOTS LOCATED ON EAST SPRING STREET – STATE OF TENNESSEE. • COMBINATION PLAT OF LOT 12 & P/O LOT 11, BLOCK “G DEBERRY HEIGHTS SUBDIVISION, 1 LOT LOCATED ON ALPINE STREET – BRAD EICHOLTZ. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION