Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES SEPTEMBER 28, 2009 The Cookeville Planning Commission met on Monday, September 28, 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: James Mills, Jayne Barns, and Ken Young. STAFF MEMBERS ABSENT: Jim Shipley. OTHERS PRESENT: Liz Engel and Jerry Gaw. Jim Stafne announced that this was Tod Williams last meeting with the Planning Commission and thanked Mr. Williams for his service to the Board. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Roy Loutzenheiser 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 AUGUST 24, 2009. Chris Wakefield made the motion to approve the minutes of August 24, 2009. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO THE 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. James Mills stated that the Planning Department has prepared for consideration amendments to certain sections of the Zoning Code pertaining to the minimum lot and yard requirements for single family attached dwellings or townhouses. Like many municipalities the City of Cookeville has experienced an increase in townhouse and condominium type developments. There are a number of reasons for this increase including homeowner preferences and builder profits. Single family attached dwellings/townhouses are defined by the Zoning Code as a building divided by a common wall extending from the foundation to the roof into three (3) or more attached dwelling units, each having a separate entrance at grade. Condominiums are defined as individual ownership of a unit in a multi-unit structure. Generally in condominium developments the homeowner owns no land area and owns only the portion of the dwelling inside the exterior walls. In townhouse developments the homeowner owns the structure and usually some land area. In both cases there is typically COOKEVILLE PLANNING COMMISSION 2 SEPTEMBER 28, 2009 common ownership of some elements, including such things as utility lines, shared walls and roofs. In many developments it is impossible to visually discern whether the residences are condominiums or townhouses. Townhouses and condominiums are both currently allowed as uses permitted upon review in the RM-8, Multi-Family Residential and RM-14, Multi-Family Residential Zoning Districts. Multi-family dwellings (apartments) are permitted uses in both districts. The RM-8 District has a minimum lot size requirement of 5,000 square feet per dwelling unit and in the RM-14 District the minimum is 3,000 square feet. Condominiums are basically classified as multi-family uses for the application of minimum lot and yard requirements. Lot width requirements apply to the width of the entire development. Townhouses are required to meet minimum lot width requirements for each individual unit. In the RM-8 District the townhouse lot width is 50 feet and in the RM-14 District it is 30 feet. Townhouses are often less than 30 feet wide and the current requirements in the RM-8 and RM-14 Districts greatly restrict flexibility of development. To address this situation the Planning Department recommends the following amendments: In Sections 215.3 and 216.3 “Uses Permitted On Review” in the RM-8 and RM-14 Districts for condominium and single-family attached dwellings insert wording to read as follows: • Single-family attached dwellings (townhouses) and condominiums subject to the following: a. Submittal to and approval of the Planning Commission of a site plan depicting the location of all proposed structures and improvements. b. Standards for access, spacing of structures and site improvements shall be as for the PRD, Planned Residential Development District as specified in Section 218 of this Zoning Code. c. Minimum lot area requirements for single-family attached dwellings of three (3) or more units may be calculated on the overall land area of a particular site provided a restriction is placed on the final subdivision plat prohibiting resubdivision that would reduce the overall site density. d. Minimum lot width requirements for single-family attached dwellings of three (3) or more units may be reduced upon the approval of the Planning Commission e. Minimum front setback requirements for single-family attached dwellings of three (3) or more units may be reduced upon the approval of the Planning Commission for internal streets constructed to serve a particular development. f. The Architectural Design Requirements of Section 208A of this Zoning Code shall apply to single-family attached dwellings (townhouses) and condominiums. Additionally, condominiums are currently allowed as uses permitted upon review in the UNV, University; CBD, Central Business District; CL, Local Commercial; and CG, General Commercial Districts while single-family attached dwellings are not permitted. As noted above, it is often impossible to visually tell the difference between a condominium and a single-family attached development. To address this situation the Planning Department recommends that the provisions of the UNV, CBD, CL and CG COOKEVILLE PLANNING COMMISSION 3 SEPTEMBER 28, 2009 Districts be amended to include single-family attached structures (townhouses) as uses permitted upon review with condominiums subject to the same conditions as specified for such uses in the RM-8 and RM-14 Districts. Staff recommended approval of the amendments. Dr. Angelo Volpe made the motion to approve the amendments. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL FOR MAGNOLIA ON TENTH, 32 UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1011 EAST 10TH STREET. REQUEST SUBMITTED BY JERRY GAW. James Mills stated Mr. Jerry Gaw has submitted a request for a six month extension of the Preliminary Plat approval of the Magnolia on Tenth Condominiums, a proposed 32 unit development of his property located on East 10th Street between Regions Bank and First Tennessee Bank. The property proposed for development is identified on Tax Map 040M, Group B as Parcel 4.00. The Preliminary Plat was granted approval for a twelve month period by the Planning Commission on October 27, 2008. This approval would subsequently expire on October 27, 2009. No changes to the plat as previously approved have been submitted. Staff recommended approval of request for six month extension of Preliminary Plat approval for Magnolia on Tenth. Dr. Angelo Volpe made the motion to approve the request for six month extension of Preliminary Plat approval for Magnolia on Tenth. Randy Dalton 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 SIX MONTH EXTENSION. Dr. Roy Loutzenheiser made the motion to take the following item for study. Judy Jennings seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY REZONING 415 & 421 WEST 12TH STREET (TAX MAP NUMBER 40I-G-6.00 & 6.01) FROM RM8 (MULTI FAMILY RESIDENTIAL) TO RM14 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY AARON BERNHARDT ON BEHALF OF WILLIAM AND PEGGY COLE. CONSIDER FOR STUDY REZONING 435, 445, 455 WEST 12TH STREET, 1215 PINE AVENUE AND 2 VACANT LOTS ON WEST 12TH STREET (TAX MAP NUMBERS 40I-G-1.00, 2.00, 2.01, 2.02, 3.00. & 4.00) FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO RM14 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY TOMMIE & KIMBERLY HANNA, RAYMOND & BONNIE FOX, AND GLYN & JOYCE GENTRY. COOKEVILLE PLANNING COMMISSION 4 SEPTEMBER 28, 2009 STAFF REPORTS: (1) MINOR PLAT APPROVALS: • SELBY DIVISION – 2 LOTS LOCATED ON THE NORTHWEST CORNER OF NORTH WILLOW AVENUE AND WEST 6TH STREET – VIRGINIA SELBY. • MURRAY CUNNINGHAM DIVISION COMBINATION PLAT LOTS 1 & 2 – 1 LOT LOCATED ON FERGUSON AVENUE – TONY SELLS. • CITY OF COOKEVILLE WEST JACKSON/COFFELT DIVISION – 4 LOTS LOCATED ON WEST JACKSON STREET – CITY OF COOKEVILLE. ADJOURNMENT: 5:48 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION