Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 26, 2009 The Cookeville Planning Commission met on Monday, October 26, 2009 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Aaron Bernhardt, Randy Dalton, and Matt Swallows. 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. WELCOME NEW MEMBER: MATT SWALLOWS. CONSIDER FOR APPROVAL THE AGENDA AS AMENDED. Randy Dalton made the motion to approve the agenda as amended to add the following item: Election of Chairman and Vice Chairman for 2010. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. ELECTION OF CHAIRMAN AND VICE CHAIRMAN. Ryan Williams made the motion to elect Jim Stafne as Chairman and Dr. Roy Loutzenheiser as Vice Chairman. Randy Dalton seconded the motion and the motion carried unanimously. JIM STAFNE ELECTED CHAIRMAN AND DR. ROY LOUTZENHEISER ELECTED VICE CHAIRMAN FOR 2010. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 28, 2009. Dr. Roy Loutzenheiser made the motion to approve the minutes of September 28, 2009. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. Jim Stafne announced that Aaron Bernhardt will be abstaining from any discussion or voting on the following agenda item. CONSIDER FOR ACTION 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 ACTION 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. THE FOLLOWING REQUEST WAS ADDED TO THE AGENDA AFTER LAST MONTH’S MEETING: CONSIDER FOR ACTION REZONING 425 WEST 12TH STREET (TAX MAP NUMBER 40I-G-5.00) FROM RM 8 (MULTI-FAMILY RESIDENTIAL) TO RM14 (MULTI- FAMILY RESIDENTIAL). REQUEST SUBMITTED BY DIANNE BENNETT ON BEHALF OF ROSE PINKSTON. James Mills stated that the owners of nine (9) properties located along West 12th Street and Pine Avenue have submitted requests that their properties be rezoned from RM-8, Multi-Family Residential and RS-10, Single Family Residential to RM-14, Multi-Family Residential. Combined the nine (9) parcels consist of approximately 6.3 acres and 7.8 acres when including right-of-way. The properties requested for rezoning, their owners, current zoning and current land use are as follows: COOKEVILLE PLANNING COMMISSION 2 OCTOBER 26, 2009 Parcel Descriptions Tax Map Address Owner Current Land Use Zoning 40I “G” 6.01 421 West 12th St. William & Peggy Cole RM-8 MHP 40I “G” 6.00 415 West 12th St. William & Peggy Cole RM-8 SF 40I “G” 5.00 425 West 12th St. Rose Pinkston RM-8 SF 40I “G” 4.00 435 West 12th St. Glyn & Joyce Gentry RS-10 SF 40I “G” 3.00 445 West 12th St. Bonnie Fox RS-10 SF 40I “G” 2.02 West 12th St. Glyn & Joyce Gentry RS-10 Vac. 40I “G” 2.01 West 12th St. Raymond & Bonnie Fox RS-10 Vac. 40I “G” 2.00 455 West 12th St. Tommie Kyle Hanna RS-10 SF 40I “G” 1.00 1215 Pine Ave. Glyn & Joyce Gentry RS-10 Vac. The parcels are adjacent with RS-10 zoning to the west, RS-10 and RM-8 zoning to the north, RM-8 zoning to the east, and with UNV, University zoning to the south. The UNV zoning to the south extends westward to Pine Avenue which would mirror the western extent of the area proposed for rezoning. Most of the contiguous properties are rental properties as are many of the single-family structures in the area proposed for rezoning. Adequate utilities are available to the properties. West 12th Street, which is also State Highway 290, is a major thoroughfare with four (4) lanes and is classified as an arterial street. Pine Avenue is a minor local street which has a substandard pavement width. The RS-10 district is intended for single-family residential development with a minimum lot size requirement of 10,000 square feet. The RM-8 district is a mixed density residential zone with a minimum lot size requirement of 5,000 square feet per dwelling unit. The RM-14 district is intended for high-density residential development with a minimum lot size requirement of 3,000 square feet per dwelling unit. Architectural design requirements apply for multi-family developments in the RM-8 and RM-14 districts. As noted in the parcel descriptions a mobile home park is located on Parcel 6.01. There are currently 10 mobile home units on this parcel, with two (2) additional units recently removed due to storm damage. Mr. Aaron Bernhardt is representing the owners of Parcel 6.01 and Parcel 6.00 in the rezoning request. Mr. Bernhardt has indicated that he intends to purchase the properties if the rezoning is approved for the purpose of removing the mobile home park and constructing a townhouse development. No specific development proposals have been put forth for the remaining seven (7) parcels. The Comprehensive Future Land Use Plan depicts the subject properties as being best suited for residential development, with the eastern parcels indicated as mixed density residential and the western parcels indicated as low density residential. Higher density residential developments are generally best located where access is provided from streets of at least major collector status. All of the parcels proposed for rezoning, with the exception of Parcel 1.00, have frontage along West 12th Street. As a major street, a minimum front setback of 50 feet is required along West 12th Street. The Planning Department has received comments from nearby property owners. The primary concerns were encroachment of higher density zoning and increased traffic. As noted previously the western extent of the proposed rezoning would extend along West 12th Street no further than the UNV zone to the south, with both stopping at Pine Avenue. This appears to be an appropriate breaking point from the concentrated single- family residential area to the west. The most recent traffic counts for West 12th Street indicate an average daily traffic of 8,989. While this is a large number of vehicles, a recent traffic analysis indicates the street is operating at a Level of Service C and can accommodate a significant increase in traffic while maintaining this service level. For example North Willow Avenue, which is a four lane state highway between Broad and 12th Streets, also operates at a LOS of C and has an ADT of 17,405. The requested rezoning, if approved, would result in two (2) parcels located on West 12th Street between Pine Street and Carolina Avenue remaining zoned as RM-8. These parcels are as follows: COOKEVILLE PLANNING COMMISSION 3 OCTOBER 26, 2009 Additional Parcel Descriptions Tax Map Address Owner Current Land Use Zoning 40I “G” 7.00 405 West 12th St. Leslie Brinkley Stuart RM-8 SF 40I “G” 8.00 401West 12th St. Patricia & Charles Soard RM-8 MF Inclusion of the two (2) additional properties would provide more consistent zoning along West 12th Street. The eight (8) parcels remaining on West 12th Street east of Pine Avenue to North Willow Avenue are zoned as CL, Local Commercial. The CL District, in addition to commercial uses, also allows multi-family residential uses at the same density as the RM-14 District. Staff recommended approval of rezoning request, excluding Parcel 1.00 located at 1215 Pine Avenue due to inadequate access, and including the addition of Parcel 7.00 located at 405 West 12th Street and Parcel 8.00 located at 401 West 12th Street. Ryan Williams asked about the chronological order of the request. James Mills replied that the Planning Office received the first rezoning request for the 415 & 421 West 12th Street from Aaron Bernhardt and that the remainder of the requests followed. Dr. Roy Loutzenheiser asked if the State would have to approve driveway cuts for the properties on West 12th Street. James Mills replied that they would have to get a State Permit for the driveways cuts. Marcia Borys, 504 West 12th Street, stated that they her family had owned the property since 1959 and that it has been a good neighborhood to live in. She did not want the Board changing the character of the area. She felt that if the area was rezoned for apartments her property values would go down. Ms. Borys walks her dogs up & down 12th Street and she was concerned about the additional traffic on West 12th Street. The road is dangerous for residents pulling out on it now. Ms. Borys added that she did not have a problem with the trailer park because there are only 8 trailers, but was opposed to adding more units. She asked that the Commission deny rezoning the RS10 & RM 8 to RM14. Sally Askew, 1255 East White Oak Drive, stated that she lives in a peaceful neighborhood and she wants to keep the area as it and not rezone anything. She was concerned about dumping unnecessary traffic onto an area that does not have any traffic lights. She added that if the rezoning was approved it would affect the quality of life for all the single family residents. Once the zone changes to apartments it will not go back to single family residential. She reminded the Commission about the property on the corner of West 12th and North Willow and what happened to that property when it was being considered for rezoning several years ago. The plans showed a nice shopping mall and after it was rezoned it changed from nice shops to a service station. Dianne Bennett, petitioner on behalf of her Mom, Rose Pinkston, stated that they were not interested in selling their property and neither were the rest of the petitioners except for Mr. & Mrs. Coe who are planning to sell their property to Aaron Bernhardt. She added that Aaron Bernhardt approached her first about rezoning the property to CL (Local Commercial) and she was concerned about the CL zoning because did not want a business like the Rainbow Spa in her neighborhood. Richard Barns, 926 Mt. Vernon Road, asked how the Commission could rezone an area that goes against the City’s overall plan for the area and rezone Single-Family & Multi-Family to the Highest Density Multi- Family Zone. He added that Mt. Vernon Subdivision is a cut thru now from 9th to 12th and there is concern by residents in the neighborhood about the vehicles speeding in the area. There are several residents that walk on 12th Street and it is dangerous for them to walk on the sidewalks now. How safe will it be for walkers and those residents trying to turn onto West 12th Street from all the side roads in the area when you dump more traffic on West 12th Street. He urged the Commission to leave the zoning alone. COOKEVILLE PLANNING COMMISSION 4 OCTOBER 26, 2009 Monte Lowe, property owner in Sherwood Subdivision, also shared his concerns about the traffic when he is out walking and the additional traffic that will be generated by rezoning West 12th Street. He was opposed to the rezoning requests and felt the Commission should leave it alone. Kent Goss, on behalf of his mother Sue Goss, who lives at 1228 Pine Avenue, stated that his family had lived there since 1969. He said that it takes her a long time to get out onto West 12th in the mornings due to the traffic that gets backed up from Willow Avenue. If the area is rezoned her property will be surrounded by apartments instead of houses. They are opposed to the rezoning requests. Kyle Hanna, property owner on the corner of Pine & 12th and one of the petitioners for the rezoning request stated that they have no plans for their property and it is not for sell. He said that he did not want apartments by his house, but doesn’t see any problems with condominiums. Bob Wheatley has lived in Mount Vernon Subdivision for 37 years and he said that the neighborhood has changed due to the cut thru traffic. He said that everyone will die and when they die, the property will be sold. He was opposed to the rezoning requests. Robert Gribble, 1332 Bridle Path, stated that he was opposed to the rezoning requests. He reiterated that West 12th was dangerous for his neighborhood because West 12th Street goes from a 4 lane road to a 2 lane road right at the entrance of Buckingham Subdivision. Mr. Gribble added that after looking at the City’s zoning map, he did not see any RM 14 zoning anywhere adjacent to or in the area of the request. He was opposed to the rezoning requests. Mr. Mills asked Dr. Roy Loutzenheiser as transportation engineering professor about the traffic capacity of West 12th Street. Dr. Loutzenheiser stated that the street was designed to carry significant more traffic. Someone asked if the trailer park ceased operation could one go back on the same property. Mr. Mills replied that the trailer park according to State Law has 30 months in which they can go back in the existing location. Following further discussion Mr. Mills recommended that the matter be postponed until the November meeting to allow further study. Dr. Roy Loutzenheiser made the motion to postpone the request until the November 23, 2009 Planning Commission Meeting. Judy Jennings seconded the motion. Votes: Jim Stafne - aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams - aye, Aaron Bernhardt - abstain, Randy Dalton - aye, and Matt Swallows - aye. Motion carried. POSTPONED UNTIL NOVEMBER 23, 2009 MEETING. CONSIDER FOR ACTION FINAL PLAT OF WALNUT COMMONS PHASE III, 3 LOTS LOCATED OFF SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY KATHIE CHAPMAN. James Mills stated that Developer Kathie Chapman has submitted for approval a Final Plat of the Walnut Commons Phase III Subdivision, a three lot commercial subdivision located off South Walnut Avenue, adjacent to Phase I and II of the development. A variance request to reduce the new street from three lanes (36’) to two lanes (24’) in conjunction with the preliminary plat were both submitted and approved by the Planning Commission on March 23, 2009. In addition, the Board of Zoning Appeals approved a variance on April 9, 2009 to reduce the required setback off the new cul-de-sac from 50’ to 30’. The property proposed for subdivision is identified on Tax Map 66 as a portion of Parcel 022.00 and consists of approximately 3.36 acres. The property is zoned as CR, regional commercial. All of the lots are addressed and accessed off the new street named “Walnut Commons Lane” which has a 50’ right-of-way and 24’ paved surface. The Public Works Department reports that all street and sidewalk construction has been completed and approved and the developer has paid for all required signage. It should be noted that sidewalk improvements for Lots 1 and 2 along S. Walnut Avenue will be done at the time those lots are developed. COOKEVILLE PLANNING COMMISSION 5 OCTOBER 26, 2009 The new lots are served by a new six-inch water line that connects to the existing ten-inch waterline located in the right-of-way of South Walnut Avenue. A new fire hydrant has been installed in the southern right-of- way of the new street at the initial radius of the cul-de-sac. A new eight-inch sanitary sewer line has been installed and connected to the existing eight-inch sewer line in the right-of-way of South Walnut Avenue. The Water Quality Control Department reports that the required “as-built” plans have been submitted. The Electric Department states that the electrical service has been installed and approved and that the developer has paid for the installation of additional security lights. Finally, the developer is required to submit a Warranty of Improvement for two years in the amount of $10,000.00 to guarantee the newly installed infrastructure. Staff recommended conditional final plat approval as submitted subject to 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. Chris Wakefield seconded the motion and the motion carried unanimously. GRANTED CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION PRELIMINARY PLAT OF THE BROWNSTONES, 8 UNIT ZERO LOT LINE TOWNHOMES, 8 LOTS LOCATED ON STOUT STREET. REQUEST SUBMITTED BY JUSTIN CUMBY. THE DEVELOPER HAS REQUESTED THAT THIS ITEM BE MOVED FROM STUDY TO ACTION. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. Randy Dalton made the motion to move this item from Study to Action. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED MOVING FROM STUDY TO ACTION. James Mills stated that Developer Justin Cumby has submitted for approval a Preliminary Plat of The Brownstones 8 Unit Single Family Attached Townhomes Subdivision located off Stout Street. A preliminary plat was required for this development because although no new infrastructure is proposed, the development contains more than two lots. The property proposed for subdivision is identified on Tax Map 53J, Group D as Parcels 013.01, 14.00, 15.00 and 17.01 and consists of approximately .74 acres. The property is zoned as CL, local commercial and all lots will access Stout Street. The developer is dedicating property along Stout Street to allow 25’ from the property line to the street centerline. A new sidewalk will also be constructed along the entire property frontage with Stout Street. The new lots will be served by the existing two-inch water line located in the right-of-way of Stout Street. The new dwellings will be sprinkled and existing hydrants in the area are within the required distance range to serve the new lots. The new lots will be served by the existing eight-inch sewer line also located in the right-of-way of Stout Street. Electric service and natural gas will be provided to the new townhouses with one four-gang connection for each service at both ends of the new structure. Any additional utility easements will be noted as required by the utility providers on the final plat. Staff recommendation conditional preliminary plat approval is recommended subject to the following: (1) Submittal of sidewalk construction plans to the Department of Public Works, (2) Scheduling and attending a pre-construction meeting with all relevant departments, including Water Quality Control, Electric, Public Works, Gas, Planning and Codes, and (3) 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 preliminary plat approval subject to staff’s recommendation. Judy Jennings seconded the motion and the motion carried unanimously. GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. 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. COOKEVILLE PLANNING COMMISSION 6 OCTOBER 26, 2009 (1) CONSIDER FOR STUDY REZONING A PORTION OF 1227 NORTH WASHINGTON AVENUE FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY JAMES C. SHORT AND RAY FUSSELL. (2) CONSIDER FOR STUDY AMENDMENTS TO OFFICIAL STREET MAP. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • PINE HILL RESUBDIVISION OF LOT 5 – 2 LOTS LOCATED ON BREEN LANE – BARRY CLOUSE. • REDIVISION OF PAUL BROWN DIVISION – 2 LOTS LOCATED ON ELLIS AVENUE – PAUL BOWMAN. • FRISBIE LANE DIVISION – 3 LOTS LOCATED ON FRISBIE LANE – MARIO MORALES. • DON NASH PROPERTY LOT 1 & ROY GAW JR. F.P. – 1 LOT LOCATED ON NORTH WILLOW AND COOKE STREET – ROY GAW JR. (2) STATUS OF COMPREHENSIVE PLAN. (3) STATUS OF TTU SINKHOLE STUDY. ADJOURNMENT: 7:08 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _______________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION