Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 23, 2009 The Cookeville Planning Commission met on Monday, November 23, 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: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Chris Wakefield made the motion to approve the agenda as submitted. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MINUTES OF OCTOBER 26, 2009. Judy Jennings made the motion to approve the minutes of October 26, 2009. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. Jim Stafne reported that Aaron Bernhardt will be abstaining from any discussion or voting on this item due to a conflict of interest. CONSIDER FOR ACTION REZONING 415, 421, & 425 WEST 12TH STREET (TAX MAP NUMBERS 40I-G-5.00, 6.00 & 6.01) FROM RM8 (MULTI FAMILY RESIDENTIAL) TO RM14 (MULTI-FAMILY RESIDENTIAL), AND 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). REQUESTS SUBMITTED BY AARON BERNHARDT ON BEHALF OF WILLIAM & PEGGY COE, DIANNE BENNETT ON BEHALF OF ROSE PINKSTON, TOMMIE & KIMBERLY HANNA, RAYMOND & BONNIE FOX, AND GLYN & JOYCE GENTRY. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that the request from the owners of properties located along West 12th Street and Pine Avenue to have their properties rezoned from RM-8, Multi-Family Residential and RS- 10, Single Family Residential to RM-14, Multi-Family Residential was postponed at the October 2009 meeting to allow additional study for potential alternatives to RM-14 zoning. 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. COOKEVILLE PLANNING COMMISSION 2 NOVEMBER 23, 2009 The properties requested for rezoning consist of approximately 6.3 acres in total and 7.8 acres when including right-of-way. The parcels, property addresses, owners, current zoning and current land use are as follows: Parcel Descriptions Tax Map Address Owner Current Land Zoning Use 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. *Since the October meeting Parcels 1.00 and 2.02 have been combined into one (1) parcel. 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. 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 as it extends to the north. The Planning Department, along with members of the Planning Commission, recently met with officials from the University regarding plans for the utilization of the land south of the properties requested for rezoning. Immediate plans include the construction of a strength and conditioning facility on the western portion of the property near Pine Avenue. Long range plans include the construction of an indoor tennis facility adjacent to Pine Avenue and the construction of outdoor tennis courts and a soccer field along West 12th Street across from the properties requested for rezoning. As was noted at the October meeting, there were two (2) primary purposes for the rezoning requests. The first being the provision of a high enough density to encourage the redevelopment of the nonconforming mobile home park located on Parcel 6.01. The second reason was to provide consistency of zoning for all parcels located in the northern block of West 12th Street located between Pine and Carolina Avenues. At present the zoning is split in mid block with five (5) parcels zoned as RM-8 and five (5) zoned as RS-10. Concerns mentioned by those in opposition to the proposed RM-14 rezoning included increased traffic and the affect on property values and quality of life from the encroachment of higher density residential development. COOKEVILLE PLANNING COMMISSION 3 NOVEMBER 23, 2009 The mobile home park is a legal nonconforming use, which is a use existing prior to the adoption or amendment of zoning regulations subsequently prohibiting the use. As a nonconforming use it can remain in perpetuity and can expand on the existing site. To encourage the conversion of nonconforming uses to permitted uses, the city has provisions for density bonuses in all RS, single family residential districts and in the RD single family and duplex district. For example, in the RS-5 district the minimum lot size requirement can be reduced from 5,000 to 4,250 square feet per dwelling as an incentive to remove a nonconforming use. Approval of the reduction is subject to a request being submitted to and approved by the Planning Commission, the removal of the nonconforming use within a specified period, compliance with all setbacks, and to the submittal of a subdivision plat if applicable. No such provisions currently exist for the RM-8 district. To provide an incentive for removal of the mobile home park in lieu of rezoning to RM-14, the adoption of density bonus provisions for the RM-8 district could be considered. A density bonus of 20 percent would reduce the minimum lot size requirement from 5,000 to 4,000 square feet in the RM-8 district. For the mobile home park properties on West 12th Street, which consist of approximately two (2) acres, this would allow an increase in dwelling units from approximately 16 to 20. The adoption of density bonus provisions for the RM-8 district would require an amendment to the Zoning Code. To provide some assurance as to how the property will be developed, the submittal and approval of a site plan could be included as an additional condition for the approval of a density bonus request. The density bonus would only apply for nonconforming uses and there are no other such uses in the area being considered for rezoning. Such an amendment would also be an incentive for the removal of nonconforming uses in other areas of the city zoned as RM-8. If the density bonus option is adopted then rezoning the 5 parcels currently zoned as RM-8 to RM-14 would not appear to be necessary to achieve the potential removal of the mobile home park. However, the issue of the request for rezoning the five (5) parcels zoned as RS-10 would still need to be addressed. The owners of these parcels have indicated that they believe these properties are better suited for higher density zoning due to several factors including their frontage on a major arterial street, the rental nature of contiguous land uses to the north and east, and the current and planned expansions of the University to the south. A possible solution would be to consider extending the RM-8 zone instead of rezoning to RM-14. This would provide consistent zoning for all parcels in the block between Pine and Carolina Avenues on the north side of West 12th Street. The density allowed in the RM-8 district is the same as permitted in the UNV district located on the south side of West 12th Street (5,000 square feet per dwelling unit) and both zoning districts would end at Pine Avenue. Additionally the density would be appropriate for the classification of the street upon which these five (5) parcels have frontage. Since the parcel located on Pine Avenue has been combined with a parcel with frontage on West 12th Street it could be included. The five (5) parcels zoned as RS-10 consist of approximately 4 acres. Based entirely on land area and assuming combination of all five (5) parcels, rezoning from RS-10 to RM-14 would result in an approximate potential increase in density from 16 dwelling units to 56 units. COOKEVILLE PLANNING COMMISSION 4 NOVEMBER 23, 2009 Under the proposed RM-8 zoning a maximum of 32 dwelling units could be located on the four (4) acres. As noted at last month’s meeting the Comprehensive Plan, which serves as a general guide for future land use decisions, depicts the eastern portion of the area as being best suited for mixed density residential and the western portion as being best suited for lower density residential. Mixed density residential is defined as residential development at a density of up to eight units per acre. The RM-8 zone would fall under this definition. Staff recommended denial of request for rezoning to RM-14, approval of Zoning Code amendment to establish density bonus provisions for the conversion of nonconforming uses in the RM-8 district with a density bonus of 20 percent subject to the same conditions established for the RS districts with the additional condition of the submittal of a site plan and approval of rezoning from RS-10 to RM-8 Parcels 1.00, 2.00, 2.01, 3.00 and 4.00 on Tax Map 40I, Group G. A petition with 103 names was submitted in opposition to the rezoning requests. Tommy Hanna, petitioner for rezoning and spokesperson for the Gentry & Fox Families, stated that they felt that there would be a need for student & faculty housing in the future, if Tech’s student enrollment increased. Grady Phillips, representing Aaron Bernhardt, distributed photographs to the Commission showing what could be done with the property if the property was rezoned. Mr. Phillips added that the density bonus would make the project more cost effective to the developer. Ken Goss shared his concern about the density bonus amendments that are being presented to the Board. It has not been distributed to the surrounding property owners for review. He felt the amendment should be tabled to give everyone an opportunity to review the proposal. John Poteet also shared his concerns about the amendment to the Zoning Code, since it had not been made available for the public to review. Sally Askew, 1255 East White Oak Drive, stated that she would like the RM 8 & RS10 to stay the same. The 20 year plan shows this area as low density residential. Ms. Askew asked that the Commission preserve the quality of life for the residents that are currently living in the area. What is the use of having a plan if you don’t follow it? She added that since the petitioners of the RS10 property have stated that they were not going to sell, respect the wishes of the residents and leave the neighborhood alone. Reba Lassiter, 1196 North Pine Avenue, requested that the City require a site plan before a rezoning request is approved to give the property owners more assurance about what is being constructed. If the property sells or their plans change, then a new plan should have to be resubmitted to the Planning Commission. James Mills replied that the site plan now is only reviewed by Department Heads. COOKEVILLE PLANNING COMMISSION 5 NOVEMBER 23, 2009 Marcia Borys, 504 West 12th Street, stated that Mr. Bernhardt doesn’t have to rezone in order to build townhouses or condominiums and she requested that the Board leave the zoning of RM8 & RS10 alone. She added that we can have progress without rezoning properties and taking away single family neighborhoods. Mr. Gentry noted that there was an error on the power point map relating to Parcels 1.00 and 2.00 that was recently combined into one (1) parcel. Mr. Mills responded that the map would be corrected. Chris Wakefield made the motion to deny the request for rezoning to RM-14, approve the Zoning Code amendment to establish density bonus provisions for the conversion of nonconforming uses in the RM-8 district with a density bonus of 20 percent subject to the same conditions established for the RS districts with the additional condition of the submittal of a site plan and approve rezoning from RS-10 to RM-8 Parcels 1.00, 2.00, 2.01, 3.00 and 4.00 on Tax Map 40I, Group G. Ryan Williams seconded the motion. Votes: Jim Stafne-aye, Dr. Roy Loutzenheiser-nay, Judy Jennings-nay, Chris Wakefield-aye, Ryan Williams-aye, Aaron Bernhardt-abstain, Randy Dalton-aye, and Matt Swallows-aye. Motion carried. DENIED REZONING RM8 TO RM14. APPROVED DENSITY BONUS AMENDMENT AND APPROVED REZONING RS10 TO RM8. CONSIDER FOR ACTION 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. James Mills stated that Mr. James Short and Mr. Ray Fussell have submitted a request that a portion of their property located at 1227 North Washington Avenue be rezoned from RS-10, Single Family Residential to CN, Neighborhood Commercial. The subject property is identified as Parcel 8.01 on Tax Map 40K, Group E and consists of approximately 47,507 square feet. At present the zoning of the property is split with majority of the parcel, approximately 37,495 square feet, zoned as CN and approximately 10,012 square feet zoned as RS-10. In 2005 a portion of contiguous property identified as Parcel 3.00 on Tax Map 40K, Group J was severed and added to the subject property. The severed portion previously a portion of Parcel 3.00 is zoned as RS-10. The proposed rezoning would extend the CN zone no further east than the current boundary of the CN zone on the remaining portion of the property. The portion of the property zoned as CN was zoned as CL, Local Commercial prior to a comprehensive rezoning of the area in early 2008. The CN zone is a mixed use district allowing single and two-family residential dwellings and limited retail and business establishments. Non-residential structures are required to compatible with nearby residential structures in terms of scale and appearance. Staff recommended approval of rezoning. COOKEVILLE PLANNING COMMISSION 6 NOVEMBER 23, 2009 Reba Roberson, 1117 North Maple Avenue, shared her concerns about how the property would be developed. Sharon Baker, 8 Stone Circle, stated where she lives is a small community of older residents where everyone knows their neighbors and she was concerned about larger businesses taking away their skyline. James Short, petitioner for the rezoning request, stated that he had no intentions to do anything with the property at this time. Mr. Short added that he just wanted to square up his property and make the zoning consistent. Jim Stafne replied by stating that the City has buffer zones in place to protect the single family houses from the commercial zones. Ryan Williams made the motion to approve rezoning a portion of 1227 North Washington Avenue from RS10 (Single Family Residential) to CN (Neighborhood Commercial). Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO OFFICIAL STREET MAP. REQUEST SUBMITTED BY STAFF. James Mills stated that amendments to the Official Street Map are necessary due to the addition of several streets or portions of streets in 2008 and 2009. These streets are the result of annexation and new subdivision development. The purpose of the Official Street Map is to depict the streets for which the City of Cookeville is responsible for maintenance and to reflect the official names of these streets. The recommended amendments are included in your information packet. A total of 14 streets or portions of streets are proposed for acceptance. This includes 11 streets or portions of streets in new subdivisions and three (3) streets or portions of streets from annexation. Staff recommended approval of amendments to Official Street Map. Judy Jennings made the motion to approve the amendments to the Official Street Map. Aaron Bernhardt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENTS TO THE COOKEVILLE ZONING CODE CONCERNING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES WITHIN COOKEVILLE. REQUEST SUBMITTED BY STAFF. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. Judy Jennings made the motion to approve moving 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 the location of sexually oriented businesses in the City of Cookeville is currently regulated through the Municipal Code. Legal counsel has advised that the location of such establishments should be addressed in the Municipal Zoning Code. COOKEVILLE PLANNING COMMISSION 7 NOVEMBER 23, 2009 An Ordinance amending sections of the Zoning Code to insert provisions relative to the regulation of sexually oriented businesses has been prepared by legal counsel. Specifically Section 202, Definitions, would be amended to insert several terms and definitions; Section 206, Additional Standards, would be amended to insert standards for sexually oriented businesses; Section 222, General Commercial District, would be amended to identify sexually oriented businesses as permitted uses when meeting the requirements of Section 206; and Section 234, Chart of Permitted Land Uses by Zoning District, would be amended by adding Sexually Oriented Business as a use permitted in the CG Zoning District. The location of sexually oriented businesses would be limited to properties zoned as CG, General Commercial, subject to separation standards from sensitive land uses. These sensitive land uses, as specified in the Tennessee Code, are child care facilities, schools, public parks, residences, places of worship, and other sexually oriented businesses. The minimum separation requirement would be 1,000 feet. Staff recommended approval of amendments. Chris Wakefield made the motion to approve the amendments to the Zoning Code. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL CANCELLING THE DECEMBER 21, 2009 PLANNING COMMISSION MEETING. Ryan Williams made the motion to approve cancelling the December 21, 2009 Planning Commission meeting. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. 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 REZONING PROPERTY LOCATED ON THE CORNER OF BILL SMITH ROAD AND FOREMAN DRIVE FROM RS10 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY LLOYD AND GAIL HARRIS. THIS REQUEST WAS DENIED ON AUGUST 28, 2008 AND WILL BE RECONSIDERED AT THE JANUARY 25, 2010 MEETING. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • GLYN GENTRY DIVISION – 1 LOT LOCATED BETWEEN WEST 12TH STREET AND BRICE DRIVE – GLYN GENTRY. • JAMES CATES PROPERTY REVISION – 1 LOT LOCATED ON THE CORNER OF SAM’S STREET AND BUNKER HILL ROAD – SATELLITE MED. ADJOURNMENT: 6:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING COOKEVILLE PLANNING COMMISSION 8 NOVEMBER 23, 2009 ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION