Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 22, 2010 The Cookeville Planning Commission met on Monday, February 22, 2010 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Aaron Bernhardt, Randy Dalton, and Matt Swallows. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, Ken Young, and Greg Brown. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 22, 2010. Chris Wakefield made the motion to approve the minutes of February 22, 2010. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 1629 MCCULLEY ROAD AND 1628 SPRINGBORO ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO RS10 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY R. L. OAKLEY JR. AND TIM HUDDLESTON. James Mills stated that Mr. R. L. Oakley, Jr. and Mr. Tim Huddleston have submitted a request to rezone their property located between McCulley and Springboro Roads from RS-20, Single Family Residential to RS-10, Single Family Residential. The property proposed for rezoning was identified as Parcel 49.00 on Tax Map 52 and Parcel 8.00 on Tax Map 52P, Group B. The two (2) parcels have now been combined into one tract. According to the survey prepared for the combination plat, the unified parcels consist of approximately 15.5 acres. There are two (2) residential structures located on the property, one at 1628 Springboro Road and one at 1629 McCulley Road. The property is contiguous with RS-20 zoning on all sides. Development to the east of the subject property is entirely single family residential development. An undeveloped tract of approximately 15 acres is located to the west. A church, bible college and commercial nursery are located to the north off McCulley Road. Land use along Springboro Road to the south is a mixture of single family homes and apartments. The single family structures adjacent to the subject property are predominantly older, well maintained homes that are mostly owner occupied. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 22, 2010 The primary difference between the RS-20 and RS-10 Districts is the required 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-10 District the minimum is 10,000 square feet. There are also differences in setback requirements with the RS-20 requiring front setbacks of 30 feet and rear setbacks of 30 feet and the RS-10 requiring front setbacks of 25 feet and rear setbacks of 20 feet. Both districts require side setbacks of 10 feet. The petitioners have indicated that they would like to subdivide the property. A draft subdivision plat has been prepared indicating that the property could be developed into approximately 50 lots under RS-10 zoning. The provision of public sewer would be required. A through street connecting McCulley and Springboro Roads is depicted. The draft plat indicates that the existing structures on the property would be removed. The majority of the subdivisions developed in the city with public sewer are zoned as RS-10 including Buckingham Place, Old Kentucky Place, Windrowe, Walton Trace, Village Green, Tanglewood and several others. In July of 2009 a request from Mr. Huddleston to rezone Parcel 49.00 on Tax Map 52 located at 1629 McCulley Road from RS-20 to RS-5 was denied by the Planning Commission. One of the primary concerns identified by the Planning Commission for denying the rezoning was that two (2) points of access could not be provided to the property. Parcel 49.00 had frontage only on McCulley Road at a width of approximately 130 feet, which was inadequate for two (2) separate access points. With the addition of Parcel 8.00, which has frontage of approximately 130 feet in width on Springboro Road, separate access points from two (2) different streets can now be provided to the property. Springboro and McCulley Roads are local streets in good to fair condition. Springboro Road has an average pavement width of 18 feet while McCulley Road has 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-10, would require that the developer increase the width of McCulley Road to 18 feet to Rockwell Drive. There is a letter from Greg Brown, Director of Public Works in your notebooks. Access to the property from East Spring Street to Springboro Road is available via Grandview Drive, Watauga Road, and Whitson Chapel Road. Whitson Chapel Road is a minor collector street connecting East Spring Street with Buck Mountain Road. The topography of the subject property appears to be suitable for subdivision development. The terrain can be generally described as level to gently rolling. A recent study completed for the city by TTU indicates that a small portion of the property located on Springboro Road is located within the retention area of a sinkhole. The study shows that the existing residence at 1628 Springboro Road is within the retention area. As noted previously, the petitioners have indicated that this structure would be removed for the development of the property. New structures would be prohibited from locating in the retention area. The Public Works Department indicates that a portion of this area should be used for stormwater detention when the property is subdivided. The impact of the sinkhole retention area and any other physical COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 22, 2010 factors affecting the property, including drainage, would be analyzed and addressed when and if the property is developed. 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-10 zoning. Water is available to the property from existing 6 (six) inch lines located on Springboro and McCulley Roads. The developer would be responsible for all costs associated with water 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 Sewer 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. There is a letter in your notebooks from Ronnie Kelly, Director of Water Quality Control. The developer would be responsible for all costs associated with sewer improvements necessary for the development of the property. It should be noted that the property can only be developed at the density allowed under the requested RS-10 zoning if sewer is made available. 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 a density of up to four (4) dwelling units per acre. The requested RS-10 zoning, which allows four (4) dwelling units per acre, complies with the recommendation of the Land Use Plan. In summation, the Planning Department is of the opinion that, with the provision of sewer, the subject property is appropriate for the density of single family residential development allowed under RS-10 zoning. Staff recommended approval of rezoning to RS-10, Single Family Residential. Tim Huddleston stated that the homes in the development will be in the price range from $140,000 to $170,000 and that the 1999 Comprehensive Plan stated that there was a need for smaller and more affordable homes in Cookeville. Richard Charles, 355 Whitson Chapel Road, Paul Bonner, 3210 Buck Mountain Road, and Dean Moore, 310 Whitson Chapel Road, spoke in opposition to rezoning the property from RS20 to RS5. Some of their concerns were density, traffic on McCulley Road and Whitson Chapel Road, water drainage and protecting sinkhole retention areas. Chuck Johnson, 499 Whitson Chapel Road, was concerned abut the semi-trucks being able to access his business off Whitson Chapel Road. Ryan Williams asked Mr. Johnson how the semi-trucks got to his property now. COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 22, 2010 Chuck Johnson replied that the trucks come thru Rockwell Drive, but since he has opened his business on East Spring Street that he only has 2 trucks a year that comes to the Whitson Chapel location. Kevin Henderson, 542 Burton Lane, was concerned about the additional traffic trying to get out on East Spring Street without any traffic lights. Rebecca Johnson, property owner of a vacant lot on McCulley Road, stated that she had grandparents and great grandparents who didn’t live in the area sign the first petition due to the concerns of additional traffic if they built a house there. Greg Brown, Director of Public Works, stated that improving McCulley Road to Rockwell Road would conform to the City’s standards. Tim Huddleston distributed photographs of the houses and businesses in the area and photographs of the type homes that he was proposing to build. Dr. Roy Loutzenheiser stated it is the task of the Commission to plan and make a recommendation to the City Council. Zoning changes from residential to commercial are different from changes between single family zones. Even though the request allows more density, it is still single family. No matter what size of development is allowed on this property, it will still increase the traffic in some way. He stated that he was concerned the last time that this request came before the Board because it only had one access to the property. Two access points benefit the area by spreading the traffic to more than one road. This should not be an area for truck traffic or a road that will be used as a cut thru street. The rezoning meets the requirements in the Comprehensive Plan that was approved by the Cookeville Planning Commission and the City Council. Dr. Angelo Volpe stated that he was against the rezoning because that it was surrounded by RS20, the streets were not sufficient width, and that the majority of the people are against the rezoning. Chris Wakefield stated that the Commission is only considering the rezoning request and that the discussions about storm water drainage and sinkhole retention areas is not a issue until a Preliminary Plat is submitted. After the Plat is submitted the Planning Commission along with the Department Heads will review the plat for compliance with all the City’s codes. Chris Wakefield made the motion to approve rezoning 1629 McCulley Road and 1628 Springboro Road from RS20 (Single Family Residential) to RS10 (Single Family Residential). Dr. Roy Loutzenheiser seconded the motion. Votes: Jim Stafne - aye, Dr. Angelo Volpe - nay, Dr. Roy Loutzenheiser - aye, Judy Jennings - nay, Chris Wakefield - aye, Ryan Williams - aye, Aaron Bernhardt – aye, Randy Dalton - aye, and Matt Swallows - aye. Motion carried. APPROVED. Jim Stafne reported that Aaron Bernhardt will be abstaining from any discussion or voting on this item due to a conflict of interest. COOKEVILLE PLANNING COMMISSION 5 FEBRUARY 22, 2010 CONSIDER FOR ACTION REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL OF UNIVERSITY CENTER CONDOMINIUMS, 1 LOT LOCATED ON THE CORNER OF WEST 12TH STREET AND AUTUMN AVENUE. REQUEST SUBMITTED BY JERRY GAW. James Mills stated that Mr. Jerry Gaw has submitted a request for a 90 day extension of the Preliminary Plat approval of the University Center Condominiums, a 28 unit development of his property located off Twelve Street, Autumn Avenue and Brandon Drive. The property proposed for development is identified on Tax Map 040J, Group A as Parcel 5.00. The Preliminary Plat was granted approval for a twelve month period by the Planning Commission on February 23, 2009. This approval would subsequently expire on February 23, 2010. No changes to the plat as previously approved have been submitted. The developer indicates that the reason for the extension request is due to inclement weather conditions. Staff recommended approval of the request for a 90 day extension of the Preliminary Plat as requested which would expire on May 24, 2010. Chris Wakefield made the motion to approve the 90 day extension of the Preliminary Plat of University Center Condominiums. Dr. Angelo Volpe seconded the motion. Votes: Jim Stafne - aye, Dr. Angelo Volpe - 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. APPROVED 90 DAY EXTENSION. CONSIDER FOR ACTION 2010 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed the 2010 Annual Report and Program Design. The purpose of this report is to review the activities of 2009 and to outline proposed activities for 2010. Some of the major tasks completed in 2009 included: • Completed updates of Background for Planning, Environmental and Natural Factors and Future Transportation Plan elements of Revised Comprehensive Plan, • Initiated preparation of Random Survey for Comprehensive Plan input, • Prepared Annexation Study for Freehill Road-North Washington Avenue area, • Adopted Architectural Design Review Requirements, • Adopted revised Zoning Code requirements for Fences, Walls and Hedges, • Prepared and adopted revised Zoning Code requirements for vehicle storage lots, • Prepared and adopted revised Zoning Code requirements for townhouses and condominiums, • Prepared and adopted Zoning Code density bonus provisions for removal of nonconforming uses in the RM-8 District, • Prepared revised Zoning Code requirements for Sexually Oriented Businesses, • Prepared and adopted revised Floodplain Regulations, • Assisted TTU in completed of Sinkhole Floodplain Study, • Assisted UCHRA with development of Cookeville Area Transit System (CATS), • Assisted with preparation for 2010 Census, and • Approved 6 and denied 2 rezoning requests. COOKEVILLE PLANNING COMMISSION 6 FEBRUARY 22, 2010 The major work activities proposed for 2010 include: • Complete Random Survey, analyze results and include in Comprehensive Plan update, • Complete preparation and adopt revised Comprehensive Future Land Use Plan, • Complete preparation and adopt revised Major Street Plan, and • Prepare and consider for adoption revised provisions for Sinkhole Retention Areas upon completion of TTU Sinkhole Study. Staff recommended approval of the Annual Report. Jim Stafne wanted to thank the Planning staff for all of their hard work. Dr. Angelo Volpe made the motion to approve the 2010 Annual Report and Program Design. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. Ryan Williams 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 1100 OLD CAVALRY ROAD AND 1502, 1554, AND 1706 NORTH SALEM ROAD FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO HM (HEAVY MANUFACTURING). REQUEST SUBMITTED BY BRUCE MCCORMICK ON BEHALF OF COOKEVILLE LIMESTONE, HAZEL HUDDLESTON HOLLOWAY AND MICHAEL DAVID HOLLOWAY. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • MARGARET MAYBERRY DIVISION – 1 LOT LOCATED ON WHITSON CHAPEL ROAD – MARGARET MAYBERRY. • BUCKINGHAM PARK COMBINATION LOTS 19 & 20 – 1 LOT LOCATED ON BUCKINGHAM PLACE – ALEX WYLOCK. • SPRINGBORO DIVISION COMBINATION PLAT – 1 LOT LOCATED ON SPRINGBORO ROAD – R. L. OAKLEY JR. & TIM HUDDLESTON. (2) UPDATE OF COMPREHENSIVE PLAN – DEVELOPMENT PLAN ELEMENT. ADJOURNMENT: 7:02 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION