Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MARCH 22, 2010 The Cookeville Planning Commission met on Monday, March 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, and Jayne Barns. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Roy Loutzenheiser made the motion to approve the agenda as submitted. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 22, 2010. Dr. Angelo Volpe made the motion to approve the minutes of February 22, 2010. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that Mr. Bruce McCormick of Cookeville Limestone has submitted a request to rezone from RS-20, Single Family Residential to HM, Heavy Manufacturing four (4) properties located on Old Cavalry and North Salem Roads. The properties are identified as Parcels 7.01, 39.00, 40.00 and 40.01 on Tax Map 67. Parcel 7.01, which is located at 1100 Old Cavalry Road, is owned by Cookeville Limestone and is used as quarry. Parcel 39.00, which is located at 1706 North Salem Road, is owned by Hazel Holloway. Parcel 40.00, which is located at 1554 North Salem Road, is owned by Hazel Huddleston Holloway. Parcel 40.01, which is located at 1502 North Salem Road, is owned by Martha Holloway. Cookeville Limestone has an option to purchase Parcels 39.00, 40.00, and 40.01 and the owners of these parcels have given Mr. McCormick permission to represent them in the rezoning request. The properties on North Salem Road are used for residential and/or agricultural purposes. The four (4) parcels combined consist of approximately 114 acres. They are contiguous with RS-20 zoning to the north, south and east and with RS-20, and RD, Single Family and Duplex Residential zoning to the west. The properties along North Salem Road are also adjacent to Interstate 40. The Comprehensive Future Land Use Plan depicts the four (4) properties as being best suited for low and mixed density residential purposes. The HM District is intended for heavy industrial uses that involve basic processing and manufacturing of materials or products. Mr. McCormick indicates that the purpose of the COOKEVILLE PLANNING COMMISSION 2 MARCH 22, 2010 rezoning request is to allow the location of cement and asphalt production facilities. These facilities are permitted in the HM District. As noted, the property at 1100 Old Cavalry Road is currently utilized as a quarry. It is classified as a legal nonconforming use, existing at the time the property was annexed by the city in 2001. Quarries are permitted only as special exceptions in the HM District subject to certain conditions. A request from Mr. McCormick to rezone Parcel 7.01 on Old Cavalry Road, consisting of approximately 70 acres, from RS-20 to HM was denied by the Planning Commission in March of 2006. In the 2006 request the petitioner indicated that the purpose of the rezoning was to allow the location of a concrete production facility on the property. It was further indicated that the concrete facility located in the Cookeville downtown area would be relocated if the rezoning was approved. In the denial of the 2006 request a number of concerns were identified, including the following: • Only access to the property (Cavalry Road) was located through an established residential area • Inadequate width (19 feet) and design of Cavalry Road for heavy truck traffic • Impact of the proposed uses on nearby residential areas • Potential uses allowed in HM and their potential impact on nearby residential areas • Deviation from the Future Land Use Plan In October of 2006 the Planning Commission approved the creation of a new zoning district, the QM, Quarry and Mining District and the establishment of additional standards for quarry and mineral extraction operations. The new zone and additional standards were adopted by the City Council. The QM District was created specifically for quarry and mineral extraction operations and related operations such as concrete products and asphalt mixing, which are the uses desired in the rezoning request currently before the Planning Commission. The QM District requires that access to the permitted uses be designed and located to minimize the danger to traffic and nuisance to adjoining property owners. The primary differences between the 2006 request and the request currently before the Planning Commission are the inclusion of the three (3) additional parcels, consisting of approximately 44 acres, and the potential for providing a second means of access. However, most of the concerns with the 2006 rezoning request appear to still be applicable with the current request. Under the current request Cavalry Road, which has not been widened, would still be used as a primary access to the site; additional residential areas would be impacted; a larger area would be rezoned to HM, a zone which allows many uses that can have a negative impact on nearby properties; and a more significant deviation from the Future Land Use Plan would occur. The acquisition of the properties along North Salem Road would allow for the construction of a second means of access to the site. This would help to reduce the impact on the residential area adjacent to the north of the site, especially if the new access was developed as the primary access to the site. However, there are major issues with the adequacy of North Salem Road for heavy truck traffic. The concerns include insufficient pavement width, inadequate COOKEVILLE PLANNING COMMISSION 3 MARCH 22, 2010 surfacing, improper grade at Highway 70N, questionable visibility at Highway 70N, and the lack of right-of-way to complete the necessary improvements. The desired uses indicated by the petitioner as the reason for rezoning request are appropriate accessory uses with a quarry operation. While the HM zone allows the desired uses it also allows many other potentially objectionable uses and the Planning Department is of the opinion that the HM zone is not appropriate for the area. The QM zone was developed specifically to allow such accessory uses with a quarry provided appropriate and safe access to the site can be provided. Rezoning the current site of the quarry to QM, excluding the properties along North Salem Road, would not be a significant deviation from the Future Land Use Plan since the property is already used for such purposes. However, rezoning to QM would require the provision of access to the site that is designed and located to minimize the danger to traffic and nuisance to adjoining property owners and it has not been demonstrated that this requirement can be met. Staff recommended denial of rezoning request. Bruce McCormick requested that the application for rezoning be changed from HM (Heavy Manufacturing) to QM (Quarry & Mining). He added that Cookeville Limestone will aid in upgrading Old Salem Road. Mike Holloway, 1502 North Salem Road, stated that his family had owned their farm since 1907. When Interstate 40 was built it split their farm in half, then Highway III was built North Salem Road was turned into a dead end road. Our family decided that it was time to sell. Joe Greenwood, 1275 Skyline, asked if the development had access to Highway III. James Mills replied that they did not have access to Highway III. Anna Ruth Burroughs, 1650 Iris, submitted a petition with 73 signatures in opposition to the rezoning request and urged the Commission to vote no. Marsha Nixon, on behalf of her parents David and Maurine Judd who live at 1200 North Salem Road, was opposed to the rezoning request and upset that the quarry was getting bigger & bigger and that it was an eye soar for the City of Cookeville. She was concerned about the health issues that come with the quarry and then to add an asphalt plant would create more health and safety issues. She urged the City to set limits on the amount of blasting that can occur now that the quarry is in the city limits. Brenda York, daughter of David and Maurine Judd, stated that the Governor of the State of Tennessee in 1976 presented her parents with a Century Farm plaque. She was opposed to adding the asphalt pollution to existing health hazards that exist with the rock quarry. Less than 1 mile away Lo Jack already has a plant in Cookeville. Maurine Judd, 1200 North Salem Road, stated that about 3 week ago, the quarry blasting shook every window in the house and she was opposed to expanding their business. COOKEVILLE PLANNING COMMISSION 4 MARCH 22, 2010 Chuck Johnson, owner of the Garden Center located at 1717 East Spring Street, stated that the area already has a problem with existing quarry. There are about 150 trucks a day on Old Cavalry Road which is too narrow and cannot support that type of traffic. The road is eroding on the east side due to the heavy trucks and he has seen as many at 6 dump trucks trying to get out on East Spring Street. Adding two additional companies will make it more dangerous and the request should be denied. Dean Butler, property owner on Watauga Road, shared his concerns about the blasting. John Bella was opposed to expanding the quarry by adding a cement plant and an asphalt plant. Asphalt fumes releases 7 toxins (Hydrogen sulfide, Benzene, Chromium, Formaldehyde, Polycyclic Aromatic Hydrocarbons, Cadmium and Arsenic. that are known to affect human health. Exposure to these toxins can cause cancer, respiratory problems and other serious health issues. Dot Lafever, 1274 Skyline Drive, stated that they owned 3 lots adjacent to the rock quarry and she was concerned about the survival for herself and her husband Alan who is on oxygen. Mrs. Lafever showed the Commissioners a sample of black dust that was taken off an outside vehicle. They had it analyzed by the American Lung Association and it consists of diesel oil, soot and dust and contains Crystalline Silica and other hazardous materials. Mrs. Lafever requested that they allow her in live in peace and comfort as they did before the days of the Cookeville Limestone Company and to deny the rezoning request. Eric Augustson spoke on behalf of his grandmother Marion Bohannon, who lives at 1911 North Salem Road. He said that his boys ride their bicycles on North Salem Road since it is a dead end street. They will not be able to ride their bikes if the City allows heavy truck traffic on a narrow road. Gene Caldwell, 1074 Old Cavalry Road, showed photographs of how narrow the road was and that it is impossible for two vehicles to pass each other. Cookeville Limestone is required to notify the residents every time that they dynamite but they don’t. The dust has glass in it which is harmful to breathe. Mr. Caldwell reminded everyone to look at Crab Orchard and determine if that is the direction that we want for the City of Cookeville. Deborah Bella stated that the residents on North Salem Road can’t even sit on their back porches due to all the dust in the air now. Think about the health and well being of those residents if you add heavy manufacturing businesses that can cause further health hazards. Douglas Hudgens, 1250 Skyline Drive, stated that the limestone dust was out of control now and requested that the Board vote no. Emma Jean Tudor, 899 Skyline Drive, stated that it feels like they are trying to blast their way to China. The City should set a limit on blasting. She has damage to her house that she cannot repair by herself. Janice Lee, 1030 Skyline Drive, stated that when she purchased her property, the real estate agent did not tell her that there was a quarry there. There are state & federal regulations, but COOKEVILLE PLANNING COMMISSION 5 MARCH 22, 2010 who is making sure that they stay legal and honest. There are ways to keep the dust down, so why are they not abiding by the regulations. John Keith, 1636 Iris Avenue, requested that the Board vote no, since there is no plan and based on the fact that Mr. McCormick tried to change which zone that they were asking for at the meeting. Turner McKinnie, 1200 Skyline Drive, was also concerned about who would regulate the existing business to see if they meet all the regulations. Brian Paddock, Attorney at law, stated that the State of Tennessee has a blasting law, which limits vibration. He added that there was a pending lawsuit that relates to health hazards with the existing operation and suggested that the City not expand an area or allow other uses while there is a lawsuit involving this area. Dr. Roy Loutzenheiser made the motion to deny rezoning 1100 Old Cavalry Road, 1502, 1554, & 1706 North Salem Road from RS20 (Single Family Residential) to HM (Heavy Manufacturing) and QM (Quarry & Mining). Dr. Angelo Volpe seconded the motion and the motion carried unanimously. DENIED. James Mills stated that the property owners have a right to appeal the decision to the City Council. The letter must be in writing to the Planning Department and be submitted within 30 days. 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 REQUEST FOR SIX (6) MONTH EXTENSION OF PRELIMINARY PLAT APPROVAL OF MAGNOLIA ON TENTH, 32 UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 1011 EAST 10TH STREET. REQUEST SUBMITTED BY JERRY GAW. James Mills stated that Mr. Jerry Gaw has submitted a request for an additional six (6) month extension of the Preliminary Plat approval of the Magnolia on Tenth Condominiums, a 32 unit development of his property located at 1011 East 10th Street. The property proposed for development is identified on Tax Map 040M, Group B as Parcel 4.00. The Preliminary Plat was originally granted approval for a twelve month period by the Planning Commission on October 27, 2008. The Planning Commission granted a six month extension on September 28, 2009. This approval would subsequently expire on March 28, 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 six month extension of the Preliminary Plat as requested which would expire on September 22, 2010. Dr. Angelo Volpe made the motion to approve the six month extension of Preliminary Plat approval of Magnolia on Tenth. Randy Dalton seconded the motion. Votes: Jim Stafne - COOKEVILLE PLANNING COMMISSION 6 MARCH 22, 2010 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. Dr. Roy made the motion to take the following items for study. Randy Dalton seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 3330 OLD SPARTA ROAD FROM CI (COMMERCIAL INDUSTRIAL MIXED USE) TO LM (LIGHT MANUFACTURING). REQUEST SUBMITTED BY LARRY WILEY. (2) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF A PORTION OF MILL DRIVE LOCATED ADJACENT TO 1498 WEST BROAD STREET AND DECLARING THE PROPERTY AS SURPLUS. REQUEST SUBMITTED BY CASON DICKINSON. (3) CONSIDER FOR STUDY REQUEST FOR DENSITY BONUS UNDER PROVISIONS OF SECTION 201.8K OF THE ZONING CODE FOR THE CONVERSION OF A NONCONFORMING USE TO A CONFORMING USE FOR PROPERTY ZONED AS RM-8 AND LOCATED AT 415 AND 421 WEST 12TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • WHITTS BAR-BE-CUE – 1 LOT LOCATED ON THE CORNER OF WEST BROAD STREET AND SOUTH WHITNEY AVENUE – CHRIS MURDOCK. (2) UPDATE OF COMPREHENSIVE PLAN – DEVELOPMENT PLAN ELEMENT. (3) STATUS OF RANDOM SURVEY. ADJOURNMENT: 7:00 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION