Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 26, 2010 The Cookeville Planning Commission met on Monday, April 26, 2010 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, Randy Dalton, and Matt Swallows. MEMBERS ABSENT: Aaron Bernhardt, and Dr. Angelo Volpe. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Larry Wiley, Fred Bussell, Paul Bonner, Maxine Bonner, Cason Dickinson, Lou Ann Watts, Jerry Boyd, David Watts, Edna Horsley, Don Horsely, Jerry Gaw, and Bob Vick. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Randy Dalton made the motion to approve the agenda as submitted. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MARCH 22, 2010. Dr. Roy Loutzenheiser made the motion to approve the minutes of March 22, 2010. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 3330 OLD SPARTA ROAD FROM CI (COMMERCIAL INDUSTRIAL MIXED USE) TO LM (LIGHT MANUFACTURING). REQUEST SUBMITTED BY LARRY WILEY. James Mills stated that Mr. Larry Wiley has submitted a request to rezone from CI, Commercial- Industrial Mixed Use, to LM, Light Manufacturing, his property located at 3330 Old Sparta Road and identified as Parcel 71.00 on Tax Map 83. The property proposed for rezoning consists of approximately 2.3 acres. It is contiguous with CI zoning to the north, south, and east and with CI and RS-20 Single Family Residential zoning to the west. The property is also adjacent to and visible from State Highway 111. The Comprehensive Future Land Use Plan depicts the property as being best suited for mixed use commercial/industrial purposes. The subject property is currently used as a tractor and equipment sales and repair establishment. Mr. Wiley indicates in his application that the purpose of the rezoning request is to allow the property to be used as an auto storage/tow-in lot. He has also indicated that he intends to convert the use to a vehicle repair establishment. This is a permitted use in the CI zone and the storage of inoperable vehicles is limited to ten (10) vehicles. The storage of more than ten (10) inoperable vehicles is considered an automobile wrecking yard. COOKEVILLE PLANNING COMMISSION 2 APRIL 26, 2010 Auto wrecker service/wrecking yard is allowed as a special exception in the LM District subject to certain conditions. Although the proposed use of the property is subject to conditional approval by the Board of Zoning Appeals, the Planning Department is of the opinion that the subject property is not an appropriate location for an auto storage lot. Staff recommended denial of rezoning request. Larry Wiley stated that he did not want a junk yard, just a tow lot, so that he can get on the Police Departments towing list. Paul Bonner stated that he supported the recommendation of the Planning Staff to deny the rezoning request. Davis Watts, stated that he was representing his wife Lou Ann Watts and her brother Jerry Boyd, who own property adjacent to this location and they are opposed to the rezoning request. Bob Vick stated that he was also opposed to the rezoning request. Lois Boyd Horsley stated that she lived down the road and was opposed to infringing on the residential area with this type of rezoning request. Randy Dalton made the motion to deny rezoning this property to LM (Light Manufacturing). Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. DENIED. CONSIDER FOR ACTION 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. James Mills stated that Mr. Cason Dickinson and Mr. Nate Maxwell have submitted requests for closure and abandonment the portion of Mill Drive located between West Jackson Street and West Broad Street and that it be declared as surplus property and made available for purchase. Mill Drive between West Jackson and West Broad Streets is approximately 316 feet in length. It has a surveyed right-of-way width of 40 feet. The southern portion of the street has been partially closed for approximately 200 feet and the portion that remains open is in poor condition and serves as access to a house located on Mr. Dickinson’s property. Parcel 175 on Tax Map 39, owned by Mr. Dickinson, is contiguous with the eastern right- of-way of Mill Drive for a distance of approximately 350 feet. Parcel 176.01 on Tax Map 39, owned by Mr. Maxwell, is contiguous with the western right-of-way of Mill Drive for a distance of approximately 282 feet. According to a survey of the right-of-way approximately 6,660 square feet of the right-of-way could be purchased by Mr. Dickinson and approximately 5,986 square feet could be purchased by Mr. Maxwell. COOKEVILLE PLANNING COMMISSION 3 APRIL 26, 2010 The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The procedure includes the following: • Submittal of written request and payment of fees (completed) • Submittal of survey (completed) • Confirmation that all affected property owners have been contacted and concur with the closure and abandonment (completed) • Review by Departments (completed) • Review and approval of Planning Commission • Approval of City Council • Purchase of property based on a value established by the City Manager (appraisal, if necessary, and recording costs to be paid for by the petitioner) The applicable city departments have reviewed the closure and abandonment request. The Electric Department indicates that a power line is located through a portion of the right-of- way and requested that a utility easement, 20 feet in width, be retained for the entire length of the street right-of-way should it be closed and abandoned. The Water Quality Control Department indicates that a sewer line is located on the southern end of the right-of-way along West Jackson Street and has requested that a utility easement, 15 feet in width be retained for the entire width of the street right-of-way along West Jackson Street. Staff recommended approval of closure and abandonment and declaration as surplus property with sale to adjoining property owners in compliance with the Municipal Code subject to the retention of specified utility easements. Cason Dickinson stated that he would comply with the easements as recommended by staff. Dr. Roy Loutzenheiser made the motion to approved the closure and abandonment of a portion of Mill Drive located adjacent to 1498 West Broad Street and declaring the property as surplus, subject to staff’s recommendation. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO CONDITIONS. CONSIDER FOR ACTION 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. James Mills stated that Mr. Aaron Bernhardt has submitted a request for a density bonus for the conversion of a nonconforming use to a conforming use for property zoned as RM-8, Multi-Family Residential and located at 415 and 421 West 12th Street. The subject properties are currently used as a mobile home park, which is a nonconforming use in the RM-8 District. Section 201.8K of the Zoning Code provides that within the RM-8 District the Planning Commission may approve a density bonus to encourage the COOKEVILLE PLANNING COMMISSION 4 APRIL 26, 2010 conversion of nonconforming uses to conforming uses subject to several conditions. These conditions are as follows: 1. A request for a density bonus for the conversion of a nonconforming use to a conforming use shall be submitted to the Planning Department and shall include a description of the existing nonconforming use and the proposed conforming use. 2. A site plan depicting the location, height and bulk of all buildings and structures, parking areas, landscaping and other improvements, and any additional information as required by the Planning Commission shall be submitted to and approved by the Planning Commission. Information on the type, use and number of units for each structure, and elevations and perspective drawings of structures shall also be submitted to and approved by the Planning Commission. 3. The density bonus shall not exceed twenty (20) percent of the minimum lot area requirement per dwelling unit. 4. The nonconforming use shall be discontinued within ninety (90) days from the date of approval of the reduction in the lot area requirement. 5. All setback requirements shall be met. 6. If the proposed conforming use requires the subdivision of property, a plat in conformance with the requirements of the Cookeville Subdivision Regulations shall be submitted and considered for approval in conjunction with the request for reduction in the minimum lot area requirement. The subject properties consist of approximately 1.87 acres or 81,245 square feet combined. In the RM-8 District the minimum lot size requirement is 5,000 square feet per dwelling unit. This would allow 16 dwelling units on the property. A 20 percent reduction of the lot size requirement to 4,000 square feet per dwelling unit would allow 20 dwelling units on the property. Mr. Bernhardt indicates in his request that he intends to convert the mobile home park into townhouses, which are a permitted use in the RM-8 District. Staff recommended approval of request subject to compliance with all conditions specified in Section 201.8K Bob Vick was present and representing Aaron Bernhardt on this request. Dr. Roy Loutzenheiser made the motion to approve the request for density bonus, subject to compliance with all the conditions specified in Section 201.8K of the Zoning Code. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO MEETING ALL CONDITIONS SET BY THE ZONING CODE. CONSIDER FOR ACTION FINAL PLAT OF UNIVERSITY CENTER TOWNHOMES (FORMALLY CONDOMINIUMS), 1 LOT LOCATED ON THE CORNER OF WEST 12TH AND AUTUMN AVENUE. REQUEST SUBMITTED BY JERRY GAW. Ken Young stated that Mr. Jerry Gaw has submitted for approval a Final COOKEVILLE PLANNING COMMISSION 5 APRIL 26, 2010 Plat of the University Center Townhomes Subdivision, a 25 lot residential development located off 12th Street, Autumn Avenue and Brandon Drive. The subject property is identified on Tax Map 040J, Group A as Parcel 5.00 and consists of approximately 1.945 acres. The parcel is zoned CL (Local Commercial) and abuts property that is also zoned CL. The preliminary plat was granted conditional approval on February 23, 2009 in conjunction with several waivers. These included waiving the right- of-way dedication requirement and sidewalk construction along Brandon Drive with the stipulation that the subject property would have no ingress or egress to that street. The developer was also allowed to reduce the right-of-way dedication requirement along Autumn Avenue to the amount necessary to widen the street to a width of 20’ subject to the provision of a sidewalk and separation strip. On March 12, 2009 the Board of Zoning Appeals (BZA) granted a request to allow a setback reduction along Brandon Drive from 30’ to 15’. On December 10, 2009 the BZA granted a request to allow the location of the dumpsters in the side yard setback on the western property line. On February 22, 2010 the Planning Commission granted a request for a 90 day extension of the preliminary plat. The development has been connected to the existing six-inch water line in the right-of-way of Autumn Avenue and the sewer has been connected to the existing eight-inch water line also located in that right-of-way. Additionally, the developer has completed the pavement widening of Autumn Avenue to 20’. All new infrastructure improvements on the subject site will be privately owned and maintained as noted on the plat and the Homeowner Agreement will address maintenance and repair of those components as well as other common elements. The plat depicts new sidewalks that have been constructed along 12th Street and Autumn Avenue and will be dedicated to the City. As requested by the Director of Public Works, the developer has submitted an irrevocable letter of credit in the amount of $2500.00 for a three year period to warranty the improvements made to Autumn Avenue. In addition, copies of his application to the State of Tennessee for a Homeowner Association charter have been submitted to the Planning Department. Staff recommended conditional final approval subject to the 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 approve the Final Plat of University Center Townhomes subject to staff’s recommendation. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED, WITH CONDITIONS. Judy Jennings made the motion to take the following item for study. Ryan Williams seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY REZONING 151 PIGEON ROOST CREEK ROAD FROM RS-20 (SINGLE-FAMILY RESIDENTIAL) TO MS (MEDICAL SERVICES). REQUEST SUBMITTED BY MICHAEL O’MARA ON BEHALF OF PAULA GARRETT. COOKEVILLE PLANNING COMMISSION 6 APRIL 26, 2010 STAFF REPORTS: (1) MINOR PLAT APPROVALS: • MONTGOMERY DIVISION – 2 LOTS LOCATED ON NORTH HICKORY AVENUE & MONTGOMERY AVENUE – KELLEY TAYES. • MONTGOMERY DIVISION – REDIVISION OF LOT 2 – 2 LOT LOCATED ON NORTH HICKORY AVENUE – KELLEY TAYES. • REVISED PLAT EAGLES LANDING VENTURES LLC DIVISION PHASE II – 3 LOTS LOCATED ON BUFFALO VALLEY ROAD – EAGLES LANDING VENTURES. • COMBINATION PLAT OF LOTS 1 & 2 OF CHAFFIN DIVISION PHASE I AND LOTS 3 & 4 OF CHAFFIN DIVISION PHASE I – 1 LOT LOCATED ON OLD KENTUCKY ROAD – ROBERT MACKIE. (2) UPDATE OF COMPREHENSIVE PLAN – DEVELOPMENT PLAN ELEMENT. James Mills gave a brief update on the Citizens survey. ADJOURNMENT: 6:02 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION