Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MAY 24, 2010 The Cookeville Planning Commission met on Monday, May 24, 2010 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Dr. Angelo Volpe, Dr. Roy Loutzenheiser, Judy Jennings, Chris Wakefield, Ryan Williams, Randy Dalton, and Matt Swallows. MEMBERS ABSENT: Jim Stafne and Aaron Bernhardt. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young. STAFF MEMBERS ABSENT: Jim Shipley. OTHERS PRESENT: Robert & Marydell Sommers, Waymon E. Isom, J. A. Minnear, Carl & Thelma Moore, John Donnelly, Andy Milton, Ed Butler, R. J. Harold, Brian Paddock, Johnny Stites, Liz Engel, and Deborah Sam. Dr. Roy Loutzenheiser reported that Ryan Williams will be abstaining from any discussion or voting on Action Item #7: Final Plat of Blackwell Road Division, due to a conflict of interest. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. James Mills stated that Mike O’Mara contacted him this afternoon and requested that Action Item #3 – Rezoning 151 Pigeon Roost Creek Road from RS-20 to MS be withdrawn from the agenda. Mr. Mills also requested that the Board include in the motion to waive the study period for Action Items #6 & #7. Ryan Williams made the motion to approve amending the agenda by withdrawing Action Item #3 from the agenda and to approve waiving the study period for Action Item #6 and Action Item #7. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 26, 2010. Dr. Angelo Volpe made the motion to approve the minutes of April 26, 2010. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. A petition with 45 names in opposition of the rezoning on Pigeon Roost Creek Road was submitted to the Planning Commission. CONSIDER FOR ACTION 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. THIS ITEM WAS WITHDRAWN BY MIKE O’MARA. CONSIDER FOR ACTION FINAL PLAT OF RIDGECREST NORTH END DIVISION, 5 LOTS LOCATED ON EASTGATE CIRCLE. REQUEST SUBMITTED COOKEVILLE PLANNING COMMISSION 2 MAY 24, 2010 BY ANDY MILTON ON BEHALF OF CROWN PROPERTIES. Ken Young stated that Mr. Andy Milton, on behalf of Crown Properties, has resubmitted a Final Plat of Ridgecrest North End Division located off Eastgate Circle. This five lot residential development is a re- subdivision of two lots in the Ridgecrest Townhomes Subdivision and an adjacent area that had been set aside for future development. The Final Plat was granted conditional approval by the Planning Commission at the August 24, 2009 meeting. This approval was subject to submission and approval of “as-built” water and sewer plans and additions or corrections to the plat as determined by the Planning Department and/or other appropriate city departments. The developer submitted all financial guarantees and warranty of improvements prior to the August 24th meeting. Article II, Section G, Subsection 6 of the Subdivision Regulations states that if a final plat is given conditional approval, the time frame for completion cannot exceed ninety (90) days. The developer was unable to complete the final conditional approval requirements within the required time frame and has therefore resubmitted the plat for consideration. The plat was once again reviewed with the relevant city departments and phone company representative on May 17th. The Department of Water Quality Control reported that the “as- built” plans for the water and sewer lines have been submitted and approved. They further stated that any manhole tops or meters that need to be adjusted will be covered under the previously submitted warranty. The Public Works Department advised that some erosion control measures need to be corrected. The Electric Department stated that the 2 1/2” conduit for the loop feed as shown on the plat had not been installed. Public Works stated that this will require a boring under the road and under no circumstances was the road to be cut. Mr. Milton has been advised of these matters and understands that these must be satisfactorily addressed prior to obtaining plat signatures from those departments. Staff recommended final conditional approval subject to completion of the work as requested by the Electric and Public Works Departments and the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Dr. Angelo Volpe made the motion to grant conditional final plat approval subject to completion of the work as requested by the Electric and Public Works Departments and the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Judy Jennings seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION FINAL PLAT OF QUAIL HOLLOW SUBDIVISION, 39 LOTS LOCATED OFF GAINESBORO ROAD. REQUEST SUBMITTED BY ED BUTLER ON BEHALF OF H & E ENTERPRISES. Ken Young stated that Mr. Ed Butler on behalf of H & E Enterprises has submitted for approval a Final Plat of Quail Hollow, a 39 lot single family residential development of their property off of 12th Street, also known as Gainesboro Grade and Highway 290. The preliminary plat was submitted and approved by the Planning Commission at the May 18, 2009 meeting. COOKEVILLE PLANNING COMMISSION 3 MAY 24, 2010 The development property is identified on Tax Map 039 as Parcel 058.00 and consists of approximately 6.70 acres. This parcel is zoned as RS-5, single family residential. The eastern boundary of the tract is bordered by property zoned as RM-8, multi-family residential. The western boundary is adjacent to property zoned as CL, Local Commercial on the northern section and the remainder is adjacent to property zoned as RS-10, single family residential. A new looped road with the proposed name of Quail Hollow Drive is under construction and will serve all the new building lots. The developer was granted a request by the Planning Commission at the May 2009 meeting to reduce the required right-of-way of the new road from 45 feet to 40 feet. On June 11, 2009 the Board of Zoning Appeals granted variances to allow a rear setback reduction from 15’ to 14’ on Lots 16, 17 and 20 and a reduction to 13’ on Lot 21. The surveyor will correct the statement in the plat regarding these variances. The developer was also granted a variance by the Board of Zoning Appeals- to reduce the front setback off Gainesboro Grade which is a major street, from 50’ to 45’ for Lot 1. After receiving Preliminary Plat approval the developer discovered a previously undetected gas well on Lot 23, the exact location is now depicted on the submitted road profile. The developer has advised Public Works that Tennessee Department of Environment & Conservation (TDEC) has issued the necessary permit to fill and cap the well. A new sidewalk will be installed along the front of all the interior lots. A new six-inch waterline is being installed which will connect to the existing waterline located in the right-of-way of 12th Street. The Water Quality Control Department reports that all the sewer lines have been installed and about 150’ of water main has yet to be installed. A sewer easement containing an eight-inch sewer main bisects the parcel from east to west crossing lots 2, 24 and 25. The developer indicates that an easement from the existing Soard property has been obtained in order to access the sewer. Public Works reports that the road subgrade is not completed and subsequently no base stone has been applied. Public Works also reports that the developer has not submitted an Aquatic Resource Alteration Permit (ARAP) for the drainage area on Lot 23. Ken Young added that today Mr. Butler submitted the following: (1) Letter of Credit for $59,250.00 expiration date of May 21, 2011 for base stone, asphalt binder, curbing and seeding; (2) Letter of Credit for $30,000 expiration date of May 21, 2012 for the completion of sidewalks; (3) Letter of Credit for $10,000 expiration date of May 21, 2012 for Warranty of Improvements; and (4) Cashier’s check for $20,000 for paving of top coat. Staff recommended that based on the facts that the utilities have not been installed and the road has not been completed through the base stage, plat postponement is warranted. Ed Butler asked the Board to consider granting conditional approval for 30 days instead of postponement. Ken Young wanted to clarify that when a Final Plat is granted conditional approval, no building permits will be issued until all of the requirements have been completed. Brian Paddock stated that on behalf of the Sierra Club, that the permit to allow H & E Enterprises to proceed was wrongfully issued by TDEC. The gas well was supposed to be professional capped by the end of February and it has not been done as of today, which is a violation of the consent order and agreement that Mr. Butler signed on 12/18/2009. To take COOKEVILLE PLANNING COMMISSION 4 MAY 24, 2010 the well off the plat is an unwise practice and should be reconsidered. Mr. Paddock requested that the Commission not grant conditional approval until all of the environmental issues have been completed and to put the location of the capped gas well on the final plat. Mr. Paddock submitted a copy of the consent order and agreement to the Planning Department. Ed Butler responded that the gas well was an unregistered well and he didn’t know anything about it until he started construction, and that the well was going to be capped with 3 other wells through grant funding. James Mills stated that the Board could hold a special called meeting as an option. Randy Dalton made the motion to postpone action on the final plat of Quail Hollow Subdivision until June 2010. If the plat meets all the requirements for final plat approval by Thursday, June 10th, then the Board would consider a special called meeting on Monday, June 14th. If the requirements have not been completed by June 10th, then Mr. Butler will have to wait until June 28, 2010 meeting. Chris Wakefield seconded the motion and the motion carried unanimously. FINAL PLAT REQUIREMENTS NOT COMPLETED AND APPROVAL POSTPONED UNTIL JUNE. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF AN UNDEVELOPED SECTION OF MILL AVENUE LOCATED ON THE PROPERTY AT 87 SOUTH WILLOW AVENUE AND DECLARING AS SURPLUS. REQUEST SUBMITTED BY CHRIS VICK ON BEHALF OF GLEN SMITH. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. James Mills stated that Mr. Chris Vick, on behalf the property owner Universal Plastics, Inc., has submitted a request for closure and abandonment of a portion of Mill Avenue located west of North Willow Avenue between West Spring and Broad Streets and that it be declared as surplus property and made available for purchase. Historic maps indicate that Mill Avenue (shown as Mill Street on old city maps) connected West Spring and Broad Streets. At some point in the past the southern portion of the street was apparently closed and abandoned. According to a survey, the right-of-way subject portion of Mill Avenue is approximately 92.65 feet in length and 35.12 feet in width. The right-of-way is undeveloped. The survey also indicates that the right-of-way consists of 3,242.7 square feet. Parcel 13 on Tax Map 53H, Group B, owned by Universal Plastics, Inc., is contiguous on all sides of the subject right-of-way. 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, COOKEVILLE PLANNING COMMISSION 5 MAY 24, 2010 • Approval of City Council, and • 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 Water Quality Control Department indicates that a sewer line is located through 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 Department also indicates that an easement needs to be retained for a fire hydrant located in the northeastern portion of the subject right-of-way. 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. Dr. Angelo Volpe made the motion to approve closure and abandonment of an undeveloped section of Mill Avenue located on the property at 87 South Willow Avenue 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. Matt Swallows seconded the motion and the motion carried unanimously. APPROVED CLOSURE AND ABANDONMENT OF AN UNDEVELOPED SECTION OF MILL AVENUE LOCATED ON THE PROPERTY AT 87 SOUTH WILLOW AVENUE AND DECLARED AS SURPLUS. CONSIDER FOR ACTION FINAL PLAT OF BLACKWELL ROAD DIVISION – 2 LOTS LOCATED ON BLACKWELL ROAD. REQUEST SUBMITTED BY JACK STITES ON BEHALF OF NOMADS LLC. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. Ken Young stated that Mr. Jack Stites on behalf of Nomads LLC has submitted for approval a Final Plat of Blackwell Road Division, a two lot development of their property located at the end of Blackwell Road. The property has access to existing water and sewer and a fire hydrant. Tract 1 is approximately 2.0 acres in size and the remainder of the parcel is approximately 17.162 acres. Generally, property that has frontage on an existing city road with utilities available that is being divided into no more than two lots can be reviewed administratively by staff without Planning Commission review and approval. However, due to the substandard nature of the existing road, improvements will be required as well as the construction of a cul-de-sac which requires review and approval by the Planning Commission. The developer has requested that the Preliminary Plat requirement be waived. The development property is identified on Tax Map 83 as Parcel 77.04 and consists of approximately 19.351 total acres. This parcel is zoned LM (light manufacturing) to a depth of approximately 600’. The remaining rear portion of the property is zoned RS10, single family residential. All of the proposed Tract 1 is zoned LM. Property to the north and south is also zoned in the same manner. The western boundary of the tract is bordered by property zoned as RS10. Tract 2 is shaded to indicate the location of a FEMA identified Special Flood Hazard Area. Public Works has estimated the cost of making the road improvements and construction COOKEVILLE PLANNING COMMISSION 6 MAY 24, 2010 of the cul-de-sac at $26,500. The developer will be required to submit an irrevocable letter of credit in that amount to guarantee completion of the road. In addition, the developer will be required to submit an irrevocable letter of credit for $2,650 as a warranty of improvements. Staff recommended waiver of Preliminary Plat requirement and final conditional plat approval subject to submission of the required financial guarantees and the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Judy Jennings made the motion to waive the Preliminary Plat requirement and to grant final conditional plat approval subject to submission of the required financial guarantees and the completion of corrections or additions to the Final Plat as determined necessary by the Planning Department and/or other appropriate city departments. Randy Dalton seconded the motion. Votes: Dr. Angelo Volpe - aye, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams - abstain, Randy Dalton - aye, and Matt Swallows - aye. CONDITIONAL FINAL PLAT APPROVAL. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • BARTIK DIVISION 3 – 1 LOT LOCATED ON FISK ROAD – IAN BARTIK. • BEATRICE GREENWOOD DIVISION – 2 LOTS LOCATED ON CRESCENT DRIVE – TAYS REALTY. • BEATRICE GREENWOOD DIVISION PHASE II – 2 LOTS LOCATED ON CRESCENT DRIVE – TAYS REALTY. • ROBERT WILLIAMS III DIVISION – 2 LOTS LOCATED ON 4TH & WOMACK – ROBERT WILLIAMS III. (2) 2010 CITIZENS SURVEY. James Mills gave a summary on the 2010 Citizens Survey. The City mailed 400 surveys at random to residents in April and a total of 154 were returned. With a 38.5 percent response rate, staff cannot state that these responses represent the entire City of Cookeville’s opinion. Mr. Mills highlighted some of the results. • 78 percent rated the retention of trees and the encouragement of tree planting as the most important aspect of the national environment. • 98 percent indicated that protection of the natural environment was important to them over the next 10 years. • 96 percent rated the quality of life in Cookeville as satisfactory or very satisfactory. • 94 percent indicated that the provision of city services had either improved or remained stable in their neighborhood in the past 10 years. • More than 78 percent rated the sense of safety and security and the provision of city services as good or excellent. • 80 percent rated the availability of downtown parking as fair or poor. • 77 percent rated traffic circulation as fair or poor. • 74 percent rated traffic volume as fair or poor. COOKEVILLE PLANNING COMMISSION 7 MAY 24, 2010 • 71 percent chose moderate growth as the best alternative for how Cookeville should grow over the next 10 years. • 68 percent rated every natural environment aspect as important. • 66 percent indicated they would like to see apartment developments decrease in the future. • 48 percent ranked the widening of East 10th Street as the most important city street improvement project (the highest of any street project.). • 41 percent ranked the utilization of traffic cameras to issue citations as the least important capital project or service. • 40 percent ranked the widening of South Jefferson Avenue from Interstate 40 south to Highway 111 as the most important state highway improvement project (the highest of any highway project). • 38 percent ranked houses detached and surrounded by private yards as the most desirable neighborhood design aspect (the highest of any design aspect). • 32 percent ranked the implementation of curbside recycling as the most important capital project or service (the highest of any project or service). • 25 percent indicated that they would be willing to pay additional taxes for certain capital projects or services. James Mills concluded by announcing that the final report from the survey is now on the City of Cookeville’s website and that he is incorporating the results of the survey into the comprehensive land use plan currently under development. (3) UPDATE OF COMPREHENSIVE PLAN – DEVELOPMENT PLAN ELEMENT. James Mills stated that within the next few months public hearings will be scheduled for the public to attend and make comments. ADJOURNMENT: 6:21 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _______________________________________ JAYNE BARNS CPS DR. ROY LOUTZENHEISER PLANNING ASSISTANT ACTING CHAIRMAN COOKEVILLE PLANNING COMMISSION