Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 26, 2010 The Cookeville Planning Commission met on Monday, July 26, 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, and Ken Young. 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. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 26, 2010. Dr. Angelo Volpe made the motion to approve the minutes of June 26, 2010. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 1100 OLD CAVALRY ROAD (TAX MAP #67-7.01) FROM RS-20 (SINGLE-FAMILY RESIDENTIAL) TO QM (QUARRY & MINING) AND REZONING A PORTION OF 1805 EAST SPRING STREET (TAX MAP #67-15.00) FROM RS-20 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUESTS SUBMITTED BY DON JOHNSON ON BEHALF OF THE PROPERTY OWNERS, LARRY BURGESS & DONNIE ELKINS OF COOKEVILLE LIMESTONE, LLC AND BURCH MCCORMICK. (THE PLANNING COMMISSION DENIED REZONING 1100 OLD CAVALRY ROAD FROM RS-20 TO HM ON MARCH 27, 2006 AND DENIED REZONING FROM RS-20 TO HM AND QM ON MARCH 22, 2010.) Jim Stafne announced that he would be following Roberts Rules of Order and that the Planning Commission members could make a motion at any time. James Mills stated that Mr. Don Johnson, on behalf of the property owners, has submitted a request to rezone from RS-20, Single Family Residential to QM, Quarry and Mining the property located at 1100 Old Cavalry Road owned by Cookeville Limestone, LLC and from RS-20 to CL, Local Commercial a portion of the property located at 1805 East Spring Street owned by Burch McCormick. The property located at 1100 Old Cavalry Road is identified as Parcel 7.01 on Tax Map 67 and the property located at 1805 East Spring Street is identified as Parcel 15.00 on Tax Map 67. The zoning of Parcel 15.00 is split with the eastern portion zoned as CL and the west portion zoned as RS-20. COOKEVILLE PLANNING COMMISSION 2 JULY 26, 2010 Parcel 7.01 consists of approximately 70 acres and is used as a quarry. Parcel 15.00 consists of approximately 43 acres and the portion proposed for rezoning consists of approximately 27 acres. Parcel 15.00 is undeveloped. The properties are contiguous with RS-20 and CL zoning to the north, RS-20 zoning to the south, with RS-20, and RD, Single Family and Duplex Residential zoning to the west, and with RS-20 and CL zoning to the east. The Comprehensive Future Land Use Plan depicts the properties as being best suited for low and mixed density residential purposes. A request from Cookeville Limestone to rezone Parcel 7.01 on Old Cavalry Road 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. In March of 2010, Cookeville Limestone submitted another request to rezone the property at 1100 Old Cavalry Road to HM. This request also included three (3) additional properties with frontage on North Salem Road. It was indicated that the inclusion of the properties on North Salem Road would allow for the provision of a second means of access to the site. In the denial of the March 2010 request the following concerns were noted: • Old Cavalry Road would still be used as a primary access to the site, • Old Cavalry Road had inadequate width and was not designed for heavy truck traffic, • Inadequacies of North Salem Road for heavy truck traffic, • Larger rezoning impacted more residential areas, • HM zone allows many uses that can have a negative impact on nearby properties, and • Larger rezoning would be a more significant deviation from the Future Land Use Plan COOKEVILLE PLANNING COMMISSION 3 JULY 26, 2010 During both previous considerations before the Planning Commission several nearby residents spoke of the negative impacts of the quarry, including the affects of blasting and dust. It was noted at the previous meetings that the quarry had been classified by the Cookeville Building Official in 2004 as a legal nonconforming use. A legal nonconforming use is a use that legally existed prior to the adoption or amendment of a zoning code to which the use does not conform and the use has not been discontinued for a specific length of time. In 2004 the state legislature established the discontinuance period for all nonconforming uses as 30 months. As a legal nonconforming use the quarry can continue to operate and the city’s zoning regulations cannot be retroactively enforced. The Planning Department has stated during the previous considerations that the desired uses indicated by the petitioner as the reason for rezoning are common accessory uses with a quarry operation. 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. It also been noted that in the opinion of the Planning Department, rezoning the site of the quarry to QM would not be a significant deviation from the Future Land Use Plan since the property is already used for such purposes. A primary issue regarding rezoning to QM is the required provision of access to the site that is designed and located to minimize the danger to traffic and nuisance to adjoining property owners. There have been concerns raised regarding environmental impact, particularly for a proposed asphalt facility. Such facilities are regulated and monitored by the Tennessee Department of Environment and Conservation. State Operating Permits are required from TDEC’s Divisions of Air Pollution and Water Pollution Control. In the request currently before the Planning Commission Mr. Johnson has indicated that Cookeville Limestone has acquired the right to purchase right-of-way 60 feet in width through the property owned by Mr. McCormick for the purpose of constructing a new access street to the quarry property. A letter from Mr. Johnson to the City Manager, on behalf of Cookeville Limestone, LLC, states the following: • Cookeville Limestone agrees to construct, at its expense, a new access street from the quarry through the McCormick property to East Spring Street at the intersection of Dry Valley Road. • Cookeville Limestone agrees to pay, if necessary, for half the cost, up to $15,000, for the signalization of the intersection of the new street, East Spring Street and Dry Valley Road. • Cookeville Limestone agrees to construct the new street to the normal standards required by the City of Cookeville for a city street. • Cookeville Limestone approves and authorizes the City of Cookeville to prohibit commercial truck traffic on Old Cavalry Road if the rezoning is approved and after the new access street is completed. • Cookeville Limestone understands that the City of Cookeville will not issue permits for additional uses of the Cookeville Limestone property, such as an asphalt plant, concrete plant, brick plant, etc., until the new access street has been completed and truck traffic on Old Cavalry Road has been prohibited. COOKEVILLE PLANNING COMMISSION 4 JULY 26, 2010 • Future uses of the Cookeville Limestone property that are in addition to the rock quarry must comply with the QM zoning. However, after the QM is approved, the rock quarry operation, because it is “grandfathered in”, shall continue to operate within the boundaries of the property as it has previously operated before the change to QM zoning, without regard to the compliance with the requirements of QM zoning, and the City of Cookeville will provide a letter to Cookeville Limestone, LLC to acknowledge this right. East Spring Street is a state highway and any new access must be approved by TDOT and designed and constructed to TDOT standards. Correspondence from TDOT to Mr. Donnie Elkins, one of the owners of Cookeville Limestone, LLC, regarding the access on East Spring Street has been submitted. TDOT officials indicate that a traffic study will be required for approval of the access. The new access must also comply with the street design and construction standards of the City of Cookeville. The Public Works Department indicates that the site distance requirements can be met at the proposed location of the new access street on East Spring Street. The Public Works Director also indicates that a traffic signal most likely will be required. Staff stated that based on the information available it appears that the conditions for rezoning to QM and CL could be met. Dr. Roy Loutzenheiser stated that it is the role of the Planning Commission to look at short term and long range planning for the City of Cookeville. Old Cavalry Road is the only access to the quarry property and not a desirable location to add additional uses like the cement and asphalt plants. When visitors drive by our community, do we want them to see those types of uses when they come by Cookeville. The Commission could help the residents that are already there by looking at an alternative road for the quarry to use and by denying the QM to allow additional uses to the Old Cavalry Road location. Dr. Roy Loutzenheiser made the following motions: (1) Approve rezoning a portion of 1805 East Spring Street from RS-20 (Single-Family Residential) to CL (Local Commercial) for the purpose of relocating the access road from Old Cavalry to Spring Street thru the CL site, and (2) Deny rezoning 1100 Old Cavalry Road from RS20 to QM to remove additional hazards affecting the residential areas and expansion of other uses. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED REZONING A PORTION OF 1805 EAST SPRING STREET FROM RS-20 TO CL AND DENIED REZONING 1100 OLD CAVALRY ROAD FROM RS20 TO QM. Jim Stafne stated that the City Council has already set a date for a Public Hearing on this issue on Thursday, August 5, 2010 at 6:00 p.m. in the Council Chambers, and that the public would have an opportunity to speak at the Public Hearing. Deborah Bella stated that there was a question whether the quarry was in operation from 2001 until it was sold to Cookeville Limestone in 2005. COOKEVILLE PLANNING COMMISSION 5 JULY 26, 2010 James Mills replied by stating at the quarry had been classified as a legal nonconforming use by the Building Official Jeff Littrell in 2004. John Bella stated that the quarry had to get permits from the State and but who regulates the permits. Brenda York stated that there was no rezoning sign posted on the CL site located at 1805 East Spring Street. Bernice Bradley, property owner at 1806 East Spring Street, stated that the intersection where the proposed road was coming out was a very dangerous intersection now and adding additional traffic to make it more hazardous. Mrs. Bradley wanted more information on the proposed road. James Mills replied that new street construction has to be approved by the Planning Commission, City Council, Public Works Department and State of Tennessee. A traffic study will be required. Mrs. David Judd, property owner on North Salem Road, stated that Sam Sallee came to her house and told her that Cookeville Limestone would be no larger than it was at the time of annexation. It is now twice the size that it was in 2001. Cookeville Limestone doesn’t care about the people, they are only thinking about their pockets. James Mills replied that by State Law they can only expand on the property that was part of the quarry when it was annexed. They are prohibited to expand the non-conforming use by purchasing additional property. Brian Paddock challenged Mr. Mills by stating that the Cookeville Zoning Code says that the non- conforming use cannot be any larger than the area of land or activity of original use. Mr. Paddock added that the quarry has expanded it use which goes against the requirements for non-conforming status. Mr. Mills stated that State Law would take precedent over the Zoning Code. CONSIDER FOR ACTION PRELIMINARY PLAT OF THE COTTAGES OF COOKEVILLE, 49 LOTS LOCATED OFF MCCULLEY ROAD AND SPRINGBORO ROAD. REQUEST SUBMITTED BY R. L. OAKLEY JR. AND TIM HUDDLESTON. Ken Young stated that Mr. Tim Huddleston and R. L. Oakley have submitted for approval a Preliminary Plat of The Cottages of Cookeville, a proposed 49 lot single family residential development of their property situated north of Springboro Road and south of McCulley Road. The property proposed for development is identified on Tax Map 52 as Parcel 49.00 and consists of approximately 15.50 acres. This parcel was recently rezoned from RS-20 to RS- 10 (both single family residential) and all of the adjacent properties are zoned RS-20. COOKEVILLE PLANNING COMMISSION 6 JULY 26, 2010 One new street with the proposed name of “Cottage Way” will connect at Springboro Road in the south and at McCulley Road in the north in order to provide two points of ingress and egress. In addition, the plat depicts a new cul-de-sac with a proposed name of “Cottage Lane” that will serve the lots in the western portion of the property. The new streets are proposed with extruded mountable curbing on both sides and will include storm sewer (no ditches). A reduction of the minimum right-of-way of the new streets from 45 feet to 40 feet as permitted in Article V, Section C of the Subdivision Regulations is depicted on the preliminary plat. A new four (4) foot wide sidewalk is proposed for construction along the front of all the interior lots. The widening of McCulley Road to a minimum pavement surface width of 18 feet from the entrance of the proposed subdivision east to Rockwell Drive is depicted on the plat. Underground electric service is required throughout the subdivision and streets lights will be installed approximately every 200 feet along the new streets. A new six (6) inch waterline is proposed for the development which is currently planned to connect to the existing six (6) inch waterlines located in the right-of-ways of Springboro and McCulley Roads. New hydrants are proposed for the development that will meet the spacing requirements of the regulations. Engineering plans for the installation of the water system must be submitted to and approved by the Water Quality Control Department. An agreement has been approved by the City Council in which the developer will share the cost with the city for the installation of a sewer trunk line from McCulley Road east to an existing pump station on Dry Valley Road. The developer will pay the entire cost for the installation of gravity sewer lines within the proposed subdivision which will connect to the trunk line on McCulley Road. Engineering plans for the installation of the sewer system must be submitted to and approved by the Water Quality Control Department. As shown on the plat, existing structures located on Lot 39 are to be removed as well as a house located partially in the area of Lot 1. No portion of the subject property is located in a Special Flood Hazard Area according to the Flood Insurance Rate Maps for the area. However, a portion of Lot 39 and the area of the intersection of Springboro Road and the proposed new street “Cottage Way” are indicated as being in a sinkhole retention area according to the Sinkhole Floodplain Report prepared by TTU and adopted by the City. The elevation of this area is shown on the plat as 1122 feet and is labeled as an unbuildable area. The plat also shows preliminary storm water retention and detention areas along the western and eastern boundaries of the subject property. The areas along the western property boundary are within a 75 feet wide TVA easement. Staff recommended conditional approval of the preliminary plat subject to the following: • Submittal to and approval by the Water Quality Control Department of water and sewer construction plans complying with all city and state requirements. • Submittal to and approval by the Public Works Department of grading, street construction, storm sewer, drainage, and sidewalk installation plans complying with all city requirements. COOKEVILLE PLANNING COMMISSION 7 JULY 26, 2010 • Completion of a pre-construction meeting with all appropriate city departments prior to initiating the completion of any improvements within the subdivision. • Completion and submittal of any corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Richard Charles, 355 Whitson Chapel Road, stated that the subdivision should meet all of the city codes. Mr. Charles was concerned about the water runoff to the surrounding property owners. James Mills replied that the subdivision has to meet all the city codes including storm water retention regulations. Joe Bertram stated that if the road is reduced from 45’ to 40’ then there would be less area for the children to play. Chris Wakefield made the motion to approve the Preliminary Plat of The Cottages of Cookeville, subject to Staff’s recommendation. Aaron Bernhardt seconded the motion. Votes: Jim Stafne - aye, Dr. Angelo Volpe - nay, Dr. Roy Loutzenheiser - aye, Judy Jennings - aye, Chris Wakefield - aye, Ryan Williams - aye, Aaron Bernhardt - aye, Randy Dalton - aye, and Matt Swallows - aye. Motion carried. CONDITIONAL PRELIMINARY PLAT APPROVAL. Jim Stafne announced that Aaron Bernhardt will be abstaining from any discussion or voting on this item due to a conflict of interest. CONSIDER FOR ACTION FINAL PLAT OF MAGNOLIA ON TENTH, 32 LOTS LOCATED AT 1011 EAST 10TH STREET. REQUEST SUBMITTED BY JERRY GAW. Ken Young stated that Mr. Jerry Gaw has submitted for approval the Final Plat of the Magnolia on Tenth subdivision, which is a 32 lot single family attached (townhouse) development of his property located on East 10th Street between Regions Bank and First Tennessee Bank. The plat was granted preliminary approval at the October 27, 2008 Planning Commission meeting. Preliminary approval was subsequently extended for six months on September 28, 2009 and re-extended for an additional six months on March 22, 2010. The development property is identified on Tax Map 40M, Group B as Parcel 4.00 and consists of approximately 2.49 acres. The parcel is zoned as CL (Local Commercial) which allows condominiums and townhouses as a use permitted on review and approval by the Planning Commission with the submission of a subdivision plat. The rear of the tract and portions of both sides of the tract are adjacent to parcels zoned as single family residential lots that require a Type II buffer screen. On October 27, 2008 the Planning Commission approved Mr. Gaw’s request to change the Type II buffer screen to a Type III buffer screen in order to reduce the width of the buffer yard from twenty (20) feet to ten (10) feet. COOKEVILLE PLANNING COMMISSION 8 JULY 26, 2010 New private water and sewer lines have been installed within the property and have been connected to the existing public water and sewer lines located in the right-of-way of E. 10th Street. The plat depicts a new private street named Magnolia Court that is under construction. This private street is approximately 600 feet in length and terminates in a hammerhead cul-de-sac design. All common areas, new infrastructure improvements, including the new cul-de-sac, are to be privately owned and maintained as stated in the Homeowner Association Agreement (HOA). The HOA is to be submitted to the Planning Department prior to final plat recording. The plat also depicts the dedication of property along the entire frontage of the tract measured 25 feet from the centerline of E. 10th Street. Due to the location of two detention ponds in the common areas adjacent to 10th street the developer is unable to dedicate additional property along this right-of-way. However, as shown on the plat the developer has established an additional ten (10) feet right-of-way easement in this area to offset the reduced property dedication width. The developer has improved the existing sidewalk along the right-of-way of East 10th Street which is depicted on the plat. No sidewalks were required along the new street due to the fact that for development purposes, this is considered a private driveway and parking area serving multi-family dwellings. Public Works has requested that the developer submit a financial guarantee in the amount of $33,200.00 to guarantee the completion of the new private street. This letter of credit includes three (3) inches of base stone, two (2) inches of asphalt binder, one and one half (1.5) inches of asphalt topping, extruded curbing, seeding and any uncompleted drainage and/or detention areas. The developer will be required to also pay the Public Works $125.00 for the installation of a private street name sign and one stop sign. No Warranty of Improvements is required from the developer for this project because of the private nature of the infrastructure improvements. Staff recommended conditional final approval subject to the following: • Submission of the financial guarantee (letter of credit) in the amount of $33,200.00 and payment of $125.00 for the signs as requested by Public Works, • Submission of the Homeowner Association Agreement • Completion and submission of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Barry Reese, 825 Manning Place, stated that when Mr. Gaw asked for his rezoning he said that he was not going to cut down any of the trees and leave them as a buffer between his property and mine. Mr. Gaw has cut down all the trees. Mr. Gaw also said that he was going to build high end townhomes and now he has built apartments. Mr. Reese would have preferred to see trees instead of a retaining wall. Mr. Reece wanted to know who decides between the Type II and Type II buffer? He added that he also had an issue with flooding since this development has started and would like for the City to check on this. James Mills replied that the buffer yard was determined by the Building Official and that the stormwater retention areas are approved by the Public Works Department. COOKEVILLE PLANNING COMMISSION 9 JULY 26, 2010 Dr. Roy Loutzenheiser made the motion to grant conditional Final Plat approval subject to Staff’s recommendation. 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. CONDITIONAL FINAL PLAT APPROVAL. HEAR CONCERNS FROM PROPERTY OWNERS REGARDING SCREENING AND BUFFERING REQUIREMENTS. David Walker property owner of 1040 Fisk Road and 1110 Circle Drive, wanted to share his concerns about the screening and buffering requirements for the new apartment complex that has been built at 1010 E. 10th Street by Chad Gilbert. Mr. Gilbert met with the surrounding property owners after construction started and he promised the owners that he would construct an 8’ fence for his screening and buffering requirement. A few weeks ago, Mr. Gilbert started planning trees and when the property owners confronted him about it, he said that he didn’t remember telling us that. Also the grade has been raised 4’ and this has cause erosion problems for our property. He would appreciate any help from the Commission and the City on these issues. James Mills stated that he looked at site plan that was submitted with the building permit. The original site plan showed that a 8’ fence would be constructed. Then Mr. Gilbert submitted a second site plan that shows a double row of evergreen trees. The grading and drainage issues will need to be directed to the Public Works Department. Dr. Angelo Volpe made the motion to take the following items for study. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING FROM LM (LIGHT MANUFACTURING) TO RS-20 (SINGLE-FAMILY RESIDENTIAL) A PORTION OF PROPERTY LOCATED ON BOYD FARRIS ROAD (TAX MAP 83, PORTION OF PARCEL 57.01). REQUEST SUBMITTED BY EDNA LOIS BOYD HORSLEY. (2) CONSIDER FOR STUDY MAJOR STREET PLAN FOR THE CITY OF COOKEVILLE AND ITS URBAN GROWTH BOUNDARY. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • RESUBDIVISION OF LOTS 2 & 3 OF THE CITY OF COOKEVILLE ARTHUR DRIVE DIVISION – 2 LOTS LOCATED ON COMMERCE AVENUE, SOUTH JEFFERSON AVENUE AND ARTHUR DRIVE – FRED YAZDIAN. • REDIVISION OF LOTS 19-23 OF COLLEGE HEIGHTS #1 – 2 LOTS LOCATED ON BEAM AVENUE – ANDY HAMMOCK. COOKEVILLE PLANNING COMMISSION 10 JULY 26, 2010 (2) COMPREHENSIVE PLAN: • PUBLIC HEARING SCHEDULED FOR MONDAY, AUGUST 23, 2010 @ 5:30 P.M. IN THE CITY COUNCIL CHAMBERS TO ADOPT MAJOR STREET PLAN. • PUBLIC HEARING SCHEDULED FOR THURSDAY, JULY 29, 2010 AT 5:30 PM. IN THE CITY COUNCIL CHAMBERS TO REVIEW THE COMPREHENSIVE PLAN. The Commission thanked the Planning Staff for all of their hard work. ADJOURNMENT: 6:44 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION