Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JANUARY 24, 2011 The Cookeville Planning Commission met on Monday, January 24, 2011 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Dr. Roy Loutzenheiser, Dr. Angelo Volpe, Judy Jennings, Chris Wakefield, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Darren Wilson, Laura Gwinn, Peggy Semmes, Connie Albrecht, Joe Albrecht, Willard Gore, Ted Hazelton, Steve Tiebout, Sherri Murchison, Jim Murchison, Michael Wilborn, Delbert Benjamin, Jay Benjamin, James Patton, Denise Cantrell Gribble, and James Gribble. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Dr. Angelo Volpe made the motion to elect Jim Stafne as Chairman and Dr. Roy Loutzenheiser as Vice-Chairman. Randy Dalton seconded the motion and the motion carried unanimously. ELECTED JIM STAFNE AS CHAIRMAN AND DR. ROY LOUTZENHEISER AS VICE- CHAIRMAN. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF NOVEMBER 22, 2010. Jim Woodford made the motion to approve the minutes of November 22, 2010. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. The City Council has requested that the Planning Commission move Study Item #4: Reconsider for study Zoning Code Amendments relative to package store locations to an Action item. RECONSIDER FOR STUDY ZONING CODE AMENDMENTS RELATIVE TO PACKAGE STORE LOCATIONS. REQUEST SUBMITTED BY THE CITY COUNCIL. THE CITY COUNCIL IS REQUESTING THAT THIS ITEM BE MOVED FROM STUDY TO ACTION. MOVING THIS ITEM FROM STUDY TO ACTION REQUIRES THE APPROVAL OF THE PLANNING COMMISSION. Randy Dalton made the motion to move this item from Study to Action. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED MOVING THIS ITEM FROM STUDY TO ACTION. COOKEVILLE PLANNING COMMISSION 2 JANUARY 24, 2011 James Mills stated that the City Council, at its meeting on January 20, 2011, voted that the proposed amendments to the Zoning Code relative to package store locations be resubmitted to the Planning Commission for its review and recommendation. The Council action was based on the concern that when the Planning Commission completed its original review and recommendation in November 2010 it was under the impression that the total number of package stores would be limited to four (4) and the Council is now considering that there be no specific limitation on the number. The action was recommended by the City Attorney, City Manager, and Planning Director since this could be construed as a substantial change requiring that the matter be resubmitted. At the November 2010 meeting the Planning Commission approved the Planning Department’s recommendation that the Zoning Code be amended to allow as permitted uses retail package stores for the sale of alcoholic beverages in the CN, CL, CG, CR, and PCD zoning districts provided they were located on streets of at least Major Collector Status as identified in the Cookeville 2030 Plan and subject to compliance with the applicable provisions of Title 8 of the Cookeville Municipal Code. As noted above this recommendation was based on the assumption that the total number of package stores would be limited to four (4). The Planning Department, after becoming aware that the Council intended to allow the number of package stores to be based on the free market, recommended to the Council that the Planning Commission’s recommendation be modified to remove the CN district. This recommendation was also based on the determination that retail beer sales were not depicted in the Zoning Code as a permitted use in the CN district. The Planning Department’s based its original recommendation on the assumption that if the total number was limited to four (4), then the potential number of properties that might be impacted by a package store would be minimal. The original recommendation to include the CN district was also based the assumption that retail beer sales were permitted in the district. It has since been determined that while retail beer sales are not indicated in the Zoning Code as permitted uses in the CN district a number of businesses zoned as CN do have retail beer. Dr. Roy Loutzenheiser stated that the major arterial roads carry the heaviest amount of traffic and have the largest amount of commercial zones located on those roads. Jim Stafne stated that he was concerned about allowing package stores in the CN (Commercial Neighborhood) zones because that zone was established to protect the single family neighborhoods from intrusion of limited commercial uses and he thought that the CN zones needed to be protected. Dr. Angelo Volpe asked Mr. Mills about the rationale of allowing package stores in the CN zones. James Mills replied that if you look at the properties on 10th Street it is hard to distinguish between the two districts in this area. COOKEVILLE PLANNING COMMISSION 3 JANUARY 24, 2011 Mr. Mills stated that it has been suggested that the map be changed to reduce the area on West Jackson Street in order to protect Cane Creek Elementary School. The map shows West Jackson Street extending from South Willow Avenue to West Broad Street (Highway 70). The suggestion is to allow West Jackson Street from South Willow Avenue to Buffalo Valley Road. Steve Tiebout, minister of The River Community Church, shared his concerns about protecting our children and neighborhoods. He stated that he was from Memphis and in the intercity there was a liquor store on every block. He requested that the Commission consider the needs of the families in our community over those of the business owners. Pastor Tiebout added that there is nothing in the Ordinance that says that the package stores can’t sell only cheap liquor by the box. The zoning needs to be more restrictive. Start out limiting to CG only and away from the neighborhoods and government housing. Those individuals that Larry Self is helping at the Rescue Mission need a hand up, so please stop the zoning before you reach the Rescue Mission. The City of Cookeville does not have to be like Nashville or Memphis. Jim Murchison, resident of Cookeville, stated that the zoning needs to more restrictive. If you don’t allow taverns in CN, then why would you allow liquor stores in CN. The zoning locations should be away from government housing and the Rescue Mission. James Mills replied that even though taverns are not allowed in the CN zone, it does allow restaurants that can sell liquor by the drink. Ted Hazelton stated that the application fee should be increased from $500 to $5,000 to bring in more revenue for the City of Cookeville. Peggy Semmes, property owner off 10th Street, stated that she did not want a package store next door to her home. The City already has individuals who are walking along our streets drunk. Denise Cantrell Gribble, property owner off Clay Avenue, stated that they have several youth from the ages of 4-9 and 17-26 years old that visit their home and they do not want package stores within walking distance. The zones should be limited and away from residential and the Rescue Mission. James Hack works with recovering alcoholics, and he urged the Commission to keep the impact of package stores away from the children and neighborhoods of our community. Dr. Angelo Volpe asked what was the negative to leaving out the CN zones? James Mills responded that there would be less locations. Randy Dalton stated that he didn’t like having package stores in the CN zone on 10th Street and he wanted to cut off South Jefferson Avenue at Bunker Hill Road, in order to stay away from the Rescue Mission and the new Prescott School. Randy added that he liked the points about keeping the locations away from the housing projects. COOKEVILLE PLANNING COMMISSION 4 JANUARY 24, 2011 Aaron Bernhardt also shared his support of about leaving out the CN zones and stopping West Jackson Street from Willow Avenue to Buffalo Valley Road. Jim Stafne stated that we need to keep it more restrictive. Dr. Angelo Volpe made the motion to exclude the CN (Commercial Neighborhood) Zones. Dr. Roy Loutzenheiser seconded the motion. Votes: Jim Stafne - aye, Dr. Roy Loutzenheiser - aye, Dr. Angelo Volpe - aye, Judy Jennings - aye, Chris Wakefield, - nay Aaron Bernhardt - aye, Randy Dalton - aye, David Webb - aye, and Jim Woodford - aye. Motion carried. EXCLUDED CN ZONES FROM LOCATIONS FOR PACKAGE STORES. James Mills reviewed the zoning map with the Planning Commission members Dr. Roy Loutzenheiser made the motion to approve restricting the location of package stores only along streets of Major Arterial status in the CL, CG, CBD, CR, and PCD zones, excluding the CN zone, and properties must front the major arterial roads. The locations are as follows: (1) Highway 70N from Highway 111 west to western triangle; (2) West Jackson Street from South Willow Avenue to Buffalo Valley Road; (3) Interstate Drive; (4) Neal Street; (5) East Tenth Street from North Washington Avenue to city limits; (6) South Jefferson Avenue (State Route 136) from Highway 70N south to Bunker Hill Road; (7) South Willow Avenue (State Route 135) from Broad Street south to city limits. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED ZONING CODE AMENDMENTS FOR PACKAGE STORE LOCATIONS. Jim Woodford wanted to add back to the list North Washington Avenue north from the Courthouse Square to 12th Street. Randy Dalton stated that the section of North Washington Avenue to 12th Street was left out to stay away from residents on North Washington Avenue and from Tennessee Tech University. Cookeville still has a small town atmosphere and should not be treated the same as Nashville and Knoxville. James Mills stated that sale of retail beer was prohibited in the CN (Commercial Neighborhood) Zones. It has since been determined that while retail beer sales are not indicated in the Zoning Code as permitted uses in the CN district a number of businesses zoned as CN do have retail beer. Mr. Mills recommended that the Zoning Code also be changed to allow sale of retail beer in the CN zone. Dr. Roy Loutzenheiser made the motion to amend the zoning code to allow retail beer sales in the CN (Commercial Neighborhood) zones. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED AMENDMENT TO ALLOW RETAIL BEER SALES IN CN ZONES. Steve Tiebout wanted to thank the Planning Commission for considering families and listening to the cares and concerns of residents about our community. COOKEVILLE PLANNING COMMISSION 5 JANUARY 24, 2011 Dr. Roy Loutzenheiser made the motion to take the following items for study. Chris Wakefield seconded the motion and the motion carried unanimously. Dr. Angelo Volpe had to leave early and was absent during the voting. STUDY ITEMS. (1) CONSIDER FOR STUDY 2011 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY REZONING A PORTION OF TAX MAP 83-108.2 LOCATED OFF SOUTH JEFFERSON AVENUE FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY GREG BROWN. (3) CONSIDER FOR STUDY ZONING CODE AMENDMENTS TO ALLOW BED & BREAKFAST ESTABLISHMENTS IN RS ZONES. REQUEST SUBMITTED BY BOBBY WILLIAMS. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  PALKWAY DRIVE R.O.W. DIVISION – 2 LOTS LOCATED ON SOUTH JEFFERSON AVENUE – CITY OF COOKEVILLE. ADJOURNMENT: 6:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION