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Planning Commission

Regular Meeting

Cookeville, TN · February 28, 2011

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Minutes

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 28, 2011 The Cookeville Planning Commission met on Monday, February 28, 2011 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, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, Ken Young, and Greg Brown. OTHERS PRESENT: Sam Brown. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 24, 2011. Randy Dalton made the motion to approve the minutes of January 24, 2011. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING TAX MAP 83-108.03 LOCATED WEST OF 1801 SOUTH JEFFERSON AVENUE FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY GREG BROWN. James Mills stated that Mr. Greg Brown, Director of the Public Works Department, on behalf of property owner Sam Brown of Hix Brothers Tractor, has submitted a request to rezone from RS-20, Single Family Residential to CG, General Commercial property located on West Cemetery Road and identified as Parcel 108.03 on Tax Map 83. The property proposed for rezoning is contiguous with RS-20 zoning to the north, south, and west and CG zoning to the east. It is also contiguous with the new Prescott South K-8 School to the west. The subject property consists of approximately 1.178 acres and is undeveloped. The property was acquired by Hix Brothers Tractor from the Putnam County Board of Education in an exchange of land necessary for the extension of West Cemetery Road to South Jefferson Avenue. Hix Brothers Tractor requested that the acquired property be zoned commercially as a condition for the exchange. The Future Land Use Plan from the Cookeville 2030 Plan identifies the property as being best suited for public/semi-public/institutional development. Staff recommended approval of the rezoning request. Dr. Roy Loutzenheiser stated that if you look at the zoning map it would seem better to extend the line south to the next property to prevent a big jog in the zoning line. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 28, 2011 Mr. Mills replied that the property south of this parcel belongs to the new Prescott South School. He added that the Board should not assume that Hix Brothers Tractor will be expanding on the adjoining property. If they decide to sell the lot, then any use allowed in the CG could be located there. Jim Stafne was concerned that some uses in the CG would not be appropriate next to the school property. Mr. Stafne asked Greg Brown if he knew if the school was aware of what Hix Brothers was going to do with the property. Greg Brown replied that he did not know. Dr. Roy Loutzenheiser made the motion to approve the rezoning request. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED REZONING TAX MAP 83-108.03 FROM RS20 TO CG. CONSIDER FOR ACTION ZONING CODE AMENDMENTS TO ALLOW BED & BREAKFAST ESTABLISHMENTS IN RS ZONES. REQUEST SUBMITTED BY BOBBY WILLIAMS. Ken Young stated that Mr. Bobby Williams has submitted a written request for the Planning Commission to consider allowing Bed and Breakfast Establishments in single family residential zones. Under current zoning, Bed and Breakfast Homes are allowed as a permitted use only in the CG district. They are allowed as a use permitted on appeal as a special exception by the Board of Zoning Appeals in the RM8, RM14, CBD, CN, CL and UNV districts. The following standards are specified in Section 206.3 of the zoning code.  There shall be no more than five (5) guest rooms and no guest shall stay for more than seven (7) consecutive days.  A current guest register shall be kept by the owner.  The owner or operator must reside on the premises.  Required off street parking shall be located to the rear of the principal structure.  The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.  No food preparation or cooking for guests shall be conducted within any bedroom made available for guests.  No alterations to the residential structure shall indicate from the exterior that the structure is being utilized for any other purpose other than a residential dwelling unit, including permitted accessory buildings.  The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. Under a separate attachment, staff has compiled a summary of the regulations in force regarding the establishment and operation of Bed & Breakfast Homes in ten municipalities in Tennessee for Planning Commission review and comparison purposes. If the Planning Commission determines that Bed and Breakfast establishments should be allowed in single family residential zones, it would be recommended, at a minimum, that the following issues be considered: COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 28, 2011 1) Allow only as a use permitted on appeal to the Board of Zoning Appeals subject to specific conditions including those in Section 206.3 of the Zoning Code 2) Limit the use to only RS-10, RS-15 and RS-20 single family residential zoning districts 3) Limit the number of bedrooms available for paying guests to a maximum of four (4) 4) Limit principal structure size to a minimum of 4,000 square feet 5) Screening to be required at the discretion of the Board of Zoning Appeals for off street parking areas to minimize any detrimental impact to residential properties 6) Any proposed location in a Historic Zoning District requires review and issuance of a Certificate of Appropriateness from the Historic Zoning Commission in addition to the approval of the Board of Zoning Appeals 7) Correct the definition of Bed and Breakfast to read a “permit from the Tennessee Department of Health as prescribed by law” Mr. Mills stated that the Planning Department had not inspected the petitioner’s property to see if it would comply with the proposed provisions. The guidelines would be for the whole City, not just for one location. Jim Stafne stated that he did not feel comfortable allowing Bed and Breakfast establishments in any of our single family residential areas. Dr. Roy Loutzenheiser stated that he liked that some cities only allowed Bed & Breakfast in homes on the National Register. Dr. Angelo Volpe stated that Bobby Williams called him and that he didn’t mind if the Commission needed more time to study this item. Several of the Planning Commission members felt like they needed more time to study this item. Dr. Angelo Volpe made the motion to postpone this item until March 28, 2011 meeting. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. POSTPONED UNTIL MARCH 28, 2011. CONSIDER FOR ACTION 2011 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed the 2011 Annual Report and Program Design. The purpose of this report is to review the activities of 2010 and to outline proposed activities for 2011. Some of the major tasks completed in 2010 included:  Completed and adopted Cookeville 2030 Plan  Completed Random Citizen Survey for Comprehensive Plan input  Completed and adopted Major Street Plan  Adopted Architectural Design Review Requirements  Initiated preparation of amendments to Zoning Code relative to retail package store locations  Approved TTU Sinkhole Floodplain Study  Assisted UCHRA with implementation of Cookeville Area Transit System (CATS) COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 28, 2011  Assisted with completion of 2010 Census  Approved 4 and denied 4 rezoning requests The major work activities proposed for 2011 include:  Complete 2030 Plan Implementation Plan and Schedule  Begin implementation of 2030 Plan  Prepare and consider for adoption revised Zoning Code provisions for Sinkhole Floodplain Areas  Prepare annexation study relative to area where Lee Seminary Road will be extended to South Willow Avenue  Prepare zoning study of area contiguous with Regional Business Park Staff recommended approval of Annual Report and Program Design. Mr. Mills added that Aaron Bernhardt requested that the Commission look at the requirements for PRD (Planned Residential Development) relating to density and that he would recommend adding it to the work activities for 2011. Dr. Roy Loutzenheiser made the motion to approve the Annual Report and Program Design. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED ANNUAL REPORT AND PROGRAM DESIGN. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  PUTNAM 1ST MERCANTILE BANK DIVISION – 2 LOTS LOCATED ON INTERSTATE DRIVE – PUTNAM COUNTY 1ST MERCANTILE BANK.  REVISION OF LOT 8 DOUGLAS ADDITION BLOCK 1 – 2 LOTS LOCATED ON THE CORNER OF DOUGLAS STREET AND SOUTH MAPLE AVENUE – GREG GROTH. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

Agenda

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 28, 2011 The Cookeville Planning Commission met on Monday, February 28, 2011 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, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, Ken Young, and Greg Brown. OTHERS PRESENT: Sam Brown. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 24, 2011. Randy Dalton made the motion to approve the minutes of January 24, 2011. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING TAX MAP 83-108.03 LOCATED WEST OF 1801 SOUTH JEFFERSON AVENUE FROM RS20 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY GREG BROWN. James Mills stated that Mr. Greg Brown, Director of the Public Works Department, on behalf of property owner Sam Brown of Hix Brothers Tractor, has submitted a request to rezone from RS-20, Single Family Residential to CG, General Commercial property located on West Cemetery Road and identified as Parcel 108.03 on Tax Map 83. The property proposed for rezoning is contiguous with RS-20 zoning to the north, south, and west and CG zoning to the east. It is also contiguous with the new Prescott South K-8 School to the west. The subject property consists of approximately 1.178 acres and is undeveloped. The property was acquired by Hix Brothers Tractor from the Putnam County Board of Education in an exchange of land necessary for the extension of West Cemetery Road to South Jefferson Avenue. Hix Brothers Tractor requested that the acquired property be zoned commercially as a condition for the exchange. The Future Land Use Plan from the Cookeville 2030 Plan identifies the property as being best suited for public/semi-public/institutional development. Staff recommended approval of the rezoning request. Dr. Roy Loutzenheiser stated that if you look at the zoning map it would seem better to extend the line south to the next property to prevent a big jog in the zoning line. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 28, 2011 Mr. Mills replied that the property south of this parcel belongs to the new Prescott South School. He added that the Board should not assume that Hix Brothers Tractor will be expanding on the adjoining property. If they decide to sell the lot, then any use allowed in the CG could be located there. Jim Stafne was concerned that some uses in the CG would not be appropriate next to the school property. Mr. Stafne asked Greg Brown if he knew if the school was aware of what Hix Brothers was going to do with the property. Greg Brown replied that he did not know. Dr. Roy Loutzenheiser made the motion to approve the rezoning request. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED REZONING TAX MAP 83-108.03 FROM RS20 TO CG. CONSIDER FOR ACTION ZONING CODE AMENDMENTS TO ALLOW BED & BREAKFAST ESTABLISHMENTS IN RS ZONES. REQUEST SUBMITTED BY BOBBY WILLIAMS. Ken Young stated that Mr. Bobby Williams has submitted a written request for the Planning Commission to consider allowing Bed and Breakfast Establishments in single family residential zones. Under current zoning, Bed and Breakfast Homes are allowed as a permitted use only in the CG district. They are allowed as a use permitted on appeal as a special exception by the Board of Zoning Appeals in the RM8, RM14, CBD, CN, CL and UNV districts. The following standards are specified in Section 206.3 of the zoning code.  There shall be no more than five (5) guest rooms and no guest shall stay for more than seven (7) consecutive days.  A current guest register shall be kept by the owner.  The owner or operator must reside on the premises.  Required off street parking shall be located to the rear of the principal structure.  The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.  No food preparation or cooking for guests shall be conducted within any bedroom made available for guests.  No alterations to the residential structure shall indicate from the exterior that the structure is being utilized for any other purpose other than a residential dwelling unit, including permitted accessory buildings.  The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. Under a separate attachment, staff has compiled a summary of the regulations in force regarding the establishment and operation of Bed & Breakfast Homes in ten municipalities in Tennessee for Planning Commission review and comparison purposes. If the Planning Commission determines that Bed and Breakfast establishments should be allowed in single family residential zones, it would be recommended, at a minimum, that the following issues be considered: COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 28, 2011 1) Allow only as a use permitted on appeal to the Board of Zoning Appeals subject to specific conditions including those in Section 206.3 of the Zoning Code 2) Limit the use to only RS-10, RS-15 and RS-20 single family residential zoning districts 3) Limit the number of bedrooms available for paying guests to a maximum of four (4) 4) Limit principal structure size to a minimum of 4,000 square feet 5) Screening to be required at the discretion of the Board of Zoning Appeals for off street parking areas to minimize any detrimental impact to residential properties 6) Any proposed location in a Historic Zoning District requires review and issuance of a Certificate of Appropriateness from the Historic Zoning Commission in addition to the approval of the Board of Zoning Appeals 7) Correct the definition of Bed and Breakfast to read a “permit from the Tennessee Department of Health as prescribed by law” Mr. Mills stated that the Planning Department had not inspected the petitioner’s property to see if it would comply with the proposed provisions. The guidelines would be for the whole City, not just for one location. Jim Stafne stated that he did not feel comfortable allowing Bed and Breakfast establishments in any of our single family residential areas. Dr. Roy Loutzenheiser stated that he liked that some cities only allowed Bed & Breakfast in homes on the National Register. Dr. Angelo Volpe stated that Bobby Williams called him and that he didn’t mind if the Commission needed more time to study this item. Several of the Planning Commission members felt like they needed more time to study this item. Dr. Angelo Volpe made the motion to postpone this item until March 28, 2011 meeting. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. POSTPONED UNTIL MARCH 28, 2011. CONSIDER FOR ACTION 2011 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed the 2011 Annual Report and Program Design. The purpose of this report is to review the activities of 2010 and to outline proposed activities for 2011. Some of the major tasks completed in 2010 included:  Completed and adopted Cookeville 2030 Plan  Completed Random Citizen Survey for Comprehensive Plan input  Completed and adopted Major Street Plan  Adopted Architectural Design Review Requirements  Initiated preparation of amendments to Zoning Code relative to retail package store locations  Approved TTU Sinkhole Floodplain Study  Assisted UCHRA with implementation of Cookeville Area Transit System (CATS) COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 28, 2011  Assisted with completion of 2010 Census  Approved 4 and denied 4 rezoning requests The major work activities proposed for 2011 include:  Complete 2030 Plan Implementation Plan and Schedule  Begin implementation of 2030 Plan  Prepare and consider for adoption revised Zoning Code provisions for Sinkhole Floodplain Areas  Prepare annexation study relative to area where Lee Seminary Road will be extended to South Willow Avenue  Prepare zoning study of area contiguous with Regional Business Park Staff recommended approval of Annual Report and Program Design. Mr. Mills added that Aaron Bernhardt requested that the Commission look at the requirements for PRD (Planned Residential Development) relating to density and that he would recommend adding it to the work activities for 2011. Dr. Roy Loutzenheiser made the motion to approve the Annual Report and Program Design. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED ANNUAL REPORT AND PROGRAM DESIGN. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  PUTNAM 1ST MERCANTILE BANK DIVISION – 2 LOTS LOCATED ON INTERSTATE DRIVE – PUTNAM COUNTY 1ST MERCANTILE BANK.  REVISION OF LOT 8 DOUGLAS ADDITION BLOCK 1 – 2 LOTS LOCATED ON THE CORNER OF DOUGLAS STREET AND SOUTH MAPLE AVENUE – GREG GROTH. ADJOURNMENT: 5:55 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

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