Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 25, 2011 The Cookeville Planning Commission met on Monday, April 25, 2011 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, Aaron Bernhardt, Randy Dalton, and David Webb. MEMBERS ABSENT: Dr. Angelo Volpe, and Jim Woodford. STAFF MEMBERS PRESENT: Jim Shipley, James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: C.J. & Jackie Storie, Claudia Preston, Ruth Osborn, Anna Ruth Burroughs, David & Beth Walker, Wheeler & Lola Boles, Danny Brooks, Gina Hooper and Chris Weber. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Roy Loutzenheiser made the motion to approve the agenda as submitted. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MARCH 28, 2011. Dr. Roy Loutzenheiser made the motion to approve the minutes of March 28, 2011. Judy Jennings seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 1068 EAST TENTH STREET (TAX MAP NUMBERS 53L-K-13.01, 13.02, AND 13.03) FROM CN (NEIGHBORHOOD COMMERCIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY MONTGOMERY TURNER SR. ON BEHALF OF TENTH AVENUE PARTNERS, LLC. James Mills stated that Mr. Montgomery Turner, on behalf of Tenth Avenue Partners, LLC, has submitted a request to rezone from CN, Neighborhood Commercial to CL, Local Commercial property located at the northwest intersection of East 10 Street and Fisk Road. The properties are identified as Parcels 13.01, 13.02 and 13.03 on Tax Map 50L, Group K. Parcels 13.01 and 13.03 are currently undeveloped while a strip commercial center is located on Parcel 13.02. The properties proposed for rezoning are contiguous with RM-14, Multi-Family Residential and CN zoning to the east, RS-10, Single Family Residential zoning to the north, CL and CN zoning to the south, and CL zoning to the west. The subject properties consist of approximately 3.9 acres. Prior to December 2007 the properties were zoned as CL. They were included in a comprehensive rezoning of several properties to CN along East 10th Street and North Washington Avenue in 2007. Mr. Turner expressed his opposition to the rezoning in 2007 primarily on the basis that he intended to locate a restaurant with a drive-through window on the properties. Mr. Turner has now indicated that he desires the rezoning for the COOKEVILLE PLANNING COMMISSION 2 APRIL 25, 2011 purpose of locating a retail package store on the property. Retail package stores are not permitted in the CN district. The Future Land Use Plan from the Cookeville 2030 Plan identifies the property as being best suited for mixed use commercial-residential use. This land use classification is defined in the Plan as commercial and private services of a neighborhood or community scale and as single family, two-family, and multi-family development at a density of between 4 and 8 dwellings per acre. The CN district is the most appropriate zone for this classification. A significant amount of study was completed prior to the 2007 rezoning of the subject properties to CN. Several reasons were identified why CN zoning would be beneficial to the immediate area and the city as a whole. The Planning Department is unaware of any major changes in the area since 2007 that would support rezoning to CL. Additionally, the recent determination of the overlay zoning for retail package store locations involved months of study. The Planning Department is unaware of any justification for expanding the locations for retail package stores less than two (2) months after the locations were established. Staff recommended denial of the rezoning request. Mr. Turner was not present at the meeting. David Walker, property owner at 1040 Fisk Road, stated that they had a petition to be submitted with 63 signatures of property owners who strongly opposed the rezoning from CN to CL at 1068 East 10th Street. Mr. Walker added that a lot of the residents are elderly and could not be in attendance. There are several uses allowed in the CL zone like liquor package stores, tattoo parlors, etc. that would not be appropriate next to residential areas. There neighborhood already has a lot of foot traffic and they find beer bottles all over their streets and yards. Mr. Walker is also opposed to the rezoning request. Claudia Preston, property owner at 1023 Circle Drive, stated that she was also opposed to the rezoning request. Dr. Roy Loutzenheiser made the motion to deny the request to rezone 1068 E. 10th Street from CN (Neighborhood Commercial) to CL (Local Commercial). Aaron Bernhardt seconded the motion and the motion carried unanimously. DENIED. Judy Jennings made the motion to take the following items for study. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING NW CORNER OF FOREMAN DRIVE AND BILL SMITH ROAD (TAX MAP NUMBER 65, PORTION OF PARCEL 57.02) FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY LLOYD & GAIL HARRIS. COOKEVILLE PLANNING COMMISSION 3 APRIL 25, 2011 (2) CONSIDER FOR STUDY REZONING PROPERTIES ON SOUTH JEFFERSON AVENUE, COMMERCE AVENUE, AND ARTHUR DRIVE (TAX MAP NUMBERS 66C-A-35.00, 35.03, 35.06, 35.09, 35.10, PORTION OF 1.01) FROM C-I (COMMERCIAL INDUSTRIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY STAFF. Chris Wakefield made the motion to take the following item for study and to set a date for a Public Hearing for June 27, 2011. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. PUBLIC HEARING SCHEDULED FOR STUDY ITEM FOR JUNE 27, 2011. (3) CONSIDER FOR STUDY AMENDMENTS TO SUBDIVISION REGULATIONS RELATIVE TO ESTABLISHING REQUIREMENTS FOR STATE PLANE COORDINATES FOR FINAL SUBDIVISION PLATS AND LIMITATIONS ON ISSUANCE OF BUILDING PERMITS IN SUBDIVISIONS WHERE IMPROVEMENTS HAVE BEEN FINANCIALLY GUARANTEED. REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  REDIVISION FOR THE LESLIE HARGIS SUBDIVISION – 2 LOTS LOCATED ON ELLIS AVENUE – MELITA MCKELVEY.  JAMES RALPH SMITH DIVISION – 3 LOTS LOCATED ON POLLY DRIVE AND WEST STEVENS STREET – PHIL SMITH. (2) REPORT ON QUAIL HOLLOW. James Mills reported that the Quail Hollow Subdivision Letter of Credit expires on May 21, 2011. The Planning Department talked to Ed Butler and he stated that the work will be completed prior to May 21, 2011 and that he did not want to request an extension for Final Plat approval. Mr. Butler has been notified that the Letter of Credit will be cashed on Friday, May 20, 2011 if the work is not completed. The letter of credit for the amount of $59,250.00 covers base stone, asphalt binder, curbing, seeding and contingencies. (3) CITIZEN REQUEST. Anna Ruth Burroughs, a Putnam County Commissioner and resident of Iris Avenue, wanted to bring to the Commission’s attention a situation in their neighborhood where her neighbors needs help from the City. As you know earlier this month, a 50-pound rock fell thru the ceiling of the home of Doug and Sara Hudgens, who lives on Skyline Drive. The damage was done due to blasting by the rock quarry. Doug and Sara Hudgens still do not have electricity and they need the City’s help. Mrs. Burroughs wanted to know if anyone had been up there to look at the damage and to give them any support. Mrs. Burroughs stated that she fears that this will not be the last time that this will happen. She would like to get the Planning Commission and City Council to get together to find a way to stop this type of damage from their neighborhood. COOKEVILLE PLANNING COMMISSION 4 APRIL 25, 2011 ADJOURNMENT: 5:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION