Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MAY 23, 2011 The Cookeville Planning Commission met on Monday, May 23, 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, Aaron Bernhardt, Randy Dalton, David Webb, and Jim Woodford. MEMBERS ABSENT: Chris Wakefield. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, and Jim Shipley. OTHERS PRESENT: Robert Archer, Rose Huffer, Jim Viar, Carrie & Mike Gordzelik, Gail & Lloyd Harris. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Roy Loutzenheiser 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 APRIL 25, 2011. Randy Dalton made the motion to approve the minutes of April 25, 2011. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION 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. James Mills stated that Lloyd and Gail Harris have submitted a request to rezone from RS-10, Single Family Residential to CG, General Commercial property located at the northwest intersection of Foreman Drive and Bill Smith Road. The property is identified as a portion of Parcel 57.02 on Tax Map 65. According to a submitted survey the entire parcel consists of 1.407 acres. The eastern portion of the property proposed for rezoning consists of 0.505 acres and the remaining western portion that would remain zoned as RS-10 consists of 0.902 acres. Requests to rezone the entire parcel to CG were denied by the Planning Commission in August of 2008 and again in January of 2010. The property is contiguous with the Bill Smith Subdivision and RS-10 zoning to the west, with CG zoning to the north and east, and with CI, Commercial-Industrial Mixed Use zoning to the south. The western portion of the subject property was originally platted as Lot No. 1 of the Bill Smith Subdivision. Property owners in the Bill Smith Subdivision previously provided information that the portion of the subject property identified as Lot No. 1 of the Bill Smith Subdivision is subject to deed restrictions that restrict it to residential use. The remaining 0.5 acre of the property was a remnant from the realignment of Bill Smith Road and Foreman Drive that was at some point combined with COOKEVILLE PLANNING COMMISSION 2 MAY 23, 2011 the lot from the Bill Smith Subdivision. There is a significant elevation difference in the property with most of the western section at a higher elevation than the eastern section. The 2010 Future Land Use Plan indicates that the property is best suited for mixed density residential use; however, it is contiguous with areas depicted as suitable for general commercial and commercial-industrial mixed use. Bill Smith Road and Foreman Drive are classified in the Comprehensive Plan as Major Collector Streets. The property has adequate access to public utilities. A submitted site plan depicts the potential development of the property. While the portion of the property proposed for rezoning is significantly affected by setbacks the site plan indicates that an adequate buildable area would be available. The petitioner has also submitted a preliminary sketch depicting the potential subdivision of the portion of the property remaining as RS-10. In the opinion of the Planning Department the portion of the subject property proposed for rezoning is not desirable for single family development. Approval of the requested rezoning would allow the property owner a reasonable use of the property while maintaining a significant buffer between the established residential areas to the northeast. Staff recommended approval of rezoning request. Dr. Roy Loutzenheiser stated that he was on the Planning Commission when this request came before the Board the last two times. Each time the request included Lot 1 of the Bill Smith Subdivision which had a deed restriction for residential use only. The corner section of the lot being considered for rezoning is not a part of the original subdivision. Robert Archer, property owner on Bill Smith Road, stated that the area has always been residential and that he would like for the Board to keep the area next to the Bill Smith Subdivision residential. James Mills stated that a buffer yard between the residential area and commercial area will be required when they apply for a Building Permit. The minimum buffer yard is 20’ but can be reduced with the approval of the Building Official. Aaron Bernhardt made the motion to approve rezoning only the portion of the NW corner of Foreman Drive and Bill Smith Road (Tax Map 65, Portion of Parcel 57.02) that is not included in the Bill Smith Subdivision. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED. James Mills announced that the City Council will set a date for a Public Hearing at their June 2, 2011 meeting. The Public Hearing should be scheduled one month later which will be July 7, 2011. Mr. Mills encouraged the residents to check the paper or call the Planning Office to confirm the dates for the Public Hearing. CONSIDER FOR ACTION REZONING PROPERTIES ON SOUTH JEFFERSON AVENUE, COMMERCE AVENUE, AND ARTHUR DRIVE (TAX MAP NUMBERS COOKEVILLE PLANNING COMMISSION 3 MAY 23, 2011 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. James Mills stated that the Planning Department has completed a study on the potential rezoning of five (parcels) in their entirety and the portion of one (1) other parcel located on South Jefferson and Commerce Avenues and Arthur Drive from CI, Commercial Industrial Mixed Use to CG, General Commercial. The parcels are identified as Parcels 35.00 (owned by Garry McNabb), 35.03 (owned by Shy Properties), 35.06 (owned by Adams Properties, GP), 35.09 (owned by the City of Cookeville), 35.10 (owned by Elkins Properties, LLC) and a portion of Parcel 1.01 (owned by Raymond Abel) on Tax Map 66C, Group A. The study area is contiguous with GG zoning to the west, PCD and RS-15 zoning to the north, RS-15 zoning to the east, and CG and CI zoning to the south. It is located between the K-Mart Shopping Center to the north and the Wal-Mart Shopping Center to the south. Combined the parcels and the contiguous street right-of-ways proposed for rezoning consists of approximately 26.5 acres. The rezoning study was initiated by the Planning Department primarily due to the two (2) factors: (1) the zoning of Parcel 1.01 is currently split, and (2) the development or redevelopment that has occurred in the area is more suitable for the CG district. When this area was originally zoned as CI the primary uses were Red Cap, Adams USA, and the Cookeville Public Works Department garage. The old Cookeville sewerage treatment plant was also located in the area east of Red Cap. In the past few years the sewerage treatment plant has been removed and the Red Cap building has been converted to an office building of the UCHRA. New uses in the area include a strip commercial development west of Adams USA and the Electronic Express building. Additionally, a new commercial strip center is under construction adjacent to the west of the UCHRA building. All of these new or converted uses would be more appropriately zoned as CG. Rezoning the remaining undeveloped properties would also provide better compatibility with the existing uses and would potentially result in uses that have less impact on the contiguous residential area to the east. The Adams USA and Public Works Department properties were not included in the rezoning proposal because these uses are more appropriate for CI zoning. The Planning Department has notified the owners of the properties included in the proposed rezoning. Mr. Garry McNabb, owner of the old Red Cap property (Parcel 35.00) and one of the owners of the largest undeveloped parcel (Parcel 35.10) met with the Planning Department earlier this month. Mr. McNabb stated that he was not opposed to the rezoning of Parcel 35.00; however, he was concerned about the impact of the rezoning on Parcel 35.10 and his plans for the development the property. He indicated that the UCHRA was interested in constructing a warehouse east of their structure and that he was considering constructing a mini-storage warehouse on the portion of the property located on the south side of Commerce Avenue. While the warehouse facility for the UCHRA would be permitted in the CG district, the proposed mini-storage used would require the approval of the Board of Zoning Appeals if the rezoning is approved. Mr. McNabb also submitted a letter to the Planning Department today regarding his concerns that have already been discussed. The owner of the remaining undeveloped parcel (Parcel 35.06 COOKEVILLE PLANNING COMMISSION 4 MAY 23, 2011 owned by Adams Properties GP) has not contacted the Planning Department. Exclusion of the undeveloped properties (Parcels 35.06 and 35.10) reduces the land area for rezoning to approximately 15.5 acres. Staff recommended approval of rezoning of study area from CI to CG (Tax Map 66C, Group A, Parcels 35.00, 35.03, 35.06, 35.09, 35.10 and a portion of Parcel 1.01). Garry McNabb spoke in opposition to his extra lot located on Commerce Avenue being rezoned from CI to CG. James Mills reiterated that all of the proposed uses that Mr. McNabb stated that he was considering would be allowed or allowed on appeal to the Board of Zoning Appeals in the CG zone. Dr. Roy Loutzenheiser stated the Commission has to look to the future when planning and rezoning the additional vacant property adjacent to the RS15 (Single Family Residential) to CG would be a better transition to the adjoining residential properties. Jim Stafne also stated that the Commission tries to protect the single family neighborhoods as much as possible and rezoning to CG would be a better buffer than CI. Jim Woodford agreed with fellow board members. Jim Viar, property owner in the RS15 zone, stated that it sounded like the CG would be better for the adjacent residential neighborhood. Dr. Roy Loutzenheiser made the motion to approve rezoning properties on South Jefferson, 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 CI (Commercial Industrial Mixed Use) to CG (General Commercial). Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. James Mills announced that the City Council will set a date for a Public Hearing at their June 2, 2011 meeting. The Public Hearing should be scheduled one month later which will be July 7, 2011. Mr. Mills encouraged the residents and property owners to check the paper or call the Planning Office to confirm the dates for the Public Hearing. 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 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 COOKEVILLE PLANNING COMMISSION 5 MAY 23, 2011 SUBMITTED BY STAFF. PUBLIC HEARING SCHEDULED FOR JUNE 27, 2011. (2) CONSIDER FOR STUDY REZONING 951 SOUTH WALNUT AVENUE FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO CR (REGIONAL COMMERCIAL). REQUEST SUBMITTED BY SANDRA MARTIN. (3) CONSIDER FOR STUDY REZONING FROM RD (SINGLE FAMILY & DUPLEX RESIDENTIAL) TO CL (LOCAL COMMERCIAL) PROPERTIES LOCATED ON WEST 7TH STREET, WEST 8TH STREET AND LAUREL AVENUE (TAX MAP NUMBERS 40O-A-19.00, 20.00, 22.00, 23.00, AND 24.00). REQUEST SUBMITTED BY CITY MANAGER. (4) CONSIDER FOR STUDY CLOSURE AND ABANDONMENT OF AN UNDEVELOPED ALLEY RIGHT-OF-WAY LOCATED BETWEEN NORTH WHITNEY AVENUE AND ARMSTRONG AVENUE AND DECLARING AS SURPLUS. REQUEST SUBMITTED BY CITY MANAGER. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  DEALMAKERS-WILLOW AVENUE – 3 LOTS LOCATED ON SOUTH WILLOW AVENUE – LARRY BURGESS.  MADDUX, BROWN & SHOWALTER DIVISION – 2 LOTS LOCATED ON SOUTH MAPLE AVENUE – BARBARA SHOWALTER.  T. J. GREGORY SUBDIVISION, REDIVISION OF A PORTION OF LOTS 7-10, BLOCK 3 – 2 LOTS LOCATED ON WEST BROAD STREET AND CC CAMP ROAD – GREG HARRIS. (2) ANNOUNCEMENTS: James Mills announced that everyone was invited to the groundbreaking of the Highlands Business Park on Tuesday, May 24, 2011 at 9:30 a.m. at the Park’s future site located off Lee Seminary Road in Cookeville. ADJOURNMENT: 6:10 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION