Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JUNE 27, 2011 The Cookeville Planning Commission met on Monday, June 27, 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: James Mills, Jayne Barns, Ken Young, and Jim Shipley. OTHERS PRESENT: Matt White, Doyle White, Chance Fox, Chris Vick, Sandra Martin, Matt Davidson, Ellie Medlin, Peggy Michael, Lloyd Franklin, James Herron, JoAnn Herron, Darlene Franklin, Charles Harris, Carolyn Harris and Wanda Armstrong. Jim Stafne reported that Aaron Bernhardt will be abstaining from any discussion or voting on several items due to a conflict of interest. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Jim Woodford seconded the motion. Votes: Jim Stafne-aye Dr. Angelo Volpe-aye, Dr. Roy Loutzenheiser-aye, Judy Jennings- aye, Chris Wakefield-aye, Aaron Bernhardt - abstain, Randy Dalton-aye, David Webb-aye, and Jim Woodford-aye. Motion carried. APPROVED. CONSIDER FOR APPROVAL OF THE AGENDA AS AMENDED TO INCLUDE STUDY ITEM #1: CONSIDER FOR STUDY PRELIMINARY PLAT OF SUGARLEAF TOWNHOMES (SUGARTREE COURTYARD PHASE III), 10 LOTS LOCATED OFF SUGARHILL PLACE. REQUEST SUBMITTED BY AARON BERNHARDT. Dr. Roy Loutzenheiser made the motion to approve the agenda as submitted. Chris Wakefield seconded the motion. Votes: Jim Stafne-aye, Dr. Angelo Volpe-aye, Dr. Roy Loutzenheiser-aye, Judy Jennings-aye, Chris Wakefield-aye, Aaron Bernhardt - abstain, Randy Dalton-aye, David Webb-aye, and Jim Woodford-aye. Motion carried. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MAY 23, 2011. Dr. Angelo Volpe made the motion to approve the minutes of May 23, 2011. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION 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. James Mills stated that the Planning Department has prepared amendments to the Cookeville Subdivision Regulations relative to the use of state plane coordinates on final subdivision COOKEVILLE PLANNING COMMISSION 2 JUNE 27, 2011 plats and regarding limitations on the issuance of building permits in new subdivisions where the completion of the street pavement has been financially guaranteed. A Public Hearing is required prior to the adoption of these amendments. Amendments relative to the use of state plane coordinates on final subdivision plats are proposed primarily to increase the accuracy of the digitization of plats by the Tax Assessors office and to establish a system of elevation points throughout the city. The parcel maps prepared by the Tax Assessors office serve as the base maps for the City of Cookeville’s GIS program. Meetings were held with local surveyors to determine the impact of requiring the use of state plane coordinates. All of the surveyors attending the meeting supported requiring the use of state plane coordinates. The proposed amendments include establishing a definition of a Survey Control Point in Article 1, Section D, establishing specific standards in Article III, Sections A and D, and inserting an illustration in Appendix A. Drafts of these amendments are attached. Final wording of these amendments is dependent upon a pending recommendation from City Surveyor, Mike Netherton, on what level of accuracy should be required. Mr. Netherton will be attending a training session in July and a determination will be made after that. An amendment relative to limitations on the issuance of building permits is necessary due to problems involving the completion and occupancy of multiple homes in subdivisions with streets that have not yet been paved. Subdivisions involving new street construction may be granted final approval with the completion of the asphalt surfacing financially guaranteed. This is typically encouraged to allow the street base to become more compact which provides a more stable street. Once a final plat has been approved and recorded, lots may be sold in the subdivision and building permits then obtained. In most developments a few homes may be under construction before the developer installs the required asphalt surfacing on the subdivision streets. In a recent subdivision of approximately 40 lots, homes were constructed and occupied on a majority of the lots before the street surfacing was installed. This resulted in substantial degradation of the street base and in significant inconveniences for the home owners. The Public Works and Codes Departments have requested that the Subdivision Regulations be amended so that the number of building permits and/or Certificates of Occupancies can be limited to prevent these problems from occurring in the future. The proposed amendment would insert in Article II, Procedure for Plat Approval, Section H, Financial Guarantees in Lieu of Improvements, a subsection 7 to read as follows: 7. In subdivisions where the completion of the street binder surface is financially guaranteed no more than one (1) building permit shall be issued without the approval of the Directors of the Planning and Codes Departments. Staff recommended approval of amendment as proposed relative to the issuance of building permits in subdivisions with financially guaranteed street improvements and approval of amendments to insert requirements for the use of state plane coordinates with the level of accuracy specified in the amendments to be determined by the Planning Department. COOKEVILLE PLANNING COMMISSION 3 JUNE 27, 2011 Chris Wakefield made the motion to approve the amendment as proposed relative to the issuance of building permits in subdivisions with financially guaranteed street improvements and approval of amendments to insert requirements for the use of state plane coordinates with the level of accuracy specified in the amendments to be determined by the Planning Department. Randy Dalton seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 951 SOUTH WALNUT AVENUE FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO CR (REGIONAL COMMERCIAL). REQUEST SUBMITTED BY SANDRA MARTIN. James Mills stated that Ms. Sandra Martin has submitted a request to rezone from RS-10, Single Family Residential to CR, Regional Commercial her property identified as Parcel 18.00 on Tax Map 66 and located at 951 South Walnut Avenue. The property is contiguous with CR zoning to the east and south and with RS-10 zoning to the west and north. It consists of approximately 17,425 square feet or 0.4 acre. The property is depicted as being best suited for lower density residential development in the Future Land Use Plan and is contiguous with an area shown as best suited for regional commercial use. The CR district is intended for medium to large scale commercial operations of a predominantly regional nature. Properties are required to be located on streets of at least Major Collector classification. While the parcel in question is located on a major collector street, its size makes it questionable as to whether it is appropriate for the intended uses in the proposed zone. There are also concerns regarding the piecemeal encroachment of commercial zoning in an established single family residential area. In the opinion of the Planning Department, rezoning of the existing residential properties along South Walnut Avenue in the vicinity of Fairground Street should only be considered in an all-inclusive proposal. Staff recommended denial of the request. Sandra Martin stated that she and her sisters owned the property and they thought that it could be used for a smaller commercial use. Mrs. Michael, 646 Fairground, stated that her property is adjacent to the request, and she was concerned about the impact that it would have on her property. She wanted to know if she would be contacted if there were future rezoning requests in her area. Mr. Mills stated that if additional rezoning requests came up in the area where she lived that she would be notified. Dr. Roy Loutzenheiser made the motion to deny the rezoning request. Judy Jennings seconded the motion and the motion carried unanimously. DENIED. Jim Stafne stated that petitioner has the right to appeal the decision to the City Council by submitting a letter to the Planning Department within 30 days. COOKEVILLE PLANNING COMMISSION 4 JUNE 27, 2011 CONSIDER FOR ACTION 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. James Mills stated that during negotiations with the City Manager for right-of-way for improvements to West 7th Street, the owners of the parcels in the block between North Willow and Laurel Avenues and West 7th and West 8th Streets requested that their properties currently zoned as RD, Single Family and Duplex Residential be rezoned to CL, Local Commercial. The properties and owners are identified as Parcels 19.00 (owned by Belle Butts), 20.00 (Belle Butts and Peggy Fitzpatrick), 22.00 (Belle Butts and Peggy Fitzpatrick), 23.00 (Walter and Peggy Fitzpatrick, Jr.) and 24.00 (Belle Butts and Peggy Fitzpatrick) on Tax Map 40O, Group A. The study area is contiguous with CL zoning to the east and with RD zoning to the north, south and west. Combined the parcels proposed for rezoning consist of approximately 1.3 acres. The properties are depicted as being best suited for mixed density residential development in the Future Land Use Plan and are contiguous with an area shown as best suited for local commercial use. They are also identified in the plan as being located in an area recommended for redevelopment/revitalization. The property owners indicate that an undeveloped alley extending north from West 7th Street along the eastern boundary of Parcel 24.00 has been closed and abandoned by the city and that they possess a deed to it. Apparently the deed has never been recorded. The Planning Department has some concerns about commercial zoning of individual lots along West 7th and West 8th Streets and Laurel Avenue and the potential traffic impact on these minor streets. There are also concerns regarding the encroachment of commercial zoning in a residential area. Prior to 2002, much of the area on the west side of North Willow Avenue west of the properties zoned as CL was zoned for multi-family residentially use. This area was rezoned to its current RD and RS-5 zoning to protect existing moderate density residential development and to encourage additional such development. A primary goal of this rezoning was to promote the availability of affordable housing. It is the understanding of the Planning Department that none of the housing located in the area proposed for rezoning is owner occupied. With very few exceptions, on the west side of North Willow Avenue from Broad Street north to West 9th Street only those properties with frontage on North Willow Avenue are zoned as CL. Ms. Butts is the owner of three (3) additional parcels, Parcels 25.00, 26.00 and 27.00 on Tax Map 40O, Group A, located east of Parcel 24.00 and the aforementioned alley. These parcels are zoned as CL and Parcels 26.00 and 27.00 front North Willow Avenue. The combination of these three (3) parcels with the five (5) parcels proposed for rezoning would allow for a comprehensive redevelopment. This would be contingent on the affirmation that the alley has been closed and abandoned and that the right-of-way is included in the confirmation. If the properties are combined the Planning Commission, through Section 205.9C of the Zoning Code, must approve any access points from the West 7th and West 8th Streets and Laurel Avenue. This authority would help to reduce the traffic impact on the minor streets. COOKEVILLE PLANNING COMMISSION 5 JUNE 27, 2011 Staff recommended approval of rezoning request subject to the combination of Parcels 19.00, 20.00, 22.00, 23.00, 24.00, 25.00 26.00 and 27.00 on Tax Map 40O, Group A and the right-of-way of the alley into one (1) complete parcel with the combination to be completed prior to approval of the rezoning by the City Council. James Mills added that if the property owner’s did not combine the lots into one parcel that he would recommend denial of the request. Aaron Bernhardt made the motion to approve the request subject to the combination of Parcels 19.00, 20.00, 22.00, 23.00, 24.00, 25.00 26.00 and 27.00 on Tax Map 40O, Group A and the right-of-way of the alley into one (1) complete parcel with the combination to be completed prior to approval of the rezoning by the City Council. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF A PORTION OF AN UNDEVELOPED ALLEY RIGHT-OF WAY LOCATED BETWEEN NORTH WHITNEY AVENUE AND ARMSTRONG AVENUE AND DECLARING IT AS SURPLUS. REQUEST SUBMITTED BY CITY MANAGER. James Mills stated that during negotiations with the City Manager for right-of-way for improvements to West 7th Street, the owners of two (2) parcels on West 7th Street, Parcels 5.00 (owned by Wanda Armstrong) and 6.00 (owned by Doyle White) on Tax Map 40O, Group D, requested the closure and abandonment of a portion of an undeveloped alley located north of West 7th Street between North Whitney and Armstrong Avenues. The portion of the alley proposed for closure and abandonment extends east from North Whitney Avenue approximately 198 feet. In addition to the two (2) properties located on the south side of the undeveloped alley, Parcels 3.00 (owned by James Flatt) and 4.00 (owned by Dimple Dial LE) on Tax Map 40O, Group D are contiguous on the north side. The owners of the four (4) parcels have been notified by the Planning Department regarding the proposed closure and abandonment. No comments have been received from the property owners. The procedure for the closure and abandonment of streets or right-of-ways is specified in Title 16, Chapter 4 of the Cookeville Municipal Code. The conveyance of other property acceptable to the city may be made in lieu of purchasing the right-of-way. In this case the owners of Parcels 5.00 and 6.00 would be conveying portions of their properties for improvements to West 7th Street in exchange for the contiguous undeveloped alley right- of-way. The applicable city departments have reviewed the closure and abandonment request. No public utilities are located within the right-of-way and no opposition to the request was indicated. Staff recommended approval of closure and abandonment and declaration as surplus property with conveyance to adjoining property owners in compliance with the Municipal Code. COOKEVILLE PLANNING COMMISSION 6 JUNE 27, 2011 Dr. Angelo Volpe made the motion to approve closure and abandonment and declare as surplus property with conveyance to adjoining property owners in compliance with the Municipal Code. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION FINAL PLAT OF RICHLAND MANSFIELD VILLAGE, 20 LOTS LOCATED ON WEST 12TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT. James Mills stated that Mr. Aaron Bernhardt has submitted for approval the Final Plat of the Richland Mansfield subdivision, which is a 20 lot single family attached (townhouse) development of his property located on West 12th Street. The site previously contained a non-conforming mobile home park. On April 26, 2010 the Planning Commission granted Mr. Bernhardt a density bonus of 20 percent to redevelop the site to a conforming use as per Section 201.8K of the Zoning Code. This bonus allowed the developer to increase the number of units permitted on the site from 16 dwelling units to 20. The plat was granted preliminary approval by the Planning Commission on November 22, 2010. The development property is identified on Tax Map 40I, Group G, as Parcels 6.00 and 6.01 and consists of approximately 1.86 acres. The parcels were combined by the Mansfield Village plat into one tract on August 6, 2010. The parcel is zoned as RM-8 (Multi-family residential) 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 tract is surrounded by properties that are also zoned as RM-8 and subsequently no buffer screen is required along the site perimeter. New utility lines have been installed that connect to the existing eight-inch water line and eight-inch sewer line located in the right-of-way of West 12th Street. The Water Quality Control Department reports that the plat must depict the public water valves and meters which are located near the site entrance as well as the manhole near West 12th Street. Public Works states that the drainage and retention facilities on the site must be completed prior to final signatures. No additional property dedication for right-of-way purposes is required because West 12th Street is a state route. The existing sidewalk along the entire right-of-way of West 12th Street is depicted on the plat. No additional sidewalks are required on the site due to the fact that for development purposes, this is considered a private driveway and parking area serving multi-family dwellings. All common areas and new infrastructure improvements, including the new utility lines, are to be privately owned and maintained as stated in the Homeowner Association Agreement (HOA) which is to be submitted to the Planning Department prior to final plat recording. No Warranty of Improvements will be required from the developer for this project because of the private nature of the infrastructure improvements. Staff recommended conditional approval of the final plat subject to the following:  Submission of the Homeowner Association Agreement to the Planning Department  Completion of the drainage and retention improvements on the site with approval of the Department of Public Works  Completion of street binder and final surfacing and approval of the Public Works Department COOKEVILLE PLANNING COMMISSION 7 JUNE 27, 2011  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Jim Woodford made the motion to grant conditional approval subject to staff’s recommendation. Judy Jennings seconded the motion. Votes: Jim Stafne-aye, Dr. Angelo Volpe-aye, Dr. Roy Loutzenheiser-aye, Judy Jennings-aye, Chris Wakefield-aye, Aaron Bernhardt-abstain, Randy Dalton-aye, David Webb-aye, and Jim Woodford-aye. Motion carried. CONDITIONAL FINAL PLAT APPROVAL. CONSIDER FOR ACTION VARIANCE FOR A FLAG LOT AND FINAL PLAT APPROVAL OF MEDLIN DIVISION, 2 LOTS LOCATED ON HOLLADAY ROAD. REQUEST SUBMITTED BY STEVE MEDLIN. James Mills stated that Mr. Jim Helton, on behalf of property owner Steve Medlin, has submitted for approval a Final Plat of the Medlin Division, which is a two lot subdivision located off of Holladay Road. The proposed subdivision would create a flag lot, which is a variance that subsequently must be reviewed and approved by the Planning Commission as per Article X, Section G of the Subdivision Regulations. The development property is identified on Tax Map 65 as Parcel 29.05 and consists of approximately 15.93 total acres. The flag lot created by the subdivision will be approximately 1.761 acres. Mr. Helton has indicated that the purpose of the division is to allow Mr. Medlin’s son to build a house on the property. The remainder of the parent parcel is not required to be surveyed because it is greater than 5 acres. The property is zoned RS-20 (Single Family Residential) as are the properties to the north, south and west of the subject site. The eastern boundary of the tract is bordered by property zoned RS-15. Public sewer is not available at the site so the new lot will have to be evaluated and approved by the TDEC Division of Groundwater Protection for a subsurface waste disposal system. All other utility connections will be made to the existing lines located in the right-of-way of Holladay Road. The access strip for the lot is 25 feet in width for its entire length. The length of the access strip is approximately 1277 feet which is significantly longer than 500feet maximum specified in the regulations. However, due to the specific shape and topography of the parcel, the land enclosed by the flag lot is the only area of the property that is suitable for building purposes. Staff recommended approval of the variance request for a flag lot and conditional approval of the final plat subject to the following:  Approval of the subsurface waste disposal system by the Division of Groundwater Protection  Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Randy Dalton made the motion to grant a variance for a flag lot and variance for the length of the access strip and conditional final approval subject to staff’s recommendation. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED VARIANCE AND GRANTED CONDITIONAL FINAL PLAT APPROVAL. COOKEVILLE PLANNING COMMISSION 8 JUNE 27, 2011 The agenda was amended at the meeting to add Study Item #1. Dr. Angelo Volpe made the motion to take the following item for study. Chris Wakefield seconded the motion. Votes: Jim Stafne-aye, Dr. Angelo Volpe-aye, Dr. Roy Loutzenheiser-aye, Judy Jennings-aye, Chris Wakefield-aye, Aaron Bernhardt - abstain, Randy Dalton-aye, David Webb-aye, and Jim Woodford-aye. Motion carried. STUDY ITEM. (1) CONSIDER FOR STUDY PRELIMINARY PLAT OF SUGARLEAF TOWNHOMES (SUGARTREE COURTYARD PHASE III), 10 LOTS LOCATED OFF SUGARHILL PLACE. REQUEST SUBMITTED BY AARON BERNHARDT. STAFF REPORTS: (1) MINOR PLAT APPROVALS:  B.W. COVINGTON FARM SUBDIVISION - REDIVISION OF LOTS 14-24, BLOCK A – 2 LOTS LOCATED ON SOUTH WHITSON AVENUE - ELIZABETH FOURNET.  CITY OF COOKEVILLE PUTNAM COUNTY LYNCH LLC DIVISION - 3 LOTS ON BENNETT ROAD - CITY OF COOKEVILLE. ADJOURNMENT: 6:08 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION