Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MARCIT 25,2013 Monday, March 25'2013 at 5:30 p'm'' in the The cookeville Planning commission met on CouncilChambers,45E.BroadStreet,Cookeville'Tennessee' MEMBERSPRESENT:Jimstafne,Dr.Roy-Loutzenheiser',JudyJennings'chris Woo-dford, and Kay Starkweather' Wakefield, Randy nJion, David Webb, Jim MEMBERS ABSENT: Dr' Angelo VolPe' JAYNE BArNS' ANd KEN YOUNg' STAFF MEMBERS PRESENT: JAMCS MilIS, STAFF MEMBERS ABSENT: Jim ShiPleY' Ronnie Gaw', Aaron Bernhardt' Philip OTHERS PRESENT: Jim cobb, Jack Butler, Olanu*, LauraMilitana, Skip Bartlett, and Sam Tays' AS SUBMITTED' RANdY DAITON CONSIDER FOR APPROVAL THE AGENDA made the motion to approve the agenda as submitted' Chris Wakefield seconded the motion and the motion canied unanimously. APPROVED' OF' FEBRUARY 25' 2OI3' JiM CONSIDER F'OR APPROVAL THE MINUTES minutes of February 25' 2013' Kay Woodford made the motion to upptou. tft" carried unanimously' APPROYED' Starkweathrr r""ood"d the motio" *aift. -otion CONSIDER FOR ACTION AMENDMENTS TO THE ZONING CODE RELATING SUBMITTED BY STAFF' TO BUS SHELTERS AND BUS STOPS. REQUEST MEETING' JAMES MiIIS THIS ITEM WAS POSTPONED AT LAST TVTONTTT'S p,"pu'ed. an amendment to the Zoning Code stated that the Planning Department-hu, of this item was postponed at the relative to the rocation of bus shelters. consideration FebruaryPlanningco--i''ionmeetingtoallowforfurtherstudy. The location of bus shelters is regulated by Seclion 204.88of the ZoningCode' Currently and multi-family developments of ten these uses .u' orrlf i;;;i*;tsii"ntiai#divisions (10) or more dweliing units providedinft; ttot i*puit visibility or create.lafety hazards' These restrictions were most rikery int"na"a to address sherters for children utilizing buses and do not address shelters for public transit' school operates the cookeville Area The upper cumberland Human Resource Agency "p"uii"(ucHRA)along designated bus routes transit Transit system (CATS) whieh provides throughout the city. The UCHRA t;;*,ly iontacted the Planning Department regarding points in the city along the GATS route' the possibility of iocating bus shelters at various by the UCHRA' indicating a A proposed design for the shelters has been submiued footprint of approxim ately 70 square f."i (t"""" (7) feet wid! x ten (10) long)' Under the COOKEVILLE PLANNING COMMISSION 2 MARCH 25,2013 cuffent provisions of the Zoning Code, shelters cannot be located along major portions of the CATS route including along Willow and Jefferson Avenues. The enclosed amendment prepared by the Planning Department would allow shelters within building front setback areas in all zoning districts subject to the submittal and approval of a site plan by the Director of the Public Works Department, provided the following conditions are met: 1. Shall not impair visibility or create safety hazards at any street intersection or at any driveway intersection with a street, 2. Shall not be located within any street right-of-way without the written approval of the City of Cookeville, 3. Sd11 be located a minimum of 15 feet from the edge of the street if opaque walls are provided with the shelter, 4. Shall not contain signage or advertising of any kind except identification of the bus company and aposting of relevant schedule and service information, 5. Shall be connected to the public sidewalk system, 6. Shall be located behind ihe sidewalk with no portion of the shelter encroaching the sidewalk, 7. Shall be located on a concrete or other hard surface approved by the Director of the Public Works Department, 8. Shall comply with all ADA accessibility requirements, 9. Shall have the written approval of the contiguous land owner, and 10. Shall be maintained by the operator of the busitransit system. Staff recommended approval of the amendment. Dr. Roy Loutzenheiser made the motion to approve the amendments to the Zoning Code relating to bus shelters and bus stops. Chris Wakefield seconded the motion and the motion carrieJunanimously. APPROVED AMENDMENTS TO THE ZONING CODE' CONSIDER FOR ACTION REZONING 225 KENWAY STREET FROM RS1O (SINGLE X'AMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY RONALD & RONDA GAW. James MillS StAtEd thAt MS. RhONdA Gaw and Mr. Ronald Gaw have submitted a request to rezone a portion of their property located at 225 Kenway Street from RS-10, Single Family Residential to CL, Local Commercial. The subject property is identified as a portion of Parcel 2.00 on Tax Map 27O, Group A and consistr if upprb"imately 1.26 acrei. It has frontage on both Kenway Street and North Dixie Avenue. It is contiguous with properties zoned as RS-10 to the east, CL to the north, -Reiidential and as RD, Single Duplex to the south and west. Multi-family "rd developments are- located on properties adjacent to the north and south and a ,ron"onfor-ing construction company is located on adjacent properties to the east.  3 COOKEVILLE PLANNING COMMISSION MARCH 25,2013 Map 27O, Group A in February of The property was combined with Parcel 3.00 on Tax split with the portion which was this year. The zoning on the combined parcel is currently previously parcel 3.-50, consisting of afproximately 0.5i u""t, zoned as RS-10' and the approximately 0'75 acres' zoned as portion which was previously Parcel Z.OO, "ontisting of is a vacant commercial CL. Located or,t" portion which was previously earcel 2'00 commercial structure also structure which previously housed u ptoi"." facitity'4fhe was previously Parcel 3'00 and the encroached slightly on a portion of the'property which remainder is vacant. to remove the vacant In the petition for rezoning the Gaws indicate that they intendMulti-family residential commercial structure and constru"t u -ttti-iamily development' requirement- of 3'000 square is a permitted use in the cL district with a minimum density ten (10) units on the feet per dwelling unit. The Gaws could construct approximately portion of the pl"op,l.ty currently zoned aS CL and would be able to construct proposed for rezoning is rezoned as approximately 18 units irthe portion of the property be required where the cL. A Type 2 Screen and Buffer yard, 20 reet in *iaitt, would as RS-10' subject pioperty is contiguous with property zoned Staff recommended approval of the request' Kenway Street from RS10 (Single Randy Dalton made the motion to approve tezoning225 wo,odford seconded the motion and Family Residential) to cL (Local commercial). J-im the motion carried unanimouslY' FROM RS1O TO CL. REQUEST TO HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION 215 WEST 7TH STREET DECLARE CITY OWNED PROPERTY LOCATED AT BY JIM COBB ON BEHALF AS SURPLUS PROPERTY. REQUEST SUBMITTED stated that Mr' Jim Cobb' Interim OF TENNESSEE TECH UNMRSliy. lames Mills has submitted a request for Director of Projects, on behalf of Tennessee Tech universitv' the declaration as surplus property city owned property locatei at2l5 West 7th Street' as Parcel 9'00 on Tax Map 40o' The property proposed for surplus declaration is identified Group D and ,orrrirr, of approximat"iy +,f OO-tquare feet. It was acquired by the city in 200lin anticipation of improvements to West 7"' Street. According to the request submitted by Mr. Cobb, the city's property is located in an area plan as Area oni of the campus Acquisition identified in the university,s 2010 Master in the large plan. The university intends to construct a new Laboratory Sci91c9 Building hall which will result in a loss of commuter parking ltt north of the Capitol Quad residence the subject city owned over 500 parking spaces. The unive.rity i"o"td like to acquire parking arcato property and other parcels foittre purpose. of constructing a new "i"ilguo"t of the new science building' offset the loss of pa*infresuliing from the consiruction property request and no The applicable city departments have reviewed the surplus opposition has been indicated. COOKEVILLE PLANNING COMMISSION 4 MARCH 25,2013 Staff recommended approval of declaration as surplus property city owned property identified as parcel 9.00 on Tax Map 40O, Group D and for the acquisition of the property by TTU with the disbursement to be determined by the city council. Chairman Jim Stafne opened the Public Hearing and after there were no comments from the audience, he closed the Public Hearing. Dr. Roy Loutzenheiser made the motion to approve declaring City owned property located at2l5 West Seventh Street as surplus property. Chris Wakefield seconded the motion and the motion carried unanimousty. AppRovnn uncr,lnrNc zrs wnsr zfir srnnur AS SURPLUS PROPERTY. CONSIDER FOR ACTION VARIANCE OF 250 FEET ON THE LENGTH OF THE PROPOSED REDBUD DRIVE EXTENSION AND PRELIMINARY PLAT APPROVAL OF' REDBUD SUBDMSION PHASE II, 23 LOTS LOCATED OFF BUCK MOUNTAIN ROAD. REQUEST SUBMITTED BY DONNIE SUITS ON BEHALF OF CAPITAL COMMUNITIES LLC. THE DEVELO HAS RE,QUESTED THAT THIS ITEM BE WITHDRAWN FROM THq AGENDA. DT. ion to approve withdrawing this item from the Agenda. Jim Woodford seconded the motion and the motion carried unanimously. REOUEST WITHDRAWII F'ROM THE AGENDA. HOLD A PUBLIC HEARING AND CONSIDER FOR ACTION REQUEST FOR RAO REDEVELOPMENT AREA OVERLAY DISTRICT) ZONING FOR 319 WEST 7TH STREET. REQUEST SUBMITTED BY AARON BERNHARDT ON BEHALF OF BERNHARDT LLC AND JERRY C. GAW INC. JAMES MiIIS StAtEd Mr. Aaron Bernhardt, on behalf of Bernhardt LLC, Jerry C. Gaw, Inc. and Pat Fitzpatrick, has submitted a request for RAO (Redevelopment Area Overlay) zoning for their property located west of North Willow Avenue and east of Laurel Avenue between West 7"' and West 8th Streets. The RAO District was created by Ordinance Number 013-01-02 which became effective earlier this month. The overlay district was created as a mechanism for the redevelopment, rcvitalization, rehabilitation, and general improvement of areas within the City of Cookeville as identified within the Cookeville 2030 Plan as being in need of such action, or other areas within the city as may be determined to be in need of such action. Within RAO districts, the city may waive oi modify certain development requirem_ents to provide incentives for redeveiopmlnt, including increases in density, reduction of setbacks, and reductions of lot sizes. Specific criteria must be met for properties to qualifu for RAO zoningand a detailed p.o""s for approval must be followed. Only those uses permitted in the uriclerlying zoning may be permiued in a RAO district. To qualify for RAO zoning the site must contain a riinimum of on" (1) acre when located within an arca identified in the Cookeville 2030 Plan as being in need of revitalization/redevelopment. The developer must submit and adhere to an approved development plan'  5 COOKEVILLE PLANNING COMMISSION MARCH 25,2013 several steps' First the developer is The process for the approval of RAO zoning involves zoning is required to meet *iit tfr" Planning pirecior to determine whether the RAO appropriate for the proposed property. li it it determined that the property is appropriate for overlay zoning' a witten for RAO zoning, then the developer must submit a request and how it meets the objectives of the statement describing afr. propor"a A"u.i"p*ent The^Concept Plan must include site' 2030 Plan, and a Preliminary RAO Concept Plan. T'he Planni"g Ci,--ission, after reviewing the overlay zoning floor and elevation il;;. to the City Council for request and requirei submittals, must submit a recommendation approval, modification, or deoiaiof the request. Upon receipt of the Planning Commission enactment of the overlay' recommendation the City Council then considers must be submitted to and approved by the Once the overlay is enacted, a Final RAO Plan (6) months after planning commission. The Final RAO plan must be submiued within six by the City Council or the overlay zoning the effective date oitt" enactment of the ou"rluy ,ro *or. ihan 18 months may be granted action shall become null and void. Extension of pran must substantially conform to the by the planning commission. The Finar RAo to the approved Final RAO Preliminary RAO Concept Plan. Any substantial modifications Plan must te resubmitted to the Planning Commission' Parcel 24'00 on Tax Map 40o' The property proposed for RAO zoning is identified-as Group A and consists of approxi-ut"iy" 1.75 actes. It previously consisted of seven (7) primarily within an area identified parcels that were combined in 2011. rhe site is located The in the Cookeville 2030 Plan u, U"ittf in n""a of redevelopment/rev^italizalion' property is CL, Local Commercial' The underlying or existing zoningclassificatLn of the on the property were six primary use of th" ffi;;tls single a.1v residential' .i-ocated (2) of the dwellings andthe (6) single family O*"irirgr and Jne l;;e"' shedibarn. Two structures were considered to be in shed/barn have already been removed. These are-considered to be in deteriorated or dilapidated condition and the remaining structures been condemned as environmental dilapidated condition. The remov"A l*.nittgs had hazards. Plan, written statement' site Mr. Bernhardt has submitted a Preliminary RAO Concept plan, floor plans, plans, and other materials required for RAO zoning _photos I ! "|"*tion consideration. ffr. petition"r, irrOi"ut" tftat tn"y wish to construct townhouses (single cement shake accents' 1 i family attached J*ii*gO that will be all Uiict< with fiber j Townhouses are a use pennitted on t*i.* by the Planning Commission flthe CL district' clustered into three (3) groups of nine The site plan indicat.rihut the torvnhouses would be (g) units and one (1) group of eleht isi *itt. The.floor plans depict the construction of two (2) story dwellings with kitchen, iiuittg, and dining u'"u' on the first floor and two (2) bedrooms uro t*o tij baths rocated on tG'r".ond floor. The erevation plans indicate all schedule all existing brick construction. According to the submitted development - the RAO with new structures would be removeA wittrin OO days of approval 9l within one (1) year' construction beginning thereafter and to be completed would be insta[ed and a rain garden sidewalks along west gth Street and LauraAvenue a detention pond' A11 of the would be utilized for storm water detention instead of  6 COOKEVILLE PLANNING COMMISSION MARCH 25,2013 drives and parking areas' no direct vehicle proposed units would be accessed from interior access from public streets to any aweffing wifiUt pto"iaed'' Canopy trees are to be planted along all street frontages. which petitioners wish to construct 35 dwellings' According to the submitted materials the under CL zoning' is an increar" 10 units Jver what could be constructed "f"ppr;;;;ly which requires a minirr,u- of 3,000 ,q.rur" feet of land area per dwelling unit' Under the per provisions of the nao airt ict, the "ity -uy allow d:l.tity bonus of up to 20 units ? acre, which is approximat ely 2,178 tq; i""tper dwelling unit' For an area containing i.75'u"r", the city can approve up to 35 dwelling units' The petitioners are also requesting reductions in the front setback requirements to 15 feet Sih Street and Laurel Avenue' The minimum along West 7tn St to tS felt ".l*J "ff-W;J front setback requirem.rrt in the cL district is 30 feet' The cookeville codes Department existing structures along west 8th street and has approved an averaging of setbacks of Laurel Avenue as provided in Section 204.3 of thJ zoningcode to allow.setbacks of 18 along all feet on these streets. A depth of up to *ro"n (7) feet of pioperty was. {e$icated street frontages *iit the ^combi"l*i"" pr", )fpt9-u-"d i" iott' aaoitionally' the city property--in iOii afo"g West 7th Street at its intersection with acquired a portion "itt" North Willow e*rrrr. fo, tfr" inrtuttution of a turiing lane' As a result of these actions the eight (8) feet from the back of properry boundary is located u -irri,,',i* ;i;pp;.ftately the sidewalk urong'.,6l!;;,t-$;;. Thir woutd placg the prop.osed structures approximat ely 23 6et from the back of the sidewalk with the approval of the setback reduction. RAO Plan for the development of 35 Staff recommended approval of Preliminary the reQuested setback reductions with of-Cgncept single famity attactrei'awellings uta upptoual of RAO zoning' recornmendation to City Council for theinactment and after there were no conments from chairman Jim Stafne opened the Public Hearing the audience, he closed the Public Hearing' development' Chris Wakefield asked about signage for the 1 depicted I James Mills replied that all the details for signs, types of trees' etc' will have to be i on the Final Plan. Area yard of 15 7 STREET. CONSIDERFoRACTIONPRELIMINARYPLAToFDRAPERHEIRS coRNER oF FISK ROAD' DIVISTON, 15 iors LOCATED oN THE  7 COOKEVILLE PLANNING COMMISSION MARCH 2502013 AVENUE. REQUEST WINTERHILL DRIVE' AND NORTH PICKARD OF ALENE DRAPER HEIRS. SUBMITTED BY TAYS REALTY ON BEHALF T o Dr. RoY Jim moving this item from StudY to Action. Loutzenheiser made the motion to aPProve APPROVED carried unanimouslY Woodford seconded the motion and the motion G James Mills stated that sam Tays with rays Realty has submitted on behalf of the Alene Draper Heirs u p."iirni"*V pfat o1 til;;"p"; H.its Division, a 15 lot single family detached development' The pt"ptiy bgTg:d on the west by Fisk Road' on residential ! east by North Pickard Avenue' the north by winterhitt nri". and on the on Tax Map 52A' Group A as Parcels The subdivision development property is identified g.sgo total.acres' The property is zoned RS- 5.00 and 6.00 and consists of approxim"t"iv to the north' south and east' 10, Single Family Residential,-u, ut"^uJii"""t qtgngfies Family Residential' The lots properties to west are zoned as RS-10 uitJ ns-js, Single rangein size from 15,668 square feet to ie,gzg square feet' with the majority over 30'000 square feet. the adjacent street centerlines' so no additional The perimeter of the site is 25 feet from be served by existing six-inch waterlines property dedication i, i"q-rrir"d. Try" f"it *iff to one of the sewer service lines will be connected located in each street right-of-way. The existing eight-inch gravity mains- There is a 20 feet wide recorded sewer easement are bisecting the property' In addition' there depicted on the platihat nrns north t"-;;;h four (4) Drive ana^r'isk Road. There are mains rocated in the right of way of winterhil existing fire hydrants io?atea wittrin tft" IOO f""t required distance for fire protection' Special Flood Hazard Areao nor is it The property is not shown in a FEMA designated identified within a sinkhole floodplain. HJ*tut', ih" publi" works Department has plans st'U'nitsion of storm water detention advised that due to site specific ,orraition,,lhe that all service lines prior to final plat d;; required. ThsElectric Department noted t a utility easement' will be required to fi located unberground through Plat approval' subject to the following: Staff recommended conditional Preliminary Submission of storm water detention plans as required by the Public works 1) Department' and ,t ,-- ^^ ^rr;+:^-- rn fhc nlaf determined necessaly by the plat as rlet 2) completion of corrections or additions to the city departments' Planning Department andlor other appropriate of Draper Randy Dalton made the motion to grant conditional Preliminary Plat approval Jim Woodford seconded the motion Heirs Division, subj ect to Staff s recommendation' and the motion carried unanimously  8 COOKEVILLE PLANNING COMMISSION MARCH 25,2013 item 9t tg{V; Dr' Roy Chris Wakefield made the motion to take the following carried unanimously' STUDY ITEM' Loutzenheir"r r.rorrJ.J the motion *A tnt -otion STUDY ITEMS: (1)CONSIDERF,oRSTUDYPRELIMINARYPLAToFWINDSORCOMMONS, 53LOTSLOCATEDoNEASTSPRINGSTREETANDNOTTINGHAM AND PAUL GAW. DRrvE. nnquEsi suBMrTTm sy JERRY GAW ADJOURNMENT: 6:05 P.M' SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING JAYNE BARNS CPS JIM STAFNE' CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION