Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES MAY 20,2013 The Cookeville Planning Commission met on Monday, May 20, 2013 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, Chris Wakefield, Randy Dalton, David Webb, Jim Woodford, and Kay Starkweather. MEMBERS ABSENT: Judy Jennings. STAFF MEMBERS PRESENT: James Mills, Jayne Bams, and Ken Young STAFF MEMBERS ABSENT: Jim Shipley. OTHERS PRESENT: Jack Lynn, Thomas Lynn, Nancy Pardue, Sam Tays, Lauta Militana, Aaron Bernhardt, Katherine Hill, Kay Lynn, and Dr. Sandra Smith. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. DT. 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 22,2013. Dr. Angelo Volpe made the motion to approve the minutes of April 22,2013. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 218 EAST 8TH STREET FROM RS15 (SINGLE FAMILY RESIDENTIAL) TO RS1O (SINGLE FAMILY RESIDENTIAL). irneunsr sUBMITTED BY THoMAS LYI\N oN BEHALF oF LYNNDERS FAMILY GENERAL PARTNERSHIP. James Mills stated that Mr. Thomas Lynn, on behalf of the Lynnders Family General Partnership, has submitted a request to rezone from RS-15, Single Family Residential to RS-10, Single Family Residential property located at2I8 East 8th Street. The property proposed for development is identified as Tax Map 40N, Group H, Parcel 1.00 and consists of approximately 30,000 square feet. It is a corner lot with frontage on both East 8th Street and North Jefferson Avenue. This parcel is zoned RS-l5, Single Family Residential as are the lands immediately adjacent to the north and south. The contiguous property east of the subject property is zoned RS-10 Single Family Residential and the property to the west is zonedLrNv, University The RS-15 and RS-10 districts are both primarily intended for single family residential use' The basic difference between the districts is the minimum lot size requirement, with the RS- 15 district requiring 15,000 square feet and the RS-10 district requiring 10,000 square feet' Under the current zoning the subject property could potentially be subdivided into two (2) parcels and under the proposed zoning it could potentially be subdivided into three (3) parcels. COOKEVILLE PLANNING COMMISSION 2 MAY 20,2013 Avenue Generally from East 6th Street north to East 9th Street, the east side of North Jefferson was based is zoned as RS-10 and the west side is zoned as RS-15. This zoning configuration frimarily on existing lot size characteristics. In the opinion of the Planning Department "property i"roning the subject to RS-10 would only be appropriate if a larger- area on the west the owners of two side of North Jeifersol Au"rrr" was included. Mr. Lynn has indicated that (2) ofthe three (3) additional parcels (832 and 836 North Jefferson Avenue) located north of b-Js;gti; i,r." o" itt. west side of North Jefferson Avenue are not opposed to the inclusion of the third parcel (824 North their properties in the proposed rezoning. However, the owner of property, has Jefferson Avenue), *fti"tt is immediately adjacent to the north of the subject notified the Planning Department that she is opposed to the rezoning. Staff recommended denial of the request. Thomas Lvnn stated that two lots would face North Jefferson Avenue and the third lot would f";;w";'sif sir..t. He thought the layout would have the least amount of impact on the homes in the neighborhood. The homes thaithey wili be building will help the value of the area. 400 to 600 sq' ft' Jack Lynn stated that the houses would consist of 2,000 to 2,300 sq. ft. with g*ug"r, which is similar to other houses in the area. The outside of the homes would consist of brick, rock and hardie board. Nancy pardue, property owner at 824 North Jefferson Avenue, stated that their family has lived there since 1959. She was concerned that the City has rules and codes for a reason and that they should not change because Mr. Lynn wanted to make more money by adding an would put i1 additional lot. She was also concerned that if the property sold as RS10 that they added zerclotlines townhomes, which would take away from the neighborhood. Mrs. Pardue keep the that she was opposed to the rezoning to RS10 and requested that the Commission property RS15. Dr. Sandy Smith, property owner at82g North Jefferson Avenue stated that she has renovated not help her her home and that it las over 4,000 sq. ft. and stated that the new homes would property value as stated by Mr. Lynn, but would hurt the property value. Concerns by the Board were that they could not rezone Mr. Lynn's property_by itself because North Jefferson Avenue it would be consider spot zoning,and since the property owner at824 with 832 & was opposed, the goaid did noi feel comfortabie in including that property along 836 North Jefferson Avenue in the rezoning request' Thomas Lynn stated that he did not know what they requested in their application. 218 East 8th Street' James Mills replied that the application for rezoning request was only for Dr. Roy Loutzenheiser made the motion to deny the request due to the opposition and consistency of the RS15 being disrupted if changed. Jim Woodford seconded the motion. - Votes: Jim Stafne dY?, Dr. Angelo Volpe uy", Dr. Roy Loutzenheiser- aye' Chris - COOKEVILLE PLANNING COMMISSION 3 MAY 20,2013 Wakefield - dye, Randy Dalton - fldy, David Webb - dye, Jim Woodford - aye, and Kay Starkweather aye. Motion Carried. REZONIN DENIED.I Thomas Lynn asked if the request could be withdrawn. James Mills told him that since the motion had been made he could not withdraw the request. Jim Stafne stated that Mr. Lynn had the right to appeal their decision to the City Council, but that he could not bring the request back to the Planning Commission unless there was substantial change to the request. CONSIDER F'OR ACTION FINAL RAO PLAN AND PRELIMINARY PLAT OF UNIVERSITY SQUARE (T'ORMERLY HAYDEN HEIGHTS, 36 LOTS LOCATED BETWEEN NORTH WILLOW AND LAUREL AVENUES AI\D WEST 7TH AND WEST 8TH STREETS. REQUEST SUBMITTED BY AARON BERNHARDT. JAMCS Mills stated that Mr. Aaron Bernhardt, on behalf of Bernhardt LLC, Jeny C. Gaw, Inc. and PatFitzpatrick, has submitted for approval a Final RAO (Redevelopment Area Overlay) Plan and Preliminary Subdivision Plat for University Square. University Square is a proposed 35 unit townhouse (single-family attached) development located west of North Willow Avenue and east of Laurel Avenue between West 7th and West 8ffi Streets. The Planning Commission, at its March2}I3 meeting, approved a Preliminary RAO Concept Plan for the proposed development of 35 single family attached dwellings with setback reductions and recommended that the City Council enact an RAO zone for the area depicted in the RAO Plan. Ordinance Number 013-04-08, establishing the RAO district for the subject area, was approved on second and final reading at by the City Council at its May 16, 2013 meeting and will become effective on May 31,2013. The property proposed for RAO development is identified as Parcel 24.00 on Tax Map 40O, Group A and consists of approximately 1.75 acres. It previously consisted of seven (7) parcels that were combined in 2011. The site is located primarily within an area identified in the Cookeville 2030 Plan as being in need of redevelopment/revitalization. The underlying zoning classification of the property is CL, Local Commercial. The primary use of the property is single family residential. Located on the property were six (6) single family dwellings and one large shed/barn. Two (2) of the dwellings and the shed/barn have already been removed. These structures were considered to be in dilapidated condition and the remaining structures are considered to be in deteriorated or dilapidated condition. The removed dwellings had been condemned as environmental hazards. The approved Preliminary RAO Concept Plan depicted the development of 35 townhouses which was an increase of approximately 10 units over what could be constructed under CL zoning. Approved floor plans indicated that the dwelling units would consists of two (2) story dwellings with kitchen, living, and dining areas on the first floor and two (2) bedrooms and two (2) baths located on the second floor. The approved plan also included reduced setbacks along West 7th and West 8th Streets and Laurel Avenue. According to the approved development schedule all existing structures are to be removed within 60 days of approval of the RAO with new construction beginning thereafter and to be completed within one (1) year. COOKEVILLE PLANNING COMMISSION 4 MAY 20,2013 The Zoning Code requires that a Final RAO Plan must be submitted to the Planning Commission within sif (O) months after the effective date of the enactment of the overlay by the City Council or the overlay zoning action shall become null and void. The Final RAO Plan must substantially conform to the Preliminary RAO Concept Plan. Any substantial modifications to the approved Final RAO Plan must be resubmitted to the Planning Commission. Section ZZZ{:SC of the Zoning Code specifies that in RAO developments involving the transfer of parcels a preliminary subdivision plat is also required. In the opinion of the Planning Department the Final RAO Ptan substantially conforms to the Preliminary RAO Concept Plan. All information required by Section 232A.15G appears to be depicted on the Plan. Thi plan indicates that the 35 townhouses would be clustered into three (3) groups of nine (9) units and one (1) group of eight (8) units. Sidewalks along West 8th Street and Laurel Avenue would be installed and a rain garden would be utilized for storm water detention instead of a detention pond. All of the proposed units would be accessed from interior drives and parking areas, no direct vehicle access from public streets to any dwelling will be provided. Canopy trees are to be planted along all street frontages. Elevation and floor plans are provided on ih" Final RAO Plan. Refuse collection will be provided with an enclosed dumpster area. A common mail area is to be provided. The Preliminary Plat depicts the development of 36 lots consisting of the 35 townhouse lots and the 36th lof being ttte common area, which including all parking, drives, green space and the storm water retention area. All utilities and interior streets will be privately owned and maintained. A Homeowners Agreement (HOA) regarding the maintenance of the private streets, utilities and commott *"us is required. Existing fire hydrants are adequately located to serve the development. All townhouse lots will be accessed and addressed from the private interior streets. New sidewalks will be constructed along West 8th Street and Laurel Avenue. The storm water management plans have been approved by the Public Works Department. Staff recommended conditional approval of the Final RAO Plan for University Square subject to Ordinance Number 013-04-08 becoming effective, to the submittal of the homeowners covenants and maintenance agreement, and to compliance with all applicable provisions of the ZoningCode. Conditional approval of the Preliminary Plat subject to the completion of a preconstruction meeting prior to the initiation of any improvements and to the completion of urry or addiiions to the plat as determined necessary by the applicable city "oo""tions departments. Dr. Angelo Volpe made the motion to grant conditional approval of Final RAO Plan and Preliminary ptat of University Square (formerly Hayden Heights), subject to Staffs recommendations. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL OF F'INAL RAO PLAN AND PRELIMINARY PLAT OF UNIVERSITY SOUARE. CONSIDER FOR ACTION FINAL PLAT OF DRAPER HEIRS DIVISIONO 1"5 LOTS LOCATED ON THE CORNER OF FISK ROAD, WINTERIIILL DRIVE AND NORTH PICKARD AVENUE. REQUEST SUBMITTED BY TAYS REALTY ON BEHALF OF ALENE DRAPER HEIRS. Ken Young stated that Sam Tays with Tays Realty has submitted on behalf of the Alene Draper Heirs a final plat of the Draper Heirs  5 COOKEVILLE PLANNING COMMISSION MAY 20,2013 The property is bounded on Division, a 15 lot single family residential detached development' and on the east by N' Pickard the west by Fisk Road, on the north uv wi"t.trti[ Drive conditionally approved by the Avenue. The preliminary plat for the development was Planning Commission at the March 25,2013 meeting' Map 0524 Group A as Parcels The subdivision development property is identified on Tax acres. The property-is zoned RS-l0' 5.00 and 6.00 and consists of approximut.ty l.sso total The perimeter of the site is 25 feet Single Family Residential, as are aff aAjacent properties' dedication is required' The lots from the adjacent street centerlines, ,o io aaAitionat property right-of-way. The sewer will be served by existing six-inch waterlines located in each street service lines will be connected to one existing eight-inch gravity mains' There is a20 "itft. runs north to south bisecting the feet wide pratted sewer easement depicted on the prut irtut property. In addition, ifr.r. are mains located in the right of way of Winterhill Drive and Fisk Road. There ur" fou, (aiexisting fire hydrants located within the 500 feet required distance for fire protection. Flood Hazatd AIea' nor is it The property is not shown in a FEMA designated special Department, however, has recently identified within a sinkhole floodplain. The Pu6lic works location of a proposed rain garden is a advised that the general area shown o" itt" plat as the the plat. The location and scope of probable wetland which the develop., *uri delineate on any drainage improvements including trt" tui" garden will-be determined after the wetland is lines will be required to be located delineated. The Electric Department noied that-all service underground through a utility easement' subject to the following: Staff recommended conditional final plat approval is recommended delineated wetland area, 1) Submission of a revised plat showing developer initiated 2) nppr"ra of an engineered drainage plan by the Public works Department,Department' Public Works 3) Completion urrd ulproual of drainigi i*ptlrr"ments-by the determined necessary by the 4) Completion of corrections or aaJitions to the plat as planning Department and/or other appropriate city departments, and date of Planning 5) The conditional fiJ upfrorout is only uutid fot sixtyieO) days from the Commission aPProval. Plat approval, subject to Staff s Dr. Angelo Volpe made the motion to grant conditional Final and the motion carried recommendations.Dr.RoyLoutzenheiserseconded the motion unanimously DIVISION. Kay Starkweather made the motion to take the following items for study' Dr' Roy Loutzenheiser seconded the motion and the motion carried unanimously' STUDY ITEMS' OF A PORTION (1) CONSIDER FOR STUDY CLOSURE AND ABANDONMENTIIOLLOW ROAD OF THE UNDEVELOPED RIGHT-OF.WAY OF' FLATT coURT. LOCATED BETWEEN MANNING PLACE AND OAKLAWI\ REQUEST SUBMITTED BY VIVIAN VICKERS. COOKEVILLE PLANNING COMMISSION 6 MAY 20,2013 (2) CONSIDER FOR STUDY REZONING 5698 SOUTH JEFFERSON AVENUE FROM CL (LOCAL COMMERCTAL) TO LM (LrcHT MANUFACTURTNG). REQUEST SUBMITTED BY LARRY CUNNINGHAM. STAFF'REPORTS: (1) MrNOR PLAT APPROVALS: o FURTSCH COMBINATION PLAT _ 1 LOT LOCATED ON NORTH CEDAR AVENUE _ THOMAS FURTSCH. o SAINT MICHAELS EPISCOPAL CHURCH _ 2 LOTS LOCATED ON EAST 7TH STREET_ DOC JONES. o WASHINGTON SQUARE ASSOCIATION - 2 LOTS LOCATED ON NORTH WASHINGTON AVENUE _ TAYS REALTY. o PAT ALLEN DIVISION - 2 LOTS LOCATED ON LOVELADY ROAD - A NEw DAY CONTRACTING COMPANY. o BILBREY PARK SUBDIVISION REVISED LOTS 6 & 7 _ 2 LOTS LOCATED ON RANDY DRIVE _ LONNIE DONALDSON & BILLIE BEATY. o WEST TOWN CENTER COMBINATION PLAT _ 2 LOTS LOCATED ON WEST BROAD STREET _ JERRY GAW AND PAUL GAW. ADJOURNMENT: 6:25 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTAI\T COOKEVILLE PLANNING COMMISSION