Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JUNE 24,2013 The Cookeville Planning Commission met on Monday, June24,2013 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, Randy Dalton, David Webb, Jim Woodford, and Kay Starkweather. MEMBERS ABSENT: Dr. Angelo VolPe. $TAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Ken Young STAFF MEMBERABSENT: Jim ShiPleY. OTHERS PRESENT: Ed Hull, Michelle Haggard, James Smith, Lauren Shibakov, Lany Cunningham, David Hitchcock, Roxanna Hitchcock, Keith Simmons, Raye Ann Simmons, and Laura Militana. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. RANdY DAITON made the motion to approve the agenda as submitted. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MAY 20,2013. Jim Woodford made the motion to approve the minutes of May 20, 2013. Dr. Roy Loutzenheiser seconded the motion and the motion canied unanimously. APPROVED. CONSIDER FOR ACTION CLOSURE AND ABANDONMENT OF A PORTION OF' THE UNDEVELOPED RIGHT.OF-WAY OF F'LATT HOLLOW ROAD LOCATED BETWEEN MANNING PLACE AND OAKLAWII COURT. REQUEST SUBMITTED BY VIVIAN VICKERS. CARLEN AND VIVIAN VICKERS HAS REQUESTED THAT THIS ITEM BE WITHDRAWI\ FROM THE AGENDA. Jamei Mills stated that all affected property owners were notified by the Planning Department. One property owner was opposed to the closure and abandonment. The Municipal Code requiris that all affected property owners must be in favor of the closure and abandonment of a right-of-way. The request was reviewed by the applicable City Departments. The Public Works Department was opposed to the closure and abandonment due to the potential need for extending Flatt Holl,ow Road. The Water Quality Control Department indicated that they have utility lines within the right-of-way. Mr. & Mrs. Vickers requested that the request for closure be withdrawn from the agenda. Randy Dalton made the motion to withdraw this request from the Agenda. Kay Starkweather seconded the motion and the motion carried unanimously. WITHDRAWN.  COOKEVILLE PLANNING COMMISSION 2 JUNE 24,2013 CONSIDER FOR ACTION REZONING 5698 SOUTH JEFFERSON AVENUE FROM CL (LOCAL COMMERCIAL) TO LM (LIGHT MANUFACTURING). REQUEST SUBMITTED BY LARRY CUNNINGHAM. James Mills stated that Mr. Lany Cunningham has submitted a request to rezone from CL, Local Commercial to LM, Light Manufacturing his property located at 5698 South Jefferson Avenue. The property proposed for rezoning is identified as Parcel 4.01 on Tax Map 109 and consists of approximately 5 acres. It is located on the joint southern boundary of the City of Cookeville and Putnam County. The subject property is bounded by properties zoned as RS-10, Single Family Residential to the east and west and as CL to the north. The southern boundary of the property is the Falling Water River which is the dividing line between Putnam and White Counties. There is no zoning in the unincorporated portions of White County. A portion of the property along the Falling Water River is located within a FEMA identified flood hazard area. The Cookeville 2030 Plan depicts the property as being best suited for commercial-industrial mixed use. Currently located on the property ate a tractor sales establishment and a construction company. These land uses were present when the property was annexed and zoned as CL in 2000. The existing uses are not permitted uses in the CL district and are classified as legal nonconforming uses. Both existing uses are permitted uses in the LM district. In the application Mr. Cunningham indicates that the purpose of the rezoning is to convert a portion of his property for an indoor recycling facility. In discussions with the Planning and Codes Departments, Mr. Cunningham indicated that the proposed use would consist of separating, packaging and distributing materials from salvaged vehicles and other items for use as recycled materials. He stated that an existing building on the eastern side of the property would be utilized for the recycling operation. Recycling facilities are not specifically addressed in the Zoning Code. Perhaps the most similar classification in the Zoning Code would be salvage yards, which are allowed only in the HM, Heavy Manufacturing district and only as uses permitted on appeal to the Board of Zoning Appeals. When meeting with Mr. Cunningham to discuss the proposed use, the Directors of the Codes and Planning Departments were of the opinion that the described use might be similar to and potentially be in the same use classification as a machine shop or a metal fabricator, both of which are permitted uses in the LM district. A significant concern was that the operation be conducted indoors. Outdoor storage in the LM district is permitted only as a use permitted on appeal requiring the approval of the Board of Zoning Appeals. Of course, if the property is rezoned to LM, then any of the uses allowed in the LM district could potentially be located on the subject property. There are uses allowed within the district could potentially have a negative impact on nearby properties. An additional concem is the potential environmental impact from the proposed use and certain other uses allowed within the LM district on the contiguous Falling Water River. The owner of adjacent property to the east of the subject property identified as Parcel 78.00 on Tax Map 96 has contacted the Planning Department with concems regarding the impact of the proposed use and other uses permiued in LM zoning on her residence and property.  3 COOKEVILLE PLANNING COMMISSION JUNE 24,2013 has also A petition, signed by several nearby property owners opposed to the rezoning' been submitted. are nonconforming uses As previously noted the current land uses on the subject property may justify in the CL district, but are permitted uses in the requested LM district which are of the opinion that considering l."ronirrg. Wftif. the Codes and Planning Departments classification as other the proposed r""y"i-irrg operation could be placed in ttre same use are not p".-ittia uses in the-LM district, there are some concerns that such facilities of specific is the lack specifically addressed in the Zonng Code. Of particular concern standards or requirements for such a use' planning Staff to prepare specific Staff recommended that this item be tabled to allow standards for recycling facilities. and felt the best way to Larcy Cunningham stated that he wanted to sell the property market the proPertY would be as LM. Avenue, stated that he was James smith, adjacent property owner at 5684 South Jefferson opposed to the rezoning request due to concerns about the environmental impact on Falling Water River, noise potirrtiott, and additional truck traffic to the neighborhood' stated that she was Michelle Haggard, property owner at 5640 South Jefferson Avenue, opposed to the rezoning also concemed about th. ,u*. issues as Mr' Smith and she was ) request. that he was opposed the Keith Simmons, adjacent property at 6200 Old Sparta Road, stated neighbors and he was also rezoning request urrd hud the same concerns u, uddtttttd by his about the flood waters that rise next to this property' "on."*id and begin the process Dr. Roy Loutzenheiser made the motion to deny the rezoning request seconded the of looking at guidelines for recycling facility standards' Kay Starkweather motion and the motion carried unanimously' DENIED' PLAT OF CONSIDER FOR ACTION AMENDMENTS TO THE PRELIMINARY REDBUD SUBDIVISION WHICH INCLUDE A REQUEST FOR A VARIANCE TO 5OO TO 45N; REDUCE THE RIGHT.OF.WAY WIDTH OF THE ROAD FROM CHANGING THE NAME OF REDBUD SUBDIVISION TO GLEN GLEN ABBEY TO SUBDIVISION; AND CHANGING THE NAME OF REDBUD DRIVE OF LAUREN ABBEY DRIYE. REQUEST SUBMITTED BY LAUREN SHIBAKOV ENGINEERING sERvIcES oN BEHALF oF DONNIE suITS. James Mi[s stated that Mr. Donnie suits of capital communities, LLC has submitted for approval plat of Redbud Subdivision Phase rr, a2l lot single family amendments to the preliminary residential development of property located at Buck Mountain Road (E' Broad) and approval by the Planning Redbud Drive. The plat *us giunt"d conditional preliminary Commission at the April 22,2013 meeting'  4 COOKEVILLE PLANNING COMMISSION JUNE 24,2013 for dwelopment is identified on Tax Map As previously submitted, the property proposed -ipproximately. There are three 52 as parcel 10.00 and consis* "f tS':tS acres' by the Planning commission' The amendments Mr. Suits has proposed for consideration Redbud Subdivision be changed from first request is to allow the development name to phase II to Glen Ab# SrrUaiuirion. The second is to allow the name of the existing street and the proposed extension of same to be changed from Redbud Drive to Glen Abbey street oT the right-of-way of the proposed Drive. The final request is to allow a reduction extension from 50 feet to 45 feet name has no apparent impact on the Changing the street name as well as the development existing lots originally created bl Jhe nedbud Subdivision' All of the lots in that development are uJdr.rsrd off oi Boxwood Circle so there should be no emergency Suits is proposing to dispatch issues In addition, the scaie and types of homes Mr' constructed on Boxwood circle' build will be markedly different from the ones in the new right-of-way' Article "reuied. Conceming the request io allow a five (5 f.;i reduction allow for such a reduction in V, Section C stipuraies that the Planning CommissigL -uy than 40', provided that curb and gutter and the minimum width of local streets to nI less storm sewer is installed on both sides aJ pt*iJ.a theie^is adequate width for the location Department as- -well as the of sidewalks and utilities. The wate, Quality Control G ptopoted reduction is acceptable to them as Department of public Works adviset ,ttu, submitted. change the development name to Glen Staff recommended approval of requests l) to existing street and proposed extension of ) Abbey Subdivision, 2) to change the^name oithe sametoGlenAbbeyDrive,and3)toallowthereductionofthenewright-of.way extension by five (5) feet from 50 r""i t" 45 feet' It is further recommended that the subject to the conditions previously set by the approval of the ,"uir6Jpr.liminqv-ql-1i be Pianning Commission on April 22,2013' to the Preliminary Plat of Jim Woodford made the motion to approve q. q"t$ments Redbud subdivision Phase II as recomriended by Staff' Dr' Roy Loutzenheiser seconded the motion and the motion canied unanimously. APPROVED' the following items for study' Jim Dr. Roy Loutzenheiser made the motion to take ITEMS' woodford seconded the motion and the motion carried unanimously' STUDY STREET FROM RM8 (1) CONSIDER FOR STUDY REZONING 665 E. 22ND (MULTI-FAMILYRESIDENTTIuT.o-CL-.(LOCALCOMMERCIAL). ON BEHALF OF CHARLES REQUEST SUslvrlrrED By TONV KENNEDY SOARD. @CONSIDERFoRSTUDYAMENDMENTSToTHEZONINGCODE RELATIVEToTOWIIHOUSESASPERMITTEDUSESWITHINTHERD& RS.5ZONINGDISTRICTSWHENLOCATEDINANRAODISTRICT.  5 COOKEVILLE PLANNING COMMISSION JUNE 24,2013 STAFF REPORTS: (1) MINOR PLAT APPROVALS: _ O VILLAGE GREEN SUBDIVISION - DIVISION OF LOT 13 2 LOTS _ LOCATED ON LIBERTY COURT WOODY WELCH. PARK O COMBINATION PLAT OF LOTS 13' 14' &' 15 OF THE DARWIN_ WILLIAM SUBDIVISION _ 2 LOTS LOCATED ON WILSON AVENUE RAY. O BEVERLY HILLS SUBDIVISION - REDIVISION LOTS 40,41' 42 IN BLOCK D_|LOTSLOCATEDoNWATAUGAROAD_STEPHENPAYNE. ADJOURNMENT: 5:58 P.M. SUBMITTED F'OR APPROVAL SUBMITTED FOR RECORDING JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEYILLE PLANNING COMMISSION