Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES JULY 22,2013 p.m., in the The Cookeville planning Commission met on Monday, July 22,2013 at 5:30 Council Chambers,45 E. Broad Street, Cookeville, Tennessee. Chris MEMBERS pRESENT: Jim Stafne, Dr. Roy Loutzenheiser, Judy Jennings, wakefield, Randy Dalton, David webb, Jim woodford, and Kay starkweather' MEMBERS ABSENT: Dr. Angelo VolPe. Young' STAFF MEMBERS PRESENT: James Mills, Jayne Bams, and Ken STAFF MEMBERS ABSENT: Jim Shiplev' OTHERS PRESENT: Peggy Fragopoulos, Harriett Rowland, Tony Kennedy, Selene Chris Knox' Kitchens, Yutaka Maeda, i"i.uru Maeda, Hugh Adams, Aaron Bernhardt, and Laura Militana. WAKEfiEId CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. ChTiS the motion made the motion to approve the agenda as submitted. Jim Woodford seconded and the motion carried unanimously. APPROVED' CONSIDER FOR APPROVAL THE MINUTES OF JUNE 24,2013. JiM WOOdfOTd made the motion to approve the minutes of June 24,2013. Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 665 E. 22ND STREET FROM RM8 (MULTI.FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY TONY KENNEDY ON BEHALF OF CHARLES SOARD' JAMES Charlie Soard' has Mills stated that Mr. Tony Kennedy, on behalf of property owner submitted a request to rlzone from RM-8, Multi-Family Residential -to CL, Local Parcel24.00 on Map Commercial property located at 665 East22"d Street and identified as 40C, Group F. west, with CL and The property proposed for rezoning is contiguous with CL zoning to the CI, iommeicial industrial Mixed Use zoning to the nort!, with LM, Light Manufacturing It zoningto the east, and with RS-10, Single Family Resjdentialzoning to the south' Street and Denton consists of approxim ately 4.6 acres and h-as frontage on both East 22"d Avenue. Located on the property are 39 dwelling units consisting of three (3) single family dwellings and 36 -"ttifutnily units locatedln eigtrt (8) structures- Mr' Kennedy indicates in his application that the purpose of the rezoning request is to allow the structures on the construction of l t aboitionat multi-farnily dwelting units in three (3) new petition that the new units property for a total of 50 dwelling units. He also indicates in the COOKEVILLE PLANNING COMMISSION 2 JULY 22,2013 would be of all brick construction. It should be noted that the city's current architectural were built' standards were not in effect at the time the existing multi-family dwellings The RIVI-8 zoning district allows multi-family development at a density of 5,000 square feet per dwelling unit. With a total land area of 4.6 acres or approximately 200,000 square feet, a total of 40 dwelling units could currently be located on the subject property' The CL zoningdistrict allows-multi-family development at a density of 3,000 square feet per dwelling iyrit. Should the proposed rezoninf b. upproved a total of 66 dwelling units could potentially be located on the property. prior to 2005 the subject property was zoned as RS-10, Single Family Residential. A request to rezone ttt. ptop.tty to LM, Light Manufacturing was denied by Jhe Planning Commission in octob.r oi zdo+. In November of 2005, following the acquisition of the property by Mr. Soard, a request was submitted to rezone the property to RM-14, Multi- hamily-Residential. Consideration of this request was postponed until December of 2005 due to concems regarding spot zoning. Between November and December 2005, Mr' for Soard acquired addltionai"orrtigrro.x properties increasing the area to be considered rezoning io approximately frve 1S; acres when including adjacen_t street right-of-way, which in the Planning nepartmeni's opinion reduced the potential f9r the rezoning to be considered as a spot'toni. In Decem6er 2005 the Planning Commission denied RM-14 zoning in rezoning but appioved the current RM-8 zoning. In recommending for RM-8 lieu of the requested RM-14 zoning,the Planning Department expressed concern regarding the density oi development that would be permitted with RM-14 zornng on properties accessed by streets ofless than collector status. A total 36 multi-family units were built on the property following the rezoning to RM-8' The eight (8) structures erected to house the 36 onits uppeat to have been situated in such a *uorr"i that additional units could be built on the property if it was rezoned for higher density. In May of 2007 the Planning Commission denied a request from Mr. Soard to ,.rrorr" the property from RM-8 to RM-14 so that additional units could be built on the property. niimary ton""*, specified for denying the request were the traffic impact on the local streets accessing the property and the potential negative impact on the contiguous single family residential -eu to the south. Mr. Soard appealed the Planning Commission's den-ial to the City Council and the Council denied the request in September of 2007. The twice previously requested and denied RM-14 zoning requires a minimum of 3,000 square feei per dweiling unit which is the same as currently requested CL zoning. The pl^anning Department has the same concerns regarding potential density with the current requestifrat ii had with the request in 2005. However, the current request does differ in at preliminary least some factors from the privious requests. First, according to a submifgd site plan, the additional planned units would be accessed from East 22"o Street which connects to North Washington Avenue, a major arterial street. Architectural design units' requirements are now in plice, which apply to the development of multi-family additional units. Lastly, the petitioner has indicated that he intends to construct only 11  3 COOKEVILLE PLANNING COMMISSION JULY 22,2013 are planned for a total While the petitioner indicates that only 11 more multi-family unitl be developed under the of 50 dwelling *itr, *ti"h is approximately 16 less than could units would not be built in the requested CL zoning, there is no assur*." titut additional 4'000 square feet per future. The propos"a SO units represent an approximate density of of the current RM-8 dwelling unit, which is between the minimumlot area requirements zoning(5,000 rqu* feet per dwelling unit) and the requested cL zoning (3'000 square feet per dwelling unit). would have much less impact Obviously the addition of eleven (11) more dwelling units than the potential developme nt ofil more units. The concern for the Planning Department (11) units should the is the inability to limit ihe additional units to the proposed eleven property b, ."zoneJ. One potential method to limit the number of units on the property restriction limiting the would be the prop.rty o*rr.r', voluntary enactment of a deed density on the ProPertY. Another possibility would be to split the zoning of the property' For example' rezoning enough of the property to CL, or possibly RM-i?, so the deiired additional 11 units could Single Family be constructed with the remainder down zoned to possiblV RS--l!' density of development could Residential would limit the development density. The fuiure feet of the westem be significantly limited by ."rooirrg approximately 50,000 square single family detached portion of the property, which would i"i"a. two (2j of the existing approximately 150'000 dwellings, to contiguous RS-10 zoning,and rezoning the remaining the square feet of th" ;;;;y, where Afifte existing mutti-family are located and where has indicatei the-additional units would be located, to RM-14' prtition., property own€rs opposed to the The Planning Department had been contacted by nearby rezoning request. The primary concerns specified *tt" i""'"ases in density' traffic' and has submitted a letter from the stormwater runoff detrimental to the area. The petitioner Pastor of the Life Church indicating that the church was not opposed to the location of additional apartments on the subject property approval of rezoning Staff recommended denial of request for CG zoning and conditional the property to RS-10 and the approximately 50,000 square feet of the western pottiott of to a survey being submitted by remaining eastern portion of the property to RM-14, subject the petitioner indicating these boundaries, with the purpose of limiting additional deveiopment to no more than 1l more dwelling units' about 10-15 years, and Jim Stafne stated that the planning Commission looks to the future with them' but if you look at the RM8 and RM14 zones, they each have 8 uses associated the cL has 358 uses which could be detrimental to the neighborhood' meeting from Mark & Regina Jim stafne rcad aletter that was presented to him prior to the The letter reads the Lee, who had to work and were unable to attend the meeting' in this area following: o''We are v"ry m,r"h against this. We have too many apartments zone' The into an apltmgnt already. This was a nice.neighborhood and now it is turning water that runs fi";;;*^^s;rili *r, *ross my property and attimes it is quite a lot. If an  4 COOKEVILLE PLANNING COMMISSION JULY 22,2013 my house that is at the dead-end of N' apartment complex is built thru there, it would flood ihe.one on 22nd Street' so please' no Maple @ zl(|North Maple. That house backs up to with apartments in that area'" more apartments around tiat area. We are already flooded stated that there has been a lot of Tereasa Maeda, property owner at626 E 21't Street, to their property' Mosquitos are flooding from the apartments on Denton and it runs down a problem in this area. Also, there will be more noise, trash, and additional water from and 21't hasn't sold' because of future development. The house on the corner of Denton added that they do not want more the multiple times that it has been flooded. Mrs' Maeda her & her husband Yutaka' were commercial or apartments in the neighborhood, and that both opposed to the rezoning request' lives at 2132 N' Maple Avenue Peggy Fragopoulos stated that her sister, Harriet Rowfan$, and she is opposed to the rezoning request. when Mr. Soard first applied for rezoning at the developer stated that they the Decemb er 19,2005 planning Commission meeting, didn't d9' btlt instead they would build a priuu"y Lrr." ,r.it to ft"t house, which they died and they have not been planted trees along--#, prop.rty line, some of the trees being dumped on her replaced. Some oi the bther reasons for opposition were trash property, traffic, and noise. that he lives across from the Chris Knox, property owner at 561Ryan Circle, stated opposed to more apartments being apartments on Washinglon Avenue *d thut he was studenls late at night built. Mr. Knox stated that he has problems with noise from college and they don't have and traffic. There is only one dumpster and it is always overflowing that hasn't sold because it is across adequate parking. There is a house in his neighborhood from the apartments. hates to see a residential area Hugh Adams, brother to Harriet Rowland, stated that he become overshadowed and blocked out tt apartments. It used to be a quiet neighborhood' The retention pond for the apartments it ftft.a up with trash' Mr' Adams requested that the property not be rezoned. ot22nd which is a dead end street Jim Stafne stated that he was concerned about the traffic was also concems about deed and that Denton Avenue is a very naffow road. He restrictions because the City cannot enforce them' was single famlly Jim woodford shared his concerns that the adjoining property is to improve the residences. Mr. Woodford added that the pu{pose and intini of zoning appearance of the community, to ensure .o*putiuitity of the land uses and to preserve the request for rezoning does none of the resources and character of the area. He felt that this property, which infringes on the above and could de-value the propertaJtft" neighboring rights ofothers. Kay Starkweather seconded Jim Woodford made the motion to deny the rezoning request' the motion and the motion carried *#rno,rrty. lpNffn nEZONTNC nnQUnST''  5 COOKEVILLE PLANNING COMMISSION JULY 22,2013 appeal the decision by submitting a written Jim Stafne stated that Mr. Soard has the right to days from tonight's meeting' request to the pfu*i"g bepartment wittrin lO THE ZONING CODE RELATIVE CONSIDER FOR ACTION AMENDMENTS TO THE RD & RS's ZONING TO TOWNHOUSES AS PERMITTED USES WITHIN REQUEST SUBMITTED DISTRICTS WHEN LOCATED IN AN RAO DISTRICT' has.prepared for BY STAFF. fames Mills stated that the Planning Department consideration amendments to the zoninj code to allow-.singie family_attached dwellings Singl- Family Residential and RD' (townhouserl u, ,rr", p.r*itted on revt.i" i" the RS-5, iingte and Duplex Residential zoning districts' Avenue identified within A significant portion of the area located west of North willow or revitalization is zoned as the cookeville 2030 Plan as being in need of redevelopment and Duplex Residential' single RS-5, Single Family Residential ot np, slrrgte Family uies within these zoning family attached dwellings (townhouses) are not permitted townhomes in these zoning districts. There is some Jonr.- that theinability to construct Area Overlay zottng in the districts will discourag" ,rtiiiration of RRO, Redevelopment area west of North Wiilow Avenue where RS-5 or RD is the underlying zoning' planning Department proposes amending the provisions of the To address this concern the permitted on review only when located RS-5 and RD Districts to allow to*nno.rLt u' "'"t would be as follows: within an approved RAO District. The specific amendments INSETt iN SECIiON 213, RS-5, SINGLE FAMILY RESIDENTIAL DISTRICT' SECtiON 2133 usESPERMITTEDONREVIEW,thefollowingprovisions: located within an approved Zl3.3C Single family attached dwellings (torvnhouses) when RAO, Redevelopment Area Overlay District DISTRICT LI4,RD,SINGLE FAMILY AND DUPLEX RESIDENTIAL INSCTT iN SECIiON the following provisions: Section 214.3USES PERMITTED ON REVIEW located within an approved 2143D Single family attached dwellings (tovrnhouses) when RAO, Redevelopment Area Overlay District Staff recommended approval of the amendments' Randy Dalton Dr.RoyLoutzenheisermadethemotiontoapprovetheamendments. APPROVED seconded the motion and the motion carried unanimously' AMENDMENTS. SQUARE' 36 LOTS CONSIDER FOR ACTION FINAL PLAT OF UNIVERSITY AVENUES AND WEST LOCATED BETWEEN NORTU Wtil,OW AND LAUREL JERRY GAw' James BY FY"oNffr';sr si4innnfs. nnQunsr suBMIrrED LLC' Jerry C' Gaw' Inc' and Mills stated that Mr. Aaron Bernhardt, oit U.frulf of Bernhardt  6 COOKEVILLE PLANNING COMMISSION JULY 22,2013 Pat Fitzpatrick, has submitted for approval a Final Plat for university square' University development located west of North Square is a 35 unit townhouse (singi.-A*ify attached) 8th Streets currently w'low Avenue and east of Laurer Avenue between west 7th and west under construction. approved a Preliminary Plat for the The Planning Commission, at its May 2013 meeting, with setback reductions In proposed a"r,.top-"ni of :S single family auacheddwJtingt that the city council enact an March of 2013 ttre planning co-mmission recommended in the submitted RAO RAO (Redevelopment Area overlay) zone for the area depicted pran. ordinance Number ol3-04-0g, establishing the RAo district for the subject area, was approved on second and final reading at by-t!9 City Council at its May 16' 2013 on meeting and it became effective on May li, ZOt'1. The Final RAO Plan was recorded July 11,2013. Tax Map 40O, Group A and consists The subject property is identified as Parcel 24'00 on Concept Plan depicted the of approximately 1.75 acres. The approved Preliminary RAO of approxim?tely .10. units over what development of 35 townhouses whiCh *u, un increase indicated that the dwelling could be constructed under cL zoning. Approved floo1p1ans units would consists of two (2) story dwelfnls with kitchen, living, and dining areas on the "(2) first floor *A t*o ta l.ai""ms and two baths lggated on the second floor' The West 7th and West 8th Streets and approved plan also in.trra.O reduced setbacks along Laurel Avenue. conforms to the In the opinion of the Planning Department the Final Plat substantially 35 townhouses clustered into Preliminary Plat and Final RAO Plan. The plat depicts^the three (3) groups of nine (9) units and one 1i; gtoup of.eight (8) units'- Sidewalks along rain garden for W; b1( Sir"i Laurel Avenue a.e .'rndli cinstiuction as well as the "ra storm water detention in lieu of a aetention pond' All of the units are accessed and addressed from the privute irrterio, drives and parking areas' No direct vehicle access from trees will be planted along all public streets to any dwelling has b.een proviied. Refuse collection will be provided with -Cu*py street frontages and street signage wil be installed. f also be provided' Final paving is the enclosed dumpste afea. A common mail areawill anticipated to be completed by th" first week of August' No financial guarantees are components' A Homeowners required due to the priiate nature of.all of the infrastructure private streets, utilities and common Agreement (HOAi r.g*iirg the maintenance of the #as is required within 15 days after the plat is recorded. plat subject to the submittal 0f the Staff recommended conditional approvar of the Final completion of any coffections or recorded Homeown"r, Agre"m."i lffOe) and the city departments' additions to the plat as dete-rmined necessary by the applicable Plat approval subject to the Jim Woodford made the motion to grant conditional Final and the completion of any submittal of the recorded Homeown-ers Agreement (HOA) corrections or additions to the plat u, i.t".-ined'necessary by the applicable city and the motion carried unanimously' departments. chris wakefield seconded the motion coNnrrroNA.L nrNA.L pLA,r A.prnovA'L' COOKEVILLE PLANNING COMMISSION 7 JULY 22,2013 STAFF'REPORTS: (1) MrNOR PLAT APPROVALS: O HASSLER DIVISION _ I LOT LOCATED ON LOCUST GROVE ROAD _ LLOYD HASSLER. ADJOURNMENT: 6:15 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING JAYNE BARNS CPS JIM STAFNE, CHATRMAN PLANNING ASSISTAIIT COOKEVILLE PLANNING COMMISSION