Planning Commission

COOKEVILLE PLANNING COMMTSSION MINUTES ocToBER 28, 2013 October 28,2013 at 5:30 p'm', in the The Cookeville planning Commission met on Monday, CouncilChambers,45E.BroadStreet,Cookeville'Tennessee' MEMBERSPRESENT:JimStafne,Dr.Angelo.yo-!",Dr.RoyLoutzenheiser,Judy Jennings, chris wakefield, Randy Dalton, bavid webb, Jim woodford, and Kay Starkweather. Barns, and Ken Young. STAFF MEMBERS PRESENT: James Mills, Jayne STAFF MEMBERS ABSENT: Jim ShiPleY' Roberson' Aaron Bernhardt' Alma OTHERS PRESENT: Jack Lynn, Dr. Sandi Smith, Will Anderson, Lauren Shibakov, and Tim Huddleston' CONSIDERFoRAPPROVALTHEAGENDAASSUBMITTED.JimWoodfoTdmade the motion to approve the agenda ut t"U-i[.a. Kay Starkweather seconded the motion and the motion carried unanimously' APPROVED' 23'2013' Dr' Angelo coNsIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 23' 2013' Kay Starkweather Volpe made tfr. ,rroiioo to approve the minutes of Septembet APPROVED' seconded the motion and the -btiott carried unanimously. CONSIDER FOR ACTION REZONING 218 & 233 E' 8rH STREET' 720' 734' 832' & 836 N. JEFFERSON AVENUE FROM RSls TO RS10' REQUEST SUBMITTED BY MATTHEW & JACK LYNN ON BEHALF OF' LYI\NDERS PARTNERSHIPO KATHERINEHILL,JOHNMCCAWLEY,SEAN&MICHELLEO'NEAL' BURGIN' James Mills SopHoNpHAN SRITHANYARAT-, ANu cnius & LAURA stated that the owners of six (6) properties located at 218 and 233 East 8th Street' 720' 734' properties from g32 andg36 North Jefferson Avenue have submitted requests to rezone their Family Residential. RS_15, Single namiiy n sidential to RS-10, Single The subject properties are located on the west side of North Jefferson Avenue between East north to East 9ft Street, the east side of .th and,East 9rn streets. Generalry no--guri oif,street west side is zoned as RS-15' This zoning North Jefferson Avenue is zoned as Rs-to and the configuration was based primarily * oiriirri lot size characteristics. The properties proposed the nor.th.an{ west' with RS-10 for rezoning are contiguous with UNV, Urriierrity zoningto The area is depicted in the Future zoningto the east, ani with RS-15 'oningto the ton11. density residential dev^elopment' RS-15 Land use concept plan as being best suiteli for lower residential land use classification' and Rs-10 zoningboth fit within the lower density request from Mr'.Thomas Lynn to At the May 2013 meeting of the Planning Commission,^a rezone his property located at2l8f,uJg'f street from RS-15 to RS-l0 was denied' Concems were potential spot zoning if Mr' Lynn's expressed by the pianning Commission in May property for the inclusion of a larger property was rezoned by itself and opposition frtm one  2 COOKEVILLE PLANNING COMMISSION ocToBER 28, 2013 three (3) property ownell 199u1"d north of his area. Mr. Lynn had indicated that two (2) of locat ed at 832 and 836 North Jefferson property on the *"rt ,id" of North r"rzusott Avenue properties in the rezoning' Avenue were not oppot"O to the inclusion of their in that three (3) additional properties This request differs from the request submitted in May gth street have been included and that the owners to the south of the rv* property at2rgEast property have officially requested of the two (2) of the properties to the north of the Lynn property to the north at 824 North rezoning. Ms. Nancy Pardue, the owner of the third property, continues to be opposed to the Jefferson Avenue and contiguous with the Lynn ittdicating her reasons for opposition' rezoning. Ms. Pardue has subLitted "orr"spond"ttt" intended for single family residential use' The RS-15 and RS-10 districts are both primarily lot size requirement' with the RS- The basic difference between the districts is the minimum 15 district requirinj ii,ooo square feet and the Rs-10 district requiring 10,000 square feet. requirements, with a width of 100 The districts also differ in minimum lot width at setback in the Rs-10 district' feet required in the RS-15 district and75 feet required Jefferson Avenue and233 East 8th Street The parcels located at734,824,832,and 836 North each have a land area of significantly less than 20,000 square feet and could not be subdivided has a land area over 20'000 if rezoned to RS-10. The property atT2}North Jefferson Avenue the square feet and p"t""ti"rrv be subdivided; however, subdivision would require "orto at 218 East 8th Street' which is owned approval of a variance for a flagf"t. ftt. putcel located could potentially be subdivided by Lynn, consists of approximately 30,0b0 square feet and into three (3) lots if rezoned to RS-10' evaluated the possible In studying the requests for rezoning the Ptaryilg^Pepartment Avenue' The inclusion of this leffersbn inclusion of an eighth property locat"J? iOA Notttt placing the zoning line between the property would provide u *or" u ttonlogrnous area-.by RS-10 and RS-15 ;i;;il;;;Jii str!"t. According to Mr. Lvnn, he contacted the owner inclusion in the rezoning; of the property located at 706 North Jefferson Avenue about This property consists of over 20'000 however, the property owner did not t"Utnit a request' (8) square feet and could potentially besubdiuided into two (2) pur."lr if rezoned. If all eight from East 7th Street north to the University parcels on the *.ri rid" of Nortir Jefferson Avenue then potentially three (3) additional District zoning ut il"J-q;f sil; *"r. ,""oned to RS-IO, parcels for single family residences courd be created through rnbdiuirion of existing parcels' to RS-10 properties located at706'720' Staff recommended approval of rezoning from RS-15 and'233 East 8th Street' 734,824,832 andg:6 North Jefferson ,*iu"rrrr" and2l8 appeaftnce of the neighborhood' but he Jim woodford stated that the plans will improve the zoning was when he purchased the was still concerned that the developer tnew what the- develop-r coming back to the Board so property. Mr. Woodford was also concerned about the soon after they denied his first rezoning request' enhance the neighborhood' Randy Dalton thought that the new house plans would COOKEVILLE PLANNING COMMISSION 3 ocroBER 28,2013 Dr. Roy Loutzenheiser stated that the Planning Commission can't base their decision on plans that are being shown, because the developer'i plans could change. Dr. Loutzenheiser added is that he has trouble supporting rezoning pr-operty when the property owner directly affected opposed. Sandy Smith, property owner at 829 North Jefferson Avenue, was opposed to the rezoning whicir would utto* three lots. She felt that the zoning should stay RS15, so there will only be 2 lots for consistency in their neighborhood. Jack Lynn stated that they bought the property on the corner of E. 8th Street and North Jefferson Avenue because his sister owns the lot across the street. Chris Wakefield stated that the Board has been burned by rezonings in the past by Developers showing pictures of what they are proposing, then plans change and something else is built. Dr. Angelo Volpe was concemed that the resident most affected being opposed to the rezoning request. Randy Dalton made the motion to approve the rezoning request with the addition of 706 and 824 North Jefferson Avenue. Chris Wakefield seconded the motion. Votes: Jim Stafne - dYe, - Dr. Angelo Volpe - &Ya, Dr. Roy Loutzenheiser - n&y, Judy Jennings - nay, Chris Wakefreld - ilYa' Randy Dalton - dya, David Webb - aye, Jim Woodford - ff&y, and Kay Starkweather Motion Canied. G F'RO RS15 TO RSr0 218 & 233 E. A CONSIDER FOR ACTION PRELIMINARY PLAT OF LIBERTY PLACE' PHASE I' 24 LOTS LOCATED ON EAST SPRING STREET. REQUEST SUBMITTED BY JERRY GAW. James Mills stated that Jerry Gaw and Aaron Bernhardt have submitted for approval a preliminary Plat of Liberty Place Fhase I, a propo sed 24lot single family attached residential development of their property located on East Spring Street. The property proposed for development is identified on Tax Map 53M Group B as Parcel2'00 and consists of approximately 9.f8 total acfes. The parcel is zoned CG, General Commercial and is adjacent to properties zoned CG as well as CR, Regional Commercial to the east and RS-10, Single Family Residential to the southwest. Section 222.3 of the Zoning Code stipulates th-at single family attached dwellings (torvnhouses) are allowed in the CG district as u .rr" permitted on review, subject to the submission of a plat in accordance with the Cookeville Subdivision Regulations. The property is proposed to be fully developed in five I phases with approximatelf 80 total lots. Phase consists of 24 building lots and the construction of all the new streets and utilities for the entire project. A looped street network is proposed to serve the new development with two access points to proviie ingress and egress to East Spring Street. No names have been proposed for the new along streets. The streets urJ propored with exiruded curbing and a four foot wide sidewalk one side. The developeir hurre submitted drainage and street construction plans to the Public Works Department. iy'ater is available to connect to the existing 14 inch water line located in is the right-of-way of East Spring Street and the lots will be served by a master meter. There  4 COOKEVILLE PLANNING COMMISSION ocToBER 28, 2013 portion of the parcel within a 30 an 18 inch sewer line traversing east-west in the southem Department of water Quality foot wide sewer easement. The developers are working with the fire hydrants that will control on the water and sewer plans as well as the location of new meet the spacing requirements of the srrbdiuision Regulations' All common areas' streets and via a Homeowner other infrastructure improvements are private and will be maintained Association Agreemerri thut will be reqrrired upon final plat recording' No portion of the subject property is located in a Special i'tood Hazard Area according to the Flood Insurance retention aleas according to the Rate Maps for the ur"u, no, *. th.r. indications of sinkhole available GIS data. plat subject to the following: Staff recommended conditional approval of the preliminary o Developer must schedule and attend a pre-construction meeting with all the appropriate city departments, o Developer understands and agrees that all right-of-ways must be cleared prior to any installation of utilities, o Developer will work with Public works to establish appropriate radius at street intersections, o on the new streets and Developer must provide utility easements along road frontages and along .*irting streets u, ,"q,r",i"d by the utility departments' necessary by the Planning o completion of corrections or additions to the plat as determined Department andlor other appropriate city departments' of the residents coming Dr. Roy Loutzenheiser stated that he was concerned with the safety Street' He suggested that the speed out of this development and the speed limit on East Spring limit be reduced from 45 to 35 miles per hour' East Spring Street now by Stroud's Judy Jennings stated that it was dangerous to pull out onto BBQ due tolhe traffic and the current speed limit' Plat approval' subject to Randy Dalton made the motion to grant conditional Preliminary and the motion carried staffls recommendation. Dr. Angelo-votp" seconded the motion unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL' NORTH' 5 LOTS CONSIDER FOR ACTION FINAL PLAT OF ST. JAMES BY JERRY LOCATED OFF SOUTH WALNUT AVENUE. REQUEST SUBMITTED a Final Plat of St' GAW. James Mills stated that Mr. Jerry Gaw has submitted for approval of his property development James North, u n*-fsl lot single family attached residential place development. The Planning l0cated off south walnut and adjacent io his St. James the requirement that a cul-de- Commission granted variances requested by Mr. Gaw to waive a new sidewalk along the private sac be constructed and to waive the requirement to construct preliminary approval in20l2' ingress/egres, frontin! the new lots when the plat received The development property is identified on Tax Map 53O Group C as. Parcel 10'00 and consists of approximately .456 u"r"r.-ih" subjectparcel as well as parcels to the north and attached dwellings (townhouses) are east are zoned CG, General Commercial. Single family  5 COOKEVILLE PLANNING COMMISSION ocToBER 28, 2013 ausepermittedonreviewintheCGdistrictsubjectto-theprovisionsofSection222.3{ofthe to the south is zoned RM8' Multi-Family ZontngCode. The St. James Place ,uldiui'ion ingress/egress the site will be private, incruding the Residentiar. Arl of the infrastructure on easementwiththeproposednameofSt.ramesNorth.Thereisanexistingsidewalkalongthe elements' Repair and maintenance of all common property frontage on South walnut a\r"rrrr". access easement will be covered under a including the private pennanent vehicular of the homeowner's association agreem"rrt tttut *"st be submitted in tandem with recordingnear the area for sanitation trucks Final Plat. The developer is "onrt u.in;-; t"**ound of to the site. This is shown on th. Tract r common area of the prat. The Director entrance lieu of a approval lo allow the turnaround in Public Works, Greg Brown, submitted *itit" Mr' Brown has The new private street, st. James No'tt" i' still under construction' cul-de-sac. determined that a f.tt., of credit it";; ;ount of $12'000 is acceptable to guarantee 10% for This amount includes Uur" .t*", asphalt, the concrete entrance and completion. of improvements is contingencies. Due to the private nature of the infrastructure, no warranty required. located in the right- The site is served by the existing 8 inch sewer line and 6 inch water line agreed to allow of-way of South Wif""t Avenuel -1he Water Qualrty Control Department has fire hydiant located at the northem the developer to use a master meter. An ixisting to intersection of south warnut Avenue *a st. James Fru". is within the required proximity located in a provide fire protectiol to the new N" pottiol of the subject property.is l"; to area' Due the ilood Insurance Rate Maps for the special Flood HazardArea according to is on the nature of the adjacent property ,rr.r, ,to additio,tul screening or buffering required the site. ) of the Final Plat subject to the following: Staff recommended conditional approval amount of $12,000 for the completion of the o Submission of Financial Guarantee in the private street/permanent vehicular access easement' plat' and o Agreement upon recording of the Submission of the Homeowner Association o Completion of corrections or uddi ior* to ihe plat a; determined necessary by the city departments' Planning Department and/or other appropriate Final Plat approval' subject to staff s Randy Dalton made the motion to grant conditional the motion and the ntoiion carried unanimously' recommendation. chris wakefierd seconded CONDITIONAL PLAT APPROVAL. CONSIDERFoRAcTIoNPRELIMINARYPLAToFTHECOTTAGES,49LOTS ROAD' REQUEST LOCATED OFF MCCULLEY RO;D AND SPRINGBORO that Mr. Tim Huddreston has By rIM H'DDLEST'N. James M'rs stated p.roqosed 51 lot single family a ''BMITTED resubmitted for approval a Prelimit ury but of The cottages'Spii"gUoro Road and south of residential development of his propJrry^ Jt*"a northif granted preiiminary approvar in July 2010' Mccu'ey Road. This development was triginarly tl January of 2012' g,"trtJa in July of 2011 Six month extensions of the upp.ouui*LrJ "i9 The subdivision Regulations allow no more ih* t*o extensions of preliminary plat approval'  6 COOKEVILLE PLANNING COMMISSION ocToBER 280 2013 Mr.Huddlestonthenresubmiuedtheplatandwasgrantedconditionalapprovalfortwelve months by the planning Commissio" o"JJv 23,201i which expired on July 23'2013' on Tax Map 52 as Parcel 49'00 and The property proposed for development is identified (both parcel was rezoned from RS-20 to RS-10 consists of approximately 15.50 acres. This one new singre family r"rio"rffi in 2010. All of the adjacent properties are zoned Rs-20. will connect at Springboro Road in the south road with the proposed name of "Cottage Way" and at McCulley noui in the north in-ord"r io provide two points 9!$tttl and egress' In a proposed ,rurn. of "Bishop Lane" that will addition, the plat depicts a new cul-de-sac with new streets are proposed with serve the lots in the western portion ;}-,}rg ;;p"nty..The gutter on both sides' integrul extruded mountable "ttibing and 2010 the developer was granted a At the time of the original preliminary appro,vll in July At the variance to reduce the required right-of-way of the new streets from 45 feet to 40 feet' granted a variance to reduce the diameter of new cul-de- same meeting the deveroper also was 80 pavem3nt diameter remaining at the required sac right-of-way from iOb to 90 feet;ith.h; construction along the front of all the feet. A new four foot wide sidewulL i, proposed for for the development which is currently interior lots. A new six inch waterrir."il pi"p"sed planned to connect to the existing ,i, in"tt waterrines located in the right-of-ways of that will meet the Springboro and McCulley. New hyd;;;; fropos"d for the development spacing requirements of the regulations' the City regarding the provision of public In 2010 the developer reached an agreement with property sewer in the g"rr..il area. This prop.t ttut been completed and the plat shows the **I-.3"ality control will be served by the newly installed eight-inch "*"t.line' .The approved p"ropored sewer infrastructure previously Department reports that the ptans for it. shown on the plat' existing structures located by the State of Tennessee are still in effeci. As located partially in the area of Lot 1' on Lot 39 areto be removed as well as u hou,. to the a Special Flood HazndArea according No portion of the subject property is located in of aportion of Lot 39 and the area the Flood Insurance Rate Maps for the area. Howeret, new street 'ocottage way" are indicated as intersection of springboro Road una tn" proposed prepared by being in a sinkhole ietention *"u u""orii"g i" ttt sinkhole Floodplain Report and area is shown on the plat as 1'122 feet TTU and adopted by the City. The .t.uutiorr"of this retention and shows preliminary storm water is labeled as an unbuildable area. The plat also_ boundaries of the subject property' The areas detention areas along the western uttaiutt.* The developer a75 feetwide TVA easement' along the western property boundary are within to locate any drainage features within will be required to sutmii written approval from TVA is dedicating right-of-way along both this area. Finarly, as shown on the prut, irr..a.veloper to the property boundary as required by existing roads measuring 25 feetfrom the centerlines the regulations. the preliminary plat subject to the following: Staff recommended conditional approval of all the appropriate r Developer must schedule and attend a pre-construction meeting with city departments,  I COOKEVILLE PLANNING COMMISSION 0CTOBER 28' 2013 must be cleared prior to any o Developer understands and agrees that all right-of-ways writren rvA approvar for location of drainage features to be . il:*ti:l:l **ttJffiit and plan and pronre yith {orm sewer . f:lf,:Jl*:|",ilf,.';':il"#u, Department construction p"bii;wottr. pr* rrruu include typical road section' sidewalk details to the subgrade, base width, asphalt width"fand 3:1 slopes' oDeveloperwill*o,r.withPubli,.wo,t.,toestablishappropriateradiusatstreet on the new streets and . provide utility easements along road frontages il:"ffiTr:r%st by the utility departments' and along existing ,,'J"* ut tequesied by the Planning the ptut u' determined necessary o Completion of "onection, or additions iodepartment' ;;;;"nt and/or other appropriate city aPProval, subject to grant conditional Preliminary Plat Jim Woodford made the motion to and the motion carried Staffl s recofirmendation' Kay Starkweather seconded the motion unanimouslY to take the following item rotjlldv' Randy Dalton Dr. Angelo volpe made the motion secondedthemotionu,,a.r'.motioncarriedunanimously.STUDYITEM. (1)CONSIDERFORSTUDYREZONING440EASTBROADSTREETLOCATEDIN Drsrriiar FRoM Rsio tsr\glT:{$yrly) ro cL A HrsroRrc ovERLy SHIBAK.' nnb-unsr iunwrrrinri sv LAUREN (LocAL covrvrnncrAl). ON BEHALT ON ROBERSON PROPERTIES' STAFF REPORTS: n, yt#,H*tl,ti|rlr"ff3i'rrou"* - cAw DrvrsroN - 1 Lor LocArED oN _ AARON BERNHARDT' WEST BNOAD SiNggT ADJOUR|IMENT: 6:14 P'M' SUBMITTED FOR RECORDING SUBMITTED FOR APPROVAL JIM STAFNE, CHAIRMAN JAYI\E BARNS CPS COOKEVILLE PLANNING PLANNING ASSISTANT COMMISSION