Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 23, 2015 The Cookeville Planning Commission met on Monday, February 23, 2015 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, David Webb, Jim Woodford, Kay Starkweather, Leslie Sullins, and Tracy Cody. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, and Mike Davidson. STAFF MEMBERS ABSENT: Jim Shipley. OTHERS PRESENT: Bruce Jones, Debbie Jones, Travis Jones, Phil Wilbourn, Ryan Mack, Bob Jett, Dave Allmon, Hunter Kaller, Jacqueline Burks, Horace Burks, Aaron Bernhardt, Patsy Cleage, Robert Lollar, Tiffany Lollar, Gary Martin, Jim Viar, Donna Viar, Pat Jordan, Seth Hudson, Mac Jones, Laurin Mack, Sharon Martin, Howard Allison, LaShawn Jones, Lindy Lynn, Jack Lynn, Deborah Sam, Thomas C. Lynn, Laura Militana, and Barry Reese. CONSIDER FOR APPROVAL AMENDING THE AGENDA TO ADD THE FOLLOWING TWO STUDY ITEMS: CONSIDER FOR STUDY REQUEST FOR RAO (REDEVELOPMENT AREA OVERLAY DISTRICT) FOR PROPERTIES IDENTIFIED AS PARCELS 8, 10, 15, 16, 17 ON TAX MAP 40O, GROUP A LOCATED ON LAUREL AVENUE AND WEST 8TH & 9TH STREETS. REQUEST SUBMITTED BY AARON BERNHARDT, JERRY GAW, AND PAUL GAW; AND CONSIDER FOR STUDY CLOSURE, ABANDONMENT AND DECLARATION AS SURPLUS PROPERTY A PORTION OF LAUREL AVENUE LOCATED BETWEEN WEST 8TH & WEST 9TH STREETS. REQUEST SUBMITTED BY AARON BERNHARDT. Leslie Sullins made the motion to approve the amended agenda. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 26, 2015. Kay Starkweather made the motion to approve the minutes of January 26, 2015. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION AMENDMENT TO THE ZONING CODE TO ALLOW BY RIGHT OR BY SPECIAL EXCEPTION A COLUMBARIUM IN THE CBD (CENTRAL BUSINESS DISTRICT). REQUEST SUBMITTED BY PAT JORDAN ON BEHALF OF THE FIRST UNITED METHODIST CHURCH. James Mills stated that Ms. Pat Jordan, on behalf of First United Methodist Church, has submitted a request for an amendment to the Zoning Code to allow columbaria as a use permitted by right or by special exception in the CBD, Central Business District. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 23, 2015 A columbarium is a place for the storage of funeral urns. Columbaria are currently not specifically addressed in the Zoning Code. In the opinion of the Planning Department they would be categorized in the same land use classification as cemeteries and mausoleums. Standards for cemeteries and mausoleums are provided in Section 206.5 of the Zoning Code. Cemeteries are required to be located on sites of at least 10 acres and mausoleums are required to be located on sites of at least 2 acres when not located in a cemetery. Additionally all structures located within a cemetery, including mausoleums, are required to be setback a minimum of 100 feet from any property or right-of-way line. Section 206.4 of the Zoning Code allows cemeteries as accessory uses for churches and similar places of worship provided the provisions of Section 206.5 of the Zoning Code are met. However, Zoning Code Section 234 “Chart of Permitted Land Uses by Zoning District” does not list cemeteries as a use permitted by right or by special exception in the CBD. First United Methodist Church is located on Spring and Broad Streets at Dixie Avenue and the property is zoned as CBD. The church has indicated a desire to locate a columbarium on a small enclave of their property off Spring Street. To utilize the site for said purpose a number of amendments to the Zoning Code are necessary. These amendments would include amending the provisions Sections 219, Central Business District, and 234, Chart of Permitted Land Uses by Zoning District, to depict columbaria as permitted uses in the CBD. A primary reason for prohibiting cemeteries and, to a lesser degree mausoleums, in the CBD is the amount of land area typically needed to operate such uses. A second reason for the prohibition is the permanency of such uses. Columbaria, unlike cemeteries, typically do not require large tracts of land and can be relocated, if necessary. In addition to amendments to Sections 219 and 234, amendments to Sections 206.4, Churches and Similar Places of Worship, and 206.5, Cemeteries and Mausoleums, would be necessary to allow a columbarium on the First United Methodist Church property. Section 206.4 would need to be amended to indicate that columbaria could be permitted as accessory use to churches. Section 206.5 would need to be amended to address columbaria and provide specific standards. The following amendments are proposed by the Planning Department. • Amend Section 202, Construction of Language and Definitions, to include the following definition: COLUMBARIUM: A place for the public storage of cinerary urns. Columbaria can be either freestanding units, or part of mausoleum or another structure. • Amend Section 206.4 to read as follows: SECTION 206.4 CHURCHES AND SIMILAR PLACES OF WORSHIP The following additional standards shall apply to all churches and similar places of worship: COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 23, 2015 206.4A In the RS-20, RS-15, RS-10, RS-5, and RD Districts a minimum lot area of two (2) acres shall be provided plus an additional one (1) acre per every additional fifty (50) seats exceeding 250 seats to seating capacity. 206.4B When adjacent to lots zoned or used for single or two-family residential purposes a Type 2 Screen/Buffer Yard as specified in Section 208 of this Zoning Code shall be provided along all shared lot lines. 206.4C Cemeteries, with or without mausoleums and/or columbaria, shall be permitted as an accessory use provided the provisions of Section 206.5 of this Zoning Code are met. 206.4D Mausoleums and columbaria not located within a cemetery shall be permitted as accessory uses to churches and similar places of worship not located in the RS-20, RS-15, RS-10, RS-5, and RD Districts provided the provisions of Section 206.5 of this Zoning Code are met. 206.4E Childcare centers shall be permitted as an accessory use only when the church structure is located on a street with a classification of no less than major collector status. The provisions of Section 206.7 of this Zoning Code shall also be met. 206.4F Private and parochial schools shall be permitted as accessory uses only when the church structure is located on a street with a classification of no less than major collector status. The provisions of Section 206.8 of this Zoning Code shall also be met. 206.4G All play areas and other areas of outside activity shall be setback a minimum of 100 feet from all adjacent properties zoned or used for single-family residential purposes except when in the opinion of the Building Official said adjacent properties are uninhabitable the setback shall only be twenty (20) feet. • Amend Section 206.5 to read as follows: SECTION 206.5 CEMETERIES, MAUSOLEUMS AND COLUMBARIA The following additional standards shall apply to all cemeteries, mausoleums and columbaria: 206.5A Cemeteries shall be located on sites of at least ten (10) acres and shall have direct access to a public street. When located as an accessory use to a church or similar place of worship this minimum lot area requirement shall be in addition to any minimum lot area requirement for said church or similar place of worship. COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 23, 2015 206.5B A mausoleum not located in a cemetery shall be located on a site of at least two (2) acres. 206.5C The site proposed for a cemetery shall not interfere with the development of any major streets as proposed on the Cookeville Major Street Plan. 206.5D All structures located in a cemetery of a height of six (6) feet or over, including, but not limited to mausoleums, columbaria, monuments, and buildings shall be set back at least one hundred (100) feet from any property line or street right-of-way line. Mausoleums and columbaria not located within a cemetery shall comply with the applicable building setback lines for the zoning district it which they are located. 206.5E All graves or burial lots shall be set back at least thirty (30) feet from any property line or street right-of-way line. 206.5F Cemeteries, mausoleums and columbaria shall be developed and operated in accordance with the applicable provisions of the Tennessee Code. Staff recommended approval of amendments to Zoning Code Sections 219, 234, 206.4 and 206.5. Dr. Roy Loutzenheiser stated that since this is a new concept and that we may have to put more restrictive setbacks on this use in the future. Jim Woodford made the motion to approve the amendments as recommended by Staff. Leslie Sullins seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 750 WHITSON AVENUE FROM RS15 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY SETH HUDSON ON BEHALF OF BARRY REESE. James Mills stated that Mr. Seth Hudson, on behalf of property owner Mr. Barry Reese, has submitted a request to rezone from RS-15, Single Family Residential to RM-8, Multi- family Residential property located at 750 Whitson Avenue. The subject property is identified as Parcel 33.00 on Tax Map 66C, Group and consists of approximately 14.9 acres. It is contiguous with properties zoned as RS-15, Single Family Residential to the east and north, zoned as CR, Regional Commercial and PCD, Planned Commercial Development to the south, and zoned as CI, Commercial-Industrial Mixed Use and CG, General Commercial to the west. Located to the east and north are single family dwellings, to the southwest is the Walmart shopping center, and to the west is the Cookeville Police Department’s vehicle impounds lot. The property’s sole street access is from a 30 feet wide undeveloped right-of-way extending from Whitson Avenue. The parcel is encumbered by a number of small streams and a significant sinkhole flood plain area is located in the southern portion of the property. COOKEVILLE PLANNING COMMISSION 5 FEBRUARY 23, 2015 The RM-8 zoning district is intended to provide a moderate-density multi-family, two- family and single family residential environment in areas where public sewer is available. Public sewer, water and electric service are available for the subject property. The minimum lot area per dwelling unit requirement in the RM-8 district is 5,000 square feet. Based on a land area of 14.9 acres, or 649,000 square feet, approximately 129 dwelling units could be located on the subject property under RM-8 zoning. Approximately 43 dwelling units could be located on the property under the present RS-15 zoning. Mr. Hudson indicates in the submitted application the reason for the rezoning is to allow the development of townhouses (single family attached dwellings) and single family detached dwellings. Townhouses are not a permitted use within the RS-15 district. Townhouses and condominiums, subject to specific conditions, are uses permitted in the requested RM-8 zoning upon the review and approval of a subdivision plat by the Planning Commission. Mr. Hudson has informed the Planning Department that the property owner has placed, or intends to place, deed restrictions on the property prohibiting it from being used for multi-family residential (apartments) purposes. It should be noted that the development of the property into more than 20 single family dwelling units under the existing or requested zoning will require the provision of a second access point. Mr. Hudson has informed the Planning Department that an agreement has been reached with an adjoining property owner along Whitson Avenue for property to provide a second access point. The Cookeville 2030 Plan primarily depicts the property as being suitable for local commercial development. It also depicts the extension of a street (Commerce Avenue) from Whitson Avenue through the property to Veterans Drive. The Public Works Department examined the feasibility of the street extension a few years ago and determined that, due to the physical constraints on the subject property, construction of the street was not financially feasible. In the opinion of the Planning Department, the development of the subject property for moderate density single family residential purposes would be a suitable transition from the intense commercial/industrial land use to the west and the concentrated lower density single family residential use to the east. There are some concerns about the potential development of the property for multi-family purposes if it rezoned to RM-8. If, as the petitioner has indicated, a deed restriction is recorded prohibiting the property from being used for multi-family residential purposed, then the requested rezoning would appear to be appropriate. Staff recommended approval of the rezoning request. Dr. Roy Loutzenheiser stated that his background is in transportation and he was concerned about the impact of traffic coming in and out on Whitson Avenue. The zoning change will triple the amount of units that can be developed on this property. Whitson Avenue is sufficient for single family homes but will be a problem when additional units are built. COOKEVILLE PLANNING COMMISSION 6 FEBRUARY 23, 2015 Seth Hudson of HD Homes stated that he was lived next to this property for 34 years. The property in question has been for sale for several years. Mr. Hudson added that he talked to the residents on Whitson Avenue but due to the weather was unable to talk to the residents on South Maple Avenue. The plan is to build high end townhomes. They have contacted Garry McNabb, who owns commercial property adjacent to this lot, in order to gain access to his property in order to construct a second entrance. Bruce Jones, 495 South Maple Avenue, stated that he received his letter dated February 9th on February 11, 2015, but felt that the City should have notified all of the residents on South Maple Avenue and Capshaw Woods. Mr. Jones added that he has lived at his residence for 35 years and he was concerned about the following: impacts of water drainage, additional traffic, environmental issues and property values. Barry Reese, property owner of the property at 750 Whitson Avenue, stated that their development would not devalue the neighbor’s properties. Seth Hudson requested that the Planning Commission postpone voting on this rezoning until they can meet with the neighbors and address their concerns. James Mills announced to the audience that there would not be any letters sent out to the surrounding property owners concerning the March 23rd meeting. Dr. Roy Loutzenheiser made the motion to postpone the rezoning request until March 23, 2015. Judy Jennings seconded the motion and the motion carried unanimously. POSTPONED UNTIL MARCH 23, 2015. CONSIDER FOR ACTION REZONING 20.5 ACRES LOCATED AT 1400 WEST 12TH STREET FROM CL (LOCAL COMMERCIAL) AND RS10 (SINGLE FAMILY RESIDENTIAL) TO RM8 (MULTI-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY MAC JONES OF HAMMOND JONES DEVELOPMENT ON BEHALF OF GLADYS COUNTISS PRESLEY. James Mills stated that Mr. Mac Jones, of Hammond Jones Development on behalf of property owner Ms. Gladys Countiss Presley, has submitted a request to rezone from CL, Local Commercial and RS-10, Single Family Residential to RM-8, Multi-family Residential a portion of property located at 1400 West 12th Street. The subject property is identified as a portion of Parcel 58.00 on Tax Map 39 and consists of approximately 20.5 acres. It is contiguous with properties zoned as RS-5, Single Family Residential to the east, as RS-15, Single Family Residential to the south, as CL and RS-10 to the west, and with un-zoned properties located outside the corporate limits to the north. Approximately 8.5 acres of the property proposed for rezoning is zoned as CL and approximately 12.0 acres is zoned as RS-10. The northern portion of the property is encumbered by a blue line stream paralleling West 12th Street, a pond and potential wetlands and at least two (2) other smaller streams traverse the property. According to the Cookeville Public Works Department a riparian zone, 30 feet width, must be provided on either side of the blue line stream. COOKEVILLE PLANNING COMMISSION 7 FEBRUARY 23, 2015 The Cookeville 2030 Plan depicts the northern portion of the property along West 12th Street as being best suited for mixed density residential development and the southern portion as being suited for lower density residential development. The RM-8 zoning district is intended to provide a moderate-density multi-family, two-family and single family residential environment in areas where public sewer is available. The minimum lot area per dwelling unit requirement in the RM-8 district is 5,000 square feet. Based on a land area of 20.5 acres, or 893,000 square feet, approximately 178 dwelling units could be located on the subject property under RM-8 zoning. Multi-family residential use is a permitted use on the portion of the property zoned currently as CL at a density of 3,000 square feet per dwelling unit. On the estimated 8.5 acres, or 370,000 square feet, of the property zoned as CL approximately 123 dwelling units could be constructed. Approximately 52 single family dwelling units could be constructed on the remaining 12.0 acres, or 522,000 square feet, of the property zoned as RS-10. Assuming the property was developed at its maximum density under the current zoning the total potential density under the proposed zoning would represent an increase of approximately three (3) dwelling units. Mr. Jones indicates in the submitted application that the reason for the requested rezoning is to allow the development of multi-family housing for students. A preliminary site plan submitted with the application depicts the location of 156 dwelling units in 13 buildings and a clubhouse. The Planning Department has recently met with officials from Tennessee Tech University about the need for student housing. These officials indicate that the University has no plans for the construction of additional on-campus student housing and that approximately 70 student housing units have actually recently been removed for planned campus improvements. Based on this information and University projections for the student population to reach 15,000 in the near future, it would appear that there may be need for additional student housing. Public sewer, water and electric service are available for the subject property. A sewer pump station is located at the northwest corner of the property. Discussions with the Cookeville Water Quality Control Department indicate, however, that the pump station and existing pressure lines are inadequate for significant development of the subject property. The developer/land owner would be responsible for any sewer system upgrades necessary to develop the subject property under the current or requested zoning. The developer’s engineer, Mr. Gary Martin, has informed the Planning Department that the developer is aware of his responsibility to complete any needed sewer system improvements. Staff recommended approval of the rezoning request. Mack Jones of Hammond Jones Development Company from Austin, TX and Gary Martin the Engineer for the development provided photographs showing what the development was going to look like. The units will be furnished with granite counter tops, internet and cable. They only allow 1 person per bedroom and they do a criminal check on each resident. Parties are not allowed. They will have on site management, security with control access gates, directional lighting on the parking lots and security cameras. The rental will be $450 to $520 per bedroom. COOKEVILLE PLANNING COMMISSION 8 FEBRUARY 23, 2015 The first phase will have 84 units and the second phase will have 40-48 units. Mack Jones stated that he would agree to leave up to a 120’ buffer and the existing trees if it would help the adjoining neighbors. Horace Burks, property owner at 1060 Hawthorne Avenue, stated that he purchased 30 acres of land to buffer his property from adjoining vacant tracts of land. He was concerned that he will have several hundred college students at his front door and that the development would destroy the value of his home. Jackie Burks shared her concerns about the additional noise from the cars from this development and the impact that this development will have on the wildlife in the area. James Mills stated that the minimum buffer yard required is 20’ with a Type 2 screen, and according to the site plan submitted by the developer they are showing a 100’ buffer to the rear of their property. Mr. Mills advised that a 100’ wide area along the southern boundary could be left zoned as RS-10 to ensure that a buffer area is provided adjacent to the Burks. Jim Stafne stated that one of his goals as a planning commission member is to protect single family neighborhoods. Jim Woodford made the motion to approve rezoning 20.5 acres located at 1400 West 12th Street from CL (Local Commercial) and RS10 (Single-Family Residential) to RM8 (Multi- Family Residential). Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED REZONING TO RM8. CONSIDER FOR ACTION REZONING 726 WEST END STREET FROM RS10 (SINGLE FAMILY RESIDENTIAL) TO RD (SINGLE FAMILY AND DUPLEX RESIDENTIAL). REQUEST SUBMITTED BY PAM EALEY ON BEHALF OF PUTNAM COUNTY HABITAT FOR HUMANITY. James Mills stated that Ms. Pam Ealey, on behalf of property owner Putnam County Habitat for Humanity, has submitted a request to rezone from RS-10, Single Family Residential to RD, Single Family and Duplex Residential property located at 726 West End Street. The subject property is identified as Parcel 42.00 on Tax Map 53H, Group A and consists of approximately 16.19 acres. It is contiguous with properties zoned as RS-10 to the north and east and with properties zoned as CI, Commercial-Industrial Mixed Use to the south. The southern boundary of the property borders the right-of-way of the Nashville & Eastern Railroad. West End Park is adjacent on the north side of West End Street. The RD zoning district is intended to provide a moderate-density single and two-family residential environment in areas where public sewer is available. Public sewer, water and electric service are available for the subject property. The minimum lot area per dwelling unit requirement in the RD district is 5,000 square feet. Based on a land area of 16.1 acres, or 701,000 square feet, approximately 140 dwelling units could be located on the subject property under RD zoning. Approximately 70 dwelling units could be located on the property under the present RS-10 zoning. COOKEVILLE PLANNING COMMISSION 9 FEBRUARY 23, 2015 Habitat for Humanity acquired the subject property in 2014 and hired a consultant firm to examine how best to develop the property to meet the organization’s housing goals. In late 2014 a series of public meetings were held in the West End neighborhood with one of the purposes being the identification of a development scenario for the subject property. A site plan created by the consultant provides for a mixture of housing types with a total density of 60 units. A significant amount of open or green space is included in the plan. While the density is below what could be developed under the current zoning the variety of housing types, including townhouses and cottages on small lots, is not allowed in the RS-10 district. The proposed RD district, while allowing a greater density, also allows greater flexibility in housing types. The Cookeville 2030 Plan depicts the property as being best suited for mixed density residential development. The requested RD zoning is appropriate for this land use classification. It should also be noted that the property is also depicted in the 2030 Plan as being in an area in need of redevelopment/revitalization. Staff recommended approval of the rezoning request. Dave Allmon, of Allmon Engineering, stated that the Master Plan for Habitat for Humanity show single family homes and in the future duplexes. They will have a homeowners association and deed restriction, which include no junky cars and other protective covenants. Hunter Kaller, property owner at 234 Garrett Avenue, stated that he was not opposed to the development but has problems now with sewer overflow and was concerned about additional problems with a larger development. Mr. Kaller was also concerned that there needed to be a street light on West Broad Street for safety getting in and out of the development. Dave Allmon stated that they have addressed water quality and retention on this development. Dr. Roy Loutzneheiser made the motion to approve rezoning 726 West End Street from RS15 (Single Family Residential) to RD (Single Family and Duplex Residential). Kay Starkweather seconded the motion and the motion carried unanimously. APPROVED REZONING FROM RS10 TO RD. CONSIDER FOR ACTION PRELIMINARY PLAT OF FARRIS HILLS AT FALLING WATER, 22 LOTS LOCATED ON BOYD FARRIS ROAD AND A REQUEST FOR A VARIANCE FOR TWO (2) FLAG LOTS FOR LOTS 10 & 11. REQUEST SUBMITTED BY SAM TAYS OF TAYS REALTY & AUCTION ON BEHALF OF THE CLAY AND LENA FARRIS FAMILY LIMITED PARTNERSHIP. James Mills stated that the Clay and Lena Farris Family Limited Partnership has submitted a preliminary plat of Farris Hills at Falling Water River, a 22 lot single family detached residential subdivision located on Boyd Farris Road. In addition, Sam Tays with Tays Realty & Auction LLC has submitted a request on behalf of the property owners to allow the creation of two (2) adjacent flag lots in the development. COOKEVILLE PLANNING COMMISSION 10 FEBRUARY 23, 2015 The subdivision development property is identified on Tax Map 83 as a portion of Parcel 144.01 and all of Parcel 144.02 and consists of approximately 35.88 total acres. The remainder of Parcel 144.01 is significantly greater than five (5) acres. The property is zoned RS-20, Single Family Residential, as are all adjacent properties that lie within the corporate limits. Properties east of Falling Water River are in the unincorporated area of Putnam County. Parcel 144.02 contains a single family dwelling and is proposed as Lot 16 of the development. All of the lots front Boyd Farris Road and the plat shows the existing right-of-way of Boyd Farris Road is 50 feet; therefore no additional property dedication for right-of-way is required. The lots will be served by the existing four-inch waterline located in the street right-of- way. There are two (2) existing fire hydrants located within the 500 feet required distance for fire protection. Sewer is not currently available to the site therefore each lot must be individually evaluated for subsurface waste disposal systems and approved by the Wastewater Division of the Tennessee Department of Environment and Conservation (TDEC). Portions of proposed Lots 6 through 11 are shown on FIRM # 47141C0305D as being within a FEMA designated Special Flood Hazard Area along the Falling Water River as depicted on the plat. These lots will require that a Base Flood Elevation be established by the Planning Department. Furthermore, these lots will also require that a Certified Surveyor, Engineer or Architect complete a pre-construction Elevation Certificate before a building permit can be issued. As previously stated, a request was submitted asking that the Planning Commission consider granting a variance to allow two (2) flag lots shown on the plat as Lots 10 & 11. A flag lot is defined in the Subdivision Regulations as “a lot which is accessed by a strip of land of a width less than the required street frontage and which is located behind another lot which meets the required street frontage.” Article X Section G of the Subdivision Regulations specifies that flag lots shall be permitted only for existing lots of record and upon the approval of a variance by the Planning Commission subject to the following conditions: a. The parcel of land proposed for subdivision to include a flag lot shall have depth to width ratio exceeding 2:1. b. No access strip shall be less than 25 feet in width for its entire length. c. The access strip shall provide access for only one lot and shall be deeded and platted as a part of the building site. No building or structure shall be located in the access strip. d. The access strip shall not exceed 500 feet in length and no more than two access strips shall be located side-by-side. e. The point where the access strip abuts the public street shall be safe for vehicular ingress and egress as far as visibility and grade are concerned since, unlike conventional lots, flag lots have no other alternatives for driveway locations. f. All required building setbacks shall apply and be measured from the boundaries of the portion of the lot excluding the access strip. g. The developer shall restrict the flag lot from further subdivision unless a street meeting all requirements, including right-of-way, is constructed. Said restriction shall be placed on the Final Plat. COOKEVILLE PLANNING COMMISSION 11 FEBRUARY 23, 2015 In no case shall a flag lot be used to avoid constructing a street to the required standards. The proposed flag lots are platted with access strips exceeding 50’ in width. It should be noted that 50 feet is the normal width required to construct a new street. Staff recommended approval of the request to allow two flags lots and conditional preliminary plat approval of Farris Hills at Falling Water, subject to the approval of the tracts by TDEC for subsurface sewage disposal systems and to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Dr. Roy Loutzenheiser made the motion to approve a variance for two flag lots and conditional preliminary plat approval subject to the approval of the tracts by TDEC for subsurface sewage disposal systems and to the completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED FLAG LOTS AND GRANTED CONDITIONAL PRELIMINARY PLAT APPROVAL. CONSIDER FOR ACTION 2015 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has completed the 2015 Annual Report and Program Design. The purpose of this report is to review the activities of 2014 and to outline proposed activities for 2015. Some of the major tasks completed in 2014 included: • Completed and approved 3 annexation studies and approved 2 annexations by ordinance and 1 by referendum. • Prepared and approved 3 amendments to the Zoning Code. • Approved 6 and denied 3 rezoning requests • Approved 12 final subdivision plats containing a total of 165 lots and 26 minor plats containing 43 lots • Prepared and submitted application for participation in FEMA’s CRS Program, City accepted as a Class 9 rated community • Prepared and submitted TDOT Multimodal Access Grant Application for installing sidewalks along East Spring Street The major work activities proposed for 2015 include: • Continue implementation of 2030 Plan • Prepare zoning study of area contiguous with Highlands Business Park • Prepare as necessary amendments to the Zoning Code including modifications to the requirements for on-premise banners, establishing standards for columbaria and revising the provisions for accessory structures COOKEVILLE PLANNING COMMISSION 12 FEBRUARY 23, 2015 • Assist as required with implementation of the Major Street Plan including the Bennett Road extension, 5th I-40 Interchange, and Ridgedale Drive and Stevens Street realignment projects • Assist with implementation of Multimodal Access Grant for sidewalks along East Spring Street if approved by TDOT • Complete establishment of local Elevation Control Network Staff recommended approval of 2015 Annual Report and Program Design. Jim Woodford made the motion to approve the 2015 Annual Report and Program Design. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED 2015 ANNUAL REPORT AND PROGRAM DESIGN. CONSIDER FOR ACTION FINAL PLAT OF CITY OF COOKEVILLE/CRMC W. BROAD, CHESTNUT & WEST 3RD PROPERTY DIVISION, 4 LOTS LOCATED ON WEST BROAD, CHESTNUT AVENUE & WEST 3RD STREET. REQUEST SUBMITTED BY CITY OF COOKEVILLE. James Mills stated that the City of Cookeville has submitted a four (4) lot final plat of City of Cookeville/CRMC W. Broad, Chestnut & W. 3rd Property Division. The subdivision property is identified on Tax Map 053B Group P as Parcel 5.01 and consists of approximately 3.948 acres. The property is currently split zoned between MS, Medical Services, and RD, Single Family/Duplex Residential. The subject property is adjacent to seven (7) properties. Two (2) of these properties are zoned CL, Local Commercial, two (2) are zoned MS and three (3) are zoned RD. As depicted on the plat Tracts 1 & 2 will be zoned RD and Tracts 3 & 4 will be zoned MS. The lots are all served by existing waterlines and sewer lines located in the street right-of- ways. In addition, there are four (4) existing fire hydrants located within the 500’ required distance for fire protection. There are no sinkholes or flood hazard areas indicated on the property. The CRMC Board of Directors and the Cookeville City Council have approved declaring as surplus Tracts 1, 2 and 4. Located on Tract 3 is the Cookeville Regional Medical Center (CRMC) Daycare. The remaining three (3) tracts are undeveloped with the exception of a paved drive through Tract 4 that extends from West Broad Street to Chestnut Avenue. The drive is located within an access easement depicted on Tract 4. Staff recommended conditional final plat approval subject to completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Chris Wakefield made the motion to grant conditional final approval of City of Cookeville/CRMC W. Broad, Chestnut & West 3rd Property Division, subject to completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Jim Woodford seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. COOKEVILLE PLANNING COMMISSION 13 FEBRUARY 23, 2015 Jim Woodford made the motion to take the following items for study. Chris Wakefield seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY AMENDMENTS TO THE ZONING CODE RELATIVE TO THE FOLLOWING: BANNERS AND OTHER TEMPORARY NON-PREMISE SIGNS, ACCESSORY STRUCTURES, & USES IN THE UNV, UNIVERSITY DISTRICT. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY REQUEST FOR RAO (REDEVELOPMENT AREA OVERLAY DISTRICT) FOR PROPERTIES IDENTIFIED AS PARCELS 8, 10, 15, 16, 17 ON TAX MAP 40O, GROUP A LOCATED ON LAUREL AVENUE AND WEST 8TH & 9TH STREETS. REQUEST SUBMITTED BY AARON BERNHARDT, JERRY GAW, AND PAUL GAW. (3) CONSIDER FOR STUDY CLOSURE, ABANDONMENT AND DECLARATION AS SURPLUS PROPERTY A PORTION OF LAUREL AVENUE LOCATED BETWEEN WEST 8TH & WEST 9TH STREETS. REQUEST SUBMITTED BY AARON BERNHARDT. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • LOT LINE ADJUSTMENT FOR LOTS 15 & 16 OF THE AMENDED PLAT OF AVERY PLACE SUBDIVISION – 2 LOTS LOCATED ON AVERY PLACE – AARON BERNHARDT. (2) TRAINING James Mills stated that the Planning Commission is required to have four (4) hours of training a year. The Tennessee American Planning Association will have their Winter Retreat at Fall Creek Falls State Park on February 26 & 27, 2015. If anyone is interested in attending, please contact the Planning Department and the City will pay for the registration fee. James Mills introduced Mike Davidson to the Planning Commission. Mr. Davidson will be the interim City Manager after Jim Shipley retires on March 6, 2015. ADJOURNMENT: 7:30 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION