Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES APRIL 24, 2017 The Cookeville Planning Commission met on Monday, April 24, 2017 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Stafne, Judy Jennings, Chris Wakefield, David Webb, Jim Woodford, Kay Starkweather, Leslie Sullins Draper, Tracy Cody, and Jim Cobb. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, Jon Ward and Officer Mullins. STAFF MEMBERS ABSENT: Mike Davidson. OTHERS PRESENT: Lauren Shibakov, Carolyn Whitson, Amy Blair, Kathy Dunn, Greg Johns, Aaron Bernhardt, D. K. Andrews, Doug Freeman, Jack Freeman, Amanda Spencer, Patti Ferrell, Christopher Kevin and Laura Militana. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Kay Starkweather 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 MARCH 27, 2017. Jim Cobb made the motion to approve the minutes of March 27, 2017. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 113, 116, & 119 LOCUST AVENUE FROM RS-5 (SINGLE-FAMILY RESIDENTIAL) TO CBD (CENTRAL BUSINESS DISTRICT). REQUEST SUBMITTED BY LAUREN SHIBAKOV ON BEHALF OF DAVID ANDREWS AND DONNIE SUITS. James Mills stated that Mr. Donnie Suits of Capital Communities, LLC, the owner of property located at 116 Locust Avenue, and Mr. David Andrews, the owner of properties located at 113 and 119 Locust Avenue, have submitted requests to rezone their properties from RS-5, Single Family Residential to CBD, Central Business District. The property located at 116 Locust Avenue is identified as Parcel 4.00 on Tax Map 53F, Group J and consists of approximately 28,500 square feet. The parcel is contiguous with properties zoned as CBD and RS-5 to the west, as CBD to the north, and as RS-5 to the east and south. The property is currently undeveloped. The property is adjacent to Freeman Tire Company to the north, to the Putnam County Justice Center and the Andrews parcels to the west, and to single family homes to the east and south. The properties located at 113 and 119 Locust Avenue are identified as Parcels 22.00 and 23.00 on Tax Map 53F, Group H and consists of approximately 18,500 square feet each, or 37,000 square feet combined. The parcels are contiguous with properties zoned as CL, Local Commercial to the west, as CBD to the north, and as RS-5 to the east and south. Located on each parcel is a single family detached dwelling. The properties are adjacent to the Putnam COOKEVILLE PLANNING COMMISSION 2 APRIL 24, 2017 County Justice Center to the north, the First Realty Company to the west, to single family homes to the south, and to the Suits parcel to the east. The three (3) properties are depicted in the Cookeville 2030 Plan as being in a transitional area primarily being best suited for mixed density residential use and partially as local commercial. The residential area south of the subject properties consists primarily of well- maintained, older, moderate sized single family homes. Capshaw Elementary School is located approximately one (1) block southeast from the parcels proposed for rezoning. Locust Street is classified as a minor street. East Spring Street (U. S. Highway 70N), located one (1) block north, is classified as a major arterial street and Hudgens Street, located one (1) block south, is classified as a minor collector street. In 2011 Mr. Andrews submitted a similar request to rezone his properties to CBD. There was significant opposition to the proposed rezoning from nearby property owners. At the November 2011 meeting of the Planning Commission the request to rezone to CBD was denied; however, the Planning Department was directed to complete a study on possibly rezoning a larger area to CN, Neighborhood Commercial. The Planning Department prepared a proposal to rezone to CN nine (9) parcels located along Locust Avenue and East Hudgens Street. The property at 116 Locust Avenue was not included in the rezoning proposal. The Planning Commission denied the proposal to rezone to CN at their January 2012 meeting. The Planning Department has been contacted by two adjoining property owners regarding the proposed rezoning. While both would prefer the properties remain zoned as RS-5, they are not opposed to the rezoning to CBD. Both property owners expressed concern regarding the possible acquisition of the properties by the county for expansion of the Putnam County Justice Center and are of the opinion that the rezoning might prevent the acquisition. The Planning Department is of the same opinion as it was in 2011, that the subject properties would be more suitable for CN, Neighborhood Commercial zoning. The CN zone is a mixed used district intended for single and two-family residential dwellings, small and moderate sized offices, personal and business services, and limited general retail businesses. All non- residential structures must be compatible with nearby residential structures in terms of scale and appearance. Additionally, the CN zone requires greater building setbacks than the CBD and the permitted uses are more limited, which would minimize the impact on the nearby single family residential properties. Rezoning to CN, however, would require including the additional properties along Locust Avenue and East Hudgens Street identified in 2011. Staff recommended approval of the rezoning. Jim Stafne stated that the Planning Commission tries to protect single family residences and he was concerned about the uses allowed in the CBD zone that might not be suitable next to a single family neighborhood. Jim Woodford was concerned about setting a precedent by allowing CBD and would prefer CN (Neighborhood Commercial) as a buffer to protect the existing single family neighborhood. Chris Wakefield thought that this area was best suited for commercial. COOKEVILLE PLANNING COMMISSION 3 APRIL 24, 2017 James Mills stated that there were less uses in the CN zone, which would be more protective for the neighborhood than CBD, and the commercial structures in the CN zone would have to be compatible in looks to the residential neighborhood. Lauren Shibakov stated that their purpose is for the construction of a professional office space that is not a house, and that they choose CBD to maximize the lot in order to get 6-7 units. In the CN & CL, they would only be able to get 5 units, because they would have a 30’ setback on three (3) sides. Ms. Shibakov added that it was difficult to find professional office space near the courthouse. David Andrews, property owner of 113 & 119 Locust Avenue, stated that he would protect the neighborhood by going by the rules and that he would like to convert the houses to office space. Amanda Ferrell Spencer was representing her mom, Patti Ferrell, who lives at 103 South Maple Avenue. Their family has lived at that location for 40 years and they would prefer that the commission look at rezoning to CN which has more restrictive setbacks than CBD to protect the existing neighbors. Jack Freeman, property owner of Freeman Tire located at 527 East Spring Street, was concerned about additional commercial businesses adjacent to his property. He currently has problems now with people parking on his lot where his employee’s park and he has to tow those vehicles when court is in session. Mr. Freeman stated that the road was not 40’ in width and that the railroad spike for his property was located in the road. Leslie Sullins Draper asked if the right-of-way was less than 40’ in width, would there be enough room to widen the road in the future. James Mills stated that 30’ should be enough width for a local street. According to City’s recent parking study, parking is an issue and any new construction would have to meet all the parking requirements, which is the same in CBD and CN. Mr. Mills added that staff would not recommend rezoning to CL (Local Commercial) because the uses allowed in CL would not be appropriate for the area. Greg Johns, property owner at 457 East Hudgens Street, was concerned about stormwater drainage, because over the past six (6) years, water ponds next to his property. James Mills stated that stormwater requirements are checked during site plan review to see if the site complies with the current regulations. The Planning Commission will be updating stormwater regulations in June. Christopher Kevin, property owner at 545 Douglas Street, wanted to thank the Planning Department for the notification of the meeting. Mr. Kevin stated that he was an attorney and it was not difficult to find office space in the area. He was opposed to quick cash checking places and bonds bail offices, next to single family homes. Mr. Kevin added that he has 3 children under the age of 5 and that the property owners in the area have renovated existing houses and the area has turned into a nice family neighborhood again. COOKEVILLE PLANNING COMMISSION 4 APRIL 24, 2017 Greg John, property owner at 457 East Hudgens Street, added that the area is family friendly and that owners are investing in the neighborhood. Carolyn Whitson, property owner at 128 Locust Avenue, stated that she was born in the house where she lives and that the neighborhood has seen a lot of renovating recently to some of the existing older homes in the area and a couple of new homes have been built in the area. Her preference for the land would be to remain zoned single family residential. She has seen a copy of Mr. Donnie Suits’ plans for the vacant lot and was impressed with the drawings for a professional office complex. The fronts of the his projected buildings go a long way in indicating his plans to integrate his office complex into the residential area. Therefore, Ms. Whitson does not oppose his request for rezoning. She hoped that based on the application for Mr. Andrews properties that he will follow through with offices of a nature desirable to the residents. Ms. Whitson understands that Putnam County is attempting to purchase these lots for parking lots and/or another Criminal Justice building and she was adamantly opposed to have those uses next to their neighborhood. Maintaining the quality of our neighborhood is of vital importance to her. When any commercial rezoning is requested for this street, she believes it needs to include plans for a transitional area to protect the area. Amy Blair, property owner at 117 South Maple Avenue, adjoins the 116 Locust Street property to the east. Her preference is that the properties in question remain RS-5. Since it has been mentioned that the county as an interest in these properties, she wanted to state that she adamantly opposed the acquisition of the properties by the county for additional parking and/or any type of expansion of the Justice Center or county government facilities. It would have an immensely negative impact on her property and those adjacent to these lots. Ms. Blair also had serious concerns about increased traffic, loitering, crime, and decreased property value with the CBD zoning designation. Ms. Blair requested that Donnie Suits consider rezoning to CN, which would be fair for everyone involved. James Mills stated that a concern listed by Lauren Shibokov was the setbacks on three street sides. The Zoning Code has a provision for front yard setback averaging. Section 204.3 states that for any structure or use located on a lot where the average front yard setback of existing structures within one hundred (100) feet on the same side of the street and within the same zoning district is ten (10) feet more or less than what is required by this Zoning Code, the minimum front yard setback shall be the average of the setbacks of said existing structures, provided; however, that the front setback can be no less than fifteen (15) feet. Leslie Sullins Draper made the motion to postpone until May 22, 2017 for additional study for CN zoning in the area. Jim Cobb seconded the motion and the motion carried unanimously. POSTPONED UNTIL MAY 22, 2017 FOR ADDITIONAL STUDY FOR CN ZONING. James Mills announced that there would not be additional notification sent out for next month’s meeting. COOKEVILLE PLANNING COMMISSION 5 APRIL 24, 2017 CONSIDER FOR ACTION PRELIMINARY PLAT OF HUDGENS COURT, 5 LOTS LOCATED AT 428 EAST HUDGENS STREET. REQUEST SUBMITTED BY JERRY C. GAW, INC. James Mills stated that Mr. Aaron Bernhardt and Mr. Jerry Gaw have submitted for approval a Preliminary Plat of Hudgens Court, a four (4) unit, five (5) lot single family attached (townhouse) development of their property located on East Hudgens Street. The subject property is identified on Tax Map 53F, Group H, as Parcel 16.00. The property is zoned CN, “Neighborhood Commercial” and consists of approximately 0.46 acres as is the adjacent property to the southeast. Adjacent properties to the northeast and north are zoned CL, “Local Commercial”. The adjacent property to the east is zoned RS-5, “Single-Family Residential”. There are no evident topographic constraints indicated on the property. The proposed development consists of four (4) building lots and Lot 5 will encompass the remaining common areas. All of these lots will front a new private interior parking and ingress/egress proposed as Hudgens Court that terminates in a dead end. The plat depicts a turnaround area toward the front of the property to allow for turning movements for trash collection and emergency vehicles. The developers have submitted a request to waive the requirement to construct a cul-de-sac at the end of the new street due to constraints caused by the narrowness of the parcel. The units are planned to all contain two (2) bedrooms and off street parking is calculated at the rate of 1.25 spaces per bedroom for a minimum total of 10 required parking spaces. Each unit will have a two (2) car garage as well as two (2) off street parking spaces per unit which totals 16 spaces, thereby exceeding the minimum spaces required. The plat depicts the proposed construction of a new five (5) foot wide sidewalk along the East Hudgens Street frontage. Each dwelling unit is to be outfitted with sprinkler systems that meet the National Fire Protection Association design standard 13D. In addition, an existing fire hydrant is approximately 425 feet from the site which is within the required proximity for fire protection. Water and sewer is available to connect to the eight (8) inch sewer line and six (6) inch located in the street right-of-way. The Electric Department requires that all electric is to be installed underground per CED specifications. The developer stated his intention to provide solid waste management using individual canisters in lieu of a dumpster. The developers are in the process of hiring an engineer to prepare the site design. All of the property including the driveway, parking areas and other common areas and infrastructure components are private. Repair and maintenance of the common elements will be covered under a homeowner’s association agreement that is to be submitted in a timely manner after the final plat is recorded. Staff recommended conditional approval of the Preliminary Plat subject to the following: • The Public Works Department must provide express written approval to waive the requirement to construct a cul-de-sac prior to initiation of the following conditions, • Developer must schedule and attend a pre-construction meeting with all the appropriate city departments, COOKEVILLE PLANNING COMMISSION 6 APRIL 24, 2017 • Developer must submit a grading plan and obtain a grading permit before beginning construction, • Developer must submit a roadway construction plan and profile with storm sewer and sidewalk details to the Department of Public Works. Plan shall include typical road section, subgrade, base width, asphalt width and 3:1 slopes, • Developer must submit water and sewer plans to the Water Quality Control Department, • Developer shall submit plans for the installation of underground electric per the Electric Department design requirements, • Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications, • Developer shall provide all utility easements as required by the Electric, Gas and Water Quality Control Departments, and • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments. Jim Woodford made the motion to grant conditional Preliminary Plat approval of Hudgens Court. Tracy Cody seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVAL. Leslie Sullins Draper made the motion to take the following items for study. Jim Woodford seconded the motion and the motion carried unanimously. STUDY ITEMS. James Mills stated that a motion needed to be made to set a date for a Public Hearing on Study Item #6 for the June 26, 2017 meeting. Kay Starkweather made the motion to set a date for a Public Hearing on Study Item #6 to amend the Cookeville Subdivision Regulations, Article XI, Section L relating to stormwater retention and/or detention for the June 26, 2017 Planning Commission meeting. Jim Woodford seconded the motion and the motion carried unanimously. SET A DATE FOR A PUBLIC HEARING FOR JUNE 26, 2017 FOR AMENDMENTS TO THE SUBDIVISION REGULATIONS. (1) CONSIDER FOR STUDY AMENDMENTS TO ZONING CODE TO INSERT PROVISIONS FOR SINGLE-FAMILY CLUSTER DEVELOPMENTS IN THE RD, RM-8, RM-14, CN, CL, & CG ZONING DISTRICTS. REQUEST SUBMITTED BY STAFF. (2) CONSIDER FOR STUDY RENAMING PORTIONS OF BUFFALO VALLEY ROAD FROM WEST JACKSON AVENUE TO SOUTH WILLOW AVENUE AND FROM SOUTH WILLOW AVENUE TO SCOTT AVENUE. REQUEST SUBMITTED BY STAFF. (3) CONSIDER FOR STUDY PRELIMINARY PLAT OF EAGLE POINT, 8 LOTS LOCATED OFF INTERSTATE DRIVE AND SOUTH WALNUT AVENUE. REQUEST SUBMITTED BY SHOPPES AT EAGLE POINT LLC. COOKEVILLE PLANNING COMMISSION 7 APRIL 24, 2017 (4) CONSIDER FOR STUDY PRELIMINARY PLAT OF MERCANTILE SUBDIVISION, 20 LOTS LOCATED ON EAST TENTH STREET. SUBMITTED BY AARON BERNHARDT. (5) CONSIDER FOR STUDY PRELIMINARY PLAT OF WINDSOR HILL ISLAND SUBDIVISION, 71 LOTS LOCATED ON NOTTINGHAM DRIVE. REQUEST SUBMITTED BY JERRY GAW. (6) CONSIDER FOR STUDY AND SET A DATE FOR A PUBLIC HEARING TO AMEND THE COOKEVILLE SUBDIVISION REGULATIONS, ARTICLE XI, SECTION L. STORMWATER RETENTION AND/OR DETENTION. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • CITY OF COOKEVILLE BOYD FARRIS ROAD MITIGATION DIVISION, 2 LOTS LOCATED ON 18.786 ACRES ON BOYD FARRIS ROAD – CITY OF COOKEVILLE. • LOTS #4 OF THE ANDELENE SHANKS PROPERTY – 1 LOT LOCATED AT 2220 MINE LICK CREEK ROAD – ANDELENE SHANKS. • SOUTH WILLOW INDUSTRIAL PARK PHASE 3 DIVISION – 2 LOTS LOCATED AT 1830 FOREMAN DRIVE AND 1065 & 1075 WILLOW INDUSTRIAL COURT – XI PROPERTIES. • COMBINATION PLAT OF HERITAGE POINTE REVISION 1 – 1 LOT LOCATED AT 1040 SOUTH MAPLE AVENUE – BEACON COMPANY, LLC. ADJOURNMENT: 6:34 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION