Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES FEBRUARY 26, 2018 The Cookeville Planning Commission met on Monday, February 26, 2018 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, Leslie Sullins Draper, Tracy Cody, and Jim Cobb. MEMBERS ABSENT: Kay Starkweather. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, Ken Young, Jon Ward, Mike Davidson, and Officer Giezentanner. OTHERS PRESENT: Shirley & Robin Riddle, Craig Bussell, Bonnie McLerran, Terry Meadows, Larry & JoAnn Strainer, Beverly Nivens, Jenene Jones, Cindy LaFever, Paul Jackson, Karlton Fredebeil, Jeff Cook, Todd Pile, Justin Tays, James & Heidi Neal, Amanda Potts, Beverly & Richard White, John & Evelyn Plean, Andrew & Crystal Dias, Emily Pierce, Bo Hoskins, Tyler & Becky Brown, Glenn Stockton, Steve & Jean Denton, Jamie & Bussell Johnson, Scott & Nancy Goodeon, Jim Petty, Patrice Skinner, Carl & Melanie Estep, Lola Pierce, George & Kim Dixon, and Laura Militana. CONSIDER FOR APPROVAL AMENDING THE AGENDA TO ADD STUDY ITEM #1: CONSIDER FOR STUDY REZONING A PORTION OF 1680 HAWKINS CRAWFORD ROAD ADJACENT TO TENNESSEE AVENUE (TAX MAP #71, P/O PARCEL 108.01) FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO CI (COMMERCIAL-INDUSTRIAL MIXED USE). REQUEST SUBMITTED BY STEVE NASH. Leslie Sullins Draper made the motion to approve the agenda as submitted. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE AGENDA AS AMENDED. Jim Woodford made the motion to approve the agenda as amended. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 26, 2018. Jim Woodford made the motion to approve the minutes of February 26, 2018. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION REZONING 1419 BAYVIEW DRIVE FROM RS-20 (SINGLE FAMILY RESIDENTIAL) TO RS-10 (SINGLE FAMILY RESIDENTIAL). REQUEST SUBMITTED BY TYLER BROWN. James Mills stated that Mr. Tyler Brown has submitted for consideration a request to rezone from RS-20, Single Family Residential to RS-10, Single Family Residential his property located at 1419 Bayview Drive. COOKEVILLE PLANNING COMMISSION 2 FEBRUARY 26, 2018 The subject property is identified as Parcel 34.00 on Tax Map 96. The property consists of approximately 9.6 acres. It is contiguous on all sides with properties zoned as RS-20, Single Family Residential. Located on the property is one (1) single family dwelling. The RS-20 District is intended to provide a low density residential environment in areas where public wastewater services are or are not available. A minimum land area of 20,000 square feet per dwelling unit is required in this district. The RS-10 District is intended to provide a moderate density single-family residential environment where public wastewater services are available. A minimum land area of 10,000 square feet per dwelling unit is required. Public sewer service has recently been made available to the subject property. The Cookeville 2030 Plan primarily depicts the property as being suitable for lower density residential development. At the time the plan was prepared public wastewater service was not available to the subject parcel. The property is located in an area annexed by the city in 2000. It is noted in the 2030 Plan that to accommodate anticipated growth, significant portions of the land area annexed since 2000 will have to be rezoned when the appropriate infrastructure is provided. While the proposed rezoning appears to comply with the 2030 Plan, the Planning Department has concerns over increasing the density of residential development on a dead end street. Bayview Drive extends approximately 5,500 feet to the terminus of East Riverside Drive. There are approximately 99 dwellings located on or off Bayview Drive and two (2) other dwellings currently under construction. The maximum length of a dead end street allowed under the Subdivision Regulations is 1,200 feet and the maximum number of dwelling units allowed on a dead end street is 20. The distance from Old Sparta Road to the subject property is approximately 1,300 feet and the subdivision of the subject property would require construction of a new street approximately 1,000 feet in length. The Planning Department has received several comments from property owners residing on or off of Bayview Drive. The primary concern expressed is the additional vehicle traffic on what is perceived as a substandard street, due to pavement width and visibility issues. The average width of Bayview Drive from Old Sparta Road to the subject property is 16 feet. The standard street width for a local street is 20 feet, with a width of 18 feet permitted in certain cases where there is minimal traffic. With both the lack of adequate access and the substandard width of existing access the proposed rezoning, in the opinion of the Planning Department, would not be appropriate until such time as these issues are rectified. Staff recommended denial of the rezoning due to lack of suitable access. Lola Pierce, property owner at 1708 Bayview Drive, asked if they could appeal the decision to the City Council. James Mills responded that the petitioner has 30 days from tonight’s decision to appeal the decision to the City Council. Mr. Mills informed the residents that they would not be notified about the meeting, but a sign would be posted if the rezoning is appealed. COOKEVILLE PLANNING COMMISSION 3 FEBRUARY 26, 2018 Tracy Cody made the motion to deny rezoning 1419 Bayview Drive from RS-20 (Single Family Residential) to RS-10 (Single Family Residential). Jim Woodford seconded the motion and the motion carried unanimously. REZONING DENIED. CONSIDER FOR ACTION REZONING 226 WEST STEVENS STREET FROM RS-10 (SINGLE FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY BEVERLY S. NIVENS AND PHILLIP B. SMITH. James Mills stated that Ms. Beverly S. Nivens and Mr. Phillip Smith have submitted for consideration a request to rezone from RS-10, Single Family Residential to CG, General Commercial portions of their property located at 226 West Stevens Street. The subject property is identified as portions of Parcels 2.00, 2.01, and 3.00 on Tax Map 53J, Group J. The zoning of these three (3) parcels is currently split with the northern half fronting West Stevens Street zoned as CG and the southern or rear portion zoned as RS-10. Combined the parcels consists of approximately 0.64 acres, with approximately 0.32 acres currently zoned as RS-10. It is contiguous with properties zoned as CR to the west, as CG to the north and east, and RS-10, Single Family Residential to the south and east. Situated on these three (3) parcels are three (3) commercial structures in which Smith Electric, LLC, Shear Attitude/Aveda, and Davis Information Technology, LLC are located. In the opinion of the Planning Department the proposed rezoning is reasonable and is in compliance with the Cookeville 2030 Plan. Staff recommended approval of the rezoning. Beverly Smith Niven stated that she owns the property along with her brother and they were unaware that the property was split by zoning. It is currently being used for commercial and the rezoning will put all of their property in one zone for future resale. Leslie Sullins Draper made the motion to approve rezoning 226 West Stevens Street from RS- 10 (Single Family Residential) to CG (General Commercial). Jim Cobb seconded the motion and the motion carried unanimously. APPROVED REZONING FROM RS-10 TO CG. CONSIDER FOR ACTION REZONING THE SOUTHEAST INTERSECTION OF HIGHWAY III AND EAST SPRING STREET (TAX MAP #67A-F-40.00) FROM CR (REGIONAL COMMERCIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY JERRY GAW ETAL. James Mills stated that Mr. Jerry Gaw has submitted a letter withdrawing his rezoning request. Staff recommended approval of withdrawal of the request. Chris Wakefield made the motion to approve withdrawing the rezoning request. Jim Cobb seconded the motion and the motion carried unanimously. REZONING REQUEST WITHDRAWN. CONSIDER FOR ACTION 2018 ANNUAL REPORT AND PROGRAM DESIGN. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department COOKEVILLE PLANNING COMMISSION 4 FEBRUARY 26, 2018 has completed the 2018 Annual Report and Program Design. The purpose of this report is to review the activities of 2017 and to outline proposed activities for 2018. Some of the major tasks completed in 2017 included: • Completed Status Report on Envision Cookeville, long range planning effort, • Assisted with preparation of Cookeville Corridor Analysis and Major Street Plan update funded through a TDOT Community Transportation Planning Grant, • Continued to assist with implementation of TDOT Multimodal Access Grant for installing sidewalks along East Spring Street, • Prepared and submitted application for 2018 TDOT Transportation Planning Grant to update the Cookeville Pedestrian and Bicycle Circulation Plan, • Continued preparation of Downtown Parking Utilization Study, • Completed Annexation Study for Mackie Farm Area, initiated process for annexation referendum, • Prepared amendments to Zoning Code pertaining to Short Term Rental Properties, • Approved 15 final subdivision plats containing a total of 166 lots and 28 minor plats containing 46 lots, • Prepared Municipal Code amendments adopting standards for wireless communication facilities located in the public right-of-way and adopting parking standards for city streets and parking lots, • Completed and recorded revised Final Plat of Highlands Business Park, • Assisted with West Stevens Street/Buffalo Valley Road realignment, • Prepared and tabulated survey for Pilot Curbside Recycling Program, assisted with initiation of program in the Windrowe Subdivision, and • Submitted request to State Rep. Williams for amendment to annexation legislation reducing the number of owners required to consent to annexation by resolution. Some of the major work activities proposed for 2018 include: • Continue implementation of 2030 Plan, • Prepare potential amendments to Future Land Use Plan element of the 2030 Plan to identify additional areas in need of redevelopment/revitalization and other amendments as determined appropriate, • Complete Downtown Parking Utilization Study, • Prepare amendments for Zoning Code Floodplain District zoning requirements per 2017 NFIP-CAV, • Prepare evaluation of Pilot Curbside Recycling Program, • Provide assistance for Mackie Farm annexation referendum, prepare Comprehensive Zoning proposal if referendum approved, • Provide support for adoption of SB 2680/HB 2125 amending the TCA to reduce the number of owners required to consent to annexation by resolution, • Continue to assist with implementation of TDOT Multimodal Access Grant for installing sidewalks along East Spring Street, and COOKEVILLE PLANNING COMMISSION 5 FEBRUARY 26, 2018 • Assist as required with implementation of the Major Street Plan including the South Jefferson Avenue and North Willow Avenue widening projects. Staff recommended approval of 2018 Annual Report and Program Design. Jim Stafne commended the Planning Department for all of their hard work during the last year. Tracy Cody made the motion to approve the 2018 Annual Report and Program Design. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED ANNUAL REPORT AND PROGRAM DESIGN. CONSIDER FOR ACTION AMENDING THE COOKEVILLE ZONING ORDINANCE REGULATING DEVELOPMENT WITHIN THE CORPORATE LIMITS OF COOKEVILLE, TENNESSEE, TO MINIMIZE DANGER TO LIFE AND PROPERTY DUE TO FLOODING, AND TO MAINTAIN ELIGIBILITY FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM, BY ADOPTING THE FEMA FLOOD INSURANCE RATE MAP PANELS. REQUEST SUBMITTED BY STAFF. James Mills stated that in October of 2017 a representative of the Tennessee Department of Environment and Conservation, on behalf of the Federal Emergency Management Agency (FEMA) completed a Community Assistance Visit (CAV). The purpose of the CAV was to assess the City of Cookeville’s effectiveness of floodplain management enforcement. As a result of the CAV, two amendments to the City of Cookeville floodplain management regulations are necessary. The Planning Department has prepared an Ordinance amending Section 230, FL, Floodplain District, of the Cookeville Zoning Code to address the recommendations resulting from the CAV. These amendments are as follows: • Section 230.1, General Description, is deleted and replaced with a new Section 230.1. The current Section 230.1 reads as follows: SECTION 230.1 GENERAL DESCRIPTION The FL District, and the rules and regulations contained herein, is established to enable the City of Cookeville to participate in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). The rules and regulations contained herein pertain to and are applicable to the flood hazard areas identified by FEMA on Flood Insurance Rate Maps (FIRM), as amended by a Letter of Map Revision (LOMR) issued by FEMA on October 6, 2010, and evaluated by FEMA in a Flood Insurance Study (FIS), both with effective dates of May 16, 2007. The FL District is an overlay district and may be located within the limits of any other zoning district. The amended Section 230.1 reads as follows: SECTION 230.1 GENERAL DESCRIPTION The FL District, and the rules and regulations contained herein, is established to enable the City of Cookeville to participate in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). The rules and COOKEVILLE PLANNING COMMISSION 6 FEBRUARY 26, 2018 regulations contained herein pertain to and are applicable to the flood hazard areas identified by FEMA on Flood Insurance Rate Maps (FIRM). The FL District is an overlay district and may be located within the limits of any other zoning district • Section 230.7B, Basis for Establishing the Areas of Special Flood Hazard, is deleted and replaced with a new Section 230.7B. The current Section 230.7B reads as follows: 230.7B Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard within the City of Cookeville identified on the Cookeville, Putnam County, Tennessee, Federal Emergency Management Agency, Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), with an effective date of May 16, 2007, along with all supporting technical data, are adopted by reference and declared to be a part of this Zoning Code. These areas shall be incorporated onto the Official Cookeville Zoning Map. The amended Section 230.7B reads as follows: 230.7B Basis for Establishing the Areas of Special Flood Hazard The Areas of Special Flood Hazard within the City of Cookeville, Tennessee, as identified by FEMA, and in its Flood Insurance Study (FIS) dated May 16, 2007 and Flood Insurance Rate Map (FIRM), Community 470150, Panel Numbers 47141C0120D, 47141C0125D, 47141C0130D, 47141C0140D 47141C0285D and 47141C0305D, dated May 16, 2007, along with all supporting technical data, are adopted by reference and declared to be a part of this Zoning Code. These areas shall be incorporated onto the Official Zoning Map of the City of Cookeville. Staff recommended approval of amendments to Section 230 of the Zoning Code. Leslie Sullins Draper made the motion to approve amendments to Section 230 of the Zoning Code. Jim Woodford seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS TO SECTION 230 OF THE ZONING CODE. CONSIDER FOR ACTION SIX (6) MONTH EXTENSION OF THE PRELIMINARY PLAT OF THE PRELIMINARY PLAT OF GREYSTONE SUBDIVISION, 61 LOTS LOCATED ON EAST BROAD STREET. REQUEST SUBMITTED BY JUSTIN CUMBY OF TITAN DEVELOPMENT, LLC. Ken Young stated that Mr. Justin Cumby on behalf of Titan Development has submitted for approval a request for a six (6) month extension of the Preliminary Plat of Greystone Subdivision, a 61 lot single family detached residential development of property located across from Briargate Subdivision on East Broad Street abutting the western right-of-way Highway 111. The development received conditional preliminary plat approval at the February 27, 2017 Planning Commission meeting. The property under development is identified on Tax Map 52 as Parcels 38.00 and 38.03 and combined contains approximately 34.18 acres. This property is zoned as RS-10, “Single Family Residential” as are all adjacent properties. Three (3) new streets within the subdivision are under construction consisting of approximately 3,200 feet in total length. Greystone Way is a cul-de-sac that will provide a western access point with East Broad Street and Greymoor Lane is to be an eastern access point to East Broad Street that will connect to Greystone Way. COOKEVILLE PLANNING COMMISSION 7 FEBRUARY 26, 2018 In addition, Greystone Court will be a cul-de-sac off of Greymoor Lane. New five (5) foot wide sidewalks are to be installed along both sides of all new streets, including the cul-de- sacs. The typical street section will be curb and gutter with a two (2) foot grass strip between the curb and the sidewalk. There have been no changes to the plat as previously approved. Staff recommended approval of a six (6) month extension of the Preliminary Plat subject to the original terms and conditions specified at the February 27, 2017 meeting. Jim Cobb made the motion to approve the six (6) month extension of the Preliminary Plat, subject to the original terms and conditions specified at the February 27, 2017 meeting. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED SIX (6) MONTH EXTENSION. CONSIDER FOR ACTION FINAL PLAT OF COPPER SPRINGS PHASE III, 74 LOTS LOCATED ON EAST SPRING STREET/HIGHWAY 70. REQUEST SUBMITTED BY DONNIE MEADOWS OF MEADOWS PROPERTIES. Ken Young stated that Mr. Donnie Meadows with Meadows Properties has submitted for approval the final plat of Copper Springs Phase III subdivision, a 74 lot single family attached (townhouse) and condominium development of his property located on East Spring Street. The preliminary plat was granted conditional approval by the Planning Commission on February 22, 2016 and was resubmitted and approved on May 22, 2017. The subject property is identified on Tax Map 52O Group B as Parcels 9.00, 17.00 and 18.00 containing approximately 7.25 acres. The site is zoned CL, “Local Commercial” as are the adjacent properties to the east and west. The remaining northern portion of the parcel is zoned RS-20, “Single Family Residential” as are properties adjacent to that section. Section 221.3 of the Zoning Code stipulates that single family attached dwellings (townhouses) and condominiums are allowed in the CL zone as a use permitted on review, subject to the submission of a plat in accordance with the Cookeville Subdivision Regulations. Phase III consists of 61 single family attached townhouses and 12 condominiums. Lot 74 is the remaining common area and is not a building lot. The development required the construction of a private interior street, named Copper Springs Circle and the installation of utilities. Public Works reports the binder and new sidewalks have been installed, inspected and approved. Water service is connected to the existing fourteen inch water line located in the right-of-way of East Spring Street and the lots are served by a master meter. The new eight (8) inch private sanitary sewer connects to the existing sewer located in a 20 foot wide easement located along the eastern boundary of the parcel. Water Quality Control requests that the 30 foot wide sewer easement shown running east to west north of Phase IV be shown on this plat. The dwelling units all have sprinkler systems and two (2) additional hydrants have been installed. All common areas, streets and other infrastructure improvements are private and will be maintained via a Homeowner Association Agreement that must be submitted in a timely manner after the final plat is recorded. A Warranty of Improvements is not required due to the private character of the development. No portion of the subject property is located in a Special Flood Hazard Area according to the Flood Insurance Rate Map for the area, nor are there indications of Sinkhole Retention Areas according to the available GIS data. COOKEVILLE PLANNING COMMISSION 8 FEBRUARY 26, 2018 Staff recommended conditional Final Plat approval subject to final surfacing of the new street, addition and/or corrections to the plat as required by the Planning Department or other appropriate departments and the submission of the Homeowner Agreement as soon as possible after the plat is recorded. Jim Woodford made the motion to grant conditional Final Plat approval, subject to final surfacing of the new street, addition and/or corrections to the plat as required by the Planning Department or other appropriate departments and the submission of the Homeowner Agreement as soon as possible after the plat is recorded. Chris Wakefield seconded the motion and the motion carried unanimously. CONDITIONAL FINAL PLAT APPROVAL. THIS STUDY ITEM WAS ADDED TO THE AGENDA AT THE MEETING: Jim Woodford made the motion to take the following item for study. Leslie Sullins Draper seconded the motion and the motion carried unanimously. STUDY ITEM. (1) CONSIDER FOR STUDY REZONING A PORTION OF 1680 HAWKINS CRAWFORD ROAD ADJACENT TO TENNESSEE AVENUE (TAX MAP # 71, P/O 108.01) FROM RS20 (SINGLE FAMILY RESIDENTIAL) TO CI (COMMERCIAL-INDUSTRIAL MIXED USE). REQUEST SUBMITTED BY STEVE NASH. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • LANNY DUNN LLC PROPERTY COMBINATION PLAT - 1 LOT LOCATED AT 1510 INTERSTATE DRIVE – LANNY DUNN. • ROBERT V. GILREATH PROPERTY – 2 LOTS LOCATED AT 3525 & 3555 OLD SPARTA ROAD –STONECOM PROPERTIES, LLC. (2) THE PRELIMINARY PLAT OF BULLINGTON FARMS SUBDIVISION PHASE I, 6 LOTS LOCATED OFF OLD SPARTA ROAD HAS BEEN WITHDRAWN. ADJOURNMENT: 6:12 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ JAYNE BARNS CPS JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION