Planning Commission

COOKEVILLE PLANNING COMMISSION MINUTES OCTOBER 28, 2019 The Cookeville Planning Commission met on Monday, October 28, 2019 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Jim Cobb, Tracy Cody, Judy Jennings, James Stafne, and Eric Walker. MEMBERS ABSENT: Kay Starkweather, Leslie Sullins Draper, Chris Wakefield, and Daniel Odom STAFF MEMBERS PRESENT: James Mills, Jon Ward, Ken Young, and Haley Dickson. STAFF MEMBERS ABSENT: None. OTHERS PRESENT: Ben Wheeler, Taylor Dillhay, Haleigh Turner, and Shelby Kirby. ESTABLISHMENT OF QUORUM: Chairman Stafne announced that a quorum was present for the meeting. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Jim Cobb made the motion to approve the agenda as submitted. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 23, 2019. Jim Cobb made the motion to approve the minutes of September 23, 2019. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION PRELIMINARY PLAT OF BROOK VIEW SUBDIVISION, 16 LOTS LOCATED OFF BROOK VIEW DRIVE AND CORA ROAD. REQUEST SUBMITTED BY ERB PROPERTIES, LLC. Ken Young stated that Mr. Harold Brown with ERB Properties, LLC has submitted for approval a Preliminary Plat of Brook View Subdivision, a 16 lot single family detached development of their property located off Cora Road. The lots are configured to be suitable for the construction of duplexes. Analysis: The property proposed for development is identified on Tax Map 039 as Parcel 063.01 and contains approximately 6.17 acres. This property is zoned as RD, (Single and Two Family Residential) as is the adjacent property to the south. The north and west boundary of the site borders the corporate limits. Lots 1-4 will front Cora Road and lots 5-16 will front a new cul-de- sac (Brook View Drive) that is to be approximately 640 feet in length. Public Works Director, Greg Brown, requested that the developer demonstrate that a maximum 3% grade can be obtained for the intersection of the new street with Cora Road. New four (4) foot wide sidewalks are required to be installed on one (1) side of the new street excluding the cul-de-sac. Public Works requires that the plat and street plans must depict a five (5) foot passing lane on the proposed sidewalks every 200 feet to comply with current ADA requirements. Public Works also requires that the developer submit street plans including a road profile with sidewalk and landscape strip, drainage plans to include storm water detention, water quality and grading plans. A north-south blue line stream crosses the site and Public Works has stipulated that a stream buffer 30’ in width measured from the top of each bank must be depicted on the plat. In addition, the developer must obtain an Aquatic Resource Alteration Permit (ARAP) for the proposed stream crossing in order to obtain a construction storm water permit. COOKEVILLE PLANNING COMMISSION 2 October 28, 2019 The Water Quality Control Department requires the submittal of state approved engineered plans for the provision of water, fire hydrants and sewer. The plat will then need to be updated to show all utility connections. Water connection is available to the six (6) inch line located in the right- of-way of Cora Road and sewer will connect to the eight (8) inch gravity main at the existing manhole located near the southern boundary line. (A field survey is required to determine if this manhole is on the subject property. If the manhole is found to be on the adjacent property, the developer must obtain a sewer easement to access the system). There is an existing 20’ wide sewer easement shown on the plat that was previously established to allow the sewer to be extended north in the future. Barry Turner with Water Quality Control informed the developer that if they intend to use this sewer easement it will have to be widened. The Electric Department requires that all electric is to be installed underground per CED specifications and easements shall be established as needed. The developer will be responsible to pay the cost difference if they choose to upgrade the street lighting from the standard wood poles. The developer wishes to install natural gas and the Gas Department has requested a 10’ utility easement along the cul-de-sac. Recommendation: Conditional approval of the preliminary plat subject to the following: • Developer must schedule and attend a pre-construction meeting with all the appropriate city departments • Developer understands and agrees that all right-of-ways must be cleared prior to any installation of utilities • Developer must submit a street plan and profile with storm sewer and sidewalk details to the Department of Public Works for all new streets. Plan shall include typical road section, subgrade, base width, asphalt width and 2:1 slopes. • Developer shall show Public Works that a maximum 3% grade can be obtained for the intersection of the new street with Cora Road • Developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) and copies of the ARAP to Public Works • Developer must provide easements along all road frontage on both sides of the new street as required by the utilities • Developer must submit state approved water (including fire hydrants) and sewer plans to the Water Quality Control Department and schedule a pre-construction conference with the department • Developer shall submit plans for the installation of underground electric per the Electric Department design requirements • Developer to submit plans for the installation of natural gas to the Gas Department • Developer to provide all conduit for underground communications facilities, CAD files and electrical layout plan to Frontier Communications • Completion of corrections or additions to the plat as determined necessary by the Planning Department and/or other appropriate city departments Tracy Cody made the motion to approve the request as submitted. Eric Walker seconded the motion and the motion carried unanimously. CONDITIONAL PRELIMINARY PLAT APPROVED. COOKEVILLE PLANNING COMMISSION 3 October 28, 2019 CONSIDER FOR ACTION REQUEST TO REZONE PROPERTY AT 2090 AND 2070 FOUNTAIN CIRCLE (TAX MAP 040D GROUP C PARCEL 002.00 and 004.00) FROM CI (COMMERCIAL-INDUSTRIAL MIXED USE) TO HM (HEAVY MANUFACTURING). REQUEST SUBMITTED BY JOEL DEASON. Jon Ward stated that Mr. Joel Deason, on behalf of property owner Mrs. Nell Deason, has submitted a request to rezone from CI, Commercial-Industrial Mixed Use to HM, Heavy Manufacturing Mrs. Deason’s property located at 2070 and 2090 Fountain Circle. Analysis: The subject properties are identified as Parcels 002.00 and 004.00 on Tax Map 40D, Group C and consists of approximately 1.43 acres. It is also identified as Lots two (2) and four (4) in the Tony Deason Division, a six (6) lot subdivision located off Shag Rag Road approved by the Planning Commission in 2007. The parcels are contiguous on the east and west with property zoned as HM, and to the south with property zoned as CI. The northern boundary of the properties is the Cookeville City Limits. The property is currently undeveloped. The CI District is intended to accommodate a mixture of compatible commercial and light industrial developments. The HM District is intended for heavy industrial uses and establishments in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials. The Cookeville 2030 Plan depicts the property as being best suited for general industrial use. Many uses permitted in the HM District may have potential impacts on nearby properties. Mr. Deason has informed the Planning Department that the property is subject to deed restrictions that restrict its use and would minimize any impact on adjacent properties. He also indicates that his family still retains ownership of the remaining parcels within the subdivision. Mr. Deason indicates in the petition that the purpose of the request is to allow self-storage facilities “so the construction of new buildings that can be metal building with brick or block on the front side only, to match the surrounding buildings”. Mr. Deason has stated that the covenants and restrictions for the subdivision require that the front facades of any new buildings must be brick or split faced block. Section 208A of the Zoning Code established architectural design requirements for new developments within the City of Cookeville. These design requirements prohibit any corrugated metal siding as an acceptable material. Developments in the HM, Heavy Manufacturing District are exempt from the Architectural Design Requirements of Section 208A. At the June 25, 2018 Planning Commission meeting, the Planning Commission approved rezoning the adjacent properties to the west from CI Commercial Industrial Mixed Use to HM, Heavy Manufacturing. This request was submitted to allow the location of an auto body repair shop, with an auto wrecker service and storage yard. The current rezoning request is consistent with the previous rezoning action, and the remaining CI property consists of over five (5) acres (approximately 7.76 acres). Recommendation: Approval of rezoning request Tracy Cody made the motion to approve the request recommended by staff. Eric Walker seconded the motion and the motion carried unanimously. APPROVED. COOKEVILLE PLANNING COMMISSION 4 October 28, 2019 CONSIDER FOR ACTION REQUEST FOR AMENDMENT TO ZONING CODE BY REMOVING SECTION 3 FROM 212.4D. REQUEST SUBMITTED BY TERESA ARMSTRONG. Jon Ward stated that Ms. Teresa Armstrong has submitted a request for a Zoning Code Amendment to the RS10 Single Family Residential District relative to the maximum number of residents allowed in Hospice Residence Home/Assisted Living Facilities. Ms. Armstrong is the current owner of the property located at 570 Sate Street. Analysis: The Planning Commission has considered two (2) prior amendments to the Zoning Code relative to Hospice Residence Homes and Assisted Living Facilities in residential districts and one prior rezoning request for the property located at 570 State Street. Prior to 2012, hospice house was included in Section 234 of the Zoning Code, on the Chart of Permitted Uses as a permitted use in the MS District. At the July 2012 Planning Commission meeting, amendments to the zoning code were approved to define Hospice Residence Homes and allow this use in the RS10, RS5, and RD Districts as a use permitted on appeal, and as permitted uses in the RM8, and RM14 Districts. At the November 2016 meeting, the Planning Commission recommended approval to rezone the property at 570 State Street from RS10, Single Family Residential to RM8, Multi-family Residential. The City Council denied this request in January 2017, but directed the Planning Department to prepare amendments to the Zoning Code that would allow a limited number of assisted living units. At the March 2017 meeting, the Planning Commission approved amendments to include Assisted Living as a use allowed in conjunction with Hospice Residence Homes. As amended, the Zoning Code currently allows Hospice Residence Homes/Assisted Living Facilities as uses permitted on appeal in the RS-10, RS-5 and RD zoning districts (special exceptions requiring approval of the Board of Zoning Appeals) and as permitted uses in the RM- 8 and RM-14 zoning districts. In each of these zoning districts Hospice Residence Homes/Assisted Living Facilities are limited to a maximum of fifteen (15) residents, with a maximum of ten (10) residents classified as assisted living residents and a minimum of five (5) rooms shall, at all times, be available for residents in need of hospice care. The following conditions must be met in the RS-10, RS-5 and RD districts: 1. Minimum lot area of 40,000 square feet shall be provided for such facility 2. Maximum of fifteen (15) residents shall reside at the facility 3. Maximum of ten (10) residents shall be classified as assisted living residents and a minimum of five (5) rooms shall, at all times, be available for residents in need of hospice care 4. Minimum of one (1) off-street parking space per maximum number of residents and employees shall be provided at the facility 5. No freestanding signs shall be permitted 6. Shall be located on property contiguous with property zoned for multi-family residential purposes and shall be accessed from the same street as the contiguous property zoned for multi-family residential purposes 7. Structure shall be compatible with nearby residential structures in terms of scale and appearance 8. Site plan and floor plan shall be submitted to and approved by the Board of Zoning Appeals 9. Type 2 Screen/Buffer Yards as specified in section 208 of this Zoning Code shall be provided along all property lines abutting property zoned or used for single or two-family residential purposes 10. All requirements of the State of Tennessee that pertain to the use and operation of the facility shall be met COOKEVILLE PLANNING COMMISSION 5 October 28, 2019 Conditions 4, 5, 6, and 7 are not required in the RM-8 and RM-14 zoning districts. The requested amendment is to remove condition number three (3) from Section 212.4D, RS10 District of the Zoning Code. 3. Maximum of ten (10) residents shall be classified as assisted living residents and a minimum of five (5) rooms shall, at all times, be available for residents in need of hospice care The petitioner included with the application that the home at 570 State Street has been renovated to accommodate up to twelve (12) residents, further stating that the home had never accommodated up to five (5) residents in hospice care, and that the home had not housed as many as twelve (12) hospice resident in totality during the cumulative seven (7) years since the first amendment was approved. Tennessee state law has provided an occupancy for group homes that is exempt from single family zoning restrictions. TCA 13-24-102, provides: "For the purposes of any zoning law in Tennessee, the classification "single family residence" includes any home in which eight (8) or fewer unrelated persons with disabilities reside, and may include three (3) additional persons acting as support staff or guardians, who need not be related to each other or to any of the persons with disabilities residing in the home." Public Chapter 879, adopted by the Tennessee General Assembly, that took effect July 1, 2018, included Sober Living Homes under these protections established in Tennessee Code. The initial actions to amend the Zoning Code were to accommodate hospice care facilities. The requests have evolved over time to include assisted living, and the current request is to eliminate hospice care and allow fifteen (15) assisted living residents in a single family zoning district. Tennessee Code Annotated further exempts group homes for persons with disabilities at a prescribed occupancy. The Planning Department has concerns with additional amendments to the zoning code to allow assisted living facilities in the single family zoning districts with fifteen (15) residents. The Planning Commission could consider a compromise to reduce the total occupancy to twelve (12), the residents of which could consist of either assisted living or hospice care. An additional safeguard to the single family districts would be to add the condition that the home must have been previously legally utilized as a group home. Recommendation: Denial of the request. Consider amendment to reduce total residents to twelve (12) regardless of classification as assisted living or hospice residence homes and add the requirement that the home must have been previously legally utilized as a group home. Haleigh Turner, a representative for the property, stated that if the proposed amendment is not approved then the house will go back to the bank due to buyers not wanting the hospice section. Ms. Turner also stated that the buyers are aware of the staff’s proposed amendment. Eric Walker added that the amendments are not adding to Single-Family zoning and this proposal is only allowing the amendments to group homes. Jim Cobb made the motion to approve the request recommended by staff. Tracy Cody seconded the motion and the motion carried unanimously. STAFF RECOMMENDATIONS APPROVED. COOKEVILLE PLANNING COMMISSION 6 October 28, 2019 CONSIDER FOR ACTION ESTABLISHMENT OF RAO, “REDEVELOPMENT AREA OVERLAY” DISTRICT FOR PROPERTIES IDENTIFIED AS PARCELS 6.01, 7.00, 8.00, 8.01, 9.00, 10.00, 11.00, & 12.00 ON TAX MAP 40F “C” AND LOCATED AT 1919, 1913 & 1901 N WASHINGTON AVE, 420, 430, 502, 512, & 518 EAST JERE WHITSON ROAD. REQUEST SUBMITTED BY AARON BERNHARDT. DEVELOPER HAS REQUESTED THIS ITEM BE WITHDRAWN. Summary: Mr. Aaron Bernhardt submitted a request for an RAO, Redevelopment Area Overlay for properties located on North Washington Avenue and East Jere Whitson Road. Mr. Bernhardt submitted a letter requesting to withdraw request from consideration Eric Walker made the motion to approve the request to withdraw the request. Jim Cobb seconded the motion and the motion carried unanimously. WITHDRAWAL REQUEST APPROVED. STUDY ITEMS: (1) CONSIDER FOR STUDY, REQUEST TO CLOSE, ABANDON AND DECLARE AS SURPLUS PROPERTY A PORTION OF WEST 14TH STREET LOCATED WEST OF AUTUMN AVENUE. REQUEST SUBMITTED BY DONNIE ELKINS. Eric Walker made the motion to accept the items for study. Jim Cobb seconded the motion and the motion carried unanimously. APPROVED. STAFF REPORTS: (1) MINOR PLATS APPROVED & RECORDED: • GREYSTONE RE-DIVISION – THREE (3) LOTS LOCATED AT GREYSTONE WAY & GREYMOOR LANE – JUSTIN CUMBY • TENNESSEE HEART REALTY, LLC COMBINATION PLAT – ONE (1) LOT LOCATED AT N. WHITNEY, W. 3RD, N. HICKORY & W. 4TH – TENNESSEE HEART REALTY, LLC • PLEASANT VIEW LOT LINE ADJUSTMENT – TWO (2) LOTS LOCATED AT PLEASANT VIEW DRIVE – STEVE MCDONALD AND MARY STEVENS • DHS DEVELOPMENT, LLC SUBDIVISION – TWO (2) LOTS LOCATED AT W. BROAD STREET AND CC CAMP ROAD – DHS DEVELOPMENT, LLC • PACESETTERS INC DIVISION – TWO (2) LOTS LOCATED AT UNIVERSAL DRIVE – PACESETTERS INC (2) TRAFFIC COUNTS AND ACCIDENT REPORTS ON EAST SPRING STREET AND EAST BROAD STREET HAVE BEEN PULLED AND ARE BEING STUDIED FOR IMPROVEMENTS. ADJOURNMENT: 5:50 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _________________________________ HALEY DICKSON JIM STAFNE, CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION